HomeMy WebLinkAbout030509 RES - 05/26/2015 Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement to participate in My Texas Direct with other Texas
local governments to provide for a physician panel for workers'
compensation medical benefits as authorized by Chapter 504 of the Texas
Labor Code, and provide for expenditures pursuant to said agreement in an
amount of$11.50 per medical bill, estimated to be $39,433 per year
Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as
follows:
1.
That the City Manager or his designee is authorized to execute the attached Interlocal
Agreement to participate in My Texas Direct with other Texas local governments to contract for
workers' compensation medical benefits as authorized by the Texas Labor Code.
2.
Expenditures are authorized pursuant to the aforementioned agreement in an amount not to
exceed $11.50 per medical bill, in a total estimated amount of$39,433 per year.
3.
Amendments and modifications to this Interlocal agreement are authorized to the extent they do
not require additional expenditures and are approved by the City Attorney. A copy of the
Interlocal Agreement will be filed in the office of the City Secretary.
ATTEST: CITY OF CORPUS CHRISTI
2-e--- 1/C-,C-e."Rebecca Huerta Nelda Martine
City Secretary Mayor
CAUsers\Iisah\AppData\Roaming\L5Vemp\7823abac-d625-4233-bf96-a4p531j r510O
�J J�JJ fi7 INDEXED
Corpus Christi, Texas
of Ci , k\S
The above resolution was passed by the following vote:
Nelda Martinez (iliga
Rudy Garza , $
` , ,
Chad Magill
6
Colleen McIntyre / %4 s
Lillian Riojas 1
Lucy Rubio i e 4"
Brian Rosas -- —___61.4.4., _
Mark Scott
Carolyn Vaughn ---ay---
030509
C:\Users\lisah\AppData\Roaming\L5\Temp\7823abac-d625-4233-bf96-a46559b13f65.docx
My Texas Direct
Interlocal Agreement
This Interlocal Agreement (the "Interlocal") and contract is entered into by and between
the undersigned political subdivisions of the State of Texas (individually referred to as "Member"
and collectively as "Members") for the purposes set forth below. The Interlocal is entered into
under the Texas Interlocal Cooperation Act (Texas Government Code, Chapter 791).
1. RECITALS
1.1. Political subdivisions are authorized by §504.053 of the Texas Labor Code to provide
workers' compensation medical benefits to injured workers by contracting directly
with health care providers.
1.2. My Texas Direct is created herein by agreement of the undersigned governmental
entities pursuant to Chapter 791 of the Texas Government Code to enhance the ability
of the Members to contract directly with health care providers. My Texas Direct is a
local government as defined in §791.003 of the Texas Government Code and
performs certain governmental functions and services as defined in §791.003 of the
Texas Government Code.
1.3. The governing body of the Member has determined that a workers' compensation
health care network certified under Chapter 1305 of the Texas Insurance Code, is not
available or practical for the Member and has decided to provide medical benefits to
its injured employees by directly contracting with health care providers as allowed by
§504.053 of the Texas Labor Code.
1.4. The governing body of the Member has agreed to the terms and conditions of this
Agreement and has acted by majority vote, at a duly called and noticed public
meeting, to authorize the execution of this Agreement.
1.5. My Texas Direct is not an insurance company or workers' compensation carrier and
does not assume risk or liability for workers' compensation self-insurance risks
attributable to its Members.
1.6. My Texas Direct provides administration services directly and through its contractors
for the direct contracting, formal and professional peer review, and credentialing
activities designed to establish a provider panel that will work to improve the quality
of health care benefits available to the injured workers of its Members.
2. AGREEMENT
2.1. Creation of My Texas Direct. Pursuant to the provisions of the Texas Interlocal
Cooperation Act (Texas Government Code, Chapter 791), the undersigned
governmental entities hereby create an administrative agency to be known as My
Texas Direct to assist the governmental entities in providing workers' compensation
medical benefits in the most available and practical manner, considering access, cost,
and quality, pursuant to and in accordance with Chapter 504 of the Texas Labor
Code, including, but not limited to, Labor Code Section 504.053(d), as amended.
C:\Users\I i sa h\Ap p Data\Roaming\L5\Temp\7823 a b a c-d 625-4233-bf96-a 46559 b 13f65.d o cx
2.2. Not an insurer or carrier. My Texas Direct is not an insurer or a carrier for the
purposes of the Insurance Code, Labor Code, or any other law of the State of Texas.
