Res 1910 1/18/1977i
RESOLUTION NO. /V
RESOLUTION APPROVING CONTRACT WITH INDUSTRIAL
FOUNDATION OF THE SOUTH CONCERNING FURNISHING
OF WORKMEN'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 here-
to, between the City of Wichita Falls and Industrial Foundation
of the South, providing for the furnishing of workmen' s com-
pensation 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 18th day of January, 1977.
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A Y O R
ATTEST:
A J t eeL--J_./.
City Clerk
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THE STATESTATE OF TEXAS
O'
COUNTY OF WICHITA
WHEREAS, the City Council of the City of Wichita Fails , Texas
authorized establishment of a self-administered, self-insured plan to
meet its statutory responsibility under the Workmen' 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 workmen'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 workmen' 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.O. 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 inconsideration of the sum of Eighteen Hundred
Dollars ($1 ,800.00) to be paid to I.F.S. on or before the effective date
of this contract, I . F.S. covenants and agrees:
A. That it shall faithfully maintain accurate records of
workmen's compensation claims and lawsuits filed in county and parish
courts located in Texa , 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 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 ($3.00) 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 ;
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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
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, 1977, and ending on
the 31st day of January, 1978.
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, 1978, 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 calculatede by determining the
number of days from the date of termination to January 31 , 1978, and
dividing said number by the number of days from February 1 , 1977, to
January 31 , 1978.
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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 herby 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.
1.1 Irwhen:y'I .F.S. warrants that all informationrifurnished 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 subcontractor,
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
agreements, whether oral or in writing, between said parties pertaining
to such services are hereby terminated and canceled 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 27th day of January A.D. 1977.
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CITY OF WICHITA FALLS
ATTEST:
City Manager .
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City Clerk
APPROVED AS TO FORM AND LEGALITY :
IP/
City Attorne Y
INDUSTRIAL FOUNDATION OF
THE SOUTH
By ( " - ,2
1.
Pres,(dent
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