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HomeMy WebLinkAbout1997-224ORDINANCE NO 97-a011/ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THEI EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used, for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SP' .TC ION I That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the 'Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items B;ID ITEM NUMBER SL2 VENDOR AMOUNT 2061 ALL NATIONAL CREDITS, INC EXHIBIT A SF.TION 1111 That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees tol purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SP. TIIONITTITT That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified isums contained in the Bid Proposal and related documents herein approved and accepted SF. TC ION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor to the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of l2 1997 67 J MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SUPALYO BID # 2061 BID NAME MISCELLANEOUS COLLECTION SERVICE OPEN DATE NNE 3,1997 NATIONAL CREDITS # DESCItA'TION VENDOR COLLECTORS COMPENSATION WILL 17 5% BE A FIXED PERCENTAGE OF FEES COLLECTED EXHIBIT A DATE AUGUST 19, 1997 I t ' TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 2061- MISCELLANEOUS COLLECTION SERVICE RF.COMMFIWDATiON: We recommend this bid be awarded to the lowest bidder, National Credits, Inc , in the amount of 17 5% of debts collected Estimated expenditure is approximately $16,000 00 SUMMARY: This bid is for a fixed percentage to provide collection services for miscellaneous account receivables Account receivables that are owed to but have not been collected by the City can include services for utilities, mowing, demolition, and other miscellaneous accounts The 17 5% bid is a significant decrease over previous contracts at 28% for similar services Customer Service Division, Denton as well as other users of the service FISCAL IM$ACT. Although our estimated contract expenditures are approximately $16,000 00 there is no budget impact The 17 5% is a result of a "bad debt" collection Attachments Tabulation Sheet Approved Name Tom D Shaw, Title Purchasing Agent 899 AGENDA 4 Respectfully submitted Kith i e Executive rector of Finance BID # 2061 BID NAME MISCELLANEOUS COLLECTION SERVICE OPEN DATE JUNE 3,1997 J V SMITH NATIONAL CREDITS MUNICIPAL SERVICES BUREAU # pESCIxIYTCpi YENAOR VENpOR YEN11OR % COLLECTORS COMPENSATION WILL 25% 17 5% 28% BE A FIXED PERCENTAGE OF FEES COLLECTED i PROFESSIONAL SERVICES AGREEMENT FOR COLLECTION SERVICE STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the / 51-day of Ali%& IOtA 1997by and between the City of Denton, A Texas Municipal Corporation, with its principal office at 215 E McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to gsSG "CITY' 6 �N fI NATIONAL CREDIT, INC , with its corporate office at Nve.riM6�6v� w viAE-/N/A2S%Dh hereinafter called the ("COLLECTOR") acting herein, by and through their duly authorized representative WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT The CITY hereby contracts with COLLECTOR, as an independent contractor, and the COLLECTOR hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project To provide collection services for miscellaneous account receivables Account receivables that are owed to, but have not been collected by the City, can include services for utilities, mowing, demolition and other miscellaneous accounts The object is to increase revenue collections and maintain a professional approach when managing "bad debt" accounts ARTICLE II SCOPE OF SERVICES The COLLECTOR shall perform the following services in a professional manner A The COLLECTOR shall perform all those services as necessary and as described in the CITY'S Request for Bid for Utility and Miscellaneous Collection Services which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B Referral of Accounts - Collector agrees to accept all first placement accounts receivable referred to Collector for collection ("Accounts") by CITY It is expressly agreed that any and all Account information disclosed to Collector through placement of Accounts will remain in the strictest confidence and will not be disclosed to any other party without CITY written authorization C Collection Efforts — collector's