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Home My WebLink AboutAgenda Report - January 19, 1983 (40)APPROVAL OF CONTRACT WITH ESIS FOR ADMINISTRATION OF THE CITY'S WORKERS COMPENSATION PROGRAM (1/1/83-1/1/83) Following introduction of the matter by Staff, Council, on motion of Councilman Pinkerton, Snider second , approved the renewal of the Contract with ESIS for the administration of the City's Workers Compensation Program from 1/1/83 to 7i and authorized the Mayor and City Clerk to execute the Agree- ment on behalf of the City. h 01 One Embarcadcro Center Sw1e 810 San Francisco CA 94111 1415) 954 4376 January 10, 1983 Mr. Jerry Glenn Assistant City Manager City of Lodi PO Box 320 Lodi, CA. 95241 Dear Mr. Glenn: This will confirm our telephone conversations in which acceptance of a six month contract with ESIS was finalized. I am sending for signature two copies of the ESIS contract for the first six months of 1983. Please return one copy of the signed contract to me retaining,the other for your own records. ESIS is looking forward to providing you with excellent service during the next contract period. Should there be any problems with the contract please do not hesitate to call me at (415) 954-4378. Very truly yours, Jim DysI Account Manager JD/jf Rak Managwrrnt Senrictis .... Worldwide An INA Corporation CompoW ESIS INC c I CLAIMS SERME CONTL %tT OCCURRENCE (NOT AN INSURANCE POLICY) r� SERVICE CONTRACT NO. 569 Specific Conditions CONTRACT PERIOD: This Agreemer.( is effective on the lst day of January , 19 _$3____ and termir►p.tes on the lat day of _July '19 83 . SitY of I Qdi i0ieno 221 Neat Pine Street 1 Addressl T1111L. Crlifamia 952117 hereinafter called the "CLIENT " and ESIS, INC. a California Corporation, with an office at #1 IInbarcadero Center. SZtite 810, San Francisco. CA. 94111 hereinafter called "ESIS," do hereby agree to the following terms and conditions: 1. This contract covers operations of the CLIENT in the State(s) of: California 2. This contract applies to the following type(s) of claims: Workers' QgMM.Etim 3. (a) Except in the limited circumstances described in 3 (b) below, you agree that for claims reported to ESIS under this contract, you will pay ESIS the W*~ of: (i) Claim Transaction. Fees on a per claim basis as follows: MCdJqAJ Only $ . 25 per claim for each of the first 23 claims and $ _ 25 per claim for each claim in excess of the first ---2.1- claims. Statutory $ _. 336, per claim for each of the first ��_ claims and S 343 per claim for each claim in excess of the first claims. or (ii) a Minimum Contract Fee of S 4.271 1b) In the event that prior to the end of the contract per stated above you cancel this contract with cause or we cancel this contract without cause, then you agree that for claims reported to ESIS under this contract you will pay ESIS Claims Transaction Fees on a per claim basis as follows: Medical Only $ 25 per claim for each of the first 23 claims and $ 25 pe: claim for each claim in excess of the first 23 claims. Siatutoxv $ 336 per claim for each of the first 11 claims and $ 346 per claim for each claim in excess of the first 11 claims. (c) The entire Minimum Contract Fee must be deposited with ESIS no later than 1/1/83 When the number of claims reported to ESIS multiplied by the Claim Transaction Fees described above exceeds the Minimum Contract Fee, ESIS will commence billing you for additional Claims Transaction Fees on a per claim basis. Such additional fees must be paid to ESIS within 10 days after the billing date. Id) In or disputes involving multiple parties claiming a right to recovery from the CLIENT, for purposes of calculating total Claims Transaction Fees, a Claim Transaction Fee shall be charged for each individual claim, ex- cept that the additional assertion by individuals of their rights as dependents or as the legal representative of the same injured or deceased individual shall not be deemed to constitute an additional claim for purposes of deter- mining total Claim Transaction Fees. E1 -18M hdAnU.S.A. 10CCURRENCEbaedcontract$ 4. CLIENT will make for__4% available to ESIS for allocated loss expen, Und claim payments and claim settlements as follows: To maintain a S21. SOQ claim-tjd det2osit t)alance 5. Failure by you to pay ESIS Claims Transaction Fees or the Minimum Contract Fee as required or to maintain the required claim fund or any other breach of this contract by you shall give ESIS the right to refuse to handle pend- ing claims to conclusion and to refuse to handle any new claims including but not limited to tate reported claims. If ESiS elects to exercise its rights under this paragraph 5, in addition to all other legal remedies, we will have the right to charge a full claim transaction fee for each pending claim and any excess monies in your claim fund may be retained by ESIS and set off against your indebtedness to ESIS so long as the amount of the excess retained does not exceed the total amount of your indebtedness to ESiS. 6. CLIENT hereby gives ESIS Discretionary Settlement Authority up to and including: $ StatUtOrV limits and $5.000 lucro sum authority. __, 7. ESIS will provide statistical reporting or processing services as followsClai! tLfund recap lossdetail send loss MjgMrv��3ts ttmthly Notwithstanding the provision of such services by ESIS, it shall be solely your responsibility to determine whether and when claims handled on your behalf and allocated loss expenses incurred on your behalf under this contract amount to or exceed or are likely to amount to or exceed any aggregate limitation with which you are concerned or interested or by which you are bound. 8. Your claim tiles will be destroyed according to the following procedure: qeQ tached schedule 9. The General Conditions (ESIS Form No. Ei-18371) are made a part hereof as though fully set out herein. 10. tat This contract is for a period commencing January 1 , t9 83 and ending July 1 _ , 19 83 (b) ESIS and CLIENT agree, however, that unless one of them gives notice to the other in writing received at least 60 days in advance of the end of the contract period or unless the contract is cancelled by ESIS or CLIENT as pro- vided for in Section IV of the General Conditions, then this contract will be automatically renewed for a new con- tract period equal in duration to the contract period described in (a) above, commending on the last day of the contract period set forth in (a) above. 11. No handwritten or typed amendments to this contract are enforceable unless initialled by all parties to the con- tract. ADDITIONAL CONDITIONS AND AGREEMENTS IN WITNESS WHEREOF, the parties have caused this contract to be executed in their behalf by the undersigned duty authorized persons. Signed this day of of (CLIENT) By Fred M. Reid Mayor ITitlel Attest: Alice M. Reimche City Clerk , 19 in the County , State of ESIS, INC. By U P�'t Z_ ITitle) U � . Y"COUNCIL HENRY A. CLAVES, Jr. !` r CI Maoatw fRkP,'h tAlD. Ma•,or . CITY OF LO I ALICE M. WIMCHE RO ERT G. MURlHY, City Clerk Mgym Pre ?,spore EVELYN M. OLSON JAMES W. PINKERTON, It. JOHN R. (Randy) SNIDER Mr. Jim Dyson Account Manager ESIS One Embarcadero Center Suite 810 San Francisco, CA 94111 CITY HAIL, 221 WEST PIN[ STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209) 3345634 January 25, 1983 RONALD M. STEIN City Attorney Dear Mr. Dyson: Pursuant to your January 10, 1983 letter enclosed herewith, please find a fully executed copy of Service Contract No. 569 covering the first 6 months of 1983, which contract was approved by the Lodi City Council at its regular meeting of January 19, 1983. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, ?r�. Al ce M. Reimche City Clerk � :jj