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Res 012-82 1/19/1982f RESOLUTION NO. C-? 2./ RESOLUTION APPROVING CONTRACT WITH EM- PLOYERS ' INFORMATION SERVICE TO PROVIDE ESSENTIAL INFORMATION 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 applicants , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 19th day of January, 1982 . AAAY O R ATTEST : City Clerk i': _ .,,.f, ;, 7= L FICE Date THE STATE OF TEXAS 2 8y ,c- 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 asnd 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 autho- rized City Manager, Stuart A. Bach, hereinafter called "City", and Employer's Information Service, a non-profit organization with its general office located at P. 0. 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 con- tract, 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 States and extending as far north as St. Louis, Missouri. B. 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. C. 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) ; D. 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) 3. Insurance carrier or employer; 4. Injury or disability alleged or sustained; 2- 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); E. That it is estimated that the number of persons covered by E.I.S. records will increase at a rate of 4,000 to 5,000 per month during the term of this agree- ment; and that as such coverage increases, additional information received by E.I.S. concerning City employees and applicants for City employment shall be made available upon request to City; F. 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 hereinabove; 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 term of this contract and agreement shall be for a period of one (1) year beginning on the 1st day of February 1982 and ending on the 31st day of January, 1983. 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. IV. In the event this contract and agreement is terminated for any reason before the 31st day of January, 1983, 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 3- calculated by determining the number of days from the date of termination to Jan- uary 31 , 1983, and dividing said number by the number of days from February 1, 1982, to January 31, 1983. 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 hereunder; 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, repre- sentatives, 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 subcon- tractors. VI. E .I.S. covenants and agrees to, and does hereby indemnify, hold harmless 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, or whatsoever kind or character, whether real or asserted, arising out of, or in connection with the execution, performance or attempted per- formance of this contract and agreement but E.I.S. does not indemnify the City against a suit, loss or damages arising as a result of the City's negligence. 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 indemnify 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 4- 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, corpora- tion, 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, con- tractor, 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, condi- tions and covenants of this agreement, or for any other reason deemed 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. 5- XI. E.I.S. covenants and agrees that should any action whether real or asserted, of this agreement between the partiesatlaworinequity, arise out of the terms o g Pqy, 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 cancel- led 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 v2 day of u7 A.D. 1982. j City Manager ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: cit. Att. ey EMPLOYERS'S INFORMATION SERVICE By Adp Ar •I,a L`. • President