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HomeMy WebLinkAbout1996-229ORDINANCE NO g&�- 9 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 ITEM NUMBER Na VENDOR AMOUNT 1927 ALL DIVERSIFIED HEALTH CARE/ $54,250 00 DOCTORS REPORTING SERVICE 1953 ALL CUMMINS UTILITY SUPPLY $16,212 50 SECTION IT 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 SR_CTION 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 this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this/jtday of 1p., 1996 (�C� A� C-� JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY a APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A114&U SUPPLY 6RD DATE OCTOBER 15, 1996 � ► ' 17;yY TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT RFSP #1927 BILLING AND COLLECTION OF AMBULANCE FEES RECOMMENDATION* We recommend that Request for Sealed Proposal #1927 be awarded to Diversified Health Care/Doctors Reporting Service SUMMARY: This proposal is for the privatization or outsourcing of the billing and collection of EMS fees The proposal submitted by Diversified Medical Health/Doctors Reporting Service (DRS) is intended to improve collection rates and expedite the billing process Diversified Medical Health is the group that will do the initial billing at a rate of 10% of amount collected Doctors Reporting Service will handle bad debt collections for those indicated by the City at a rate of 25% Additional details about the program were presented to Council at the September 24, 1996, work session BACKGROUND: Contracts for Diversified Medical Health and Doctors Reporting Services, Memorandum from Jern Ramey, Treasury Services Manager PROGRAMS, DEPARTMENTS OR -GROUPS -AFFECTED. Customer Service Division, Emergency Medical Services FISCAL IMPACT• The estimated expenditure for these collection services is approximately $54,250 00 and has been included in the 1996/97 budget Respectfully submitted Ted Benavides City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 780 AGENDA M E M O R A N D U M DATE October 1, 1996 TO Tom Shaw, Purchasing Agent\� FROM Jern Rainey, Treasury Services Mar geli U SUBJECT BID #1927 Please schedule hid #1927 for City Council consent on October 15,1996, Representatives from the Finance Division and the Fire Department recommend Diversified HealthCare/Doctors Reporting Services (DHC) to outsource EMS billing and collections In July, 1996, the City requested proposals for EMS billing and collection services We received six (6) responses to that request Three (3) of the vendors Linda Nabors, h ikes Transporting Services, Inc , and National Credits, did not meet the minimum qualifications required by the City Municipal Services Bureau, Diversified HealthCare/Doctors Reporting Services, and Texas Medical Data Systems were interviewed and evaluations were made from their proposals DHC has the lowest bid of the three (3) qualified vendors Our goal is to increase revenue collections for EMS DHC has the staff, resources, and experience to obtain this goal for the City of Denton If you have any questions, please contact me at X8199 wp\emsbideo 14 zt/ a �tk In !!� & ! ct Go 2 Zf� to 12� 2 aR g o ° ~� $f Q * �8 f7 o% g$ R G & R& 9 � ° - & �- - _ i ® B {a } i ( ftca ! |� | &) t.% t & §§§ . | �#a #■ _ �K \}k 7 ){ \( )t5 ®a7 -e �2 b-2 k\ 04/� 0 i7 <� _ ■IL ;ms R ■ ■2 �2� �� �1I zo ©�k o ; k § DATE OCTOBER 15, 1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1953 - FIBERGLASS STREET LIGHT POLES RECOMIMENDATION. We recommend this bid be awarded to the lowest bidder meeting specifications, Cummins Utility Supply, in the total bid award amount of $16,212 50 SUMMARY: This bid is for the purchase of 35' fiberglass poles and 8' mast arms These items are for replacement of warehouse stock and will be installed as needed The lower price offered by Oberlander and Associates is for a concrete pole The poles offered by Priester and Power Supply do not provide the breakaway feature required by the City for roadway installation BACKGROUND. Tabulation Sheet PROCR__ AM_S,DFPARTMENTC OR GRDUPS AFFECTED- Warehouse Inventory and Electric Distribution FISCAL IL_MPACT: These poles and arms will be funded from Warehouse Working Capital and re- charged to a particular project as needed Respectfully submitted Ted Benavides City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 778 AGENDA T, \ 7 -- -- - - ■ @ � k ■ £ @ � a � ;(6 � s n ■ 2 y■ °- - = ¢\ Al % --- ƒ t --- \ ) — — -� —\ --\— — — — ■ m § § -- — — -------■ § — § � % ` _ ) § a � ! � § — § § � 2 ; � — `1d34 -lvn-1 NOIN34 j0 Ailo AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DOCTORS REPORTING SERVICE OF TEXAS, INC