HomeMy WebLinkAboutContract 36591 (2)CITY SECRETARY
CONTRACT NO
AGREEMENT FOR CARRIER REPRESENTATIVE SERVICES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement ("Agreement") is made and entered into by and between the CITY OF
FORT WORTH, Texas, a municipal corporation situated in Tarrant, Wise, and Denton
Counties, Texas (hereinafter referred to as "CITY") acting by and through Karen L.
Montgomery, its duly authorized Assistant City Manager and the Law Office of RICKY D.
GREEN (hereinafter referred to as "CARRIER REP") acting by and through its principal,
Ricky D. Green who is duly authorized to act. CITY and CARRIER REP may be referred
to herein individually as a "party" and collectively as the "parties". The term CITY shall
include its officers, agents, employees, or authorized representatives.
In consideration of the mutual covenants and provisions contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree, and by the execution hereof are bound, to the mutual
obligations herein contained and to the performance of the tasks hereinafter described.
1
Agreement for Carrier Representative Services
I
Law Offices of Ricky D. Green and City of Fort Worth 02-01-0 g P03 : p 9 I N
SCOPE OF SERVICES
As CITY's designated Texas Department of Insurance ("TDI"), Division of Workers'
Compensation ("DWC") Carrier Representative, CARRIER Rep agrees to perform
the following services:
1.1 Carrier's Austin Representative - Serve as CITY's designated Austin Carrier
Representative in accordance with Title 28, Texas Administrative Code,
Chapter 156.
1.2 DWC Mail Service - Daily pick-up and delivery of mail to and from DWC on
behalf of CITY and CITY's contracted third party claims administrator ("TPA").
Receive and sign for mail, date stamp, sort and electronically transmit mail to
designated CITY and TPA representatives.
1.3 Filings and Special Requests - Assist CITY and TPA with proper completion
of required filings and responding to special requests from TDI/DWC, such as:
data calls; specific claim information requests; certified copies of claim files;
requesting extensions of time if needed; obtaining date -stamped confirmation
of filings.
1.4 Communications with DWC - Coordinate communications between DWC,
CITY and the TPA. Request private meetings with DWC leaders to address
substantive concerns of CITY.
1.5 Meetings and Hearings - Attend TDI/DWC public hearings, committee
meetings, stakeholder or focus group meetings, and conferences. Inform CITY
of proceedings, especially proposed and adopted rules changes and legislative
changes.
1.6 Newsletter Service - Publish a newsletter or bulletins on important workers'
compensation issues; forward TDI/DWC bulletins, newsletters, news releases
electronically to CITY representatives.
1.7 Continuing Education - Provide continuing education courses approved by
TDI for claims adjusters on a variety of pertinent topics.
1.8 Legislative Tracking - Monitor and track all workers' compensation legislation
filed in the Texas Legislature, Attend Committee Hearings in both the House
and Senate on important legislation. Send regular bulletins that discu§s-414e-
v
OF,V �72
1
nature and status of each bill and an analysis of the potential impact of the bill
on the Texas Workers' Compensation System to CITY.
1.9 Compliance /Audit Review - Review Plain Language Notices filed by the TPA
for sufficiency. Work with CITY and TPA in responding to TDI/DWC
performance reviews and audits.
1.10 Website Resources - Provide CITY representatives access to CARRIER
REP's website for pertinent, timely TDI/DWC and Texas workers'
compensation system information.
2 LICENSES AND CERTIFICATIONS
2.1 CARRIER REP warrants and certifies that CARRIER REP and any other
person designated to provide services hereunder has the requisite training,
license and/or certification to provide said service. The City reserves the right
to decline or remove any employee that is not acceptable to the City or that is
not performing his or her duties to the satisfaction of the City.
3 TERM AND RENEWAL
3.1 This Agreement shall commence on January 1, 2008 and shall be for a period
of one (1) year ending on December 31, 2008, with one option to renew for an
additional one year period.
4 AMENDMENT
4.1 This Agreement, together with its exhibits, if any, shall constitute the full and
final agreement between the parties hereto.
4.2 Except where the terms of this Agreement provide otherwise, any amendment
to this Agreement shall not be binding on the parties unless such amendment
be in writing, executed by both CITY and CARRIER REP.
4.3 It is understood and agreed by the parties hereto that changes in local, state
and federal rules, regulations or laws applicable hereto may occur during the
term of this Agreement and that any such changes, unless either party objects
in writing, shall be automatically incorporated into this Agreement without
written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
5 TERMINATION
5.1 At any time, either Party may terminate this Agreement with thirty (30) days
wrAlten notice to the non -terminating Party.
6 PAYMENT FOR SERVICES
6.1 CARRIER REP shall invoice the CITY for services to be provided on a monthly
basis.
6.2 The total of all payments and obligations made and incurred by CITY
hereunder, in consideration for services rendered by CARRIER REP, shall not
exceed the amount of Five Thousand One Hundred Dollars and no cents
($5,100.00) annually or during any Renewal Term.
