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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~