services and collection efforts shall include the sending of demand letters, attempting telephone contact with debtors, attempting to locate debtors and obtain updated financial and credit information with respect to debtors, and acquiring payment arrangements from the debtors in order to satisfy the indebtedness to be collected For each Account, Collector shall make these collection efforts for a period of at lest 180 days from receipt of the Account If collector has not succeeded in collecting any part of the Account during that time period, then Collector shall submit its findings and recommendations to CITY D Collections and Settlement — Collector shall in all cases attempt to collect the total sum of outstanding receivables and charges owed by the debtor on an Account However, Collector shall have the authority on behalf of Creditor to collect, compromise, adjust or settle any and all Accounts placed with collector so long as the sum collected, compromised, adjusted or settled is previously approved and agreed to by Creditor E Notification of Claims — Collector agrees to promptly advise CITY of any claims asserted against Creditor by any debtor F Return of Accounts — Unless this Agreement shall be terminated as hereinafter provided, and unless Creditor expressly agrees otherwise, in advance, for each Account, Collector shall cease its activities and return the Account to Creditor if (I) no collection arrangement has been made within 180 days of receiving the Account, or (u) after having made a collection arrangement for a particular Account, no amounts are collected by the Collector for a continuous period of 180 days G Withdrawal of Referred Accounts — CITY may withdraw any Account assigned to Collector at any time for any reason H Reporting — Collector shall submit to the CITY, Activity reports and such other information relative to the Accounts as requested in the Request for Bid and attached as Exhibit "A" If there is any conflict between the terms of this agreement and the exhibits attached to this agreement the terms and conditions of this agreement will control over the terms and conditions of the attached exhibits ARTICLE III PERIOD OF SERVICE A This Agreement shall become effective on November 1, 1997 The Agreement is effective for a period of one year however the agreement is renewable each year by agreement of the parties The CITY and the COLLECTOR must each give written notice to the other party at least 60 days before the contract ends for the renewal to be effective B CITY may terminate this agreement immediately by oral or written notice if (I) Collector violates or breaches any term or condition of the Agreement, or (u) CITY reasonably determines that there has been an adverse change in Collector's financial condition Collector shall still be entitled to receive its fee as provided in ARTICLE IV In case of termination hereunder this paragraph (i) all accounts and file materials shall be returned immediately to CITY, (ii) Collector shall immediately cease all collection efforts ARTICLE IV COMPENSATION The COLLECTOR as full compensation for its services, COLLECTOR shall receive a contingency fee of 17 5% on all money collected on the accounts placed for collection FEE FOR LEGAL COLLECTIONS WILL BE 35% NO LEGAL ACTION WILL BE TAKEN WITHOUT THE EXPRESS APPROVAL OF The City of Denton ARTICLE V REMITTANCES COLLECTOR shall remit to CITY all funds received on CITY Accounts along with a monthly remittance report by the 15`h of each month, for the previous months collections ARTICLE VI INDEPENDENT CONTRACTOR The COLLECTOR shall provide services to CITY as an independent contractor, not as an employee of the City COLLECTOR shall not have or claim any right ansing from employee status ARTICLE VII INDEMNITY AGREEMENT THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE CITY, AND INCLUDING WITHOUT LIMITATION DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A LIABILITY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGREEMENT AND NOTHING HEREIN SHALL WAIVE ANY OF THE PARTY'S DEFENSES, BOTH AT LAW OR EQUITY, TO ANY CLAIM, CAUSE OF ACTION OR LITIGATION FILED BY ANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, WHICH DEFENSES ARE HEREBY EXPRESSLY RESERVED ARTICLE VIII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any