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HomeMy WebLinkAbout6322RESOLUTION NO. 6322 A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT WORKER'S COMPENSATION CONSULTANT BETWEEN THE CITY OF PUEBLO AND STEEL CITY AGENCIES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Professional Services Contract Worker's Compensation Consultant between the City of Pueblo and Steel City Agencies, Inc., dated January 1, 1989, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is hereby authorized and directed to execute the Contract on behalf of Pueblo, a Municipal Corporation and the City Clerk shall attest same. INTRODUCED: January 23, 1989 ATTEST: C ty lerk B SAMUEL CORSENTINO Councilman APPROVED: Pr sident 'of the City Council PROFESSIONAL SERVICES CONTRACT WORKER'S COMPENSATION CONSULTANT BETWEEN THE CITY OF PUEBLO AND STEEL CITY AGENCIES, INC. THIS AGREEMENT is made as of the first day of January, 1999, by and between the City of Pueblo, a municipal corporation, hereinafter called "Pueblo" or "the City," and Steel City Agencies, Inc., a Colorado corporation, hereinafter generally called "SCA ". 1. SERVICE AGREEMENT SCA shall provide to the City and the City shall pay for worker's compensation program and benefits consultation in accordance with the terms of this agreement. 2. TERM The term of this agreement shall begin January 1, 1999 and shall continue through December 31, 1999. The City may terminate this agreement upon 60 days written notice to SCA. SCA may withdraw from this agreement upon 60 days written notice to the City. 3. SCOPE OF SERVICES The services to be provided by SCA under this agreement shall be the following: A. TECHNICAL WORKER'S COMPENSATION QUESTIONS Answer questions from City Manager and Director of Personnel relating to technical worker's compensation program and benefit's issues and questions and respond in writing if deemed appropriate. B. SAFETY MEETINGS Conduct safety meetings in conjunction with risk management meetings to assist in development and maintenance of a compre— hensive program for employee safety. C. CIRSA /WC POOL MEETINGS Represent the City of Pueblo at all CIRSA /WC pool meetings as the City's designated representative. D. LOSS EVALUATION Review and evaluate not less than six times per year open and paid worker's compensation claims and reserves as to frequency and severity by specific departments with Director of Personnel and at request with the City Manager. E. INCENTIVE PLAN Assist in the development of a plan that would provide incen— tives to City departments and employees if worker's compensa— tion claims are reduced. 4. COOPERATION OF CITY The City shall cooperate with SCA in carrying out SCA`s functions under this agreement. 5. FEES SCA shall receive a monthly fee of $833.33 for each month during the term of this agreement. Such fee shall be payable within fifteen (15) days after the end of the month for which the ser— vices were provided. The monthly fee for any partial month at the beginning or end of this agreement shall be pro —rated based on the 30 —day month. 6. COMMISSIONS SCA shall not receive commissions from any insurance company or others on insurance purchased for the City while this agree— ment is in effect. All commissions otherwise payable to SCA shall be paid over to the City. SCA shall make an annual account— ing to the City of insurance purchased through SCA for the City, if any, showing premiums and commissions earned. 7. NO INSURANCE SCA is not an insurance company. No insurance is to be provided by SCA and no insurance is included in the fee set for services under this agreement. 8. KEY PERSONNEL It is understood by the parties that the City is relying on the availability of Ralph Williams, Bret Kelly and Don Learned of SCA. If any two of these persons cease to be active and avail— able to supervise the services contemplated by this agreement, the City shall have a right to terminate this agreement upon ten (10) days notice to SCA. 9. DUTY OF SCA SCA shall carry out their its obligations under this agreement diligently, in good faith and in a professional manner. It is understood by the parties that the City and not SCA will continue to have control of their employees and activities of city government. 10. NOTICES Any notices sent under this agreement shall be sent by certi— fied mail, return receipt requested, to: Steel City Agencies, Inc. P.O. Box 4316 Pueblo, CO 81003 -0316 City of Pueblo City Manager i City Hall Place Pueblo, CO 81003 11.COMPLETE AGREEMENT, CONSTRUCTION This agreement contains the complete agreement between the parties and shall be amended only by a writing signed by all parties. However, as an agreement for professional services, it cannot contain every detail of the continuing professional relationship between the parties; thus, it should be imple— mented and construed broadly to achieve the intent of the parties as reflected in the agreement. All words shall be given their common and ordinary meanings unless the context otherwise requires. The singular includes the plural and words of one sex include other sexes, as the context may suggest. Captions are finding aids only and are not to be used in the construction of the agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties on the day and date first set forth. ATTEST: C ty Clerk APPROVED AS TO FORM: City Attorney CITY OF PUEBLO a Municipal Corporation by President, City Council STEEL C I T Y AGENCIES, INC. a Colorado corporation / �' b / / ar 4dn t A TTEST Secretary