Res 012-83 1/18/1983RESOLUTION NO. /J
RESOLUTION APPROVING CONTRACT WITH EMPLOYERS'
INFORMATION SERVICE TO PROVIDE ESSENTIAL IN-
FORMATION CONCERNING WORKERS' COMPENSATION
CLAIMS FOR SCREENING EMPLOYEE APPLICANTS
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Employers' Information
Service, providing for the furnishing of essential information
concerning Workers' Compensation Claims to screen employee appli-
cants, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 18th day of January, 1983.
MAYOR PRO TEM
ATTEST:
I
I 14
City Clerk
THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the City Council of the City of Wichita Falls, Texas authorized
establishment of a self-administered, self-insured plan to meet its statutory
responsibility under the Workers' Compensation Act; and
WHEREAS, The City of Wichita Falls desires to reduce the cost of its self-
insurance plan by screening its employee applicants through the use of essential
information concerning workers' compensation claims and lawsuits involving the
employee applicants; and,
WHEREAS, the Employer's Information Service, a non-profit organization,
keeps current records of workers' compensation claims and lawsuits filed in
county and parish courts located in Texas, Louisiana, Mississippi, New Mexico
and Oklahoma, and in Federal Courts located throughout the Gulf Coast States and
extending as far north as St. Louis, Missouri;
NOW, THEREFORE
KNOW ALL MEN BY THESE PRESENTS:
That the City of Wichita Falls, acting herein by and through its duly
authorized Acting City Manager, Dane J. Bennett, hereinafter called "City", and
Employer's Information Service, a non-profit organization with its general
office located at P. O. Box 1457, Gretna, Louisiana 70053, acting herein by
and through its duly authorized President, H. J. Robinson, hereinafter called
E.I.S. ", in consideration of the terms, mutual covenants and conditions herein
contained, do hereby agree as follows:
I.
That for and in consideration of the sum of Two Thousand One Hundred Twelve
Dollars ($2,112) to be paid to E.I.S. on or before the effective date of the
contract, E.I.S. covenants and agrees:
A. That it shall faithfully maintain accurate records of workers' compensa-
tion claims and lawsuits filed in county and parish courts located in Texas,
Louisiana, Mississippi, New Mexico, and Oklahoma, and in the federal courts located
throughout the Gulf Coast States and extending as far north as St. Louis, Missouri.
B. That E.I.S. shall furnish to the City from such records of employee
termination reports and employee injury reports pertaining to each person who
is a City employee on the effective date of this contract;
C. That E.I.S. shall furnish to City from such records, at City's inquiry,
employee termination reports and employee injury reports pertaining to each person
who is an applicant for City employment during the term of this agreement. It is
understood and agreed that if the number of inquiries pertaining to applicants
for City employment exceeds six hundred (600) in total number, City shall pay to
E.I.S. the amount of Three Dollars and Fifty Five Cents ($3.55) for each additional
inquiry.
D. That the employee termination reports furnished to City shall include,
but not be limited to the following information:
1. Employee's name;
2. Employee's social security number (if possible) ;
3. Date of employment;
4. Date of termination;
5. Nature and date of employee' s injuries (if any) and
6. Whether employer would or would not rehire the employee
if available) ;
E. That the employee injury reports furnished to City shall include, but
not be limited to the following information:
1. Plaintiff's name;
2. Plaintiff's social security number (if possible) ;
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3. Insurance carrier or employer;
4. Injury or disability alleged or sustained;
5. Plaintiff's and defendant's attorneys;
6. Filing date of case;
7. Case number;
8. County or parish wherein case was filed; and
9. Disposition or settlement of the case (if available) ;
F. That it is estimated that the number of persons covered by E.I.S.
records will increase at a rate of 4,000 or 5,000 per month during the term
of this agreement; and that as such coverage increases, additional informa-
tion received by E.I.S. concerning City employees and applicants for City
employment shall be made available upon request to City:
G. That at its sole expense, E.I.S. shall furnish to City a WATS
telephone line which will enable City to call E.I.S. by direct dialing at
no cost to City for the purpose of obtaining the reports described herein-
above; and that said reports will be furnished to City within a matter of
seconds while the City remains on the telephone, with the exception of
communication problems beyond the control of E.I.S.
II.
