Loading...
HomeMy WebLinkAbout1986-06-03; City Council; 6645-2; Workers comp claim admin services agreement.. . . a w > 0 x e 2 5 .. z 0 a =! 0 z 3 0 0 4B# 6b45-*2 TITLE: AGREEMENT FOR WORKERS' COMPENSATION CLAIMS HTG. 6-3-86 3EPT. ADMINISTRATION SERVICES PER ICITY MOR..* RECOMMENDED ACTION: That Council apprave Resolution No. FsK authorizing an agrement with Bierly and Associates for Workers' Compensation Claims Administration Sezvices. ITEM EXPLANATION The current contract for workers' canpensation claims service with Bierly and Associates was signed in 3une, 1983, and expires on 3uly 1, 1986. The contract provides for a year to year renewal and an opportunity to propose changes at least 90 days preceding expiration. Initially, the City desired an extension of a year and Bierly desired an increase in charges. The proposed cost changes were submitted prior to the 90 day limit and there was a mutual agrement to extend the contract. The proposed renewal and cost proposals were then reviewed by the City's Risk Manqement Consultant, Mr. Don 3ack, who recanmended the City seek a three (3) year renewal. Associates over the ten of the contract and Mr. Jack's recanmendation, the staff also recanneds a three (3) year renewal. In light of the excellent services provided by Bierly and FISCAL IMPACT The initial contract with Bierly and Associates provided $75.00 per case charge with a yearly maximum mount of $6,000. based upon the Consumer Price Index for San Diego County and presently are $84.19 per claim with an annual maximum of $6,735. The costs of the renewed contract would be $115.00 per claim with a monthly arbitrary billing increased to $1,000 per month. These costs were increased annually EXHIBITS Resolution No. p573' Bierly and Associates letter dated March 13, 1986. Don 3ack's letter dated March 21, 1986. ! .* . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION N0.8575 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT WITH BIERLY AND ASSOCIATES FOR WORKERS ' COMPENSATION CLAIMS ADMINISTRATION SERVICES - WHEREAS, the City of Carlsbad has established a workers' canpensation self- insurance progran; and WHEREAS, as part of this progran the City will require claims administratic services; and WHEREAS, the City has received and evaluated a proposal fran Bierly and Associates to continue to supply such service. NOIV, THEREFORE, RE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the abwe recitations are true and correct. 2. That the agrement between the City of Carlsbad and Bierly and Associates for claims administration semices, attached hereto as Exhibit A is hereby approved. 3. That the City Manager is hereby authorized to sign the agrement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on tl June , 1986, by the following vote, to wit: -- 3rd day of -- AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None .__ n ATTEST: AGR EMEWT FOR WORKERS ' COHPlEWSAT IO N ADMINISTRATION SERVICES , 1986, between -_. THIS AmEEMENT is enteral into this day of BIERLY AND ASSOCIATES, hereinafter called "Bierly" ard the CITY OF CARSBAD, hereinafter called "City". The Parties agree as follows: I. The period of this Agreement shall be fran 3uly 1, 1986 through June 30, 1989. 11. Rierly shall perform the following semices on behalf of the City: A. PROGRAM DEVELOPENT 1. Consult with the City's personnnel and assist in developing the necessary procedures, prstices and coordination to implement the City's Self-Insured Progran ad to meet the legal requirements of the State. 2. personnel involved directly or indirectly in the processitq of industrial injury cases. Conduct, or assist in conducting, orientation meetings for the City's 3. statutes, rules and regulations affecting the City's responsibility under a 1 eg a1 1 y un ins UT ed Workers ' Can pe nsa t io n Pr ogr an. Prwide the City with information on charges or proposed charges in 4. Review with the City's representatives progran progress, including identification of problem areas and recanmerd solutions thereto. 5. Establish procedures and necessary documentation to provide for the payment of benefits, medical costs, legal fees and other related costs to enzble either the City or Bierly to issue checks to cwer such expenditures . B. CLAIMS ADMINISTRATION 1. Maintain all City's open and closed claim files, log books and other records. Claims information shall be inputted in Bierly's canputer system and included in reports hereafter described. 2. Review and process all claims for Workers' compensation benefits in accordance with the requirenents of the Industrial Relations Department for reporting ad notification. 