dispute under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE IX BOND During the performance of the Services under this Agreement, COLLECTOR shall maintain the following surety bond with a surety licensed to do business in the State of Texas and in a form approved by the City Attorney A A surety bond in an amount for at least $10,000 00, guaranteeing payment to the city for monies due the city under the contract period and to be in effect for the term of this Agreement and for a period of ninety days thereafter ARTICLE X RESPONSIBILITY FOR CLAIMS AND LAIBILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the COLLECTOR, its employees, associates, agents, subcontractors and subconsultants for the competency of their work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any work by the COLLECTOR, its employees, subcontractors, agents and consultants ARTICLE XI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States marl at the address shown below, certified mail, return receipt requested unless otherwise specified herein Mailed notices shall be deemed communicated as of three days mailing TO COLLECTOR NATIONAL CREDITS, INC 7� Atm mi?ELL C.wsrotgsEt )503'5 CHETLAND PLACE _ kjOQ151DN TX 77045 El TO CITY CITY OF DENTON Atm Kathy DuBose Title Executive Director of Finance 215 E McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing ARTICLE XII ENTIRE AGREEMENT This Agreement consisting of 7 pages and 1 exhibits constitutes the complete and exclusive statement of the terms of their agreements and supercedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof ARTICLE XIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE IV COMPLIANCE WITH LAWS The COLLECTOR shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XV DISCRIMIANATION PROHIBITED In performing the services required hereunder, the COLLECTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XVI PERSONNEL A The COLLECTOR represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have an contractual relations with the city COLLECTOR shall inform the CITY of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement B All services required hereunder will be performed by the COLLECTOR or under its supervision COLLECTOR shall ensure that all personnel engaged in work are duly qualified, and permitted under state and local laws to perform such services ARTICLE XVII ASSIGNABILITY The COLLECTOR shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY ARTICLE XVIII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing, duly executed, and, the parties further agree that the provisions of this section will not be waived unless as herein set forth ARTICLE XIX MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement 1 Exhibit "A" Request for Bid for Utility and Miscellaneous Collection Services B Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas C Collector will promptly advise CITY of any Account on which it receives a notice of bankruptcy At CITY request Collector will file a proof of claim on behalf of CITY in CITY name D If Collector's efforts result in collateral, securing an Account, being returned to CITY, then Collector shall be entitled to receive the standard fee that otherwise would have been paid under Article IV herein, based on the net amount that CITY receives from the sale of the collateral The cost to CITY of repossession, storing and selling the collateral shall be deducted from the amount of sale proceeds collector is paid a fee on CITY shall report to Collector when the collateral is sold, and the sale price CITY shall then remit Collector's fee hereunder within 30 days from receipt of payment from the purchaser E Collector will accurately and fairly report all accounts to the credit bureau F Collector will provide technical support to enable electronic placement of accounts Collector will also provide software to enable account balance review, and collector comments review of accounts held by collector To comply with the specifications of the Request for Bid attached as Exhibit "A" G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and COLLECTOR has executed this Agreement through its duly authorized undersigned officer on this the 1Qt day of 1952 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY By AP P ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY r By .