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Res 049-92 3/17/1992RESOLUTION NO. //f-4/J-2 A RESOLUTION OF THE CITY OF WICHITA FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF IOWA PARK TO ADMINISTER THE CITY OF IOWA PARK'S WORKERS' COMPENSATION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager be and is hereby authorized to execute an agreement with the City of Iowa Park, pursuant to the Interlocal Cooperation Agreement Act, to administer the City of Iowa Park's Workers' Compensation Program in accordance with the terms and conditions of the contract document, the same attached hereto and made a part of this resolution for all purposes. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed is open to the public as required by law. PASSED AND APPROVED this /7-1//day of /P!{.k.6li/ 1992. M A Y O R ATTEST: City C erk Page 2 of 9 Page Agenda Item No. STATE OF TEXAS COUNTY OF WICHITA § This agreement, made and entered into this day of 1992, by and between the City of Iowa Park, Texas, a municipal corporation located in Wichita County, Texas, acting by and through its duly authorized City Administrator, and the City of Wichita Falls, Texas, a municipal corporation located in Wichita County, Texas, acting by and through its duly authorized City Manager, WITNESSETH: WHEREAS, the City of Wichita Falls and the City of Iowa Park, ( "Iowa Park") Texas, desire to enter into a contract to provide for the administration of the City of Iowa Park's Workers' Compensation Program by the City of Wichita Falls City" ) ; and, WHEREAS, such an agreement is authorized under Chapter 791, Government Code (Interlocal Cooperation Act) . NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, the City of Wichita Falls and the City of Iowa Park agree as follows: 1. SERVICES TO BE PERFORMED. The City shall perform for Iowa Park the following services: 1. Provide administrative services required for: a. Injury reporting, Page 3 of 9 Agenda Item No. 2 b. TWCC reporting, c. Processing requests for weekly workers ' compensation checks, d. Processing requests for health care provider' s bills. e. Claims and Case Management through review and screening of health care provider's invoices to assure accuracy, reasonableness and necessity. 2. Provide mandatory financial reports. 3. Administer pre-authorization procedures and provide documentation of pre-authorization. 4. Maintain open lines of communication with Iowa Park staff, injured employees and health care providers. 5. Provide administrative investigation of claims. 6. Provide advisory service applicable to modified duties and reasonable accommodation process for injured employees. 7. Maintain up-to-date data base and reporting system of claims and claim changes. 8. Conduct home visits of injured employees. 9. Provide monthly management status reports on claims, injuries and settlements. 10. Provide quarterly management reports on injuries claimed and settlements. 11. Conduct monthly safety officer's meeting at Iowa Park location. 12. Conduct monthly safety inspections, and follow-up on reported safety rule violations. 4 9 1 1f 3 13 . Conduct monthly Accident/Incident Review Board meetings. 14. Prepare follow-up reporting documentation. 15. Prepare training and arrange for distribution of quarterly training flyer. 16. Prepare annual umbrella/reinsurance bid specifications. 17. Conduct bid process and provide recommended acceptance of bids. 18. Provide representation before the Workers' Compensation Commission on cases where coverage is denied. 2. FACILITIES AND PERSONNEL. City shall maintain the facilities and personnel necessary to provide the services to be performed under this contract. 3 . FEES. Iowa Park agrees to pay,from its current revenues, to the City for the services provided under this contract the following amounts: a. A one-time installation fee of Five Hundred 500.00) Dollars, payable upon the execution of this agreement. b. An annual processing fee of Ten Thousand 10,000.00) Dollars, payable upon the execution of this agreement. The annual processing fee in the subsequent years shall be in an amount mutually agreeable to both parties. 4. SERVICES TO BE PERFORM/IOWA PARR. Iowa Park shall perform the following services: it 5 9 Ngelnaaa 4 1. Create a self-funded pool and provide a risk funded pool to pay administrative fees, investigative fees, claims and settlements. Maintain a bank account in an amount sufficient for processing checks for payment of fees, claims and settlements. 2. Provide annual certified funded audit. 3. Provide daily employee census and employment status. 4. Provide data required for injury and TWCC reporting in a timely manner. 5. Provide fees for investigators for a special investigation of claims if the Chief Executive Officer of the City of Iowa Park determines them necessary. 6. Provide legal services if a workers ' compensation claimant's case goes into litigation. 7. Establish and maintain safe work environment policies, procedures and practices. 8. Provide payment processing for claims, medical bills and settlements. 5. TERM. The term of this agreement shall be for a period of one (1) year commencing and ending and shall be automatically renewed for successive one ( 1) year periods unless terminated as hereinafter provided. Either party shall have the right to terminate this contract by giving the other party at least ninety 90) days ' written advance notice of its intent to do so. If Page 6 9 aage Agenda Item No 5 mutually agreeable between the parties, this agreement may be terminated after the expiration of thirty ( 30) days. 6. INDEMNIFICATION. The City of Iowa Park agrees to indemnify and hold harmless the City against any expense, loss, claim, or judgment, including reasonable attorney's fees, arising out of or resulting from City's performance of its services hereunder, where City has adhered to the framework of policies, interpretation, rules, practices, and procedures made or established by Iowa Park. 7. BOOKS AND RECORDS. City shall maintain all records pertaining to the services to be performed by it hereunder. City shall disclose the information in such records only to Iowa Park, or, as designated in writing by -Iowa Park, or to such persons as required by law. Upon termination of this Agreement, City shall deliver to Iowa Park, upon written request within a time period mutually agreeable, but in no event greater than six (6) months from the date of termination, all files and documents for the two 2) years immediately preceding the termination of this Agreement. If such documents or files are so requested, Iowa Park agrees to pay all costs incurred by City in providing such information and records, including, but not limited to, the costs of programing, computer changes and mailing. If additional information is requested by Iowa Park subsequent to the termination of this Agreement, City shall take reasonable steps to provide such information, and Iowa Park agrees to pay all costs incurred by City in providing such information, including, 7 9 Pages 6 but not limited to, the costs of programming, computer changes and mailing. City shall be entitled to retain copies of all such records at its own expense. 8. INDEPENDENT CONTRACTOR. It is understood and agreed by the parties hereto that City is engaged to perform under this Agreement as an independent contractor. 9. ASSIGNMENTS. City shall not assign nor delegate to any other person or entity the duties, obligations or responsibilities imposed upon it by this Agreement without the prior written approval of Iowa Park. 10. ENTIRE AGREEMENT; AMENDMENTS. This Agreement, including the exhibits hereto and any amendments hereto, contains the entire agreement between the parties, and all prior proposals, discussions and writings by and between the parties and related to the subject matter hereof are superseded hereby. This Agreement may be modified or amended only pursuant to a written instrument executed by both parties hereto. 11. INVALIDITY. If any provision of this Agreement or any portion thereof is declared invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect. 12. FORCE MAJEURE. Notwithstanding any provision of this Agreement to the contrary, neither City nor Iowa Park shall have any liability to the other for a failure of performance resulting from any cause beyond its control. 8 9 Pages E3I:! tei1i Vt - 1 7 13. SERVICES. The City's responsibility in the areas of claims payment, settlement or denial is advisory only and the final decision of any claim shall be Iowa Park's. CITY OF IOWA PARK, TEXAS CITY OF WICHITA FALLS, TEXAS By: By: City Administrator City Manager ATTEST: ATTEST: City Clerk City Clerk e<Page 9 of 9 Pg g Agenda Item No.