HomeMy WebLinkAboutContract 46711 0 RT Wo RT H CITY SECRETAW I I
UMC[p= CONTRACT NO.
MAY 19 2015
CITY OF FT.WORTH
WORKERS'COMP. May 12, 2015
VIA EMAIL: RICKY(a�RICKYDGREEN.COM
Mr. Ricky D. Green
THE LAW OFFICES OF RICKY GREEN,PLLC
9600 Escarpment Blvd., Suite 745-52
Austin, Texas 78749
Re: Legal Services Regarding Workers' Compensation Claims
Dear Mr. Green:
This Letter Agreement ("Agreement") is to formalize your engagement to provide legal services on
an as-needed, as-assigned basis in connection with the City's Workers' Compensation program. For
purposes of this Agreement, you and your firm will be referred to as "You" or "Your" and the City
of Fort Worth will be referred to as the "City," "We," "Our," or"Us."
Your primary contact with the City will be Ron Josselet in the Human Resources Department. Mr.
Josselet will provide You with the specific work assignments in connection with this Agreement.
The following are the additional terms and conditions of Your employment:
A. Fees and Billing
1. The City will pay You fees based on the rates detailed in subparagraph 2 of this
Paragraph A and will reimburse actual expenses in accordance with Paragraph B, for
a total combined amount not to exceed Twenty-Five Thousand and No/100 Dollars
($25,000.00) annually. You are not to perform services or incur reimbursable
expenses that would cause the annual total to exceed $25,000.00 without first
obtaining prior written approval from the City's Human Resources Department. As
soon as You reasonably anticipate that Your engagement may exceed the dollar limit,
please contact Us to discuss future requirements.
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2. The fees described in this subparagraph shall apply to services furnished under this
T` Agreement, provided, however, that payment of such fees shall be subject to any
z required court or Workers Compensation Division approval required under the Labor
Code and the administrative regulations adopted pursuant thereto. You shall be
CD entitled to a fee in the amount of One Hundred and Thirty Five Dollars per hour for
legal services associated with (i) a Benefits Review Conference, (ii) a Benefits
LU Contested Case Hearing, or (iii) an Administrative Appeal. You shall be entitled to a
fee in the amount of One Hundred and Fifty Dollars ($150.00) per hour for legal
services associated with (i) Judicial Review, (ii) Litigation, (iii) Medical Dispute
Resolution, (iv) Audit, (v) Requests to the Subsequent Injury Fund, (vi) Compliance
;OFFICIAL or Enforcement Actions, or (vii) Miscellaneous Workers Compensation Related
CITYFT.WORTH,TOFFICE OF THE CITY ATTORNEY
The City of Fort Worth* 1000 Throckmorton Street*Fort Worth,Texas 76102
817-392-7600*Fax 817-392-8359
May 12,2015
Page 2
Projects or Services. All hourly-rate-based services shall be billed to the City in
increments of one-tenth (1/10) of an hour. For hourly-rate-based services, in addition
to paying the specified fees, the City shall also reimburse You for Your actual cost of
reasonable expenses that are incurred in providing the services, subject to the
conditions and limitations in Paragraph B. For preparation of a Designated Doctor
Submission, you shall be entitled to flat-rate compensation in the amount of Three
Hundred and Seventy Five Dollars ($375.00) per Submission. The City shall not be
responsible for reimbursing any expenses associated with a Designated Doctor
Submission.
3. Invoices for fees and expense reimbursement should be submitted monthly, but in no
case less frequently than quarterly, to:
The designated Third Party Administrator or insuring company, if any, and in lieu, to:
Ron Josselet
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
4. Each invoice should be itemized to include the following information:
a. The date(s) on which service was performed;
b. The name of the injured worker/claimant whose case was at issue;
C. The type of proceeding;
d. A brief description of the service performed;
e. The amount of time, in tenths of an hour, spent providing service;
f. The applicable fee rate as described in subparagraph 2 of this paragraph; and
g. Any expenses for which reimbursement is requested, including a description
of each individual expense and its amount, accompanied by substantiating
invoices or receipts.
5. Each of your invoices must be accompanied by a signed certification in the same
format as Exhibit A.
6. Please do not include past-due invoice amounts in current billing. Such practice will
delay payment until research can be done on each past-due amount. Please stay
current with Your billing. Services performed more than three months prior to initial
billing/invoicing for those services will not be honored. If there is a delay in
payment, please contact Mr. Josselet at (817) 392-7766 to resolve.