TO PROVIDE COLLECTION SERVICES ,(� THIS AGREEMENT is made on the day of aet" ' 1996, between the CITY OF DENTO , TEXAS (City) and DOCTORS TEXAS,REPORTING SERVICE OF authorized to do business in the State of Texas, to provide for the collection of certain accounts receivable of the City. The parties in consideration of the mutual covenants set forth hereinbelow, agree as follows: 1. Colleotor's Services. From time to time, the City will send accounts receivable to Collector for Emergency Medical Service ("EMS") services that are owed to, but have not been collected by the City. Collector agrees to work diligently and to put forth its best efforts to collect all monies due the City on the accounts receivable placed into the hands of Collector. Collector shall familiarize itself, its agents, servants, and employees with the Fair Debt Collection Practices Act and agrees to abide with all governing laws regarding debt collections. 2. collectoons Retention of Accounts. The Collector shall retain Emergency Medical Service accounts for a period of twelve months from the date received from the City. Collector shall promptly return the accounts to the City upon expiration of the period of time specified for retaining the account, unless an installment agreement to pay the account has been signed by the debtor within the time period Collector is authorized to retain the account. If Collector does have a signed installment agreement, the Collector may retain the account until expiration of the time period in which monies are to be paid under the installment agreement, but no installment agreement shall be made on a City account for a period of time in excess of twelve months without the city's prior written consent. Notwithstanding any other provision of this Agreement, the City may recall any account from Collector as deemed necessary, by telephone or letter 3. collectoons Compensation. As compensation for its ser- vices, Collector shall retain Twenty -Five percent (25%) of the monies collected from each account sent to Collector by the City. 4. Records and Audits. Collector shall maintain records 1n a manner that it can provide to the City, within twenty-four hours, the present status of and the collection efforts expended on all accounts receivable held by it for the City. The City reserves the right to audit all financial and work records of the Collector to assure the City that proper reporting and remittance is being made. The auditing may be by the City personnel or by independent accoun- tants, at the sole expense of the City. The audit must be per- formed on Collector's premises and the Collector will provide at its expense, work areas and documentation to assist in the audit. The audit must be performed during normal business hours, 8.30 a m to 5.30 p.m. Central time, Monday through Friday, and shall be requested at least three business days in advance. 5. Meetings To Determine Progress. collector's representative shall meet with the city's representative from time to time, throughout the existence of this agreement, as reasonably requested by the City, to review Collector's activities and to discuss any problems and/or special requirements. 6. collection by Attorney. Collector may recommend that an account be referred to an attorney for collection. In such case, the City may choose to have the account returned to the City with- out further compensation to Collector or the City may consent in writing to referral to an attorney selected by Collector. If the City consents to a referral to an attorney by Collector, the City shall advance filing fees and other court costs necessary to in- stitute and prosecute a lawsuit, but the City shall not be liable for the expenditure of any court cost or other fee in excess of $300.00 for any one account unless the City has given its prior consent. The City shall be paid sixty percent of the monies re- covered by the attorney on each account referred by Collector 7. collector's Monthly Reports. Collector shall submit to the City between the 15th and 20th day of each month a written report on all assigned accounts containing the following information. a) Name of debtor and account number b) Date debtor paid c) Where payment was made (city's or Collectors office) d) Amount of commission charged on payment e) Accounts that are paid in full f) Accounts that are being released by Collector, with the reason(s) stated g) Total of money collected for the month h) Total monies collected to date 1) A rendering of money due the City 8. Remittance of Funds. Collector will remit to the City between the 15th and 20th day of each month