�� `}''y WITNESS 7 Ted Benavides, City Manager NATIONAL CREDIT, INC By _ Name Title STATE OF MINNESOTA ) COUNTY OF HENNEPIN) $5. o JAN 9 1998 before 111e, a Notary Public within and for said Count' and Stale, rsonaMosceplicoMporation known to me to be the Attomey in F«t of Nli D PACIFIC t cormation scribed m and tbaexecuted ►� within an exe o�n instrument in a ondd (s)he duly acknowledged me CAAA" AAM PATRELLA I WOLF Notary Pubic Minnakote l U Anoka County M CandmuWv Tres13100 >ivl t'a.ib�-f+�r Ja "�dt \+4 e�h t i'IN ` "!h � '` r� � , 1' � t � i � t ° °P,✓ t S I I` Bond N: U 2775853 I s f v a I I �, f i &IONT, CONTRACT sz „I au 'Is KNOW ALL,MEtSrrR�l1*,THESE , PRESENTS',] rNhat, Wei, UTILITY COLLECTIONS LTD PEA NATIONAL CREDITS INC. 8%;fir"pip al 'aind UNITED PACIFIC INSURANCE COMPANY , a S rety Company, }"Kn rt.o rr (r py ij aJ`{r having Its, H qA mW"Of F Ce at ,PhilaQ phis; PA, duly authorized to do business 'in the State of Newl Jeraey,,,i=jaa surety, laratheld 'and firmly bound unto CITY OF DENTON, as Obligee, 1n't g,I'l, o5 T3NITHQUSRI�tf'DOLLARS NO/100 ($10,000), for the payment of which "I sum the saidx'z it�p �a9}I, and, Buret do')ointlly and severally bind themselves, their heirs, execut sh,=. a iYnkhjstrators, �,rsucbeseors and assigns, and each and every of them ` firmly by the a0;prb'sents., +�-` 14 Signed,a Aaled4 hd deliyered< thLie 09 DAY OF JANUARY, 1998 � , h „r t' 4 �,..ra _ i r „I THE COND ON'OFiI IS,,O$kTGATIOR IS`SUCH THAT WHEREAS, the above named Principal has,agreed to x,celllec�� extain,°aacouhts'£o'r, .the above named obligee gasp r a Collection y' Agreement dat oA1 he ;:.«,gT daj� o£)r^ ,i11QVEMB R 19 +� i3 t' elo-f J, i , , y NOW, THE P,ORE, jIf£ the ea'jd Pkii'rnoipal shall well and truly and faithfully account for all fun eiit`4 00, to l It, , ao leotedt or received by it in its iapacity as a Collection A 6 cy,,,,thent',thls ;Obl'ig9t an" shall be null and voids otherwi$e to remain in full force a Ig)e£isbt.�eubjectAo thet.following conditions: 1. Th he7sfSl�Yety may,;f candil= its, 4.ziability under this bond at any time by nol Xr to„it'h,e,(,Qbligee;,� (n sa9t, thirty (30) days in advance of the date of 2. Th t�� the,, ii el5iplityGl of 4tbeejpurety =under this bond to the Obliges for one or M40 is =de`fa d of the. Pr ngipal shall not exceed in the aggregate sum of TEN `f b AND"D6LLAaB NO11100, ` Y6 000 . 3. ThP t, t=no ` duirta, F option or,- proceeding shall be brought against the surety hereaunder ;unless �t4he' same be }instituted within three (3) months after the da el'o`f ,ex, ration. or ;candeliation_of this bond - 4. Th si,'"�Drtdi guarani ��'s.,on}y that the Principal shall faithfully account for al " funds �'ntru'sted'° to l'tt tool`lected or received by it in itr capacity as a 0o�'lectioa,Agerioy, r(1} N it f •f I f 5. Th t`Xgn f tlhs event} of any]=default- on the part of the Principal, a written st t'ement,jof'the-It 1 f4cts,doqumenting the date and nature of such default shall be 4�`Vi3n41by«the,,ObligeoffIto,,the=`Surety as promptly as possible after such de quit h4 ',become ,knbwp to the Obligee, and shall be forwarded by ' re ieters 'mail tordthe �Syr®ty,. � EFFECTI ;;DATE`e�`fi.JANUARYt,1051,W99a r« , ' t"j(s ,d� rr�7i'v, Y i , Counts rredl�i"�} ° UTILITY COLLECTIONS, LTD €5 .3=@j �'RBAsNATI NAL REDITS, INC. 14 Llceris i��R68i'11ESAgerit Principal YA d, + ,,I a ,UNITED PACIFIC INSURANCE COM NY Ez y Y s ,E _ If Linda E. Giancola, Attorney -in -Fact It t of } I +=r Y + " IF u I I 1 I 1 - I I �t� lie f ,ta - y! s , t I L }If q x Ft` Flits i f t + i - j �4fA rvt ij � ♦4� � _ ` i [7 i� 1 I , I1 f r I ' 1 1! _ ,t I Y Ot �1 {{ ,f �l, � f' ^ I � I ,4 ,I ^ELIANCE SURETY COMPANY UNITED PACIFIC, INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del aware, and Ihet RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin Therein collectively called "the Companies") and that the Companies by virtue of signature and seal@ do hereby make constitute and appoint Undo E Olancals Janie St Mancini , of Bloomington, Mlin osoto their true and lawful Artorney(s) in -Fact to make execute seal and deliver for and on their behalf, and as their act and deed My and as bond@ and undertakings of suretyship and to bind the Companies thereby as fully and to the some