7. The City of Fort Worth reviews each invoice to determine the reasonableness of the
charges and the necessity and cost-effectiveness of the service and/or expense. In this
regard, We may from time to time ask for additional supporting information
regarding Your services.
May 12,2015
Page 3
B. Expense Reimbursement
1. The City will reimburse You, at your actual cost, for expenses incurred in performing
the services (other than a Designated Doctor Submission) in accordance with the
terms and conditions of this Paragraph B, provided, however, that such
reimbursement shall be subject to any required court or Workers Compensation
Division approval required under the Labor Code and the administrative regulations
adopted pursuant thereto.
2. The City does not anticipate that Your services will require large copying projects.
To the extent photocopying is required, the City will reimburse the lesser of(i) Your
actual cost or (ii) $0.15 per page. The City will not pay for clerical time expended in
photocopying.
3. Charges for expedited, delivery-confirmation, certified, or other specialized delivery
services will be reimbursed at actual cost. These services should be used with
restraint and only when necessary. The City of Fort Worth will not pay for ordinary
postage, telephone, or facsimile charges.
4. The City will reimburse You at your actual cost for air, train, or rental-car travel
outside of Travis County in connection with providing services, subject to submission
of substantiating invoices or receipts. Use of a personal vehicle for service-related
travel outside of Travis County shall be reimbursed at the Internal-Revenue-Service-
promulgated Standard Mileage Rate that is in effect at the time the service-related
travel occurs, subject to submission of a map, travel itinerary, or other document
indicating the route of travel and associated mileage. The City will reimburse Your
actual costs for meals during service-related travel, provided however that the amount
of reimbursement shall not exceed the applicable per-diem rate promulgated by the
US General Services Administration in effect at the time travel occurs.
5. With the exception of meals during travel, the City will not reimburse meal costs. If
business is conducted during a meal, applicable service fees may be charged at
normal hourly rates, but charges for food, beverages, etc., will not be reimbursed.
6. The City does not generally pay for overhead expenses. The City does not anticipate
that the services You are being retained to perform will require extensive research,
word processing, or computer time, and the City will not reimburse these costs if
incurred, as all of them are generally considered overhead costs. Costs associated
with preparation of fee bills and other overhead costs are not reimbursable items
unless specifically approved in writing by the City.
C. Conflicts of Interest
The City of Fort Worth expects the highest ethical standards in Your legal work for the City.
You must be free of conflicting interests. When You submit the attached written Acceptance
of this Agreement, please also fill out and return the conflicts form attached as Exhibit B,
providing a list of potentially conflicting representations or an affirmative statement that no
May 12,2015
Page 4
potentially conflicting representations exist. Any potential conflict must be discussed with
Us as soon as You recognize its existence. Should a conflict or a potential conflict arise
during Your services hereunder, please notify the undersigned immediately so that You may
meet with Us and resolve the matter.
We reserve the right to decide whether an actual or potential conflict exists. If, in the City's
opinion, an actual or potential conflict does exist, You will not be permitted to go forward
with Your legal services to the City until the situation has been resolved.
D. General Terms and Conditions
I. The term of this Agreement shall begin upon the date you sign the enclosed Acceptance
form and end one year from that date. This Agreement may be extended for additional
one-year periods on mutual written consent of both parties.
2. The City may terminate this Agreement at any time for cause or for convenience of the
City by notice in writing to You. Upon the receipt of such notice, You must immediately
discontinue all services and work in connection with the performance of this Agreement.
The City will pay You for all appropriate services due and payable at the time of such
termination. You shall not be entitled to lost or anticipated profits should the City choose
to exercise its option to terminate.
3. You shall perform all work and services hereunder as an independent contractor and not
as an officer, agent or employee of the City. You shall have exclusive control of and the
exclusive right to control, the details of the work performed hereunder and all persons
performing same and shall be solely responsible for the acts and omissions of Your
agents, employees and subcontractors. Nothing herein shall be construed as creating a
partnership or joint venture between You and the City, its agents, employees and
subcontractors. The doctrine of respondeat superior shall have no application as between
You and the City.
4. You shall not have the right to assign, subcontract, or transfer this Agreement without the
prior written consent of the City. Any attempted or purported assignment, subcontract, or
transfer of all or any part hereof without the City's prior written consent shall be void.
5. This Agreement shall be construed and interpreted in accordance with the laws of the
State of Texas. Should any action, at law or in equity, arise out of the terms herein,
exclusive venue for said action shall be in Tarrant County, Texas.
