1996-229 O O. CENO
^CCEP CO.,eETmVE BIDS * COre. Ct
THE PURCHASE OF ~TE~ALS, EQUIPMENT, SUPPLIES OR SERVICES, PROVID~G
FOR T~ E~E~I~ OF F~DS ~FOR, ~D PROVID~G FOR ~ EFFECTIVE
DATE
~AS, ~e C~ ~ sohc~ted, re~ved ~d tabulated competmve b~ for the p~ch~e
of necess~ matenfls~ eqmpment, supphes or se~s m accor~c* ~th ~e proced~es of STATE
law ~d CxW ordm~ces, ~d
WHE~AS, ~e Ca~ M~ager or a dem~ated employee has mwewed ~d mco~ended
~t ~e hereto described bxds ~e ~e lowest ~sponsthle b~ds for ~e matenfls, eqmpment, supphes
or se~mes ~ shorn m ~e "B~d Proposfls" subm~ed ~erefore, ~d
~AS, ~e Cx~ Co.eft ~ premded m ~e Cx~ Budget for ~e appropnatxon of~ds
m be used for ~e p~c~e of~e maten~s, eqmpm~t, supphes or seduces approved ~d accepted
heretn, NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S
~ ~t ~e n~bered ~tems m ~e follo~ng n~bered bxds for materials,
eqmpment, supphes, or semces, shorn m ~e "Btd Proposfls" amched hereto, me hereby accepted
~d approved ~ being ~e lowest responsthle bxds for such ~tems
BID ITEM
]~tJMB. ER ~ ~ AMOIJNT
1927 ALL DIVERSIFIED HEALTH CARE/ $54,250 00
DOCTORS REPORTING SERVICE
1953 ALL CUMMINS UTILITY SUPPLY $16,212 50
SECI[OIC~ That by the acceptance and approval of the above numbered ~tems of the
submitted b~ds, the C~ty accepts the offer of the persons submtttmg the bids for such ~tems and
agrees to purchase the materials, eqmpment, supphes or servxces xn accordance w~th the terms,
specfficauons, standards, quanUUes and for the specffied sums contmned ~n the B~d InwtaUons, Bxd
Proposals, and related documents
~q~CTION III That should the C~ty and persons submxtUng approved and accepted xtems and
of the submxtted bids w~sh to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the b~ds, the C~ty Manager or hxs designated representatxve xs hereby
anthonzed to execute the written contract which shall be attached hereto, prowded that the written
contract xs m accordance wtth the terms, conchUons, spemficatxons, standards, quantxues and
specffied sums contained m the B~d Proposal and related documents herexn approved and accepted
~ That by the acceptance and approval of the above numbered items of the
subrmtted bids, the City Counc~l hereby authonzes the expenditure of funds therefor in the amount
and m accordance voth the approved bids or pursuant to a wnttan contract made pursuant thereto as
authorized herein
SEG_32IOh[~ That tlus ordinance shall become effecuve ~mmedlately upon its passage and
approval
PASSED AND APPROVED th~s/~/'~day of ~ 1996
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DATE OCTOBER 15, 1996
~ REPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benawdes, C~ty Manager
SUBJECT RFSP #1927 BILLING AND COLLECTION OF AMBULANCE FEES
RECOMMENDATION.' We recommend that Request for Sealed Proposal #1927 be awarded to
D~verslfied Health Care/Doctors Reporting Service
SUMMARY: Th~s proposal is for the pnvattzat~on or outsourclng of the b~lhng and collection of
EMS fees The proposal submitted by D~versffied Medical Health/Doctors Reporting Service (DRS)
~s ~ntended to ~mprove collection rates and expedite the bflhng process
D~versffied Medmal Health ns the group that wall do the lmt~al bllhng at a rate of 10% of amount
collected Doctors Repomng Service wall handle bad debt collections for those ~nd~cated by the C~ty
at a rate of 25%
Additional detmls about the program were presented to Council at the September 24, 1996, work
session
BAC~KC~.IMJ2~I Contracts for D~versffied Medical Health and Doctors Reporting Serwces,
Memorandum from Jem Rtuney, Treasury Services Manager
PROGRAMS; DEPARTMENTS OR GROUPS AFiECIED. Customer Service Dlwslon,
Emergency Medmal Serwces
]FJ3CAL~AU~ The estimated expenditure for these collection services ~s approximately
$54,250 00 and has been ~ncluded m the 1996/97 budget
