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8939 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 Christina Dormady PSA Recovery Services - Property 8939 No DECEMBER 16, 2025 DECEMBER 16, 2026 25-2234 1 AGREEMENT FOR PROPERTY DAMAGE (THIRD PARTY RESPONSIBLE) RECOVERY SERVICES [PRS Agreement Number 20-4301] This Agreement for Property Damage (Third Party Responsible) Recovery Services (“Agreement”) is made and entered into by and between Peachtree Recovery Services, Inc., (“Product or Service Provider” or “PRS”) and the City of Denton (“CLIENT”) and is effective on the date signed by both of them (the “Effective Date”.) RECITALS WHEREAS, CLIENT is a municipal government or consolidated municipal/county government of the State of Texas; and WHEREAS, CLIENT is eligible to purchase the Services described below (“Services”) in accordance with the terms of this Agreement, for use by such municipal governments; and WHEREAS, CLIENT and PRS acknowledge that this Agreement is solely between CLIENT and PRS; and WHEREAS, PRS warrants that it provides the Services in compliance with all applicable laws and standards applicable to PRS’s industry; and WHEREAS, PRS warrants that it has and will keep in effect at its sole expense all licenses, permits, qualifications, and approvals which are legally required to provide the Services; and WHEREAS, Exhibits A.1, A.2, A.3, and A.4 are incorporated in this Agreement as if fully restated; NOW THEREFORE, for and in consideration of the foregoing Recitals and the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CLIENT and PRS (each individually a “Party” and collectively the “Parties”) agree to the Recitals above and as follows. 1. Services and Compensation PRS will perform the services described in the Statement of Work attached as Exhibit A.1 for the compensation described below. PRS does not provide any form of legal or tax services pursuant to this Agreement. a. PRS shall retain nineteen per cent (19%) of all amounts recovered for each claim after deduction of any Paid Administrative Fee, any PRS Reimbursed Expenses, and any CLIENT Litigation Costs (each defined in Exhibit A.1). PRS shall forward the remaining eighty-one percent (81%) for each claim to CLIENT. b. PRS shall pay CLIENT thirty (30) days in arrears on a monthly basis for damage claims recovered during the previous month. Such payments shall be accompanied by an emailed or other electronic progress report in a form similar to the form included in Exhibit A.2. PRS always will include the Agreement number on such reports. Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 2 c. PRS shall provide such payments and reports to the primary contact at CLIENT set forth in “Notices” below, and CLIENT shall notify PRS promptly of any change to the primary contact or the primary contact’s information. 2. d. PRS shall not perform services for CLIENT except those listed in Exhibit A.1. Performance Standards for Services and Compliance with Laws PRS shall use its best efforts and work diligently to perform the services. PRS will comply with laws, ordinances, rules, and regulations that directly apply to its rendering of services to CLIENT pursuant to this Agreement. In the event it appears to CLIENT that PRS is failing to substantially comply with the quality of services or the specified completion schedule of its duties under the Agreement, Client shall provide written notice thereof to PRS. The notice must identify specific incidents or circumstances comprising the conditions of the complaint. As soon as possible after receipt of said notice, the appropriate representatives of both parties shall meet to discuss the conditions of the complaint. 3. Confidential Information and Open Records Act Compliance Confidential Information. PRS will obtain electronic access to non-public information relating to CLIENT and CLIENT’s property by providing a copy of this Agreement to the entity that manages electronic databases containing such information. PRS agrees that it will only use the non-public information in these databases in order to perform the Services. PRS reviews the information on the electronic databases and does not download or copy information from the databases into its own information systems or paper files. PRS affirms that it does not need to create or maintain custody of personally identifiable information that must be safeguarded under applicable law in order to perform the Services. Personally identifiable information includes the following: dates of birth, phone numbers, emails and account numbers of individuals, social security numbers, medical information, or information commonly used in identity theft. To the extent PRS reviews such information in the electronic databases, PRS shall not make any record of such information and shall maintain the confidentiality of such information. Notwithstanding the above, PRS will maintain contact information, checks, and other banking information from responsible third parties and their insurance carriers. PRS shall safeguard such information as it safeguards its own financial account information and shall keep the information confidential. PRS will not accept credit card payments from responsible third parties and will not maintain any payment card information as a result of this Agreement. Open Records Act Compliance. If disclosure of information covered by this Agreement is required pursuant to the Texas Open Records Act (i.e., § 550.065, et. seq.) or other state or federal law (18 USC 2721), the recipient may make the required disclosure provided that the recipient must, if permitted by law, advise the other party promptly of the request for disclosure and cooperate with the other party in responding to it. The parties shall clearly identify any document or types of documents submitted to each other that include trade secrets and submit an affidavit with respect to such documents in accordance with Texas Government Code § Section 552.110. The parties will follow the provisions of the Texas Government Code § Section 552.110 with respect to any requests under the Texas Government Code (§ 552, et. seq.) for such documents. 