6. Each party shall exercise its best efforts to meet its respective duties and obligations as set
forth in this Agreement. If either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial
disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public
health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board,
department, commission, or agency of the United States or of any state; declaration of a
state of disaster or of emergency by the federal, state, county, or City government in
accordance with applicable law; issuance of a Level Orange or Level Red Alert by the
May 12,2015
Page 5
United States Department of Homeland Security; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(each a "Force Majeure Event"), the obligations so affected by such Force Majeure Event
will be suspended only during the continuance of such event.
7. Information provided to You by the City shall be subject to attorney-client privilege and
may not be released without the City's written consent, unless the rules governing the
privilege allow or require disclosure. In the event that You disclose information without
the City's written consent, you agree to notify the City immediately of the extent of the
disclosure and the reason therefor.
8. During the term of this Agreement, and at any time within three (3) years following the
expiration of this Agreement, the City shall have the right of access to all information
held in Your possession related to services performed under this Agreement, for audit
purposes or any other lawful purpose. You agree to provide access to such information
unless expressly prohibited from doing so by court or other governmental order. Except
in the event of an emergency, the City will provide reasonable advance notice of any
intended audits and the need for the information. You agree that You will keep records
relating to the services provided hereunder for as long as required by law.
9. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO RELEASE, INDEMNIFY,
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL COST, LIABILITY, OR EXPENSE
ASSOCIATED WITH ANY LOSS, INJURY (INCLUDING DEATH), OR DAMAGE TO
PROPERTY AND/OR PERSONS (INCLUDING, BUT NOT LIMITED, TO YOUR OWN
OFFICERS, AGENTS, EMPLOYEES, AND/OR SUBCONTRACTORS) THAT MAY
ARISE OUT OF OR RELATE TO ANY INTENTIONAL OR NEGLIGENT ACT,
ERROR, OR OMISSION OF YOURSELF OR YOUR OFFICERS, AGENTS, OR
EMPLOYEES IN THE PERFORMANCE OF THIS AGREEMENT. YOU SHALL
(i) DEFEND AT YOUR OWN EXPENSE ANY CLAIM MADE OR SUIT OR OTHER
PROCEEDING BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS, OR
EMPLOYEES RESULTING FROM SUCH INTENTIONAL OR NEGLIGENT ACT,
ERROR OR OMISSION, AND (ii)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
INTENTIONAL OR NEGLIGENT ACT, ERROR, OR OMISSION.
10. Throughout the term of this Agreement, You shall maintain insurance in accordance with
the terms of this subparagraph. Prior to commencement of any work pursuant to this
Agreement, You shall provide the City with certificate(s) of insurance documenting
policies of the following minimum coverage limits that are to be in effect:
Professional Liability(Errors and Omissions)
$1,000,000 Each Occurrence
$1,000,000 Aggregate
Worker's Compensation - Statutory limits
May 12,2015
Page 6
General Requirements - All applicable policies shall name the City as an additional
insured thereon, as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers in respect to the contracted services. The
workers' compensation policy shall include a Waiver of Subrogation (Right of
Recovery) in favor of the City of Fort Worth. You shall provide the City with a
minimum of thirty (30) days' notice of cancellation, substantive change, or reduction in
coverage. Ten (10) days' notice shall be acceptable for cancellation related to non-
payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the
same address. The insurers for all policies must (i) be licensed and/or approved to do
business in the State of Texas and (ii) have a minimum rating of A-VII in the current
A.M. Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that required,
written approval of Risk Management is required. Any failure on the part of the City to
request required insurance documentation shall not constitute a waiver of any insurance
requirement.
11. This Agreement does not address or affect Your services as the City's Austin carrier
representative. Those services will continue to be subject to and compensated in
accordance with the separate contract between You and the City.
If the terms set out above are acceptable to You, please sign the Acceptance attached hereto and
return it to me. If You wish to discuss any aspect of Your services further before accepting, please
call Ron Josselet at(817) 392-7766.
Mr. Green, we look forward to working with You.
