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Resolution No. 94021 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 NO. 9402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES BY AND BETWEEN THE CITY OF VERNON AND ADMINSURE, INC. (FORMERLY COLEN & LEE) AND AMENDING RESOLUTION NO. 5333 REGARDING WORKERS' COMPENSATION INSURANCE TRUST ACCOUNT FOR THE ADMINISTRATION OF THE CITY OF VERNON WORKERS' COMPENSATION SELF-INSURANCE PROGRAM WHEREAS, the City of Vernon is self -insured in its workers' compensation program; and WHEREAS, on August 21, 1990, the City Council of the City of Vernon adopted Resolution No. 5791 approving a Workers' Compensation Self -Insurance Service Agreement with Colen & Lee, Inc. ("Colen"), the City's administrator for the workers' compensation self-insurance program; and WHEREAS, on October 7, 1986, the City Council of the City of Vernon adopted Resolution No. 5333 authorizing Colen to establish a City of Vernon Workers' Compensation Trust Account (the "Account") with First Interstate Bank and authorizing the execution of checks or other instruments necessary for the administration of the City of Vernon workers' compensation self-insurance program; and WHEREAS, since the inception of the Account, First Interstate, Bank merged with Wells Fargo Bank, and thereafter the City moved the Account to Bank of America; and WHEREAS, the City Council of the City of Vernon desires to iratify the actions taken in establishing the Account at Bank of America; and WHEREAS, effective September 1, 2007, Colen will begin doing 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 1 27 business under the name AdminSure, Inc., ("AdminSure") and has filed a fictitious name statement for Colen so that it can legally continue to do business under that name for a transition period; and WHEREAS, the City Council of the City of Vernon desires (a) to ratify the actions taken in establishing the Account at Bank of America; (b) to approve an Amendment to Agreement for Workers' Compensation Claims Administration Services evidencing the change of name from Colen to AdminSure; and (c) to amend Resolution No. 5333 to authorize modifications to the Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby (finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the actions taken in the establishment of the Account at Bank of America including, but not limited, to the execution of any account agreement, facsimile signature authorization form or deposit account documentation signature card. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment to Agreement for Workers' Compensation Claims Administration Services with AdminSure, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Amendment with AdminSure for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. - 2 - 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 SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed Amendment to: Colen & Lee Attention: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 SECTION 6: The City Council of the City of Vernon hereby amends Resolution No. 5333 to select and designate Bank of America as the depository of funds of the City of Vernon for accounts established and maintained in the name of the City and that all checks, drafts, orders, receipts, and other instruments drawn, accepted, authorize, or given by the City of Vernon for payment from any such accounts or at such office be signed on behalf of the City of Vernon by the following named persons: Gary Lee, President - AdminSure, Inc., Administrators Alithia Vargas -Flores, Vice President - AdminSure, Inc., Administrators SECTION 7: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute such documents and to take such actions as may be necessary or convenient to carry out the City's obligations hereunder and to effect the purposes of the Amendment and the transactions therein authorized. SECTION 8: The provisions of Resolution No. 5333 not consistent with or in conflict with this resolution are hereby repealed; in all other respects, Resolution No. 5333 shall remain in full force and effect. - 3 - 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 SECTION 9: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 4th day of September, 2007. AT EST: MA UELA GIRO , ity Clerk Name: Leonis C. Malburg Title: Mayor / - 4 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9402, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. t MANUELA GIRON, City Clerk (SEAL) - 5 - EXHIBIT AMENDMENT TO AGREEMENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES The City of Vernon, hereinafter referred to as the "Client," and AdminSure, Inc. (Colen & Lee), herein referred to as the "Administrator," hereinafter collectively referred to as the "Parties," previously entered into a Workers' Compensation Self -Insurance Service Agreement for Workers' Compensation Claims Administration Services ("Agreement") on September 4, 1990. WHEREAS, the parties are desirous of amending said Agreement to reflect Administrator's new business name. NOW, THEREFORE, the Agreement is hereby amended as follows: The Administrator is now named AdminSure, Inc. The Secretary of State and the State of California's Department of Industrial Relations/Self-Insurance Plans recognize the name change. All other provisions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, this Amendment to Workers' Compensation Self - Insurance Service Agreement for Workers' Compensation Claims Administration Services is entered into this day of , 2007. CITY OF VERNON: Title: Mayor / Mayor Pro-Tem ATTEST: LOW Manuela Giron, City Clerk APPROVED AS TO FORM: Jeff A. Harrison, City Attorney ADMINSURE, INC.: Alithia Vargas -Flores, Vice President ADMINSURE, INC.: Gary Lee, President SUPPORTING DOCUMENTS 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 12, 2007 AdminSure, Inc. (Formerly Colen & Lee) Attn: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 Re: Workers' Compensation Claims Administration Services Amendment Dear Ms. Vargas -Flores: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on