Res 2270 1/2/1979RESOLUTION NO. jo6Y
RESOLUTION APPROVING CONTRACT WITH INDUSTRIAL
FOUNDATION OF THE SOUTH CONCERNING FURNISHING
OF WORKER'S COMPENSATION CLAIMS INFORMATION.
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 Industrial Foundation of
the South, providing for the furnishing of worker's compensation
claims information, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the o'1t6 day of January, 1979.
r
T
MAYOR
ATTEST:
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 Worker' s 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 worker's compensation claims
and lawsuits involving the employee applicants; and,
WHEREAS, the Industrial Foundation of the South, a non-profit
organization, keeps current records of worker's 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 ; and,
WHEREAS, these current records cover more than 400,000 persons
and are continuing to grow in coverage at a rate of 4,000 to 5,000 records
per month; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That the City of Wichita Falls, acting herein by and through
its duly authorized City Manager, Gerald G. Fox, hereinafter called "City,"
and Industrial Foundation of the South, 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 "I.F.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 Nineteen Hundred
Eighty Dollars ($1 ,980) to be paid to I.F.S. on or before the effective date
of the contract, I .F.S. covenants and agrees:
A. That it shall faithfully maintain accurate records of
worker's compensation 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 , and covering
at least 400,000 persons;
B. That I.F.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 I .F.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 I.F.S. the amount of
Three Dollars and Thirty Cents ($3.30) 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) ;
3. Insurance carrier or employer;
4. Injury or disability alleged or sustained;
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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
I.F.S. records will increase at a rate of 4,000 to 5,000 per month during
the term of this agreement; and that as such coverage increases, additional
information received by I. F.S. concerning City employees and applicants for
City employment shall be made available upon request to City;
G. That at its sole expense, I.F.S. shall furnish to City a
WATS telephone line which will enable City to call I .F.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 I.F.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, 1979, and ending on
the 31st day of January, 1980.
III.
This 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, 1980, I.F.S. shall refund to City
a percent of the total consideration paid to I. F.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 , 1980, and
dividing said number by the number of days from February 1 , 1979, to
January 31 , 1980.
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V.
I .F.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 I.F.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 I.F.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 I .F.S. , its members, officers, agents, representatives, employees,
contractors or subcontractors.
VI .
I.F.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 performance
of this contract and agreement but I .F.S. does not indemnify the City
against a suit, loss or damages arising as a result of the City's
negligence.
I .F.S. warrants that all information when furnished to City
by I.F.S. is accurate and up to date, and I .F.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 furnishing the City with
inaccurate or outdated information; and I.F.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.
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VII.
If I.F.S. , as a charitable or a non-profit organization,
association, corporation, entity or otherwise, has or claims an immunity
or exemption (statutory or otherwise) from and against liability for
claims or suits for damages, I.F.S. hereby expressly waives its rights
to plead defensively such immunity or exemption as against City.
VIII.
I.F.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 I.F.S. to any such violation on the part of I.F.S. , or any
member, officer, agent, representative, employee, contractor, or sub-
contractor, then I.F.S. shall immediately desist from and correct such
violation.
IX.
I.F.S. shall not assign this agreement without prior written
consent of the City, and any attempted assignment without such prior
written consent of the City shall be void.
X.
In the event I .F.S. fails to comply with or breaches any of
the terms, conditions 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 I. F.S. , but shall forthwith advise
I.F.S. in writing of such election to terminate.
XI.
I.F.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.
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XII .
I.F.S. and City mutually covenant and agree that this writing
constitutes the sole and only agreement •between I.F.S. and City pertaining
to the services to be performed by I.F.S. . Any and all previous agree-
ments, 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 day of A.D. 1979.
CITY OF WICHITA FALLS
By
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney
INDUSTRIAL FOUNDATION OF THE SOUTH
By _ A !(1- c
re 'dent
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