6.3 Payments to CARRIER REP shall be in the amount shown by the invoices and
other documentation submitted in accordance with subsection 4.2 and shall be
subject to CITY's approval. All services shall be performed to CITY's
satisfaction, and CITY shall not be liable for any payment under this Agreement
for services which are unsatisfactory or which CITY has not approved.
Ageement for Carrier Representative Services
Law Offices of Ricky D. Green and City of Fort Worth
6A CITY shall not be obligated or liable under this Agreement to any party other
than CARRIER REP for payment of any monies or provision of any goods or
services.
7 CONFIDENTIALITY
7.1 No reports, information, project evaluation, project designs, data or any other
documentation developed by, given to, prepared by, or assembled by
CARRIER REP under this Agreement shall be disclosed or made available to
any individual or organization by CARRIER REP without the express prior
written approval of CITY. In the event CARRIER REP receives any such
request, CARRIER REP shall forward such request to CITY immediately.
7.2 CARRIER REP shall establish a method to secure the confidentiality of records
and information that CARRIER REP may have access to in accordance with
the applicable federal, state, and local laws, rules and regulations. If
unauthorized disclosure of or access to confidential information has occurred,
or if CARRIER REP reasonably believes unauthorized disclosure of or access
to confidential information has occurred, CARRIER REP shall immediately
notify the City in writing of such disclosure. This provision shall not be
construed as limiting CITY's right of access to records or other information
under this Agreement.
8 OWNERSHIP OF DOCUMENTS
8.1 All reports, information and other data provided by, prepared or assembled by
or on behalf of CARRIER REP under this Agreement in whatsoever form and
character produced shall become the sole property of CITY without restriction
on future use.
8.2 All such reports, information or data shall be delivered to CITY upon
termination or expiration of this Agreement, at CARRIER REP's sole cost and
expense.
8.3 No such report, information nor data shall be the subject of any copyright or
proprietary claim by CARRIER REP.
9 SUBCONTRACTING
9.1 Any work or services submitted by CARRIER REP shall be by written
Agreement, and unless specific waiver is granted in writing by CITY, shall be
subject to its terms to each and every provision of this Agreement. CARRIER
REP shall not sub -contract any services under this agreement without the
expressed written consent of CITY.
9.2 CITY shall in no event be obligated to any third party for performance of
services or payment of fees.
10 INSURANCE /INDEMNITY:
10.1 The CARRIER REP shall obtain and maintain insurance in the following
minimum amounts as stated below prior to beginning services under this
Agreement:
a) Workers' Compensation - Statutory
b) Professional Liability / Errors and Omissions-$1,000,000 per occurrence /
$1,000,000 aggregate
c) Automobile - $1,000,000 single limit, or
$250,000 Bodily injury per person
Agreement for Carrier Representative Services Page 3 of 7
Law Offices of Ricky D. Green and City of Fort Worth
$5003000 Bodily injury per accident
$100,000 Property Damage
The City shall be listed as an additional insured where its interests may appear.
10.2 CARRIER REP shall indemnify and hold the City and its officers, agents and
employees harmless from any loss or damages caused by CARRIER REP, its
officers, agents, employees or subcontractors, which may arise out of any
negligent acts, errors or omissions in the performance of this Agreement.
CARRIER REP shall defend at its own expense, any suits or other proceedings
brought against the City, its officers, agents and employees, or any of them,
resulting from such negligent acts, errors or omissions; and shall pay all expenses
and satisfy all judgments which may be incurred by or rendered against them or
any of them in connection therewith resulting from such acts, errors or omissions.
11 INDEPENDENT CONTRACTOR
11.1 It is expressly understood and agreed by the parties hereto that CARRIER
REP provides services under this Agreement as an independent contractor
responsible for its respective acts or omissions, and that CITY shall in no way
be responsible therefore. Neither party hereto has authority to bind the other or
to hold out to third parties that it has authority to bind the other.
12 COMPLIANCE
12.1 CARRIER REP shall provide and perform all services under this Agreement in
compliance with all applicable federal, state and local laws, rules and
regulations.
13 CONFLICT OF INTEREST
13.1 CARRIER REP warrants and certifies, and this Agreement is made in reliance
thereon, that it, its individual officers, employees and agents are neither officers
nor employees of CITY or any CITY agencies, such as CITY -owned utilities.