4. Term This Agreement shall be effective on the Effective Date and shall continue for three years unless terminated by either Party in accordance with the Termination provisions of this Agreement. This Agreement shall be renewed upon notice by the CLIENT for two additional one year terms at the sole option of the CLIENT under the updated terms and conditions negotiated between the Client and PRS and provided by PRS to Client at least ninety (90) days prior to the end of the three-year term, unless otherwise terminated in accordance with the Termination Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 3 provisions or unless either Party notifies the other in writing at least sixty (60) days prior to the end of the term of a desire not to renew. 5. Indemnification – Intentionally Omitted 6. Insurance PRS shall maintain, throughout the term of this Agreement, at its own expense comprehensive general liability insurance that includes contractual liability, with limits of no less than $1,000,000 per occurrence and $2,000,000 aggregate and professional liability (errors & omissions) insurance with limits of no less than $1,000,000 per claim and $2,000,000 aggregate. If such insurance is written on a claims-made form, it shall continue for three years following termination of this Agreement. Said insurance policies shall cover all activities performed by PRS, its agents, officers, and employees under this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to CLIENT. During the term of this Agreement, PRS shall fully comply with worker compensation laws. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies insuring against any liability PRS may have for worker's compensation if such a policy is required by law. 7. Federal Work Authorization Affidavit PRS performs services for CLIENT as a result of this Agreement and compensation for services may exceed the minimum set forth in Texas Government Code Section 2264.102, as amended from time to time. Pursuant to Texas Government Code Section 2264.103, for as long as this Agreement remains in effect, PRS will be registered with and participate in the federal work authorization program to verify the immigration status of newly hired employees (“e-Verify”). PRS shall complete and execute the Service Provider E-Verify Compliance Affidavit attached as Exhibit A.3 to this Agreement, or a similar affidavit that meets the requirements of the law. If PRS subcontracts any services described in this Agreement, PRS shall require the subcontractor to attest to its compliance with Texas Government Code Section 2264.103, as amended from time to time, and complete and execute the Subcontractor to a Service Provider E-Verify Compliance Affidavit attached as Exhibit A.4 or a similar subcontractor affidavit that meets the requirements of the law. PRS shall maintain any completed affidavit and make a copy of it available to CLIENT upon request. PRS shall ensure that any subcontractor E-Verify affidavit becomes a part of its agreement with the subcontractor. 8. Notices All notices under this Agreement shall be in writing and shall be delivered (a) personally, with a copy by email; (b) by overnight courier, with a copy by email; or (c) by United States mail, registered or certified, return receipt requested, postage prepaid, with a copy by email. Notices shall be deemed received on the date of personal delivery, the date of action receipt as indicated on the delivery invoice or return receipt Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 4 or the date receipt is refused; whichever is earlier. Notices shall be sent to the parties at the addresses set forth below, or at such other addresses as the parties may provide in writing from time to time. CLIENT: Tiffany Harris, Risk Manager 601 E. Hickory St. Denton, TX 76201 Tiffany.harris@cityofdenton.com 940-349-7822 PRS: Peachtree Recovery Services, Inc. Todd Rhoad CFO 7778 McGinnis Ferry Road #306 Suwanee, GA 30024 (678) 230-7594 todd.rhoad@peachtreers.com 9. Termination a. Termination by CLIENT. Termination for Cause. CLIENT shall have the right to terminate this Agreement: if PRS commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach and CLIENT’s intention to terminate the Agreement unless cured. Termination for Convenience. CLIENT may terminate this Agreement for convenience with thirty (30) days written notice to PRS. b. Termination by PRS. PRS may terminate this Agreement for any reason with one hundred twenty (120) days prior written notice to CLIENT. c. Effect of Termination. Upon receipt of notification that this Agreement will be terminated, PRS shall notify the primary contact at any