The URL can be used to link to this page

Home My WebLink AboutContract 58005 CSC No. 58005 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is entered into and effective as of the latest date signed below (the "Effective Date") by and between TML Multistate Intergovernmental Employee Benefits Pool d/b/a TML Health Benefits Pool("TML Health"),and City of Fort Worth ("Fort Worth") pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, for the purpose of furthering the administrative functions of public employers through comprehensive healthcare, dental, and vision benefits coverage,in addition to other employee benefits and related services.TML Health and Fort Worth are each referred to herein as a "Party" and collectively as the "Parties." RECITALS WHEREAS, pursuant to Chapter 172 of the Texas Local Government Code, political subdivisions may enter into an interlocal agreement under Chapter 791 of the Texas Government Code to provide health coverage for officials, employees, retirees, and dependents; and WHEREAS, TML Health is a political subdivision risk pool pursuant to Chapter 172 of the Texas Local Government Code, is governed by a Board of Trustees ("TML Health Board"), and is a political subdivision qualified to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, Fort Worth is a governmental entity qualified to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, Fort Worth entered into contract number 48598 with Employer Direct Healthcare LLC, a Delaware corporation ("Vendor") related to access to surgical procedures and related diagnostic and medical care services through Vendor's network of providers (the "Services"); and WHEREAS, the Parties have examined all the relevant facts and issues, and determined that it is in the best interest of the Parties to enter into this Agreement. NOW,THEREFORE, in consideration of the covenants and promises herein set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and accepted, the Parties enter into this Agreement as follows: 1. Purpose.The purpose of this Agreement is to allow TML Health to access Vendor's Services through its agreement with the City of Fort Worth. 2. Fees. Each party will pay for the Services it accesses from current revenues available to the paying party. TML Health and Vendor will separately negotiate and customize the Vendor's Services which will be available to TML Health Members, as well as the associated fees. The Parties acknowledge that this Agreement does not provide for sharing of any risk associated with a Party accessing Vendor's Services. Each Party to this Agreement retains its own liability for claims paid on behalf of their covered individuals accessing Vendor's Services. OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TX Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 3.Data. No data will be shared between the Parties, including any Protected Health Information. Any data sharing arrangement between a Party and Vendor will be negotiated separately. 4.Term and Termination. 4.1 Term.The Term of this Agreement shall commence on the Effective Date and shall continue until the twelve(12) month anniversary of the Effective Date.Absent notice of termination as provided below,this Agreement shall automatically renew for subsequent and continuous twelve (12) month periods. 4.2 Termination.This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party." 5. Texas Insurance Code Inapplicability. The Parties acknowledges that the Services are provided in accordance with Chapter 172 of the Texas Local Government Code,are not insurance,and that the Parties are not insurers under the Texas Insurance Code or other laws of the State of Texas. 6. Administrative Services.The Parties may contract for additional administrative services related to their employee benefit programs. 7. Authorization to Participate. Each Party represents and warrants that the undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 8. Notice.Any written notice that a Party must give pursuant to this Agreement shall be made as follows: If to TML Health: TML Health Benefits Pool Attn:Jennifer Hoff, Executive Director 1821 Rutherford Lane, Suite 300 Austin,TX 78754 (P): (512)719-6599 Email:Jennifer.Hoff@tmlhb.org With a copy to: TML Health Benefits Pool Leah Simon,General Counsel 1821 Rutherford Lane, Suite 300 Austin,TX 78754 Email: General.Counsel@tmlhb.org 2 Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 If to Fort Worth: Nathan Gregory Deputy Director of Human Resources Human Resources Department 200 Texas Street Fort Worth,TX 76102 817-392-7847 Nathan.Gregory@fortworthtexas.gov 9. Disclaimer. To the fullest extent authorized by law, it is agreed that no Party to this Agreement: (i) is a guarantor of Vendor's Services, (ii) is liable to the other Party for any actions or failure on the part of Vendor or any third party providing the Services. 10. Liability. Without waiver of any disclaimer in this Agreement, the Parties agree that to the fullest extent authorized by law, no Party to this Agreement waives any immunity from liability afforded under law; however, any waiver of contractual immunity or otherwise shall be given full force and effect. 11. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 12. Amendment.This Agreement may be amended by the written approval of both Parties. 13. Signatures/Counterparts. A Party's facsimile or imaged signature shall suffice as an original for all purposes and this Agreement may be executed in several separate counterparts, each of which shall constitute an original and all of which shall constitute a complete instrument. 14.Jurisdiction/Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. [SIGNATURE PAGE TO FOLLOW] 3 Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. TML HEALTH Fort Worth TML Multistate Intergovernmental City of Fort Worth Employee Benefits Pool d/b/a TML Health Benefits Pool By: By: �- Jennifer Hoff, Executive Director Assistant City Manager Date: 08 / 09 / 2022 Date: Aug 17, 2022 Approved as to Form: Approved as to Form: By: By: Leah Simon, General Counsel Jessika J. Williams, Assistant City Attorney a ��F°F�RT��1 Attest: o o° V 0 0 By:Jannette S.Goodall(Aug 18,2022 07:21 CDT) o 4j d� ° 0 Icy 00000°° d Jennette Goodall, City Secretary �tl?EXAsa� CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 04e± �_ By: Nathan Gregory(Aug W0221 V OCDT Name: Nathan Gregory Title: Deputy Director of Human Resources APPROVAL RECOMMENDED: (J`y�w�- h>_ By: Dianna M Giordano(Aug 12,202219:31 CDT) Name: Dianna Giordano Title: Human Resources Director OFFICIAL RECORD CITY SECRETARY 4 FT. WORTH, TX Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 Doc ID: 9d29477540bb8912e6e5487df2345eb03a9238f8 HELLOSIGN Audit Trail TITLE Interlocal with Ft. Worth (Surgery Plus) FILE NAME 2022-8-9 FW-TMLH ...regarding S+.docx DOCUMENT ID 9d29477540bb8912e6e5487df2345eb03a9238f8 AUDIT TRAIL DATE FORMAT MM / DD/YYYY STATUS Signed Document History G 08/09/2022 Sent for signature to Leah Simon (leah.simon@tmlhb.org)and SENT 16:01:41 UTC Jennifer Hoff aennifer.hoff@tmlhb.org)from nate.danko@tmlhb.org IP: 12.14.10.194 08/ 09/2022 Viewed by Leah Simon (leah.simon@tmlhb.org) VIEWED 16:36:04 UTC IP: 12.14.10.194 08/09/2022 Signed by Leah Simon (leah.simon@tmlhb.org) SIGNED 16:36:22 UTC IP: 12.14.10.194 (0 08/ 09/2022 Viewed by Jennifer Hoff aennifer.hoff@tmlhb.org) VIEWED 18:44:09 UTC IP: 104.5.57.182 08/ 09/2022 Signed by Jennifer Hoff Qennifer.hoff@tmlhb.org) SIGNED 18:44:19 UTC IP: 104.5.57.182 V 08/09/2022 The document has been completed. COMPLETED 18:44:19 UTC Powered by OHELLOSIGN