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2000-279 ORDrNANCE NO g '7 q 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, supphes or services in accordance with the procedures of STATE law and C~ty 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, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered xtems m the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals", on file m 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, lnc 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, quantmes and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents ~ That should the City and persons subml~ng approved and accepted atems and of the submitted b~ds wish to enter into a formal written agreement as a result of the acceptance, approval, and awar&ng of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract wtuch shall be attached hereto, provided that the written contract as m accordance with the terms, eonchtlons, specifications, standards, quantit~es 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 hereto SECTION V That this ordinance shall become effective muned~ately upon ~ts passage and approval PASSED ANDAPPROVEDth~s r'~"~ dayof OocPp/~//~/~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ~PROVED AS TO LEO~ HERBERT L PROUTY, CITY ATTORNEY 2544 SUPPLY ORDINANCE-2000 PROFESSIONAL SERVICES AGREEMENT FOR COLLECTION SERVICE STATE OF TEXAS § COU TYO DE TON THIS AGREEMENT ,s made and entered into as of the ~-~ day of cJg~flt/~/?~, 2000, by and between the Ctty of Denton, A Texas Municipal Corporation, with its pnnclpal office at 215 E McI(dnney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "CITY") and F I R E, INC, with its corporate office at, 9287 Dmkson Road, Fort Worth, Texas hereinafter called the ("COLLECTOR") acting here~n, by and through their duly authorized representative WITNESSETH, that m consideration of the covenants and agreements herein contmned, the parties hereto do mutually agree as follows ARTICLE 1 EMPLOYMENT The CITY hereby contracts with COLLECTOR, as an ~ndependent contractor, and the COLLECTOR hereby agrees to perform the services herein ~n connection with the ProJect as stated m the sections to follow, with dthgence and in accordance with the highest professional standards customarily obtmned for such services m the State of Texas The professional servmes set out herein are m connection with the following described project To provide collection services for non-resident fire service calls 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 whrch 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 recmvable 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 m 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 obtmn updated financial and credit information with respect to debtors, and acquiring payment arrangements from the debtors m order to satisfy the ~ndebtedness 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 dtmng that t~me period, then Collector shall submit its findings and recommendations to CITY D Collections and Settlement - Collector shall m 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, compromxsed, adjusted or settled is previously approved and agreed to by Creditor E Notification of Clmms - Collector agrees to promptly adwse CITY of any clmms asserted against Creditor by any debtor F Return of Accounts - Unless th~s Agreement shall be terminated as hereinafter provided, and unless Creditor expressly agrees otherwise, ~n advance, for each Account, Collector shall cease its activities and return the Account to Creditor if (I) no collection arrangement has been made withm 180 days of receiving the Account, or (n) 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 w~thdraw any Account assigned to Collector at any t~me for any reason H Reporting - Collector shall submit to the CITY, Act~wty reports and such other mformat~on relative to the Accounts as requested ~n the Request for B~d and attached as Exhibit "A" I If there ~s any conflmt between the terms of this agreement and the exhibits attached to th~s agreement the terms and conditmns of this agreement will control over the terms and conditions of the attached exhibits PERIOD OF SERVICE A This Agreement shall become effective on 0~/tg.0-/lg~) The Agreement ~s effective for a period of one year however the agreemenfls renewable each year by agreement of the parties The CITY and the COLLECTOR must each g~ve 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 ~f (I) Collector wolates or breaches any term or condition of the Agreement, or (n) CITY reasonably determines that there has been an adverse change ~n Collector's finanmal condition Collector shall still be entitled to receive ~ts fee as provided ~n ARTICLE 4 In case of 2 termination hereunder th~s paragraph 0) all accounts and file materials shall be returned ~mmedlately to CITY, (u) Collector shall ~mmedlately cease all collection efforts ARTICLE 4 COMPENSATION The COLLECTOR as full compensation for ~ts 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 C~ty of Denton REMITTANCES COLLECTOR shall remit to CITY all funds received on CITY Accounts along w~th a monthly remittance report by the 15th and 20th day of each month, for the prewous months collections INDEPENDENT CONTRACTOR Thc COLLECTOR shall prowde services to CITY as an independent contractor, not as an employee of the C~ty COLLECTOR shall not have or clmm 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 ATTORiNEY 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. 