governmental entity that manages access to non-public databases of the date of the termination. Then PRS shall take all other necessary steps to terminate the access to such databases that was granted to PRS solely as a result of this Agreement. Upon receipt of notification that this Agreement will be terminated, PRS will notify all contacts for open claims of the date the Agreement will terminate and provide instructions for the contact to communicate directly with CLIENT about the open claims after that date. If PRS receives a payment for a claim after the termination date, PRS shall forward the entire payment to CLIENT without deducting any amount from the payment. No later than one hundred twenty (120) days after the termination date, PRS shall provide CLIENT an electronic copy of all documents PRS developed or maintained on behalf of CLIENT in order to provide the Services. Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 5 10. Survival The terms of the following Sections shall survive any termination of this Agreement: Ownership and Use of Work Product Confidential Information Indemnification Notices Effect of Termination Miscellaneous (Waiver and Severability, Governing Law, Dispute Resolution, No Third Party Beneficiaries, Records Maintenance, Retention and Audit) 11. Miscellaneous a. Waiver and Severability. The waiver of one breach or default under this Agreement will not constitute the waiver of any subsequent breach or default. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect. b. Governing Law. This Agreement will be governed in all respects by the laws of the state of Texas, without regard to any conflict of laws principles, decisional law, or statutory provision which would require or permit application of another jurisdiction’s substantive law. The Parties agree that the venue of any legal or equitable action that arises out of or relates to this Agreement shall be a court of competent subject matter jurisdiction in the county in which CLIENT is located and the parties hereby consent to the jurisdiction of such court. c. Dispute Resolution. i. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between those who have authority to settle the controversy. Within ten (10) business days after receipt of the notice, the receiving Party shall submit to the other a written response. The notice and the response shall include (1) a statement of each Party's position and a summary of arguments supporting that position, and (2) the name and title of the person who will represent that Party and of any other person who will accompany that person. Within ten (10) business days after delivery of the disputing Party's notice, the representatives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. ii. All negotiations pursuant to this clause will be confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and the rules of evidence of any state. d. No Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement. e. Excused Performance. Neither CLIENT nor PRS shall be deemed to be in default of this Agreement or be liable for any delay or failure in performance, resulting directly or indirectly from any act of the elements, civil or military authority, civil disturbance, war, strike, fire, earthquake or other cause beyond its control. The time within which PRS is required to perform in accordance with the terms and conditions of this Agreement shall be extended for any delays caused in whole or in Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 6 part by CLIENT, provided however, that CLIENT notifies PRS in writing within ten (10) business days of discovering such delays. PRS shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non- performance or delay in performance. f. Records Maintenance, Retention and Audits. PRS shall maintain all records pertaining to this Agreement until the earlier of the date PRS delivers an electronic copy of such records to CLIENT or five years after termination of this Agreement. PRS’s accounting procedures and practices shall conform to generally accepted accounting principles. Upon the request of CLIENT after reasonable notice to PRS, PRS shall make available to CLIENT such records as may be necessary to enable CLIENT to conduct an audit to assure that the appropriate fees have been charged to CLIENT. Authorized representatives of CLIENT may at all reasonable times have access to review and inspect the Agreement activities and data collected under the terms of this Agreement and any amendments thereto. If CLIENT desires to conduct an audit of all or a portion of claims filed on behalf of CLIENT and the amounts paid to CLIENT, it may do so after providing thirty (30) days written notice to PRS. All books, documents, plans, papers, records, drawings, studies, specifications, estimates, maps and computations, prepared by or for the PRS under the terms of this Agreement, shall be available to authorized representatives of CLIENT for inspection and review at all reasonable times in the general offices of CLIENT or the office of PRS as determined by CLIENT. PRS shall correct, at its expense, any errors in its work. If any errors result in additional amounts due to CLIENT, PRS shall forward such additional amounts to CLIENT promptly. g. Subcontracting Performance of Services. PRS may subcontract with engineers, experts and others to provide assistance to PRS in the valuation of claims without first obtaining CLIENT’s written consent. PRS may subcontract the performance of other portions of the Services only with CLIENT’S prior written consent. h. Assignment of Agreement. PRS may not assign this Agreement. i. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the legal representatives, successors and permitted assigns of the Parties. j. No other Agreement; Modification. This Agreement sets forth the entire understanding of the Parties with respect to the subject matter and supersedes any prior negotiations, understandings or agreements with respect to the subject matter hereto. Except as expressly set forth herein, neither Party has made any statement, representation or warranty in connection herewith which has been relied upon by the other party or which acted as an inducement for the other Party to enter into this Agreement. This Agreement may only be modified by a writing signed by both Parties. k. Changes in PRS Organization. PRS shall notify CLIENT in writing within five (5) business days upon PRS taking any action to change its corporate structure, including voluntary or involuntary bankruptcy proceedings, company mergers, company acquisitions, changes in corporate names, changes in corporate officers, changes in governing structure, and similar relevant information. Such notification shall identify how the change in corporate business structure will impact CLIENT, including payments to PRS, and PRS shall identify how these impacts to CLIENT will be mitigated. l. Drug-Free Workplace. PRS certifies that a drug-free workplace will be provided for PRS's employees during the performance of this Agreement. m. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which counterparts of this Agreement taken together shall constitute one Agreement. Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 7 In witness whereof, the Parties have executed this Agreement and it is effective on the Effective Date. (CLIENT) Peachtree Recovery Services, Inc. (PRS) By: By:_ Name: Name: Title: Title: Date: Date: State of Texas County of _______________________ Sworn to and subscribed before me on the __________ day of __________, 20______, by ______________________ [Name of Principal Signer]. (Seal) _________________________ Notary Public Signature Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 11/21/2025 CFO Todd Rhoad CITY OF DENTON 12/17/2025 Sara Hensley City Manager 8 EXHIBIT A.1 STATEMENT OF WORK Peachtree Recovery Services, Inc. (PRS) will identify the potential damaged CLIENT property claims through online review of police reports and referrals, determine through various means the third party responsible for the damage, and invoice and collect from the third party or the third party’s insurance carriers on CLIENT property damage claims. PRS will perform the following duties as part of its service. Duties Performed by PRS A. Process Development PRS will develop a process for identification of damaged property, identification of the third party responsible for the damage, identification of the third party’s insurance coverage, and development of the cost of damages. 1. PRS shall have and exercise specific methodology authority over the method and manner of damage claim information collection and submission to the responsible party or their insurance carrier. 2. PRS shall monitor all statutes of limitations and make proper notice on all claims submitted, including maintaining a status report of all pending claims that specifies the expiration date of the corresponding statute of limitation. However, PRS shall have no liability for any statute of limitation or notification issues. 3. Retention of Counsel and Legal Expenses. PRS may recommend claims for litigation. The City of Denton (“CLIENT”) is responsible for all aspects and expenses of the litigation process on any claim, including but not limited to the engagement of attorneys, filing fees and court costs. PRS shall never engage an attorney or file a legal action on behalf of CLIENT. 4. Non-litigation. Except when CLIENT’s insurance carrier is or will be involved with a loss, PRS has complete authority to submit, sign notice of claim forms, compromise, settle and release third parties from claims for property damage owed to CLIENT, so long as the amount of recovery to be paid in settlement will be 75% or more of the base damages (the amount billed minus any charged Administrative Fees and Expenses), and to execute such documents that are necessary to its exercise of this authority. If the amount of recovery to be paid in settlement will be less than 75% of the base damages amount, PRS shall obtain written approval from CLIENT to perform any such tasks. If CLIENT’s insurance policy requires the claim to be subrogated to the Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 9 insurance carrier or requires the amount received to be returned to the insurance carrier, PRS shall obtain written approval from CLIENT to perform any such tasks. 5. PRS will monitor all statutes of limitations and make proper notice on all claims, including maintaining a status report on all pending claims that specifies the expiration date of the corresponding statute of limitation for each claim. PRS is not liable for any statute of limitation or notification issues. 