Res 055-92 4/7/1992RESOLUTION NO. t),,,
A RESOLUTION OF THE CITY OF WICHITA FALLS
AUTHORIZING AN INTERLOCAL COOPERATION
AGREEMENT WITH THE CITY OF ELECTRA TO
ADMINISTER THE CITY OF ELECTRA' 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 Electra, pursuant to the
Interlocal Cooperation Agreement Act, to administer the City of
Electra' 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 the 7th day of April, 1992.
A Y O
ATTEST:
City Clerk
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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 Electra,
Texas , a municipal corporation located in Wichita County, Texas,
acting by and through its duly authorized City Manager, 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 Electra,
Electra" ) Texas, desire to enter into a contract to provide for
the administration of the City of Electra' 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 Electra agree as follows:
1. SERVICES TO BE PERFORMED. The City shall perform for
Electra the following services:
1. Provide administrative services required for:
a. Injury reporting,
b. TWCC reporting,
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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 Electra
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
Electra location.
12. Conduct monthly safety inspections, and follow-up
on reported safety rule violations.
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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. Electra 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.
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4. SERVICES TO BE PERFORMED/ELECTRA. Electra shall
perform the following services:
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 Electra 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
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terminate this contract by giving the other party at least ninety
90 ) days ' written advance notice of its intent to do so. If
mutually agreeable between the parties, this agreement may be
terminated after the expiration of thirty ( 30 ) days.
6. INDEMNIFICATION. The City of Electra 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 Electra.
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 Electra,
or, as designated in writing by Electra, or to such persons as
required by law. Upon termination of this Agreement, City shall
deliver to Electra, 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, Electra
agrees to pay all costs incurred by City in providing such
information and records, including, but not limited to, the costs
of programming, computer changes and mailing. If additional
information is requested by Electra subsequent to the termination
of this Agreement, City shall take reasonable steps to provide
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such information, and Electra agrees to pay all costs incurred by
City in providing such information, including, 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 Electra.
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 Electra shall have
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any liability to the other for a failure of performance resulting
from any cause beyond its control.
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 Electra' s.
CITY OF ELECTRA, TEXAS CITY OF WICHITA FALLS, TEXAS
By: By:
City Manager City Manager
ATTEST: ATTEST:
City Clerk City Clerk
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