14 NOTICE
14.1 Any notice required, permitted or appropriate under this Agreement shall be
deemed sufficient if in writing and sent certified mail, return receipt requested,
postage prepaid, to CITY or CARRIER REP at the respective address set forth
below, or to any other address of which written notice of changes is given:
If to CITY
CITY of Fort Worth
If to CARRIER REP
Ricky D. Green
The Law Office of Ricky D. Green
9600 Escarpment Blvd, #745-52
Austin, TX 78749
15 SUCCESSORS AND ASSIGNS � ;�' ?f,;i' I .���J�'��
15.1 This Agreement shall be binding upon and inure to the benefit Hof ,fh4; party �,`r��
hereto and their respective heirs, executors, administrators, succeg8prs
their assigns, however, CARRIER REP may not assign or otherwis6 1r600$r V5c�1e
Agreement for Carrier Representative Services Page 4 of 7
Law Offices of Ricky D. Green and City of Fort Worth
any of its interest in this Agreement without prior written consent of CITY in
accordance with Section 18,
16 VENUE AND GOVERNING LAW
16.1 Venue for any legal action, claim or dispute arising directly or indirectly as a
result of this Agreement shall be in Tarrant County, Texas. This Agreement is
made and is to be performed in Tarrant County, Texas and is governed by the
laws of the State of Texas.
17 AUTHORITY
17.1 The signer of this Agreement for CARRIER REP represents and warrants that
he has full legal authority to execute this Agreement on behalf of CARRIER
REP and to bind CARRIER REP to the terms and conditions contained herein,
and this Agreement is made in reliance thereon.
18 SEVERABILITY
18.1 If any clause or provision of this Agreement is held invalid, illegal or
unenforceable under present or future laws during the term of this Agreement,
including any extension and renewal hereof, it is the intention of the parties
hereto that the remainder of the Agreement shall not be affected hereby, and
that in lieu of each invalid clause or provision of this Agreement, a clause or
provision as similar in terms to such illegal, invalid or unenforceable clause or
provision as may be possible shall be drafted to comply with all applicable laws
and shall replace the clause or provision held invalid, illegal or unenforceable.
19 RIGHT TO AUDIT
19.1 CARRIER REP agrees that CITY shall, during the Initial term and any Renewal
Term, and until the expiration of three (3) years after final payment under this
Agreement, and at no additional cost to CITY, have access to and the right to
examine any directly pertinent books, documents, papers and records of the
CARRIER REP involving transactions relating to this Agreement. CARRIER
REP agrees that CITY shall have access during normal working hours to all
necessary CARRIER REP facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the
provisions of this section. CITY shall give CARRIER REP reasonable advance
notice of intended audits. If CARRIER REP subcontracts any of its obligations
under this Agreement, subcontractor shall be bound by the same rights, duties
and obligations of the CARRIER REP under this provision.
20 ATTORNEY'S FEES
20.1 In the event a claim is brought pursuant to this Agreement, CITY shall be
entitled to recover reasonable attorneys fees from CARRIER REP.
21 WAIVER OF RIGHT
21.1 The CITY and CARRIER REP may waive an obligation or restriction upon the
other under this Agreement only in writing. No failure, refusal, neglect, delay,
forbearance or omission of the CITY or CARRIER REP to exercise any right or
remedy under this Agreement or to insist upon full compliance by the other with
its obligation hereunder shall constitute a waiver of any provisions(s) of the
Agreement.
Agreement for Carrier Representative Services
Law Offices of Ricky D. Green and City of Fort Worth
Page 5 of 7
22 FORCE MAJEURE
22A It is expressly understood and agreed by the Parties that if the performance of
any obligations hereunder is delayed by reason of war; civil commotion; acts of
God; inclement weather; governmental restrictions, regulations, or
interferences; fires; strikes; lockouts, national disasters; riots; material or
national labor restrictions; national transportation problems; or any other
circumstances which are reasonably beyond the control of the party obligated
or permitted under the terms of this Agreement to do or perform the same,
regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the time
period applicable to such obligation shall be extended for a period of time equal
to the period such party was delayed. However, such party shall resume
performance under this Agreement as soon as reasonably possibly after the
delay is remedied.
23 ENTIRE AGREEMENT
23.1 Agreement, together with its authorizing action and attached exhibits, if any,
embodies the final and entire agreement of the parties hereto, superseding all
oral or written previous and contemporary arguments between the parties and
relating to matters in this Agreement. No other agreements, oral or otherwise
regarding the matters of this Agreement shall be deemed to exist or to bind the
parties unless same is executed in accordance with Section 4.
24 CAPTIONS
24.1 The captions and headings contained in this Agreement are for convenience
and reference only, and shall in no way limit or enlarge the terms and
conditions of this Agreement.
[Signature Page Follows]
Agreement for Carrier Representative Services
Law Offices of Ricky D. Green and City of Fort Worth
Page 6 of 7
EXECUTED this the Opday of 200 '3' .
CITY OF FORT WORTH, TEXAS
Karen L. Montgomery
Assistant City Manager / CFO
)ate: I la 1/0 !
APPROVED AS TO FORM
AND LEGALITY:
LAW OFFICE OF RICKY D. GREEN
Ricky D. Green
ATTEST:
Maleshia Farmer Marty Hendrix ZS �
Assistant City ttor e City Secre r
,j
Date: Date:
RECOMMENDED FOR APPROVAL:
Karen Marshall �
Human Resources D r ctor
Date:/ `* ( /d
Agreement for Carrier Representative Services Page 7 of 7
Law Offices of Ricky D. Green and City of Fort Worth