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HomeMy WebLinkAbout1997-347ORDINANCE NO / /' . AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVIDING FOR THE 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 SECTION 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 BID A ITEM NUMB NO VENDOR AMOUNT 2129 ALL MUNICIPAL SERVICES BUREAU(MSB) EXHIBIT A SSECTION II 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 to 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 SECTION III 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 sums contained in the Bid Proposal and related documents herein approved and accepted SECTION 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 in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That tins ordinance shall become effective immediately upon its passage and approval 4d PASSED AND APPROVED this day of d)&&&?6er , 1997 JACK MILLER, MAYOR 7h.� 4 -7�0,v� ATTEST JENNIFER WALTERS, CITY SECRETARY BYIt*QAZ_ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID # 2129 BID NAME BILLING AND COLLECTION OF MUNICIPAL TEXAS DIVERSIFIED AMBULANCE FEES SERVICES MEDICAL REIMBURSEMENT BUREAU DATA SYSTEM OPEN DATE NOVEMBER 13, 1997 (MSB) SYSTEM INC # x1i "01 L 'YON V000A i NpCl1z VMx1tDt5R BILLING COMPENSATION WILL BE A FIXED PERCENTAGE OF FEES 8 90% 15% 10% COLLECTED COLLECTED COLLECTED 2 _% BAD DEBT COLLECTORS COMPENSATION WILL BE A FIXED 8 90% 26% PERCENTAGE OF FEES COLLECTED COLLECTED COLLECTED AGREEMENT FOR COLLECTION SERVICE STATE OF'TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the or- day ofbleMkOr I9_ by 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 as "CITY") and MUNICIPAL SERVICES BUREAU, with its corporate office at 5912 Balcones Drive, Suite 100, Austin, Texas, hereinafter called ("MSB") acting herem, 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 MSB, as an independent contractor, and the MSB hereby agrees to perform the services herem 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 herem are in connection with the following described project To provide billing and collection services for ambulance fees The object of the service is to implement billing and collection procedures that will increase revenue, as well as reduce personnel costs and time ARTICLE II SCOPE OF SERVICES The MSB shall perform the following services in a professional manner A The MSB shall perform all those services as necessary and as described in the CITY'S Request for Bid for Billing and Collection of Ambulance Fees which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herem and in MSB"S proposal which is attached hereto and made a part hereof as Exhibit "B" B Patient Contact -Billing MSB agrees to provide and maintain a billing office in behalf of the City At the request of the City, MSB will file Health Insurance Claim Forms in the name of the City with insurance companies, Medicaid, Medicare, Workers compensation or others in an attempt to facilitate payment of a Patients' EMS bill MSB, in the name of the City may also mail statements, telephone or otherwise contact Patients, the responsible party, insurance company, Medicaid, Medicare, Workers compensation or others in order to attempt to collect those bills owed by the Patients or the responsible party The City will provide the name and last known address of the responsible party, if any and all information available regarding the charges incurred If a bill becomes delinquent, the account may be transferred to our collection division C Patient Contact or Delinquent Accounts If a Patient's account becomes delinquent, MSB may mail collection notices, telephone otherwise contact Patients in an attempt to collect those delinquent accounts All contact made will be as a third -party collection agency D Correct Information MSB will rely on the City to provide correct information about the Patient's bill and specifically, about the dollar amount in question, and the City will immediately update and correct any information it has provided to MSB In particular, the City will within one (1) business days notify MSB of any payment or other satisfaction of the account made directly to the City, or any other action affecting the amount or timing of monies owed by the Patient to the City When additional information is needed, the hospital will be contacted first, then the Patient E Collections and Settlement — MSB shall in all cases attempt to collect the total sum of outstanding receivables and charges owed by the debtor on an Account However, MSB 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 CITY F Notification of Claims — MSB agrees to promptly advise CITY of any clamis asserted against CITY by any debtor G Return of Accounts — Unless this Agreement shall be terminated as hereinafter provided, and unless CITY 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 365 days H Withdrawal of Referred Accounts — CITY may withdraw any Account assigned to Collector at any tune for any reason I Legal Action/Credit Bureaus The City authorizes MSB to report delinquent accounts to the credit bureau of MSB's choice MSB shall have no liability for any amounts uncollected and in no event shall be required to bring any suit for collection of any such uncollected amount Should the City and MSB mutually agree that a suit is the proper course of action against a Patient to effect collection, MSB would request written authorization from the City before proceeding I Nullification of Collections The City will within one (1) business days notify MSB of accounts referred to MSB for collection that have been paid or disputed by the Patients directly to the City whenever that payment or dispute occurs By the fifteenth of each month, MSB will provide detailed