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HomeMy WebLinkAbout2000-279ORDINANCE NO A200- a 7 g AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR NON-RESIDENT FIRE SERVICE BILLING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2544 — NON- RESIDENT FIRE SERVICE BILLING AWARDED TO F I R E , INC 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", on file in the office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2544 ALL F I R E , Inc 15% SECTION 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 this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this � day of Q Z 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY C�oLc( �, / � 2544 SUPPLY ORDINANCE-2000 PROFESSIONAL SERVICES AGREEMENT FOR COLLECTION SERVICE STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 0 day of eln , 2000, 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 F I R E , INC , with its corporate office at, 9287 Dickson Road, Fort Worth, Texas 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 1 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 non-resident fire service calls ARTICLE 2 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 Deporting — 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" I 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 3 PERIOD OF SERVICE A This Agreement shall become effective on iN r) OD The Agreement is effective for a period of one year however the agreemenf 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 (n) 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 4 In case of 2 termination hereunder this paragraph (i) all accounts and file materials shall be returned immediately to CITY, (n) Collector shall immediately cease all collection efforts ARTICLE 4 COMPENSATION The COLLECTOR as full compensation for its services, COLLECTOR shall receive a contingency fee of 15% on all money collected on the accounts placed for collection FEE FOR LEGAL COLLECTIONS WILL BE _% NO LEGAL ACTION WILL BE TAKEN WITHOUT THE EXPRESS APPROVAL OF The City of Denton ARTICLE 5 REMITTANCES COLLECTOR shall remit to CITY all funds received on CITY Accounts along with a monthly remittance report by the 15`" and 200' day of each month, for the previous months collections ARTICLE 6 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 arising from employee status ARTICLE 7 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 8 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 9 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 $100,000 00, guaranteeing payment to the city for momes 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 10 INSURANCE During the performance of the Services under this agreement, COLLECTOR shall maintain, throughout the duration of this Agreement, the following insurance A Professional Liability Insurance with policy limits of not less than $1,000 000 00 annual aggregate, with respect to negligent acts, errors, or omissions in connection with the professional services performed by COLLECTOR pursuant to this Agreement B ARTICLE 11 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 12 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 FIRE,INC Attn Mike Barton 9287 Dickson Fort Worth, TX 76179 TO CITY CITY OF DENTON Atm Jon Fortune Assistant City Manager, Fire 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 13 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 14 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 15 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 16 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 17 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 arise 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 18 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 19 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 ansmg 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 20 MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement 1 Exhibit "A" Request for Bid 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 To comply with the specifications of the Request for Bid 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 COLLECT F has executed this Agreement through its duly authorized undersigned officer on this the ,5't—" day of �Qjh2 Gel— 2000 CITY OF DENTON, TEXAS 0;� Michael W Jez, Ci ager ATTEST JENNIFER WALTERS, CITY SECRETARY By e OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By FIRE,INC By Name Mike Barton Title Account Representative WITNESS e xl, h f „A ,r PURCHASING DEPARTMENT City of Denton 901 B Texas Street Denton Texas 76201 BID INVITATION CITY OF DENTON, TEXAS PAGE I OF 9 Date July 6 2000 BID NUMBER 2544 BID TITLE FIRE SERVICE BILLING Sealed bid proposals will be received until 200 p m BIl Y 27 2000 at the office of the Purchasing Agent 901-B Texas Street Denton Texas 76201 For additional information contact PURCHASING DEPARTMENT 901 B Texas Street Denton Texas 76201 Office 940 349 7100 INSTRUCTIONS TO BIDDERS DFW Metro 817-267 0042 1 Sealed bid proposals must be rerdved i^ dL dJmfe, on this form prior to opening date and time to be considered Late proposals will be returned unopened 2 Bids shall be plainly marked as to the bid number, name of the bid and bid opening date on the outside of completely sealed envelope and mailed or delivered to the Purchasing Department City of Denton 901-B Texas Street Denton TX 76201 3 Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same or it will not be considered 4 All materials are to be quoted FOB Denton Texas delivered to the floor of the warehouse or as otherwise indicated 5 The City of Denton Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder 6 In case of default after bid acceptance, the City of Denton Texas may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default 7 The City of Denton reserves the right to reject airy and all bids to waive all informa00es and require that submitted bids remain in force for a sixty (60) day period after opening or until award is made whichever comes first 8 The quantities shown may be approximate and could vary according to the requirements of the City of Denton throughout the contract period 9 The items are to be priced each net (Packaging or shipping quantities will be considered) 10 The Purchasing Department assumes responsibility for the correctness and clarity of this bid and all Information and/or questions pertaimng to this bid shall be directed to the City of Denton Purchasing Agent 11 Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shag be grounds for disquahBcalion 12 The conditions and terms of this bid will be considered when evaluating for award 13 The City of Denton is exempt from all sales and excise taxes (Article 20 04-B) Purch/bidspec/2544 bid fire billing doc BID NUMBER 2544 BID PROPOSALS PAGE 2 OF 9 City of Denton, Texas 901 B Texas Street Purchasing Departsi ent Denton, Texas 79201 Compensation will be based on a fixed percentage of fees collected Bid award will be based on the highest percentage offered by the responding bidders and compliance with the bid requirements o/0 we quote the shove f o It delivered to Denton, Texas Shipment can be made in days from receipt of order Terms net/30 unless otherwise indicated in submitting the above bid the vendor agrees that acceptance of any or all bid Items by the City of Denton Texas within a reasonable period of time constitutes a contract The complete Bid Proposal must be properly priced slued and returned Malling Address City State Zip Telephone Fax Number PurctAidspec/2544 bid fire billing doc Bidder/Company Signature Printfrype Nam( Tit, BID NUMBER 2544 SPECIFICATIONS PAGE 3 OF 9 Purchasing Department City of Denton. Texas Request For bid for Non -Resident Fire Service Billing and Collection The City of Denton is seelang a qualified vendor to provide non-resident fire service billing, collection and reporting associated with the City's fire service calls The contract will be awarded to the vendor whose proposal is determined by the City to be the lowest responsible bidder Bids should be submitted based on a percentage of total collections The following requirements must be met for fiiu consideration in the decision-malang process • Vendor must perform non-resident fire service billing and collection activities in compliance with the laws of the State of Texas and according to standard billmg practices Vendor must produce invoice within 10 days of receipt of incident reports from the City • Vendor must provide routine follow-up to ensure that billed accounts are collected within six months or less • Vendor shall assist the City in the establishment of appropriate fees for fire services to be billed • Vendor must provide monthly reports to the City regarding status of individual accounts and collection activity • Billing compensation will be a fixed percentage of fees collected m • Vendor must remrt the net collections received (total collections less service fees) between the I5 and 20 day of each month • Vendor shall conduct training with city staff in the proper preparation and documentation of incidents and reports used for • Vendorb shall maintain a professional liability tnatuance policy with taints of not less than $1,000,000 annual aggregate • Vendor must obtain a surety bond for $100,000 00 guaranteeing payment to the City for momes due the City under the contract period Bids should include the following- 1 Resumes of owner, president and any other employees who will be assigned to the billing/collection effort for the city of Denton, total number employed by firm and organizational chart of firm 2 Statement of services to be performed and fee structure 3 Division of work between contractor and city staff and contractor's expectations of city staff 4 Current number of clients contracted for fire wivice cost -recovery mvoicmg, total number of accounts currently under collection for same, and a history encompassing the last five years of clients who have contracted with firm for fire service cost -recovery 5 List of references 6 Length of time in business for fire service cost recovery invoicing 7 Location of billing/collection office and method of communication between contractor's office and city staff (i e , telephone, fax, computer requirements) 8 Soflware4wilware configuration used by contractor 9 Samples of forms, invoices, billing statements, monthly reports and other documentation used or required in the billing/collection process 10 Implementation plan for integrating the city of Denton fire service cost -recovery into present system 11 Documentation of certificates and licenses 12 Sample contract Questions concerning this request for bid may be directed to Debbie Beyea, Management Assistant, Fire Department at 940 349 8550