6. Recovery of claims less than three thousand dollars ($3000) by PRS will be attempted for up to two hundred seventy days. At that time PRS will cease recovery efforts and allow for a potential response from the responsible party and/or their insurance company. If unrecovered after twelve (12) months and no promise of payment has been established, PRS will close the claim as “further efforts not warranted,” provided that PRS shall promptly notify CLIENT of any decision to close such claim, and, thereafter, CLIENT shall be entitled to pursue such claim itself or through a third-party without any further or other obligations to PRS hereunder relative to such claim. If a promise of payment is established then the claim will remain open for an additional ninety (90) days. B. Monitoring and Assessment of Damages PRS shall monitor electronic databases containing non-public CLIENT information for damage to CLIENT’s roads and facilities. PRS generally shall use its own data to estimate costs for all property damage. However, if PRS does not have appropriate data to make an assessment, CLIENT will assist PRS as needed to determine the costs of damage. PRS maintains relevant damage data on the following highway facilities: 1. Signs 2. Guardrail 3. Intelligent Transportation Management System (ITMS) facilities 4. Lighting 5. Signals 6. Paving 7. Bridges 8. Drainage Structures 9. Hazmat incidents 10. CLIENT vehicles and off road equipment except totaled vehicles and equipment Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 10 C. Identification and Pursuit PRS shall to the extent possible: 1. Identify the individual(s) and/or company which caused the damage 2. Identify responsible third parties 3. Identify available insurance coverage maintained by the responsible third party/ies 4. Identify the specific damage to property and potential return 5. File any insurance claims with the third party’s insurance carrier and pursue the maximum recovery available for the CLIENT 6. Support queries and inquiries about submitted claims 7. Interact with CLIENT offices of [enter departments, such as Safety and Legal Services]as appropriate, to support negotiations with responsible individuals or parties and/or their representatives (such as their insurance companies) regarding: a. Payment process for non-insured motorists b. Legal actions against responsible parties c. Court Appearances D. Documentation PRS shall prepare the following: 1. Repair estimates 2. Invoices 3. Cover Letters 4. Other documentation and resources as required E. Reporting 1. PRS shall provide electronic Monthly Reporting in a form similar to the report attached as Exhibit A.2 to the Agreement, which shall include on a per-claim basis, the total amount requested on behalf of CLIENT, the portion of that amount that was a Charged Administrative Fee, the portion of that amount that was an Expense, a description of the Expense, the amount recovered, the date of receipt, the amount compromised in settlement, the amount retained by PRS as a Paid Administrative Fee or Reimbursed Expense, and the amount forwarded to CLIENT. F. Administration Fee PRS may add to the damage claim filed a reasonable fee of no more than five hundred dollars ($500.00) for any claim for which the third party’s insurance carrier has additional requirements during negotiations (“Charged Administrative Fee.”) A Paid Administrative Fee means an Administrative Fee or a portion of an Administrative Fee that was fully paid by the third party’s insurance carrier as part of the damages “on top” of the base damage claim, and therefore may be deducted from the amount recovered and may be retained by PRS. For example, if PRS submits a damage recovery claim in the amount of $4,500.00, which includes a base recovery claim of $4,000.00 plus a Charged Administrative Fee of $500.00, and the responsible third party pays the entire $4,500.00, then the $500.00 is a Paid Administrative Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 11 Fee. PRS will deduct the $500.00 from the amount recovered and use $4,000 as the recovery amount when calculating the percentage due to CLIENT. In contrast, if the responsible third party pays only $4,000.00, there is no Paid Administrative Fee and PRS will use the entire amount recovered ($4,000.00) when calculating the percentage of the recovery amount due to CLIENT. Administration fees will be retained by PRS. G. Expenses and CLIENT Litigation Costs a. PRS Charged Expenses. PRS may incur reasonable expenses in performing the Services, such as expenses for structural engineering or technical certified expert reports, and may add the amount of those expenses to the damage claim filed. Such expenses are “PRS Charged Expenses and must be approved by the client prior to incurring the expense b. PRS Reimbursed Expenses are the entire PRS Charged Expense or a portion of the PRS Charged Expense that was paid by the third party as part of the damages “on top” of the base damage claim. PRS will deduct Reimbursed Expenses from the amount recovered and retain them, and will not include the amount of Reimbursed Expenses when calculating the percent of the recovery amount to forward to CLIENT. For example, if PRS incurs an Expense of $50.00 when preparing a $4,000.00 claim, PRS will request $4,050.00 from the responsible third party, with $50.00 being the PRS Charged Expense. If the responsible third party pays $4,050.00, the $50.00 is a Reimbursed Expense. PRS will keep the $50.00 and use $4,000.00 when calculating