Respectfully submitted
Ted Benavtdes
Ctty Manager
Approved
Name Tom EJ Shaw, C P M
T~tle Purchasing Agent
780 AGENDA
M E M 0 R A N D U M
DATE October 1, 1996
TO Tom Shaw, Purchasing Agent
FROM Jern Ramey, Treasury Services Mar~
SUBJECT BID #1927
Please schedule bid #1927 for City Council consent on October 15. 1996. Representatives
from the Finance Dlvlsmn 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 bdhng and collection services We received
six (6) responses to that request Three (3) of the vendors Lmda Nabors, b~ket Transpornng
Serwces, Inc , andNat~onal Credtts, did not meet the minimum qualifications required by the
City Mumctpal Sermces Bureau, Dtvers~fied HealthCare/Doctora Reporting Services, and
lexas 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 obtmn this goal for the City of Denton
If you have any questions, please contact me at X8199
wp\emsbldco
14
DATE OCTOBER 15, 1996
CITYEDII~ REPORT
TO Mayor and Members of the C~ty Council
FROM Ted Benawdes, City Manager
SUBJECT BID # 1953 - FIBERGLASS STREET LIGHT POLES
RECOMMENI)ATION. We recommend this b~d be awarded to the lowest b~dder meeting
specifications, Cummins Utthty Supply, in the total bid award amount of $16,212 50
SIIMMARV: Th~s b~d Is for the purchase of 35' fiberglass poles and 8' mast arms These ~tems are
for replacement of warehouse stock and will be tnstalled as needed
The lower price offered by Oberlander and Assocmtes is for a concrete pole The poles offered by
Pnester and Power Supply do not provide the breakaway feature reqmred by the City for roadway
~nstallat~on
BfCKGROUND. Tabulation Sheet
PROGRAM~q, DEPARTMEb~FECTEDz Warehouse Inventory and Electrm
Distribution
F~ These poles and arms wall be funded from Warehouse Working Capttal and re-
charged to a particular project as needed
Respectfully submitted
C~ty Manager
Approved
Name Tom D Shaw, C P M
Title Purchasing Agent
778 AGENDA
NO_LNg]C/ :I0
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND
DOCTORS REPORTING SERVICE OF TEXAS, INC TO PROVIDE
COLLECTION SERVICES
THIS AGREEMENT lS made on the /~day of ~,
1996, between the CITY OF DENTON, TEXAS (city) and DOCTORS
REPORTING SERVICE OF TEXAS, INC. (collector), a corporation
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 herelnbelow,
agree as follows:
1. collector's Bervioes. 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. Collector's 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. Collector's CoMpensation. As compensation for its ser-
vices, Collector shall retain Twenty-F~ve percent (25%) of the
monies collected from each account sent to Collector by the City.
4. Records and Audits. Collector shall maintain records in
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 Cmty 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
Clty consents to a referral to an attorney by Collector, the City
shall advance filing fees and other court costs necessary to
stltute 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
l) 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
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 mall 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: 3erry O'Connor, President
11. Inde~nificetion. 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 agalnst 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 per~od 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 C~ty harmless against
and from any and all loss, costs, damages, larceny, theft,
embezzlement or fraudulent conversion of funds due the City.
15. Assig~ent. 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. ~mendment. No modification, renewal, extension, or waiver
of th~s Agreement shall be binding unless in writing, and s~gned 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 ~, 1996.