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Sincerely, F.8 070
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Sarah J. Fullenwider �, p°s� ooS�
City Attorney X�
Enclosures Ci ecremy
C: David Cooke, City Manager
Gerald Pruitt, Deputy City Attorney
Harvey Frye, Senior Assistant City Attorney
Benjamin Sampract, Assistant City Attorney
Attested by:
Contract Authorization
san lams Date
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
ACCEPTANCE
To: City of Fort Worth
My signature below serves to acknowledge that I hereby agree to provide the City of Fort Worth
with legal services on an as-needed, as-assigned basis in connection with the City's Workers'
Compensation program in accordance with the terms and conditions specified in the Letter
Agreement of May 12
,6
Ricky Green
a
Date:
OFFICIAL RECORD
CITY SECRETARY
FT.WORM TX
EXHIBIT A
INVOICE CERTIFICATION
The attached invoice for fees and Reimbursable Expenses is submitted in compliance with the
terms and conditions of the Letter Agreement between Ricky D. Green and the City of Fort
Worth regarding legal representation of the City. Underlying documentation for all fees and
expenses will be retained for three years after payment for review by City of Fort Worth, if
requested.
— �J*
[ name ]
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT B
CONFLICTS
PleaseCheckOne (and provide information, as needed):
1, I have carefully reviewed the cases in which I am currently involved and certify that I do
not have a conflict in providing the City of Fort Worth with legal services on an as-needed, as-
assigned basis in connection with the City's Workers' Compensation program. I agree to notify
Ron Josselet immediately if a conflict or potential conflict arises.
I have carefully reviewed the cases in which I am currently involved and have attached a
list of potentially conflicting representations.
Ricky Green
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5MM16'fib -Resolution No. 4442-05-2015
DATE: Tuesday, May 05, 2015 REFERENCE NO.: **C-27275
LOG NAME: 12WORKERS COMP OUTSIDE ATTORNEY
SUBJECT:
Adopt Resolution Authorizing Employment of Ricky Green as Outside Counsel for Legal Services Related
to Certain Workers Compensation Claims and Authorizing Payment of Counsel Fees in an Amount Not to
Exceed $25,000.00 Per Year(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the employment of Ricky
Green of the Law Offices of Ricky Green, PLLC, as outside counsel, in accordance with Chapter VI,
Section 3 of the City Charter for legal services related to certain workers compensation claims, and
authorizing payment of counsel fees in an amount not to exceed $25,000.00 per year.
DISCUSSION:
The Human Resources Department and the City Attorney's Office have requested that the City retain
Ricky Green of the Law Offices of Ricky Green, PLLC, for legal services related to certain workers
compensation claims. Mr. Green has extensive experience representing municipalities in workers
compensation claims.
The City of Fort Worth is self-funded for workers compensation with its claims being processed by a third
party administrator. Three attorneys in the Fort Worth City Attorney's Office are assigned to represent the
City in legal disputes regarding the eligibility or amount of claims, and they handle the majority of all such
cases.
A relatively small number of workers compensation claims involve less-used areas of the law that require
more highly specialized knowledge. For example, Texas law presumes that certain diseases are the
result of a person's employment, and when the circumstances indicate the disease was caused by some
condition other than the person's work environment, the burden shifts to the City to establish evidence to
refute that presumption. Because these specialized claims involve less-common areas of the law and
different standards of proof, attorneys who specialize in workers compensation law are needed to
represent the City's interests. In addition, some cases involve a conflict of interest, such as when a
workers compensation claim is filed by a member of the City Attorney's Office or a relative of assigned
attorneys. When such a conflict prevents the City's in-house attorneys from handling the cases, the
assistance of an outside attorney is required.
Mr. Green has extensive experience in the field of workers compensation law having worked in the area
for 15 or more years. He has previously provided the City with similar representation, and both the
Human Resources Department and the City Attorney's Office have been satisfied with his service.
Under the laws and regulations governing workers compensation claims in Texas, attorneys' fees are
charged against the individual claim files as allocated loss adjustment expenses. If Mr. Green is engaged
to provide services, his bills will be processed by the City's third party administrator for workers
Logname: 12WORKERS COMP OUTSIDE ATTORNEY Pagel of 2
compensation claims and will be paid for out of the Workers Compensation Fund.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Workers Compensation Fund. The Fiscal Year 2015 budget included
appropriations in the amount of$10,274,510.00 for all workers compensation claims costs, including all
allocated loss adjustment expenses, which include legal services. As of April 7, 2015, the Fund has year-
to-date expenses totaling $4,711,620.72; upon approval of the recommendation, remaining funds will be
$5,527,889.28.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
FE73 534600 0147310 $25.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Sarah Fullenwider (7606)
Gerald Pruitt (7616)
Additional Information Contact: Denis McElroy (2758)
ATTACHMENTS
1. Resolution for Outside Counsel - workers comp.doc (Public)
Logname: 12WORKERS COMP OUTSIDE ATTORNEY Page 2 of 2