the percentage of recovery amount due to CLIENT. In contrast, if the third party pays only $4,000.00, PRS will not receive reimbursement for the expense and will calculate the amount due CLIENT on the entire amount received. c. CLIENT Litigation Costs. CLIENT is responsible for all costs of litigation, including costs related to preparation of documents, depositions and court reported or recorded statements, expert witness fees, and attorneys’ fees. CLIENT will include such costs in the litigated claim for damages. When the litigated claim is settled outside of court or resolved in court, the recovery amount first will be reduced by the amount of CLIENT’s Litigation Costs before the remainder of the recovery amount is allocated between the Parties. If PRS receives the payment, PRS will forward to CLIENT the entire amount of CLIENT’s Litigation Costs and CLIENT’s portion of the remaining recovery amount to which CLIENT is entitled. If CLIENT receives the recovery amount directly, CLIENT will retain the entire amount of CLIENT’s Litigation Costs and will forward to PRS the portion of the remaining recovery amount to which PRS is entitled. Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 12 Duties of CLIENT A. Required Claims Referral When Damage is not Covered Under CLIENT’s Insurance Policy 1. To prevent duplication of efforts, CLIENT, at its discretion, shall refer Property Damage (Third Party Responsible) claims in excess of one hundred dollars ($100) that are not covered under the CLIENT’s insurance policies to PRS or notify PRS in writing of its decision to pursue a claim on its own. CLIENT will refer such claims to PRS in an electronic format, whenever reasonably possible. PRS will not be responsible for such claims under one hundred dollars ($100). 2. Claims referred to PRS by CLIENT under this subsection generally cannot be recalled by CLIENT prior to the expiration of 12 months. However, if CLIENT desires to cancel the claim, CLIENT may notify PRS that the claim is cancelled and PRS shall no longer pursue it. B. Permitted Claims Referral When Damage is Covered Under CLIENT’s Insurance Policy 1. CLIENT is solely responsible for filing claims with its own insurance carrier as it desires. Such claims include claims related to property damage caused by a third party that are covered by the insurance policy. 2. CLIENT may, but is not required, to refer Property Damage (Third Party Responsible) claims that are covered under the CLIENT’s insurance policies to PRS as an alternative to filing such claims with the CLIENT’s insurance policy, or in addition to filing such claims with the CLIENT’s insurance policy. 3. Once CLIENT has referred a claim to PRS, the CLIENT generally may not recall the claim prior to the expiration of 12 months. However, if CLIENT has submitted a claim for damages to its insurance carrier and the carrier has not denied coverage for the claim, the CLIENT may recall the claim at any time in order to comply with the requirements of its insurance policy. PRS will have no rights to recoveries or fees for a claim paid by CLIENT’s insurance carrier or for which CLIENT’s insurance carrier has rights of subrogation. 4. If CLIENT’s insurance carrier has paid CLIENT for a loss that includes PD3 losses for which PRS has obtained a recovery, CLIENT is solely responsible for notifying its insurance carrier of the recovery and complying with the reimbursement provisions of the insurance policy. C. Cooperation CLIENT shall appoint a primary contact who will receive monthly reports, provide guidance to PRS about property valuations when necessary, approve or arrange for the approval of settlements as necessary, and otherwise provide reasonable assistance to PRS in the performance of this Agreement. Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 13 EXHIBIT A.2 Sample Monthly Report Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 15 Date of Accident Police Report # PRS File # Damaged Property Claim Status Total Requested Date Requested Charged Admin Fee PRS Charged Expense Expense Description Client Litig. Costs Total Recovered % Recovered Date of Receipt Net Amount Recovered (after deduction of Paid Administrativ e Fees, Reimbursed Expenses, Client Litig. Costs) Amount Due to Client Number of Days to Recover Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 16 Exhibit A.3 SERVICE PROVIDER E-VERIFY COMPLIANCE AFFIDAVIT By executing this affidavit, the undersigned Service Provider named below, which is an individual, firm, or corporation engaged in the physical performance of services in Texas under a contract with the [Name of CLIENT], affirms that it has registered with, is authorized to use and uses the federal work authorization program commonly known as E-verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in Texas Government Code Section 2264, et. seq. Furthermore, Service Provider will continue to use the federal work authorization program throughout the contract period and will contract for the performance of services in satisfaction of such contract only with subcontractors who present to Service Provider an affidavit containing the information required by Texas Government Code Section 2264, et. seq. The undersigned Service Provider attests that its federal work authorization user identification number and date of authorization are as follows: ___ Federal Work Authorization User Identification