DOCTORS~/PORTING SERVICE OF TEXAS,
~~~~INC. ( ector)
/ DOCTORS REPORTING SERVICE OF TEXAS,
INC
B¥I
Page 4--
CITY OF DENTON, TEXAS
(Clty)
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL F0~:
HERBERT L. PROUTY, CITY ATTO~EY
C \WPDOCS\K\EMSCOLLE K
Page 5
~ODUOm THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
Ds.v~.B-D~'er-Ms.x IT',B. Agcy· ITJ, c. 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
COMP~RV A GENERAL ACCIDENT
COMPANY 8 POTOMAC INSURANCE CO.
DOCTOR' S REPORTING SERVICE OF C0MPAN¥ O TEXAS WORKERS COMP. INS. FUND
TX, INC. & DIVERSIFIED HEALTH
P O. BOX 460036 c°~PANY D
Garland, Tx 75046
COMPANY E
THIE lB TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO~/ITHBTA~DING ANY REQUIREMENT TERM OR OONDITION 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 TERM8
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUDED BY PAID CLAIMS
!T~ ~ OF INSURANOE FOLICY NUMBER
FOMCY
DA~E (MM/DD/YY) DA'~E (MM~DD/FY) UMIT~
A easel mml~ GENERAL AGGREOA~E $ 1,0 0 0,0 0 0
X ¢OMMER¢I~ GENERAL LI~IU~ TPP10~i834)4 PRODUCT~COMP~DP AO0 $ 5 0 0 # 0 0 0
CLAIMSMADE X OCCUR 12/08/95 12/08/96 "ERSONAL&ADV INJURY $ -0-
OWNER~ & CONTRACTOR S PROT EACH OCCURRENCE $ 500 # 000
FIRE DAMAGE (Any One tim} $ 50 · 000
MED EXPENSE (Any one person) $ 5 , 000
B X ANYANTO BA0137353-04 LIMIT $ 500,000
AnL O~E~ ~OS 12/08/95 12/08/96
X NON OWNED AUTOS (Pel accident) $
EXOE~8 UABII.~'Y EACH OCCURRENCE $ i, 000 , 000
A X U,EREL~FORM XC00?~I~-04 12/08/95 12/08/96Ae~REO^~ $ 1,000,000
OTHER mAN UMBREI_LA FORM
WORKER S COMPERP/A~TON X STATUTORY LIMITS
C *NO TSF0011740801 12/06/95 12/06/96 EACH ACCIDENT $ 500,000
O~S~E ,OUCY UM~T $ 500, 000
EMPt. OYERS LIABILITY DISEASE EACH EMPLOYEE $ ~ 00 t 000
A AUTO PHYSICAL SA01~.~, 12/08/95 12/08/96 DED. COMP. 50.00
DAMAGE COVERAGE DED COLL. 250.00
CRIME COVERAGE INCLUDED IN THE PROPERTY POLICY: $100,000 EMPLOYEE
DISHONESTY· $250 DEDUCTIBLE
NAMED DIVERSIFIED SERVICES INC ·
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
!ITY OF DENTON LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
&I~TTN= ]~ATHY DUBOSE LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
215 E. MCKI~Y
DENTON TX 76201
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND DIVERSIFIED HEALTHCARE SERVICES, INC
TO PROVIDE BILLING SERVICES
THIS AGREEMENT is made on the ~dday of ~,
1996, between the CITY OF DENTON, TEXAS (City) and DIVERSIFIED
HEALTHCARE SERVICES, INC (Blller), 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 herelnbelow, agree
as follows:
1. Biller's Services. From time to time, the City will send
accounts receivable to Blller for Emergency Medical Service ("EMS")
services that are owed to but have not been collected by the City
Blller 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 Blller. Blller 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 Blller shall retain
Emergency Medical Service accounts for a period of slx (6) months
from the date received from the City. Blller 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 Blller
does have a signed installment agreement, the Blller 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,
Billet shall be entitled to receive a billing service fee of ten
percent (10%) on all accounts collected by Blller on those accounts
sent to Billet by the City.