September 4, 2007, through Resolution No. 9402. If you have any questions regarding this matter, please call Mr. Willard Yamaguchi, at (323) 583-8811 ext. 175. NG:dr c: Willard Yamaguchi Resolution No. 9402 Agreement No. 07-092 ­_1 ery truly yours, �Ne ' ly G City Clerk Excfusivefy Industriaf AMENDMENT TO AGREEMENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES The City of Vernon, hereinafter referred to as the "Client," and AdminSure, Inc. (Colen & Lee), herein referred to as the "Administrator," hereinafter collectively referred to as the "Parties," previously entered into a Workers' Compensation Self -Insurance Service Agreement for Workers' Compensation Claims Administration Services ("Agreement") on September 4, 1990. WHEREAS, the parties are desirous of amending said Agreement to reflect Administrator's new business name. NOW, THEREFORE, the Agreement is hereby amended as follows: The Administrator is now named AdminSure, Inc. The Secretary of State and the State of California's Department of Industrial Relations/Self-Insurance Plans recognize the name change. All other provisions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, this Amendment to Workers' Compensation Self - Insurance Service Agreement for Workers' CMnpensation Claims Administration Services is entered into this %%T�f day o �a1 �2, , 2007. CITY OF VERNON: ADMINSURE, INC.: ByBy to s C. Mal bur , Mayo Alithia Vargas -Flores, Vice President ADMINSURE, INC.: By ro)o/� a � � Gary Vee, Presi t fT TEST: x, MANUELA GIRON, it fferk 1 � ,I I I• i i/% W SON, City Attorney 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 NO. 9402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES BY AND BETWEEN THE CITY OF VERNON AND ADMINSURE, INC. (FORMERLY COLEN & LEE) AND AMENDING RESOLUTION NO. 5333 REGARDING WORKERS' COMPENSATION INSURANCE TRUST ACCOUNT FOR THE ADMINISTRATION OF THE CITY OF VERNON WORKERS' COMPENSATION SELF-INSURANCE PROGRAM WHEREAS, the City of Vernon is self -insured in its workers' compensation program; and WHEREAS, on August 21, 1990, the City Council of the City of Vernon adopted Resolution No. 5791 approving a Workers' Compensation Self -Insurance Service Agreement with Colen & Lee, Inc. ("Colen"), the City's administrator for the workers' compensation self-insurance program; and WHEREAS, on October 7, 1986, the City Council of the City of Vernon adopted Resolution No. 5333 authorizing Colen to establish a City of Vernon Workers' Compensation Trust Account (the "Account") with First Interstate Bank and authorizing the execution of checks or other instruments necessary for the administration of the City of Vernon workers' compensation self-insurance program; and WHEREAS, since the inception of the Account, First Interstate (Bank merged with Wells Fargo Bank, and thereafter the City moved the Account to Bank of America; and WHEREAS, the City Council of the City of Vernon desires to ratify the actions taken in establishing the Account at Bank of lAmerica; and WHEREAS, effective September 1, 2007, Colen will begin doing 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 business under the name AdminSure, Inc., ("AdminSure") and has filed a fictitious name statement for Colen so that it can legally continue to do business under that name for a transition period; and WHEREAS, the City Council of the City of Vernon desires (a) to ratify the actions taken in establishing the Account at Bank of America; (b) to approve an Amendment to Agreement for Workers' Compensation Claims Administration Services evidencing the change of name from Colen to AdminSure; and (c) to amend Resolution No. 5333 to authorize modifications to the Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the actions taken in the establishment of the Account at Bank of America including, but not limited, to the execution of any account agreement, facsimile signature authorization form or deposit account documentation signature card. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment to Agreement for Workers' Compensation Claims Administration Services with AdminSure, in substantially the same form Ias the copy which is attached hereto as Exhibit A and incorporated by Ireference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Amendment with AdminSure for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. - 2 - 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 SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed Amendment to: Colen & Lee Attention: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 SECTION 6: The City Council of the City of Vernon hereby amends Resolution No. 5333 to select and designate Bank of America as the depository of funds of the City of Vernon for accounts established and maintained in the name of the City and that all checks, drafts, orders, receipts, and other instruments drawn, accepted, authorize, or given by the City of Vernon for payment from any such accounts or at such office be signed on behalf of the City of Vernon by the following named persons: Gary Lee, President - AdminSure, Inc., Administrators Alithia Vargas -Flores, Vice President - AdminSure, Inc., Administrators SECTION 7: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute such documents and to take such actions as may be necessary or convenient to carry out the City's obligations hereunder and to effect the purposes of the Amendment and the transactions therein authorized. SECTION 8: The provisions of Resolution No. 5333 not consistent with or in conflict with this resolution are hereby repealed; in all other respects, Resolution No. 5333 shall remain in full force and effect. - 3 - 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 SECTION 9: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 4th day of September, 2007. ATTEST: MANUELA GIRON, City Clerk Name: Leonis C. Malbura Title: Mayor / r ro- - 4 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9402, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) r if 4 L--111A &&g z MANUELA GIRON, City Clerk - 5 -