Number Date of Authorization Service Provider: Project: Peachtree Recovery Services, Inc. Property Damage (Third Party Responsible) Recovery Services I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 20 , in (city), (state). BY: Service Provider Authorized Officer or Agent Date Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary Public My Commission Expires: Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 17 SERVICE PROVIDER SUBCONTRACTOR E-VERIFY COMPLIANCE AFFIDAVIT Exhibit A.4 By executing this affidavit, the undersigned subcontractor named below, which is an individual, firm, or corporation engaged in the physical performance of services in Texas under a contract with the Peachtree Recovery Services, Inc., affirms that it has registered with, is authorized to use and uses the federal work authorization program commonly known as E-verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in Texas Government Code Section 2269, et. seq. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period. The undersigned subcontractor attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 20 , in (city), (state). BY: Subcontractor Authorized Officer or Agent Date Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Notary Public My Commission Expires Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and ay first above written. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT ATTEST: INGRID REX, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 Human Resources HR Director Megan Gilbreath CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton Ethics Code, Ordinance 18-757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 Peachtree Recovery Services, Inc. X 11/21/2025 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. City of Denton Ethics Code Ordinance Number 18-757 Definitions: Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Docusign Envelope ID: 09E0A233-8BCA-4131-8759-B0469F344B61 Certificate Of Completion Envelope Id: 09E0A233-8BCA-4131-8759-B0469F344B61 Status: Completed Subject: Please DocuSign: City Council Contract 8939 Recovery Services - Property Source Envelope: Document Pages: 20 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Christina Dormady AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 christina.dormady@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 11/20/2025 4:18:57 PM Holder: Christina Dormady christina.dormady@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christina Dormady christina.dormady@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/20/2025 4:29:29 PM Viewed: 11/20/2025 4:29:40 PM Signed: 11/20/2025 4:30:22 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.186.215.183 Signed using mobile Sent: 11/20/2025 4:30:25 PM Viewed: 11/20/2025 6:25:49 PM Signed: 11/20/2025 6:26:26 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Marcella Lunn marcella.lunn@cityofdenton.com Senior Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:6c56:7f00:dc2:6d94:2382:b3b7:27d4 Sent: 11/20/2025 6:26:28 PM Viewed: 11/20/2025 9:08:52 PM Signed: 11/20/2025 9:10:50 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Todd Rhoad todd.rhoad@peachtreers.com CFO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2601:cd:c601:2ef0::b236 Sent: 11/20/2025 9:10:53 PM Viewed: 11/21/2025 7:57:17 AM Signed: 11/21/2025 7:58:36 AM Electronic Record and Signature Disclosure: Accepted: 11/21/2025 7:57:17 AM ID: 60e3b9e0-6c5c-4127-8785-fad50efc3526 Signer Events Signature Timestamp Megan Gilbreath Megan.gilbreath@cityofdenton.com HR Director City of Denton - Human Resources Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.55.117.179 Sent: 11/21/2025 7:58:40 AM Viewed: 11/21/2025 8:13:43 AM Signed: 11/21/2025 8:13:52 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/21/2025 8:13:55 AM Viewed: 12/17/2025 10:16:03 AM Signed: 12/17/2025 10:16:48 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/17/2025 10:16:51 AM Viewed: 12/17/2025 10:28:04 AM Signed: 12/17/2025 10:28:31 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Ingrid Rex Ingrid.Rex@cityofdenton.com Deputy City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/17/2025 10:28:34 AM Resent: 12/19/2025 8:20:18 AM Viewed: 12/19/2025 10:18:36 AM Signed: 12/19/2025 11:29:05 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 11/20/2025 4:30:25 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 11/21/2025 8:13:56 AM Viewed: 11/21/2025 4:42:56 PM Electronic Record and Signature Disclosure: Not Offered via Docusign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/19/2025 11:29:09 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Tiffany Harris tiffany.harris@cityofdenton.com Risk Supervisor Security Level: Email, Account Authentication (None) Sent: 12/19/2025 11:29:10 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Todd Rhoad todd.rhoad@peachtreers.com CFO Security Level: Email, Account Authentication (None) Sent: 12/19/2025 11:29:11 AM Electronic Record and Signature Disclosure: Accepted: 11/21/2025 7:57:17 AM ID: 60e3b9e0-6c5c-4127-8785-fad50efc3526 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/20/2025 4:29:29 PM Certified Delivered Security Checked 12/19/2025 10:18:36 AM Signing Complete Security Checked 12/19/2025 11:29:05 AM Completed Security Checked 12/19/2025 11:29:11 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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