the net collections re- ceived by Collector during the previous month. Collector may en- dorse any deposit item requiring an endorsement as agent for the City. Collector's statement shall reflect the gross amount col- lected on behalf of the City and the net amount due Collector. The City shall notify Collector of payments made directly to the City within ten (10) business days of receipt and the City agrees to re- mit to Collector within thirty (30) days of receiving Collector's statement, any amount due Collector Page 2 -?r,es- /m i/ - 70 9. Term and Termination. This Agreement shall continue in effect from year to year, but either the City or Collector may terminate without cause at any time by giving the other party to the Agreement sixty (60) days written notice prior to the date of termination. If Collector terminates this Agreement, all accounts shall be immediately returned to the City and no compensation shall be paid to Collector past the termination date If the City terminates this Agreement, Collector may continue to render its services on the accounts it has for thirty days after the termination date and shall be paid the compensation established by this Agreement After the thirty day period, Collector shall return all accounts to the City without receiving further com- pensation, except Collector 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. Col- lector shall be bound by all the terms and conditions of this Agreement as to the accounts it is authorized to retain after termination. 10. Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by certified mail to the parties as follows: City: Kathy DuBose Executive Director of Finance City of Denton 215 E. McKinney Denton, Texas 76201 Collector: Doctor's Reporting Service of Texas, Inc. 800 E Campbell Rd , Ste 380 Richardson, TX 75081 ATTN: Jerry O'Connor, President 11. Indemnification. Collector agrees to indemnify and save harmless and defend the City at its own expense from any and every claim, demand, suit, loss, damage, cost and expense which the City may suffer or incur by reason of any claim asserted against the City as a result of Collector's acts, omissions or conduct under this Agreement 12. Independent Contractor. Collector is an independent contractor in performing the services under this Agreement. 13. Insurance. Collector shall obtain and shall keep in full force and effect during the term of this Agreement, a policy of public liability insurance in the amount of no less than $1,000,000 naming the City as an additional insured Collector shall furnish Page 3 a copy of said policy to the City. 14. Bond. Collector shall obtain and keep in full force and effect during the term of this Agreement and for a period of ninety days thereafter, a surety/fidelity bond from a company authorized to do business in the State of Texas, and in a form approved by the City Attorney, City of Denton, Texas, in the amount of $100,000 00, guaranteeing payment to the City of monies due the City under this Agreement, and indemnifying and holding the City harmless against and from any and all loss, costs, damages, larceny, theft, embezzlement or fraudulent conversion of funds due the City. 15. Assignment. This Agreement shall be binding upon, and will inure to the benefit of the successors and assigns of the City and Collector. 16. Venue. Any action brought by either party regarding this Agreement shall be brought in the court of competent jurisdiction located in Denton County, Texas. 17. Amendment. No modification, renewal, extension, or waiver of this Agreement shall be binding unless in writing, and signed by the City and Collector 18. Entire Agreement. This Agreement contains the entire and only agreement between the City and Collector regarding the subject matter hereof. 19 Effective Date. This Agreement shall be effective as of October 1, 1996. SIGNED this the day of Q.R_ i, 1996. DOCTORS WORTING SERVICE OF TEXAS, INC. ( ector) DOCTORS REPORTING SERVICE OF TEXAS, INC BY: Page 4 CITY OF DENTON, TEXAS (City) BY: TED BENAVIDES, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A 1/�_� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY C \WPDOCS\K\EMSCOLLE K Page 5 —'DR.Su COk , 4 Q 1 ` �f i C ISSUE DATE MMIDD `RTI , �" ; fM�� ar 10/( 8/1996 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE Davis -Dyer -Max Ins. Agoy, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 409 E Centerville Rd. POLICIES BELOW Garland, TX 75046 COMPANIES AFFORDING COVERAGE (972)864-0400 FAX(972)278-8400 OEOnMEPq Y A GENERAL ACCIDENT O rPfl Y B POTOMAC INSURANCE CO. INSURED DOCTOR'S REPORTING SERVICE OF COMPANY