21-697 - 7615 - Ordinance ExecutedORDINANCE NO. 21-697
AN ORDINANCE OF THE CITY OF DENTON, AUTHORIZING THE CITY MANAGER,
OR THER DESIGNEE, TO EXECUTE A CONFIDENTIALITY AND NON-DISCLOSURE
AGREEMENT FOR EXTERNAL AUDITING SERVICES OF THE CITY’S HEALTH
PLAN CLAMS BETWEEN THE CITY, UNITED HEALTHCARE SERVICES, INC., AND
BMI AUDIT SERVICES, LLC; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, BMI Audit Services, LLC (“BMI”) is an Indiana Limited Liability
Company with offices in South Bend, Indiana; and
WHEREAS, Denton requires a full audit of the City’s health plan to review medical
and prescription claims and ensure compliance with the plan’s contracts and other applicable
measures; and
WHEREAS, to perform the audit, BMI must access information from United
HealthCare Services, Inc. (“UHC”), including claims data containing Protected Health
Information (“PHI”) and other information that UHC considers proprietary and confidential;
and
WHEREAS, BMI requires that Denton execute a confidentiality agreement prior to
sharing and discussing detailed data and information to ensure that any information shared
will be kept as confidential; and
WHEREAS, the City Council finds it is in the public interest for the City Manager, or
their designee, to execute the attached Confidentiality and Non-Disclosure Agreement after
approval of the same by the City Attorney, or his designee; NOW, THEREFORE,
THE CITY COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or their designee, is authorized to execute the attached
Confidentiality and Non-Disclosure Agreement with BMI, after the same has been approved
by the City Attorney, or their designee, without further authority, guidance, or direction from
the City Council, and is further authorized to carry out the rights, duties, obligations and
responsibilities of the City under the Agreement.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares
it would have enacted such remaining portions despite any such invalidity.
SECTION 4. This Ordinance shall become effective immediately upon its passage
and approval.
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by the following vote n - L] :
Aye
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V,
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Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the aF day of .APc~ \, 2021.
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DEOF++••e••ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DigItally signed by Marcella Lunn
DN: doom. dc=cttyofdenton. dc=ccxiad.
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cn=Marcella Lunn,