The terms of this contract and agreement shall be for a period of one (1)
year beginning on the 1st day of February 1983 and ending on the 31st day of
January, 1984.
III.
The contract and agreement may be terminated by either party upon at
least thirty (30) days written notice. Such notice shall be sufficient if
mailed to the other party's last known address.
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IV.
In the event this contract and agreement is terminated for any reason
before the 31st day of January, 1984, E.I.S. shall refund to City a percent
of the total consideration paid to E.I.S. as provided in Paragraph I hereof,
said percent to be calculated by determining the number of days from the
date of termination to January 31, 1984, and dividing said number by the
number of days from February 1, 1983, to January 31, 1984.
V.
E.I.S. shall not act as an agent, representative, servant or employee
of the City of Wichita Falls as to all rights and privileges granted here-
under, that E.I.S. shall have exclusive control of and the exclusive right
to control the details of its operations hereunder and shall be solely
responsible for the acts and omissions of its members, officers, agents,
representatives, servants, employees, contractors and subcontractors, that
the doctrine of respondent superior shall not apply as between City and E.I.S. ,
its members, officers, agents, representatives, employees, contractors or
subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between City and E.I.S. , its members,
officers, agents, representatives, employees, contractors or subcontractors.
VI.
E.I.S. covenants and agrees to, and does hereby indemnify, hold harm-
less and defend City, its officers, agents, representatives and employees,
from and against any and all claims or suits for damages or injuries to
persons (including death) or damages to property, of whatsoever kind or
character, whether real or asserted, arising out of, or in connection with
the execution, performance or attempted performance of this contract and
agreement but E.I.S. does not indemnity the City against a suit, loss or
damages arising as a result of the City's negligence.
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E.I.S. warrants that all information when furnished to City by E.I.S.
is accurate and up to date, and E.I.S. hereby covenants and agrees to
indemnity and defend the City, its officers, agents and employees from
and against any and all claims or suits for damages or injuries arising
out of or in connection with furnishing the City with inaccurate or outdated
information; and E.I.S. further agrees to indemnify and make whole the City
for any and all damages sustained by City as a result of or in connection with
furnishing the City with inaccurate or outdated information.
VII.
If E.I.S. , as a charitable or a non-profit organization, association, cor-
poration, entity or otherwise, has or claims as immunity or exemption (statutory
or otherwise) from and against liability for claims or suits for damages, E.I.S.
hereby expressly waives its rights to plead defensively such immunity or
exemption as against City.
VIII.
E.I.S. shall comply with all laws, federal, state and local including all
ordinances, regulations and requirements of the City of Wichita Falls, It is
agreed and understood that if City calls the attention of E.I.S. to any such
violation on the part of E.I.S. , or any member, officer, agent, representative,
employee, contractor, or subcontractor, then E.I.S. shall immediately desist
from and correct such violation.
IX.
E.I.S. shall not assign this agreement without prior written consent of
the City, and any attempted assignment without prior written consent of the
City shall be void.
X,
In the event E.I.S. fails to comply with or breaches any of the terms,
conditions and covenants of this agreement, or for any other reason deemed
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necessary by the City Manager or his duly authorized representative, City
shall have the right to declare this agreement terminated without written
notice to E.I.S. , but shall forthwith advise E.I.S. in writing of such election
to terminate.
E.I.S. covenants and agrees that should any action whether real or
asserted, at law or in equity, arise out of the terms of this agreement
between the parties hereto, venue for said action shall lie in Wichita
County, Texas.
XII.
E.I.S. and City mutually covenant and agree that this writing constitutes
the sole and only agreement between E.I.S. and City pertaining to the Services
to be performed by E.I.S. . Any and all previous agreements, whether oral or
in writing, between said parties pertaining to such services are hereby
terminated and cancelled and declared to be of no further force and effect.
No prior or contemporaneous written or oral agreement of any nature exists
to alter or modify the terms of this agreement.
EXECUTED at Wichita Falls, Wichita County, Texas, in multiple originals,
this eighteenth day of January A.D. 1983.
CITY OF WICHITA FALLS
By l
City Manager
ATTEST:
frve,
City Clerk
APPROVED AS TO FORM AND LEGALITY:
EMPLOYE ' FO0•• ION SERVICE
1%; _ ... .,J BY A I / ._f.
amity Attorney / dr President