C TEXAS WORKERS COMP. INS. FUND INC. & DIVERSIFIED HEALTH LETIETX, P O. Box 460036 COMPANY D Garland, Tx 75046 LETTER COMPANY E LETTER ( ,kf , , k ,o f : , < THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ^O .TIT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMAIDMT DATE (MMrDDNY) LI''"� A GENERAL LIABILITY GENERAL AGGREGATE f 1,000, 00 X COMMERCIAL GENERAL LIABILITY TPPION183.04 PRODUCTSAOMPIOP AGO f Soo, 00 CLAIMS MADE X OCCUR 12 /0 8 /9 5 12 / 0 8 / 9 6 PERSONAL S ADV INJURY f — 0 OWNERS S CONTRACTORS PROT EACH OCCURRENCE $ 500, 00 FIRE DAMAGE (Any one Ore) $ 50, 00 MED EXPENSE (Any one Nfwn) f 5 , 00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f 500, 00 B X ANY AUTO 13AB13M3-84 ALL OWNED AUTOS 12 /0 8 /9 5 12 / 0 8 / 9 6 BODILY INJURY (Per perwn) f SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per acddenp S GARAGE LIABILITY PROPERTY DAMAGE f EXCE88 LIABILITY EACH OCCURRENCE f 1,000,00 A X UMBRELLA FORM X00078819.04 12 /0 8 /9 5 12 / 0 8/ 9 6 AGGREGATE f 1,000,00 OTHER THAN UMBRELLA FORM WORKER 8 COMPENSATION X STATUTORY LIMITS C TSFOOI1740801 12/06/95 12/06/96 EACH ACCIDENT f 500100 AND DISEASE POLICY LIMIT f 500,00 EMPLOYERS LIABILITY DISEASE EACH EMPLOYEE f 500,00 OTHER A AUTO PHYSICAL BA0137353-04 12/08/95 12/08/96 DED. COMP. 50. DAMAGE COVERAGE DED COLL. 250. DESCRIPTION OF OPERATN)NSILOCATNINWERICLE&BPECIAL ITEMS CRIME COVERAGE INCLUDED IN THE PROPERTY POLICY: $100,000 EMPLOYEE DISHONESTY, $250 DEDUCTIBLE ,,grN,�SSPAfSAIp 7Jt7Wipfi' �> I - t <j, r I, .i �! !<• XPtUY5i11TR4RIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF DENTON LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: KATHY DUBOSE LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES 215 E. MCKINNEY AUTHOR R E DENTON TX 76201 00 D ae 8 Oft. , € 3 WORD 0001PORAV" 19M1 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DIVERSIFIED HEALTHCARE SERVICES, INC TO PROVIDE BILLING SERVICES THIS AGREEMENT is made on the day of enca� 1996, between the CITY OF DENTON, TEXAS (City) and DIVERSIFIED HEALTHCARE SERVICES, INC (Biller), a corporation authorized to do business in the State of Texas, to provide for the billing of certain accounts receivable of the City. The parties in consideration of the mutual covenants set forth hereinbelow, agree as follows: 1. Biller's Services. From time to time, the City will send accounts receivable to Biller for Emergency Medical Service ("EMS") services that are owed to but have not been collected by the City Biller agrees to work diligently and to put forth its best efforts to timely and properly bill and perform follow-up on said accounts all monies due the City on the accounts receivable placed into the hands of Biller. Biller shall familiarize itself, its agents, ser- vants, and employees with the Fair Debt Collection Practices Act and agrees to abide with all governing laws regarding debt billing and collections. 2. Biller's Retention of Accounts. The Biller shall retain Emergency Medical Service accounts for a period of six (6) months from the date received from the City. Biller shall promptly return the accounts to the City upon expiration of the period of time specified for retaining the account, unless an installment agree- ment to pay the account has been signed by the debtor within the time period Biller is authorized to retain the account If Biller does have a signed installment agreement, the Biller may retain the account until expiration of the time period in which monies are to be paid under the installment agreement, but no installment agreement shall be made on a City account for a period of time in excess of twelve months without the City's prior written consent. 3. Biller's Compensation. As compensation for its services, Biller shall be entitled to receive a billing service fee of ten percent (10%) on all accounts collected by Biller on those accounts sent to Biller by the City. 4. Records and Audits. Biller shall maintain records 1n a manner that it can provide to the City, within twenty-four hours, the present status of and the billing/collection efforts expended on all accounts receivable held by it for the City The City reserves the right to audit all financial and work records of the Biller to assure the City that proper reporting and remittance is being made. The auditing may be by the City personnel or by independent accoun- tants, at the sole expense of the City. The audit must be per- formed on Biller's premises and the Biller will provide at its expense, work areas and documentation to assist in the audit. The audit must be performed during normal business hours, 8.30 a.m to 5:30 p.m. Central time, Monday through Friday, and shall be requested at least three business days in advance. 