4. Reoords and Audits. Blller shall maintain records in 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
Blller to assure the City that proper reporting and remittance is
belng 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. Blller'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 Blller's activities and to discuss any
problems and/or special requirements.
6 collection by Attorney. Blller may recommend that an
account be referred to an attorney for collection. In such case,
the C~ty may choose to have the account returned to the City with-
out further compensation to Blller or the City may consent in
writing to referral to an attorney selected by Blller. If the City
consents to a referral to an attorney by Blller, 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. Blller 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 Blller's office)
D. Amount of commission charged on payment
E. Accounts that are paid in full
F. Accounts that are being released by Blller, 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. Blller will remit to the C~ty be-
tween the 15th and 20th day of each month the net collections re-
ceived by Billet during the previous month Bmller may endorse any
deposit item requiring an endorsement as agent for the C~ty
Blller's statement shall reflect the gross amount collected on
behalf of the City and the net amount due Blller The city shall
notify Billet of payments made directly to the City within ten (10)
business days of receipt and the City agrees to remit to Blller
within thirty (30) days of receiving Blller's statement, any amount
due Billet.
Page 2
9. performance Guaranty by Billet for the Eleven Month
Period From November L, L996 through September 30, L997. In
consideration of the city engaging the bllllng 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. ("CES") for the period from
November 1, 1995 through September 30, 1996. City and Blller
stipulate that the collection rate for that period was 49%. The
C~ty will determine by audit conducted in October 1997, whether or
not B~ller has collected at the same or greater collection rate as
referenced above. In the event that Blller's collection rate is
less than the collection rate collected by CES for the per~od from
October 1, 1995 through September 30, 1996 then Blller shall pay
and return to the City wlthln thirty days after the audit results
are mailed to Blller, that sum of money equal to twenty-five (25%)
percent of the amounts B~ller received as compensation from City
under this agreement for the per~od from November 1, 1996 through
September 30, 1997.
10. Tez~ mnd Termination. Th~s Agreement shall continue ~n
effect from year to year, but either the Clty or Blller may
termlnate without cause at any time by glvlng the other party to
the agreement sixty (60) days written notice prior to the date of
termination. If Blller terminates th~s Agreement, all accounts
shall be immediately returned to the city and no compensation shall
be paid to Blller past the termination date. If the city
terminates thls Agreement, Blller may continue to render its
services on the accounts it has for thirty days after the
termlnatlon date and shall be paid the compensation established by
this Agreement. After the thirty day period, Blller shall return
all accounts to the City without receiving further compensatlon,
except Blller may retain accounts for which the debtor has signed
an Installment agreement untll the expiration of the time ~n which
monies are to be pa~d under the agreement. B~ller shall be bound
by all the terms and conditions of th~s Agreement as to the
accounts it Ks authorized to retain after termination.
11. ~oti~es. Any notlce required or permitted to be given
under this Agreement shall be sufflcient if in writing and sent by
certified mall to the parties as follows.
City: Kathy DuBose
Executive Director of Finance
city of Denton
215 E. McKlnney
Denton, Texas 76201
Page 3
Billet: Diversified Healthcare Services, Inc.
800 E Campbell Rd , Ste 380
Richardson, TX 75081
ATTN:Jerry O'Connor, President
12. Indemnif~oetion. Blller 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 Contraotor. Blller is an independent
contractor in performing the services under this Agreement.
14. Insureno®. Billet 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. Blller shall
furnish a copy of said policy to the City.
15. Bond. Billet 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. Assig~ent. This Agreement shall be binding upon, and
will inure to the benefit of the successors and assigns of the city
and Billet.
