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HomeMy WebLinkAbout2014 CON Claims Management Associates - Liability Claims Adjusting / Risk Management Services - Amendment #4*- CALIFORNIA -e NATION! L CITY `- rRconaroneraro FOURTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This Fourth Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 8th day of June, 2014, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHERAS, a Third Amendment was executed on October 1, 2013 for the period September 7, 2013 through September 6, 2014 WHEREAS, the City now seeks to expand the scope of services of the current agreement to include the development of a Return to Work Program (scope attached). WHEREAS, THE City now seeks to increase the compensation based on the expanded scope by an amount not to exceed $5,000. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment increases the not to exceed compensation for the one year for the time period September 7, 2013 through September 6, 2014 by an amount not to exceed $5,000. 2. This amendment revises the scope of work to include the development of a Return to Work Program. 3. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Fourth Amendment on the date and year first written above. CITY OF NATIONAL CITY INC. By: Ron Morrison, Mayor roved as to form: Claudia ilv City Atto ey CLAIMS MANAGEMENT ASSOCIATES, By: By: Edward Garbo, President L1 r- G�Y j ��C.t ✓� (Print) Edward Garbo, Secretary (Print) Workers' Compensation Risk Management Services Scope of Work January 2014 CMA Provide an analysis of the City of National City Workers' Compensation Program to: ➢ Provide an in depth cost analysis • Improve the efficiency for management, supervisors, and employees ➢ Ensure federal and state compliance Scope to include: • Meet with management to provide departmental analysis of their workers' compensation program costs ➢ Create a return to work policy and implement City-wide D. Create a letter for workers' compensation physicians and return -to -work form Y Create an injury and illness city-wide manual which includes a. Updated instructions and forms (and electronic fillable forms) for supervisors and employees b. Instructions for injuries with and without medical treatment c. Instructions for vehicle accidents with and without medical treatment d. Hazardous Materials instructions e. Blood borne pathogens exposure instructions ➢ Training for supervisors and employees utilizing new protocols and forms Timeline Cost January 2014 - June 2014 $5,000 RESOLUTION NO. 2014 — 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATE, INC., IN THE AMOUNT OF $5,000 FOR WORK RELATED TO THE CITY'S WORKERS' COMPENSATION PROGRAM WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year Agreement with Claims Management Associates, Inc., ("CMA") in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City; and WHEREAS, on September 27, 2011, the City Council adopted Resolution No. 2011-127, approving the First Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on August 22, 2012, the City Council adopted Resolution No. 2012- 179, approving the Second Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on October 1, 2012, the City Council adopted Resolution No. 2013- 144, approving the Third Amendment to the Agreement to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2014; and WHEREAS, the City desires to increase the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., to amend the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. Said Fourth Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 201 j on Morrison, Mayor ATTEST: • 'PROVEDyS TO FORM: Ft.eZze/(A,cl R. Dalla C' Mi y Clerk a Ga•! Silva City Attorne Passed and adopted by the Council of the City of National City, California, on June 17, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 j/t, City Jerk of the Cit6f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-76 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2014 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a fourth amendment to the agreement between the City of National City and Claims Management Associates (CMA) Inc., to increase the total agreement by a not to exceed amount of $5,000 for work related to the City's Workers' Compensation program. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: Under the terms of the current City Council authorized agreement, CMA provides CMA risk services including liability claims adjusting and risk management services at a cost of $4,965 per month. CMA has agreed to expand the current scope of work to include a special project at the request of staff. The scope of work (attached) is intended to provide an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees. FINANCIAL STATEMENT: ACCOUNT NO. 627-417-081-213-0000 ENVIRONMENTAL REVIEW: APPROVED: W'w Zia Finance APPROVED: MIS This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution for a third extension to the agreement with Claims Management Associates for liability claims adjusting and risk management work. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ,mendment to agreement between the City of National City and CMA Scope of Work Council Resolution FOURTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. This Fourth Amendment to the Agreement by and between the City of National City and Claims Management Associates, Inc. is entered into this 8th day of June, 2014, by and between the City of National City and Claims Management Associates, Inc. [Amendment]. RECITALS WHEREAS, the City of National City [City] and Claims Management Associates [CMA], Inc. previously entered into the agreement entitled Agreement by and between the City of National City and Claims Management Associates, Inc. [Agreement], dated September 7, 2010 for liability claims adjusting and risk management services to the City; WHERAS, a Third Amendment was executed on October 1, 2013 for the period September 7, 2013 through September 6, 2014 WHEREAS, the City now seeks to expand the scope of services of the current agreement to include the development of a Return to Work Program (scope attached). WHEREAS, THE City now seeks to increase the compensation based on the expanded scope by an amount not to exceed $5,000. AGREEMENT NOW THEREFORE, the City and CMA agree as follows: 1. This Amendment increases the not to exceed compensation for the one year for the time period September 7, 2013 through September 6, 2014 by an amount not to exceed $5,000. 2. This amendment revises the scope of work to include the development of a Return to Work Program. 3. The parties agree that each and every term of the Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Fourth Amendment on the date and year first written above. CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES, INC. By: By: Ron Morrison, Mayor Approved as to form: Claudia Silva City Attorney QS,A6 Edward Garbo, President (Print) � By; 6�I/ f�;% % 6 " Edward Garbo, Secretary (Print) Workers' Compensation Risk Management Services Scope of Work January 2014 CMA Provide an analysis of the City of National City Workers' Compensation Program to: ➢ Provide an in depth cost analysis ➢ Improve the efficiency for management, supervisors, and employees ➢ Ensure federal and state compliance Scope to include: Meet with management to provide departmental analysis of their workers' compensation program costs `v Create a return to work policy and implement City-wide r Create a letter for workers' compensation physicians and return -to -work form Create an injury and illness city-wide manual which includes a. Updated instructions and forms (and electronic fillable forms) for supervisors and employees b. Instructions for injuries with and without medical treatment c. Instructions for vehicle accidents with and without medical treatment d. Hazardous Materials instructions e. Blood borne pathogens exposure instructions i- Training for supervisors and employees utilizing new protocols and forms Timeline January 2014 - June 2014 Cost RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATE, INC., IN THE AMOUNT OF $5,000 FOR WORK RELATED TO THE CITY'S WORKERS' COMPENSATION PROGRAM WHEREAS, on September 7, 2010, the City Council adopted Resolution No. 2010-205, authorizing a one-year Agreement with Claims Management Associates, Inc., ("CMA") in the amount of $4,965 per month to provide liability claims adjusting and risk management services to the City of National City; and WHEREAS, on September 27, 2011, the City Council adopted Resolution No. 2011-127, approving the First Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on August 22, 2012, the City Council adopted Resolution No. 2012- 179, approving the Second Amendment to the Agreement to extend the term for one additional year under the same terms and conditions; and WHEREAS, on October 1, 2012, the City Council adopted Resolution No. 2013- 144, approving the Third Amendment to the Agreement to extend the Agreement for an additional one-year term under the same terms and conditions, expiring September 6, 2014; and WHEREAS, the City desires to increase the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement between the City of National City and Claims Management Associates, Inc., to amend the scope of services to include an analysis of the City's current Workers' Compensation Plan for the purpose of developing a comprehensive Return to Work Program for injured employees for the not to exceed amount of $5,000. Said Fourth Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk June 24, 2014 Mr. Edward Garbo Claims Management Associates, Inc. 11777 Bernardo Plaza Court, Suite 201 San Diego, CA 92128 Dear Mr. Garbo, On June 17th, 2014, Resolution No. 2014-76 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #4 to an Agreement with Claims Management Associates, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Human Resources Dept.