3. Determine the canpensability of claimed injuries and illnesses in accordance with the State's Workers' Compensation law. 4. Detenine eligibility for authorized payments of medical benefits and autbrize examinations to determine the nature and extent of disability when appropriate. C. 5. disability canpensation in coordination with medical advice and rehabilitation efforts. Determine eligibility for and authorize payment of temporary 6. workers utUizing as necessary aixl desireable, advisory ratings of the Permanent Disability Rating Burem. Determine the degree of pennanent disability, if any, of injured 7. benefits in accordance with advisory ratings, orders of the Workers' Compensation Appeals Board, or Compranise and Release settlements. Authorize the payment of permanent disability canpensation and death 8. attorneys, utilizing an agreed listing of legal fins. Assist in the preparation of litigated cases, negotiations of Compranise and Release settlements and subrogation actions. Where necessary, and with apprwal of City, refer litigated cases to 9. related expenses on each case. Maintain current estimates of costs of all anticipated benefits and 10. Investigate or arrarge for investigation of, as necessary and appropriate, questiondle cases and the status of disabled employees in order to adjsut all cases and to assist in the trial or settlement of litigated cases. 11. that no claims examiner will be required to hardle more than 200 open indemnity cases at any one the. Assure that sufficient numbers of claims personnel are available so 12. Protect City's interests in all third party cases herwer indicated, including filing of subrogation clahs, and liens here appropriate, with approval of City. 13. of all claims which may exceed City's retention ad maintain records and effect collection on all cases wherein City is entitled to reimbursement for a losss in excess of its retention. Notify City's Excess Reinsurance Carrier on behalf of the self-insurer MEDICAL CONTROL 1. Develop and recanmend to the City a panel of physicians, dentists, chiropractors and other practitioners for the treatment of injured employees and recanmend a panel of such specialists as may be required for lorg-tern or other disabilities requiring special treatment. 2. Monitor treatment prograns for injured employees including the rwiew of all "Doctor's First Report of Work Injury" to ensure that the treatment is related to a canpensable injury or illness. 3. Maintain close liaisn with treating physicians to ensure that employees receive proper care and to avoid over-treatment situations. 4. Consult with the Cty's personnel and provide guidance and evaluations of the physical capabilities of injured employees to rehrrn to mrk. D. E. 5. Recanmend and assist in the development of medical standards and health requirements for the City's occupational classifications. EMPLOYEE SERVICES 1. Provide information and guidance to the City's employees regarding Workers' Comensation benefits, inquiries on specific injuries and permanent disabilities ratings in accordance with the City's policies. 2. Assist in resolving employee problems related to an industrial injury or illness in noplitigated cases. 3. injured employees for apprwal by the City, the employee, and other agencies to prwide rehabilitation, retraining or reassignment for employees with physical or performance limitations resulting fran When medically appropriate, develop rehzbilitation prograns for industrial injuries. 4. Consult with employee groups and cnions on problem cases in accordance with the City's policies within a reasonable scope. 5. Develop and recanmend policies and procedures to insure that the employee's ability to work is consistent with the findings of the Workers' Compensation Appeals Board. FISCAL ANALYSIS 1. Prwide the City's administration with continuing infonation on the progress of individual claims and the effectiveness of safety and other cost control prqrans on Workers' Canpensation claims. 2. Submit monthly statistical sunmaries and narrative reports to assist in the evaluation of the City's progran. 3.. Provide periodic projections of cash flow and actuarial projections of annual incurred costs. 4. Prwide a quarterly narrative status report on all major claims with a total expected cost of Ten Thousand Dollars ($10,000) or more. Such report shall also identify those cases/claims believed to involve legal expense in excess of One Thousand Dollars ($1,000). 