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. Effeot of Amendment. No modification, renewal extension,
or waiver of this Agreement shall be binding unless in writing, and
signed by the City and Billet.
19. Entire Agreement. This Agreement contains the entire and
only agreement between the City and Blller regarding the subject
matter hereof.
20. Effeotive Date. This Agreement shall be effective as of
october 1, 1996.
Page 4
SIGNED th~s the ~ day of ~, 1996.
DIVERSIFIED~HCARE SERVICES, INC.
! /ATTEST:
~/ DIVERSIFIED HEALTHCARE SERVICES, INC.
BY.~/~7 F- ~
CITY OF DENTON, TEXAS
(Clty)
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 5
CE it IOATE OFdNSURANCE ',o/8/ .996
~OI)UOF.~ ~<~ ~ > ~ ~ ~ ~ THI~ CER~FICATE 15 ISSUED AS A MA~ER OF INFORMA~ON ONLY AND
CONFERS NO RIGHTS UPON THE CER~FICATE HOLDER THIS CER~FICATE
Davis-Dyer-MAx Ins. Agcy, 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 F~X(9~2)278-8400
COMPLY A ~ENE~L
DOCTOR'~ REPORTING ~ERVXCE OF COM~Y C TEX~ WOREER~ CO~P
TX, INC. & D~VER~IFIED HEALTH
P.O. BOX 460036 co~ D
garland, Tx.
~,s ,s ~o c~,~ ~A~ T.S ~O~,CmS O~ ~SU~CS US~D ~LOW HAW ~SE~ ,SSUED ~O ~E ,~SU~O ~AM~ ASOVE ~O~ ~ ~OUCV ~E~O~
C~.~,~CA~E MAY ~E meUE~ O~ M~V SE~A~ ;~E ,~SU.A~OE ~O~O ~ ~* ~OUC.~S ~SC~D ~E~ ,S S~C~ ~O A~ ~E TSarS
~CLUS~ONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS
~ G~L ~BI~ GENE~ AGGREGATE
X COMM~CI~ GENER~ L~ILI~ TPPI~I~ PRODUCT~C~P~P AGe $ 500~00~
C~IMSMADE X OCCUR 12/08/95 12/08/96 ,~RS~*~V ..JU,~ , -0-
O~ER S & C~AC~R~ PROT EACH OCCURRENCE
F~RE D~AGE (~y
MED ~ENSE (~y one ~r~n) $ 5 ~ 00 C
LIMIT $ 500, 00~
~ X ~ AUTO BA013~S~
~L O~E9 AUT~ ~2/08/~5 12/08/96 BODILY IN~
G~eE L~ILIW PR~E~ D~AGE
~ ~BI~ ~CH OCCURRENCE $
~ X U~B~LLAFORM XC~7~I~ ~2/08/~5 ~2/08/96 AeeREGA~ S [,000,000
WORK~ S COM~N X STATUTORY LIMI~
~ ANm TSF~117~l 12/06/95 12/06/96 ~c. ACC,O~m , 500,000
DISE~E P~ICY LIMIT $ 500 ~ 000
~' ~B~ DIS~E ~CH EMPLOYEE $ 500 ~ 000
A AUTO ~;~S~CA~ BA0~3~ 12/08/95 12/08/96 DED. COM~. 50.00
D~GE COVE~GE DED. CO~. 250.00
CRIME COVE~GE I~C~ED IN THE PROPERTY POLICY: $100,000 E~PLO~EE
DISHO~EST~, ~250 DEDUCTIblE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MAIL ~0 DAYS WRI~EN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE
~T~ O~ D~TO~ LE~ BUT FAILURE TO MAIL SUCH NOTICE SHALL iMPOSE NO OBLIGATION OR
~TT~ ~ ~T~ ~O~ LIABILI~ OF ANY KIND UPON ~E COMPANY ITS AGENTS OR REPRESENTATIVES
215 E. ~CEI~