5. Meetings to Determine Progress. Biller's representative shall meet with the City's representative from time to time, throughout the existence of this agreement, as reasonably requested by the City, to review Biller's activities and to discuss any problems and/or special requirements. 6 Collection by Attorney. Biller may recommend that an account be referred to an attorney for collection. In such case, the City may choose to have the account returned to the City with- out further compensation to Biller or the City may consent in writing to referral to an attorney selected by Biller. If the City consents to a referral to an attorney by Biller, the City shall advance filing fees and other court costs necessary to institute and prosecute a lawsuit, but the City shall not be liable for the expenditure of any court cost or other fee in excess of $300.00 for any one account unless the City has given its prior consent. The City shall be paid sixty percent of the monies recovered by the attorney on each account referred by Biller 7. Biller's Monthly Reports. Biller shall submit to the City between the 15th and 20th day of each month a written report on all assigned accounts showing the following information A. Name of debtor and account number B. Date debtor paid C. Where payment was made - (City's or Biller's office) D. Amount of commission charged on payment E. Accounts that are paid in full F. Accounts that are being released by Biller, with the reason(s) stated G. Total of money collected for the month H. Total monies collected to date I. A rendering of money due the City 8. Remittance of Funds. Biller will remit to the City be- tween the 15th and 20th day of each month the net collections re- ceived by Biller during the previous month Biller may endorse any deposit item requiring an endorsement as agent for the City Biller's statement shall reflect the gross amount collected on behalf of the City and the net amount due Biller The City shall notify Biller of payments made directly to the City within ten (10) business days of receipt and the City agrees to remit to Biller within thirty (30) days of receiving Biller's statement, any amount due Biller. Page 2 9. Performance Guaranty by Biller for the Eleven Month Period From November 11 1996 through September 30, 1997. In consideration of the City engaging the billing services of Diversified Health Care, Inc., Biller guarantees that it will collect City of Denton EMS accounts for the period from November 1, 1996 through September 30, 1997 at the same, or greater collection rate than collected by the previous collector contracted by the City, Collection Express Services, Inc. ('ICES',) for the period from November 1, 1995 through September 30, 1996. City and Biller stipulate that the collection rate for that period was 49%. The City will determine by audit conducted in October 1997, whether or not Biller has collected at the same or greater collection rate as referenced above. In the event that Biller's collection rate is less than the collection rate collected by CES for the period from October 1, 1995 through September 30, 1996 then Biller shall pay and return to the City within thirty days after the audit results are mailed to Biller, that sum of money equal to twenty-five (25%) percent of the amounts Biller received as compensation from City under this agreement for the period from November 1, 1996 through September 30, 1997. 10. Term and Termination. This Agreement shall continue in effect from year to year, but either the City or Biller may terminate without cause at any time by giving the other party to the agreement sixty (60) days written notice prior to the date of termination. If Biller terminates this Agreement, all accounts shall be immediately returned to the City and no compensation shall be paid to Biller past the termination date. If the City terminates this Agreement, Biller may continue to render its services on the accounts it has for thirty days after the termination date and shall be paid the compensation established by this Agreement. After the thirty day period, Biller shall return all accounts to the City without receiving further compensation, except Biller 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. Biller shall be bound by all the terms and conditions of this Agreement as to the accounts it is authorized to retain after termination. 11. Notices. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by certified mail to the parties as follows. City: Kathy DuBose Executive Director of Finance City of Denton 215 E. McKinney Denton, Texas 76201 Page 3 Biller: Diversified Healthcare Services, Inc. 800 E Campbell Rd , Ste 380 Richardson, TX 75081 ATTN:Jerry O'Connor, President 12. Indemnification. Biller agrees to indemnify and save harmless and defend the City at its own expense from any and every claim, demand, suit, loss, damage, cost and expense which the City may suffer or incur by reason of any claim asserted against the City as a result of Biller's acts, omissions or conduct under this Agreement. 13. Independent Contractor. Biller is an independent contractor in performing the services under this Agreement. 14. Insurance. Biller shall obtain and shall keep in full force and effect during the term of this Agreement, a policy of public liability insurance in the amount of no less than $1,000,000, naming the City as an additional insured. Biller shall furnish a copy of said policy to the City. 15. Bond. Biller shall obtain and keep in full force and effect during the term of this Agreement and for a period of ninety days thereafter, a surety/fidelity bond from a company authorized to do business in the State of Texas, and in a form approved by the City Attorney, City of Denton, Texas, in the amount of $100,000.00, guaranteeing payment to the City of monies due the City under this Agreement, and indemnifying and holding the City harmless against and from any and all loss, costs, damages, larceny, theft, embezzlement or fraudulent conversion of funds due the City. 16. Assignment. This Agreement shall be binding upon, and will inure to the benefit of the successors and assigns of the City and Biller. 17. Venue. Any action brought by either party regarding this Agreement shall be brought in the court of competent jurisdiction located in Denton County, Texas 18. Effect of Amendment. No modification, renewal extension, or waiver of this Agreement shall be binding unless in writing, and signed by the City and Biller. 19. Entire Agreement. This Agreement contains the entire and only agreement between the City and Biller regarding the subject matter hereof. 20. Effective Date. This Agreement shall be effective as of October 1, 1996. Page 4 SIGNED this the � day of 1996. DIVERSIFIED HCARE SERVICES, INC. (Biller) ATTEST: DIVERSIFIED HEALTHCARE SERVICES, INC. BY. CITY OF DENTON, TEXAS (City) BY: TED BENAVIDES, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: �uh. Page 5 "r-� -/o-ii AOFt11t1001 Davis -Dyer -Max Ins. Agcy, Inc. 409 E. Centerville Rd. Garland, TX 75046 (972)864-0400 FAX(972)278-8400 INSURED DOCTOR'S REPORTING SERVICE OF TX, INC. & DIVERSIFIED HEALTH P.O. Box 460036 Garland, Tx. 75046 MIDDfM JN.yy,r URyiNCE Issue BATE (M8/1 BBX1{AKir�. 57^iM BBR�Y 10 / 8 / 19 9 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A GENERAL ACCIDENT ETTECOOMPPp Y B POTOMAC INSURANCE CO COMPANY C TEXAS WORKERS COMP INS. FUND LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTATDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS TO ALL THE TERMS CERTIFICATE MAY BE IS UED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 70 TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTNE POLICY EXPIRATION LIMITS DATE (MMADMO DATE(MMIDDNY) A GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY TPP1085183A4 PRODUCTS-COMP/OP AGO X 500, 00 CLAIMS MADE X OCCUR 12/08/95 12/08/96 PERSONAL A ADV INJURY $ — 0 OWNERS S CONTRACTORS PROT EACH OCCURRENCE $ 500, 00 FIRE DAMAGE (My one fee) $ 5 0 , 00 MED EXPENSE (My one Person) $ 5 , 00 AUTOMOBILE LIABILITY COMBINED SINGLE S LIMIT 500, 00 B X ANY AUTO BAC137353.04 ALL OWNED AUTOS 12/08/95 12/08/96 BODILY INJURY B (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per eecidenp X NON -OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE S EACH OCCURRENCE S 1,000,00 A EXCESS LIABILITY X UMBRELLA FORM X0007851SA4 12/08/95 12/08/96 AGGREGATE 8 1,000,00 OTHER THAN UMBRELLA FORM X STATUTORY LIMITS C WORKER 8 COMPENSATION TSF0011740501 12/06/95 12/06/96 EACH ACCIDENT $ 500,00 AND DISEASE POLICY LIMIT B 500,00 EMPLOYERS' LIABILITY DISEASE EACH EMPLOYEE $ 500,00 A OTHER AUTO PHYSICAL BA0137353.04 12/08/95 12/08/96 DED. COMP. 50.0 DAMAGE COVERAGE DED. COLL. 250.0 DESCRIPTION OF OPERATIONSAJOCATIONBryEHICLESIBPECIAL ITEMS CRIME COVERAGE INCLUDED IN THE PROPERTY POLICY: $100,000 EMPLOYEE DISHONESTY, $250 DEDUCTIBLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF DENTON LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: KATHY DUBOSE LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES 215 E. MCKINNEY AUTHOR R _ DENTON TX 76201 {{� .Ay��Lyyaw �♦yydd A/Ay��y , s < _ . '> < WORD CORPOARMON -T/D w—feo -