reporting to the City to identify all accounts known to be collected during the prior month and to remit monies collected on the City's behalf The City authorizes MSB to endorse negotiable instruments made payable to the City and provided to MSB for payment of monies due and to deduct commissions due on those accounts paid directly to MSB from the amounts collected by MSB K 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 December 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 MSB 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) MSB violates or breaches any term or condition of the Agreement, or (u) CITY reasonably determines that there has been an adverse change in MSB's financial condition MSB 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, (n) MSB shall immediately cease all collection efforts 2 C If MBS gives the sixty days notice to end this Agreement, all accounts shall be immediately returned to the City and no compensation shall be paid to MBS past the termination date If the City gives sixty days notice to end this Agreement, MBS may continue to render its services on the accounts it has for thirty days after the termmation date and shall be paid the compensation established by this Agreement After the thirty day period, MBS shall return all accounts to the City without receiving further compensation, except MBS may retain accounts for which the debtor has signed an installment agreement until the expiration of the time in which monies are to be paid under the agreement MBS shall be bound by the terms and conditions of this Agreement as to the accounts it is authorized to retain after termination ARTICLE IV COMPENSATION MSB as full compensation for its services, shall for all accounts referred by the City to MSB for billing for which the City is paid (in whole or in part), regardless of whether payment is accepted directly by the City or by MSB on the City's behalf, the City will pay to MSB, in Travis County, Texas a 8 9percent commission rate on the amount collected This Commission rate will apply to all accounts referred to MSB regardless of when the amount due is actually collected unless the provisions of Article III of this Agreement apply ARTICLE V REMITTANCES MSB shall remit to CITY all funds received on CITY Accounts along with a monthly remittance report by the 15th of each month, for the previous month collections The City shall notify MBS of payments made directly to the City within one (1) business days of receipt and the City agrees to remit to MBS within 20 days of receiving MBS's statement, any amount due MBS ARTICLE VI INDEPENDENT CONTRACTOR The MSB shall provide services to CITY as an independent contractor, not as an employee of the City MSB shall not have or claim any right arising from employee status ARTICLE VII INDEMNITY AGREEMENT THE MSB 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 MSB 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 VI1I 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 parry's disagreement may include the other party to the disagreement without the other's approval ARTICLE IX REPORTING TO TEXAS DEPARTMENT OF HEALTH A Data Submissions MSB will electronically submit, on behalf of the City, the Texas Prehospital Standard Data set for all trauma, submersion (drowning and near drowning) and suffocation patients transported by ambulance An electronic record will be subtnitted for each patient Patients transferred between hospitals will also be included when submitted to MSB by the City B Correct Information MSB will rely completely on the City to provide the correct information to be reported Only the information supplied by the City on the Run Report will be submitted to the Texas Department of Health, Trauma Registry ARTICLE X RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the MSB, 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 MSB, 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 mad 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 MSB TO CITY MUNICIPAL SERVICE BUREAU CITY OF DENTON Attu Thomas Bellavia Ann Kathy DuBose Title President Title Assistant City Manager for Finance 5912 Balcones Drive, Suite 100 215 E McKinney Austin, Texas 78731 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 6 pages and 2 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 4 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 MSB 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 MSB 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 MSB 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 MSB shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by MSB or under its supervision MSB 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 MSB 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, Imitation 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 arising 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 M MISCELLANEOUS A The following exlubtts are attached to and made a part of this Agreement 1 Exhibit "A" Request for Proposal for Billing and Collection of Ambulance Fees 2 Exhibit `B" Proposal Billing and Collection Ambulance Fees 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 MSB will promptly advise CITY of any Account on which it receives a nonce of bankruptcy D MSB will accurately and fairly report all accounts to the credit bureau E 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 Ci,' Manager and MSB has executed this Agreement through its duly authorized undersigned officer on this the o_ day of��p762I^ 19 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPR ED AS O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By WITNESS CITY OF DENTON, TEXAS Ted Benavides, City Manager SE ICES BUREAU aamee M.! 0