3 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The part, es may agree to settle any d~spute under this Agreement by submitting the d~spute to arbitration or other means of alternate d~spute resolutmn such as med~atmn No arb~tratmn or alternate d~spute resolution arising out of or relating to, th~s agreement mvolwng one party's disagreement may include the other party to the d~sagreement without the other's approval BOND During the performance of the Servmes under thru Agreement, COLLECTOR shall maintam the following surety bond w~th a surety heansed to do business in the State of Texas and in a form approved by the C~ty Attorney A A surety bond ~n an amount for at least $100,000 00, guaranteeing payment to the c~ty for momes due the mty under the contract period and to be in effect for the term of this Agreement and for a period ofmnety days thereafter ARTICLE 10 INSURANCE During the performance of the Servtces under this agreement, COLLECTOR shall mmntaIn, throughout the duration of th~s Agreement, the following insurance A Professional Lmbd~ty Insurance wtth pohcy hmtts of not less than $1,000 000 00 annual aggregate, w~th respect to neghgent acts, errors, or omissions ~n connection w~th the professional services performed by COLLECTOR pursuant to this Agreement B RESPONSIBILITY FOR CLAIMS AND LAIBILITIES Approval by the CITY shall not constitute nor be deemed a release of the respons~blhty and hablhty 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 responsibthty by the C~ty for any work by the COLLECTOR, its employees, subcontractors, agents and consultants ARTICLE 12 NOTICES All notmes, commumcatlons, and reports reqmred or permitted under th~s Agreement shall be personally dehvered or mmled to the respective part,es by depositing same ~n the Umted States mml at the address shown below, certffied marl, return receipt requested unless otherwise specified herein Mmled notices shall be deemed communicated as of three days mmhng TO COLLECTOR TO CITY F I R E, INC CITY OF DENTON Attn Mike Barton Attn Jon Fortune 9287 Dlckson Assistant C~ty Manager, Fire Fort Worth, TX 76179 215 E McKmney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such nouce as given or wlthm three days marling 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, dmcusslons, communications and agreements which may have been made m connection with the subject matter hereof ARTICLE 14 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jtmsdlctlon to be ~nvahd or unenforceable, it shall be consxdered severable from the remmnder of this Agreement and shall not cause the remainder to be lnvahd or unenforceable In such event, the party shall reform tilts Agreement to replace such stricken provision with a valid and enforceable provmlon whmh comes as close as possible to expressing the ~ntent~on of the stricken provision COMPLIANCE WITIt LAWS The COLLECTOR shall comply with all federal, state, local laws, rules, regulations, and ordanancas applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE 16 DISCRIMIANATION PROHIBITED In performing the services reqmred hereunder, the COLLECTOR shall not discriminate agmnst any person on the basis of race, color, rehglon, sex, national ong~n or ancestry, age, or physical handmap PERSONNEL A The COLLECTOR represents that it has or will secure at its own expense all personnel reqmred to perform all the serwces reqmred under this Agreement Such personnel shall 5 not be employees or officers of, or have an contractual relations w~th the city COLLECTOR shall ~nform the CITY of any conflmt of interest or potentml conflict of interest that may arise dunng the term of th~s Agreement B All serwces required hereunder w~ll be performed by the COLLECTOR or under its supervision COLLECTOR shall ensure that all personnel engaged ~n work are duly qualffied, and permitted under state and local laws to perform such services ARTICLE 18 ASSIGNABILITY The COLLECTOR shall not assign any ~nterest in this Agreement and shall not transfer any ~nterest m th~s Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent of the CITY MODIFICATION No wmver or modfficatmn of this Agreement or of any covenant, condition, hmltat~on here~n contmned shall be vahd unless in writing and duly executed by the party to be charged therewith and no evidence of any wmver or modfficat~on shall be offered or