All services provided by My Texas Direct shall be under the applicable laws of the
State of Texas, including the Interlocal Cooperation Act (Chapter 791, Texas
Government Code) and Chapter 504 of Title 5, Texas Labor Code.
2.3. Administrative Contract. My Texas Direct may enter into contracts for the
administration and supervision of the Agreement and the operation of My Texas
Direct.
2.4. Governing Documents. The operations of My Texas Direct shall be governed by the
provisions of the Bylaws and this Agreement. If a conflict should arise between the
two documents then the provisions of the Bylaws will control.
2.5. Board. My Texas Direct will be governed by a Board selected from its Members
pursuant to the Bylaws. The Board will have the powers and duties necessary for the
accomplishment of the purposes and goals of My Texas Direct, including but not
limited to the items set forth in the Bylaws.
2.6. Member Contributions and Expenses. The Member will not incur any up-front costs or
expenses for the initial formation and implementation of My Texas Direct as there is
no cost associated with joining My Texas Direct or initial membership.
Notwithstanding the foregoing, in the event that Member initiates access to My Texas
Direct provider panel for its injured workers, then Member agrees to pay My Texas
Direct for services provided in connection with the direct and indirect costs of My
Texas Direct associated with the establishment of a provider panel that works to
improve the quality of health care benefits available to the injured workers of
Member. Contributions and expenses will apply to workers' compensation claims
associated with Member's injured workers and will be allocated on an equitable basis
as determined by the Board. Member contributions and expenses will cover the
following:
2.6.1. Direct provider contracting;
2.6.2. Formal and professional peer review;
2.6.3. Credentialing;
2.6.4. Administrative services provided by outside, third parties;
2.6.5. Establishment, coordination, and ongoing support for the Board and
associated expenses;
2.6.6. Management and staffing of My Texas Direct;
2.6.7. Managed care services provided by/through My Texas Direct;
2.6.8. Program development efforts;
2.6.9. Reporting associated with TDI data calls; and
2.6.10. Additional costs and expenses necessary for the proper administration of
My Texas Direct as determined by the Board in accordance with the
Bylaws.
C:\Users\lisa h\App Data\Roaming\L5\Tem p\7823abac-d 625-4233-bf96-a46559b 13f65.docx
2.7 Non-appropriation of Funds. The obligations of Member to make payments to My
Texas Direct pursuant to this Agreement are subject to appropriation by Member of
funds that are lawfully available to be applied for such purpose. If Member fails to
make an appropriation for payments prior to the beginning of the term of the
Agreement for the Member, Member may withdraw from this Agreement. Member
may withdraw from this Agreement by providing written notice of such withdrawal
in accordance with section 4.2 to My Texas Direct.
3. NO WAIVER OF IMMUNITY
3.1. The Members,by entering into the Agreement do not waive any immunity or damage
limits provided by law to My Texas Direct, its Members, or their respective officers
or employees. My Texas Direct and its Members expressly reserve their
governmental immunity. No provision of this Agreement or any document governing
My Texas Direct shall be construed to waive My Texas Direct's governmental
immunity, or that of a Member.
4. TERMS AND CONDITIONS
4.1. Term. The term of the Agreement shall be for one year commencing at 12:01 a.m. on
the date of execution of the Agreement by the Member and shall automatically renew
from year to year until written notice of non-renewal is given as provided in Sections
4.2, 4.3, and 4.4 of the Agreement.
4.2. Withdrawal. A Member may withdraw from the Agreement by providing written
notice of termination at least 180 days prior to the termination date. A Member that
withdraws from the Agreement shall be liable for its share of any contribution,
expense, or obligation under the Agreement until the end of the annual term.
4.3. Termination of Membership. If a Member fails or refuses to make payment of any
contribution or expense required under the Agreement, the Board may terminate the
Agreement with such Member by giving 10 days written notice and collect any
contributions or expenses due prorata from such Member for the period preceding the
termination.
4.4. Effect of Withdrawal or Termination. In the event a Member withdraws from or is
terminated as provided herein, such withdrawal or termination shall not affect the
validity or continuation of the Agreement for the remaining Members.