5. Provide canputer and mangement assistance services to penit filing for reimbursement of State Mandated Costs under Senate Bill 90 with respect to Workers' Compensation benefits and expenses. Said services shall include the provision of a breakdown under both Methoc I and Method I1 of the State Instructions. I II. INSURANCE A. Agreement, Workers' Canpensation Insurance as required by law. Bierly agrees to maintain in force at all times during the tan of this 6. Agrement, Professional Liability Insurance in the amount of One Million Dollars ($1,000,000) which shall provide coverage for any damages or losses suffered by City as the result of any error or omission or neglect by Bierly which arises out of the professional services required by this Agrement. Bierly agrees to maintain in force at all times during the ten of this C. Agreement fidelity Insurance in an amount not less than $1,000,000. Fidelity insurance shall cover all officers and employees of Bierly. Bierly agrees to maintain in force at all times during the ten of this Said D. cancelled or reduced by the insurance carrier without City having been qiven forty-five (45) days prior written notice thereof by such carrier. Bierly agrees that it will not cancel or reduce said insurance coverage. Insurance policies shall provide that the insurance coverage shall not be E. file with the City Clerk of City a certificate of the insurance carrier or carriers showing that the aforesaid policies are in effect in the mounts abwe prwided, and that the policies cannot be cancelled or reduced except on forty- five (45) days notice to City. compensation under this Agreement until such certificate or certificates are filed with the City Clerk. At all times during the tern of this Agrement, Bierly shall maintain on Bierly shall not have the right to receive IV. RENEWAL OF AGREEMENT After the initial contract period this Agreement may be renewed fran year to year by mutual consent, prwided, however, that any proposed revisions in the Agreement by either party must be submitted in writing no later than 90 days preceding the expiration date of the contract. V. TERMINATION OF AGREEMENT After the first nine (9) months, either party may terminate the Agrement or any renewal by submitting to the other party in writing its intent to teminate.at lest 60 days prior to the date of termination. Bierly shall not be required to perform any of its services beyond the date of tenination. VI. FEES Subject to a maximum anrual fee of Fourteen Thousand Three Hundred Seventy Five Dollars ($14,375.00) the City shall pay the sun of One Hundred Fifteen Dollars ($115) for each employee claiming Workers' Compensation benefits as a result of any one accident occurring during the first year this Agrement is in effect. Said amounts shall be adjusted on 3uly 1, 1987 and again on 3uly 1, 1988 in accordance with the 3une San Diego Consumer Price Index for all urban consumers and said adjusted amounts shall apply during the second and third year of this Agreement respectively. - Payment shall be made monthly canmencing August 1, 1986, at an estimated monthly rate of $1,000. The 3uly 1 billing each year shall reflect any adjustment based on the number of claims recorded on Bierly's statistical run, as lnay be agreed by City. previous service agent. Bierly will recieve no fee for administration of claims reported to .... The preceding fees shall include all services under this Agreement except for payments made by Bierly on the City's behalf for medical, disability, other benefits or allocated loss expenses. Allocated Loss Expenses shall mean all Workers' Compensation Appeals Board or court costs, fees and expenses; fees for service of process; fees to attorneys; fees of independent adjusters or salaried employees of Bierly; the cost of employing experts for the purpose of preparing maps, photographs, diagrans, chemical or physical questions; the cost of copies of transcripts of testimony at coroner's inquests or private records; the cost of depositions and court reporter or recorded statements, and any similar costs or expenses properly chargeable to the defense of a particular claim or to the protection of the subrogation rights of the City - provided however, that any of the &we services performed by salaried employees of Bierly shall not be considered alocateed expenses. service fees. Allocated Loss Expenses are not included in the Bierly VII. ADDITIONAL CONDITIONS A. Bierly agrees to indemnify, hold haxmless and defend City, its City Council and each member thereof, and every officer and employee of City fran any and all liability or financial loss resulting fran any suits, claims losses or actions brought against and fran all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly fran the wroqful or negligent acts of Bierly, its officers, agents, or employees vrt\ile ergages in the performance of this Agrement. B. While performing services hereunder, Bierly is an independent contractor and not an officer, agent or employee of the City. C. written consent of the other party. 