HomeMy WebLinkAboutReso 1974-7210
Form No. 342
Rev. 9-71
RESOLUTION NO. 7210
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND R. L. KAUTZ & COMPANY, INC., FOR SELF-
INSURANCE OF WORKMEN'S COMPENSATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
R. L. Kautz & Company, Inc., for self-insurance of Workmen's
Compensation
dated the 5th day of March , 1974 , a copy of
which is attached hereto and incorporated herein, the:same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
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'Gordon K. Grant, Director of
Finance
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Lindberg, c~ty Atto
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 5th day of March , 19-=~.-, by
the following vote, to-wit:
AYES:
Councilmen
Scott, Hobel, Hamilton, Hyde
NAYES:
Councilmen
None
ABSENT:
Councilmen
Egdahl
ATTEST~~~/ ~/~/
Y IkyuL/ C~ ty Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
, City Clerk of the City of
that the above is a full, true
, and that the same has not
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Chula Vista, California, DO HEREBY CERTIFY
and correct copy of Resolution No.
been amended or repealed. DATED
C~ty Clerk
MEMORANDUM of AGREEMENT
THIS AGREEMENT, entered into this 5th day of March 19.7 4,
by and between CITY OF CHULA VISTA, hereinafter called THE CITY,
and R. L. KAUTZ & CO., hereinafter called THE SERVICE AGENT, for
certain services in connection with the duties and responsibilities
of THE CITY under the provisions of the Workmen's Compensation
Laws of the State of California as a result of injuries to its
employees,
WITNESSETH:
WHEREAS, THE CITY has undertaken to self-insure its liability to
its employees pursuant to the Workmen's Compensation Laws of the
State of California, and whereas, THE SERVICE AGENT is engaged in
the supervision and administration of programs for self-insured
employers,
NOW, THEREFORE, for and in consideration of the mutual obligations
hereby assumed, and the performance of the acts hereinafter set
forth, the parties hereto agree as follows:
THE SERVICE AGENT agrees to supervise and administer the self-
insurance program of THE CITY, to act as the representative of
THE CITY in matters related to THE CITY's obligations under the
Workmen's Compensation Laws of the State of California and agrees
further to provide to THE CITY during the term of this Agreement
all the services more particularly set forth hereinafter:
1. Administer the self-insurance plan of THE CITY
in full compliance with all rules and regula-
tions governing the administration of self-
insurance pursuant to Section 3700, et seq.,
Labor Code and the California Administrative
Procedure Act (Government Code, Title 8).
2. Provide a panel of physicians and specialists
for the treatment of injured employees, subject
to THE CITY's approval; provide counsel and
advice regarding THE CITY's first aid and
in-plant medical facilities and coordinate
these activities with those of the Claims
Department of THE SERVICE AGENT; and to super-
vise the furnishing of medical treatment to
injured employees which is required under the
Workmen's Compensation Laws of the State of
California.
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3. Prepare and file in the name of THE CITY all
forms, reports and other documents required
under the Workmen's Compensation Laws of the
State of California.
4. Compute and pay all disability benefits due
injured employees, and audit and pay all
medical benefits from funds provided by THE
CITY for these purposes.
5. Maintain all records and statistical data on
losses arising from employee injuries in
accordance with the requirements of the
Department of Industrial Relations, State of
California.
6. Provide monthly a machine tabulated report on
all employee injury claims showing amounts
paid as medical or compensation expense, and
the net reserve on each case.
7. The fees of attorneys, approved by THE SERVICE
AGENT, who appear before the Workmen's Com-
pensation Appeals Board of the State of
California on behalf of THE CITY on account
of injuries to THE CITY's employees shall
be allowed by THE SERVICE AGENT as a charge
against THE SERVICE AGENT's compensation set
out below for the first year of this Agreement.
Thereafter, such legal fees shall be paid
out of THE CITY's Loss Fund Trustee Account.
THE REMUNERATION to be paid under this Agreement to THE SERVICE
AGENT by THE CITY shall be based upon a period commencing April
1, 1974, and shall be calculated and paid to THE SERVICE AGENT
monthly at the rate of Fifteen and Eight/Tenths Cents (15.8~)
per One Hundred Dollars of insurable payroll. THE CITY agrees
to prepare a statement of its earned payroll and premium promptly
at the close of each month and to remit the aforesaid remuneration
to THE SERVICE AGENT with said statement.
THE CITY agrees to permit THE SERVICE AGENT to audit at any
reasonable time THE CITY's payroll developed during the period of
this Agreement.
DEVELOPED ANNUAL PREMIUM shall be calculated by applying to THE
CITY's total insurable California payroll, by classification of
occupations, the rates for Workmen's Compensation Insurance which
are now or may hereafter be established by the Insurance Commis-
sioner of the State of California.
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INSURABLE PAYROLL shall mean total wages, salaries, commissions,
bonuses, and other remunerations paid by THE CITY to its employees,
but excluding "overtime remuneration" as defined in the California
Manual of Rules, Classifications and Basic Rates for Compensation
Insurance, who are covered by the Workmen's Compensation Insurance
Division of the Labor Code of the State of California. Remuneration
paid to corporate officers shall be included only to the extent of,
but not to exceed, Fifteen Thousand Six Hundred Dollars ($15,600)
per annum per officer.
This Agreement shall take effect at 12:01 a.m., April 1,1974, and
shall continue in effect until March 31, 1975, after which date
this Agreement shall continue in effect until cancelled by either
party as hereinafter provided.
This Agreement may be cancelled by either party giving to the other,
in writing, notice of his intention to cancel this Agreement sixty
(60) days prior to any subsequent annual anniversary of April 1.
Services herein contemplated shall cover the operations of THE CITY
in the State of California only.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be signed by their duly authorized officers as of the day and
year first above written.
CITY OF CHULA VISTA
Attest:
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Deputy City Clerk
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Mayor I
R. L. KAUTZ & CO.
Attest:
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President "
By
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