4.5. Dissolution. My Texas Direct may be dissolved at any time by a unanimous vote of
the members of the Board. Furthermore, My Texas Direct shall be dissolved when
there are fewer than two Members.
4.5.1. Upon dissolution, no part of the income or assets of My Texas Direct
shall inure to the benefit of or be distributable to its directors, officers,
Members, or private persons, except that My Texas Direct may pay
reasonable compensation for services rendered and may make payments
and distributions in furtherance of the purposes set forth herein. This
section does not prevent the Board from reimbursing members of the
Board for reasonable and necessary expenses connected with service on
the Board.
C:\Users\lisah\AppData\Roaming\L5\Temp\7823abac-d625-4233-bf96-a46559b 13f65.docx
4.5.2. Upon dissolution of My Texas Direct, the Board of Directors shall, after
paying or making provision for the payment of all the liabilities of My
Texas Direct, distribute all the assets of My Texas Direct to the then-
current Members, which are political subdivisions of the State of Texas
and who contributed to any remaining surplus pro rata in proportion to
their annualized contributions.
4.6. Effect of Partial Invalidity; Venue. If any part of this Agreement is declared invalid,
void or unenforceable, the remaining parts and provisions shall continue in full force
and effect. Venue for any dispute arising out of or under this Agreement shall be in
Travis County, Texas.
4.7. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and which taken together shall constitute one and the same
document.
4.8. Compliance with Bylaws. The Member acknowledges that it has received a copy of
the Bylaws and does hereby concur with the establishment of My Texas Direct and
agree to abide by the Bylaws and any amendments thereto.
4.9. Entire Agreement. This Agreement represents the entire agreement of the Members.
Any supplemental agreements must be evidenced in writing, approved and executed
in the same manner as this Agreement.
4.10. Severability. Should any part of this Agreement be invalidated or otherwise
rendered null and void, the remainder of this Agreement shall remain in full force
and effect.
4.11. Assignment. No Party may assign, sublet, subcontract or transfer any interest in this
Agreement without the written consent of the other Party.
4.12. Notices. Any notice given pursuant to this Agreement shall be given in writing and
delivered in person or by facsimile, email, overnight courier, or mail (Certified or
Registered United States Mail), to the addresses set forth in the signature section of
this Agreement.
4.13 Signatures. By execution of this Interlocal, the undersigned governmental entities
shall be the initial members of My Texas Direct. Thereafter, upon compliance with
the eligibility requirements for membership and approval of My Texas Direct, a
party shall become a member effective the date of the party's acknowledgment and
approval of the Interlocal by executing the Member Participation Agreement for My
Texas Direct.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
C:\Users\lisah\AppData\Roaming\L5\Temp\7823abac-d625-4233-bf96-a46559b13f65.docx
EXECUTED by the individual Parties on the dates of their respective signatures.
Full Legal Name of Local Government:
By:
Printed Name of Person Signing:
Title of Person Signing:
Date Executed: , 201
Address for Notice:
Printed Name: Attn.
Street Address
City, Texas, Zip Code
Full Legal Name of Local Government:
By:
Printed Name of Person Signing:
Title of Person Signing:
Date Executed: , 201
Address for Notice:
Printed Name: Attn;
Street Address
City, Texas, Zip Code
Full Legal Name of Local Government:
By:
Printed Name of Person Signing:
Title of Person Signing:
Date Executed: , 201
Address for Notice:
Printed Name: Attn.
Street Address
City, Texas, Zip Code
C:\Users\Tisa h\Ap p Data\Roaming\L5\Tem p\7823abac-d 625-4233-bf96-a46559 b 13f65.docx
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date:
May 19, 2015
Agenda Item:
Resolution authorizing the City Manager or designee to execute an Interlocal Agreement to participate
in My Texas Direct with other Texas local governments to provide for a physician panel for workers'
compensation medical benefits as authorized by Chapter 504 of the Texas Labor Code, and provide for
expenditures pursuant to said agreement in an amount of$11.50 per medical bill, estimated to be
$39,433 per year.
Amount Required: $ 20.000
Fund Name Accounting Unit Account Activity No. Amount
No.
Liability and Employee 5612-40510-005 537340 $20,000
Benefits Fund-Workers'
Compensation
Total $20,000
❑ Certification Not Required
Director of Financial Services
Date: MAY 2 6 2015
l5_ 04/v6