0. now or in the future are deemed to be the practice of law. Neither party shall assign this Agrement or any part thereof without the The services to be perfoned by Bierly shall specifically exclude any *ich E. pertaining to the City's claims shall be the property of the City ard shall be delivered to the City or its designee by Bierly upon termination of this Agrement. Bierly shall also prcrvide cmputer tapes containing canputerized data pertainiq to the City and its claims, together with the format thereof upon such termination. All claim files, records reports and other documents and material I' 1986, in the City of Carlsbad, - day of - ------’ Executed this California. City of Carlsbad, a knicipal Corporation of the State of California ATTEST: - ALE TTL. RAWIR ANz ,- 7.imFd-- BIERLY AND ASSOCIATES Apprcrved as to fonn: --Y- VINCENT F. BIONDO~F., city Attorney Mr. Jerry Pieti Director of Personnel CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 91008 Bl ERLY AND Amc SELF INSURANCE ADMINISTRATON March 13, 1986 Dear Mr. Pieti: As always, it was a pleasure to talk to you on March 12, 1986. At your request, the following are the list of changes which I propose for your workers' compensation claims administration for the upcoming year. In reviewing your contract I see two basic changes which need to be made for the upcoming fiscal year: (1) Increasing the cap on the number of claims used to compute the maximum workers' compensation fee (2) Raising the per claim fee charge. The major with the current administration contract is the cap in computing the maximum administration fee. Under the current contract the cap is set at 80 claims. Beginning last year and continuing on this year your claims volume has risen dramatically. You are now averaging between 110 and 115 workers' compensation claims per year. With your increased hiring and the expansion of your City, I fully expect that trend to continue. Therefore, in order to protection ourselves I feel that cap should be raised to a maximum number of claims of 125 claims. Our current contract was signed three years ago and the beginning per claim charge was $75 per claim. After two years of increases based on the Consumer Price Index, the claim fee is now $84.13 per claim. This figure is not only well below our normal per claim charge but well below the going rate for claims administra- tion charges in San Diego County. Currently in San Diego County the administration firms are charging anywhere between $130 and $160 per claim. Because we have developed such an outstanding working relationship over the last three years, and our staff is already familiar with your existing case load, I am willing to offer you a per claim charge of $115 per claim. The monthly arbitrary billing wou'd be increased to $1,000.00 per month. DENY G A5SOCIAlES. INC.. 1631 HWNGTON DNM. SOURI PPSAMN4 WFORNlA 9l1030 (818) 441 -3151 Jerry Pieti City of Carlsbad March 13, 1986 Page Two After you have had an opportunity to review this letter, I would certainly be glad to talk to you and answer any questions you may have about the proposed fee increase and the rationale behind it. Sincerely, BIERLY AND ASSOCIATES BRUCE L. MILLER Vice President BLM/ ag cc: Leslie Renney Branch Manager - San Diego OlENY G ASXXATES. INC.. 1631 HUNTINGTON DPM. SOU" PASADENA CALIFORNIA 91030 (818) 441-3151 March 21, 1986 TO : RUTH FLETCHER, Risk Management Coordinator FROM: Don 3ack, Risk Management Consultant WORKERS' COUPENSATION ADUINISTRATION I have reviewed the proposal submitted by Bierly and Associates in their letter of March 13, 1986, relating to 3uly Ist renewal of their contract for workers compensation administration service. When we originally engaged the services of Bierly and Associates three years ago, for various reasons we were able to negotiate an extremely favorable contract. satisfactory, and I believe their renewal proposal is extremely fair. I understand that the services they have provided have been extremely Recently I was involved in interviewing a number of workers compensation administrators for services for the Long Beach Unified School District. The charges quoted per claim ranged from a low of $110.00 to over $150.00. I do not believe that any firm could profitably provide the services which the City needs for less than the proposed charge of $115. number of claims must be increased to meet the growing frequency of City accidents. In addition, obviously the maximum Since I am recommending acceptance of their proposal, I believe we should ask for one thing in return, and I would suggest we require a further three year contract at the new rate. This would avoid further changes, and the need to go annually to City Council for contract approval. DON 3ACK Risk Management Consultant 03: tc