extent as it such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s) in -Fact may do in pursuance hereof This Power of Attorney Is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading so follows AIITICI@ MI aXffCVnON OP BONDS AND MODITAXINOa 1 Tlra Bawd d DNr1M @,e hrltlerA as Cn tit,, of ea Bare sw @oar M. PrWft on, Moo Prewesa or A ont MM firviolws to odrr of loor drpnaed in, tho Bord d Directors Nat hoe Peww ad ,iAlnnm to Id MPerlt AaarrlrykHM1Fr1 one r eAhrke Aant to reaute on b" Of ale CanPary tons" red ,A,dertdY,I,et rr"ntaaea tomnro of'nd n,n r and other wilting obli@rM In tie tiers dw"n and all to rM,w sty turn AftomwNHI1`e01 d ens ante end wads ea Poryr aid dielerAv even to trrerir 2 Auto 141 byI1rt IMe hie Power n1 "herm, wibim to tier trine W MMtalans of tie Power d Aaerrwy awed to thw to exrount adlyer on bdwif of tie Comrny bdndl rid w 41dn" reoottor,a110r. eansreaa of I aw"ritty era oilier wmit" oWeeM In tie noose sonoef The or"rw rd a tit n000roory fa tie vebary d to Cords W red Mnee reroontionor boMerb d it" nnlly red ~ w111111ee aMlBetey n tie noun therNf e AttionomeHnPMI atoll tow Power sill 4WWXy to ",aid d11Nrns nQuinid to ter Method to bards rraMrrrer @anew on mdotnmy r @ear rondaena a amaatary unr1"Y," rite tiny daa dos hero Prtr AM wANft Is —Oil die anrld41 aterernw or der CMPsry olio to sae" of as By -Low of e„ Con` w to Mr woo a reran rhorrf Thal Pswr of Attrny N @ranee 911111041011 ny fr"nil, seder did by Mnrny Of Ifs foeawire rwe,Mn adosto r by into dewain, rid Finer@ Conn ivrer d tie Bear" d Dlroa. d Adam ir"xayp Canprry, Umod P,dae insurers, comperry and Repot" Neerrsl IM M" Catnsar by Unatntw Contra, dead a of FrOn ory 28 1084 anti by the Exwunv, eM Fnonoa Camdao, of on @end of DlNston of Rdlew, Sunni CMPat, by Vnenlmw cared dote r at MMM 71 1904 Rosol"d OWN er elWe Of Such "oa1M rid @Maw orr ei, "d d er Canna may M ~ to cry wdh Poo or of Aerrnsy or cry rruneerw rdelns therwe by f"dmile and dint Fan PMW of Antonin, r oaelleM 11801411111 Irish faedndN OWM ur Or fwI I ordi dr" M vend o d MA yen in Cwprry eM . ern Poww to we"" dna irate st M fwtdm" Ilerratur" wr fodm" no d1M M yolid nd Mnery Wanes Canowry a er,WANING wM rrPM to cry baM or udertdblns to wHtl, n a weaned IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed this January 28 1997 RELIANCE SURM COMPANY ylAd` RELIANCE INSURANCE COMPANY room UNRED PACIPIC INSURANCE COMPANY RELIAN EE NATIONAL INDEMNITY COMPANY STATE OF Pennsylvania } COUNTY OF Philedsi hla Ise On this, January 28, 11997, before me, Tammy Bue Katfetl, personally appeared David T Aker , who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vlas President of Reliance Ineurarloe Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer In witness whereof, I Ihereunto sat my hand and ofciod soa, 04t NOTAfiAL SEAL TAMMY SUE i1�AYATV, Pb18ry Ptof phNsdNoft PhIIR OOY Notary Public t nd for the State Pennsylvania Residing at P elphia I, Anita 2lpppeurtt Secneta of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY and RELIANCE NATIONA�, INDEMNITY COMPANY do hereby certify that the above and foregong is a true alnd klorr of copy of the Power of Attorney executed by said Companies, which is still In full force and effect UFU`I J 1998 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of sell Companies this do of 19 _ t �{j.sPMy�a+.ej Secretary 's r� �®1 Y•�t•(•R•� 'PP»se d eP*'�'., �•{ errs,,, . ,P�' w WL • � �rOe/ d O r,,, tiaarN✓ Aw Sent By COD Customer Service, 940 349 7211, Jul-27-01 11 59AM, Page 2/2 JUL 25 01 (WED) 19 49 CITY OF DENTON PUAOXASIKO 940 $49 7902 PAGE 2/2 BID NUMBER Z061 BID PROPOSALS pope 2 of 2 ONpa OMOnoTan Mob TOM OL ltNallaalagONIM1wsm OwIftTeas 74M ITEM CE8O1,1I1"N QUAN PFWA AMOUNT Celleatorn aempowastion will be s fized percentage � x of feels collected . Did sward will be baser) on the highast percentage offered by tba responding bidders sad aos*lianae with bid re"trawsots. TOTALS We quota UN d0ow Ion.* WI-@ from receipt of order Terms rAIM unlesselhar`1 WANOWIed. In e1Amlit" Ile 40" Old, 11a vandor arm JI M we"nse of any or e(I Old 11ams ev the Oily of Demon, Tans wNh1n a reaaunls Bawd of this aaneNtaea a aonawM. TM 04"dad Old Propow must be propeft pftW, signed and raWWAd, /' ojrrs tAmwel tie-ifC L INUMwaw. . x-rpgJc- hlofkooe Au iRQ Ig M A + i This