received ur evidence m any proceeding arising between the parties hereto out of or affecting th~s Agreement, or the rights or obhgat~ons of the part,es hereunder, and unless such wmver or modification ~s in writing, duly executed, and, the part, es further agree that the provls~ons of this section w~ll not be wmved unless as here~n set forth MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement 1 Exhibit "A" Request for B~d B Venue of any stat or cause of actmn under th~s Agreement shall he exclusively ur Denton County, Texas Th~s Agreement shall be construed m accordance with the laws of the State of Texas C Collector wall promptly adwse CITY of any Account on which ~t receives a notme of bankruptcy At CITY request Collector w~ll file a proof of claim on behalf of CITY In CITY name D If Collector's efforts result ~n collateral, secunng an Account, being returned to CITY, then Collector shall be entitled to receive the standard fee that otherwise would have been prod under Article IV herein, based on the net amount that CITY recmves from the sale of the collateral The cost to CITY of repossession, storing and selhng the collateral shall be deducted from the amount of sale proceeds collector is prod a fee on CITY shall 6 report to Collector when the collateral ~s sold, and the sale pnce CITY shall then remit Collector's fee hereunder w~tlun 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 specfficat~ons of the Request for B~d G The captions ofth~s Agreement are for informational purposes only and shall not ~n any way affect the substantive terms or conditions of this Agreement 1N WITNESS HEREOF, the C~ty of Denton, Texas has caused this Agreement to be executed by ~ts duly authorized City Manager and COLLECTOR~has executed this Agreement through its duly authorized undermgned officer on th~s the ~ day of c ~a,j97~ {h~F- ,2000 CITY OF DENTON, TEXAS ~" I~li'chael W/Jez, Cl~ager ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY FIRE, INC By ~y~ ~~--- Name M~ke Barton Title Account Representative WITNESS 7 PURCHASING DEPARTMENT BID INVITATION PAGE 1 OF 9 City of Denton B Texas Street CITY OF DENTON, TEXAS Denton Texas 76201 Date July 6 2000 BID NUMBER 2544 BID TITLE FIRE SERVICE BILLING Sealed bid propo~s will be received until 2 00 pre TI Il .Y 27. ~'flNO 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 DFW Metro 940 349 7100 617-267 0042 INSTRUCTIONS TO BIDDERS 1 Sealed hid proposals reust be ~, on this form prior to opening date end 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 dalivered to the Purchasing Depariment Cie] of Denton 901-B Texas Street Denton TX 76201 3 Any submliied article deviating from the specifications must be identified and have full descriptive data accompenying saree 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 dented by the bidder 6 In case of default after bid acceptance, the City of Denton Te~s may at its opt:inn hold the accepted bidder or contractor liable for eny and all resultant increased costs as a penalty for such defaalt 7 The City of Denton reservns the right to reject any ond all bids to waive all informalities and require that submitted bids remain in force for a sixty (60) day period after opening or until award is made whichever corees first 8 The quenfl~ns shown may be approximate and could va~ according to the requirereents of the City of Denton throughout the contract period 9 The items are in be prlead each net (Packaging or shipping quantities will be considered ) 10 Tbe Purchasing Department ~.~umes responsibility for the correctness end clarity of this bid and all information end/or questions perta~nreg to this bid shall be directed to the City of Denton Purchasing Agent 11 Any atterept to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqonlffic~on 12 The conditions and terms of this bid will be considered when evaluating for award 13 Tha City of Dentun is exempt frore all sules end excise tenes (Article 20 04-B) Purch/indspec/2544 bid fire billing doc BID NUMBER 2544 BID PROPOSALS PAGE 2 OF 9 City of Dmdon, T~xas 901 B Texas Street Purchasing I~partm~nt D~nton, Texas 76201 1 Compensation will be based on a fixed percentage of fees collected % Bid award will be based on the h~ghest percentage offered by the responding bidders and compliance with the bid requirements We quote the above f o b ddlwgt'd to Denton, T~v,a~ Shipment can be made in days from receipt of order Terms net/30 unle~ otherwise indicated In submiiling 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 Propo~lal must be properly priced slgaed and reterned MailIng Address Bidder/Company City State Zip Signature Telephone Fox Number Print/Type Name TItl Purch/bidspec/2544 bid fire bil~g doc BIO NUMBER 2fi44 SPECIFICATIONS PAGE 3 OF 9 Pu~ha~lng Department City of Denton, Texas Request For bid for Non-Resident Fire Service Billing and Collection The City of De~on is seeking a quahfied vendor to prowde non-resident fire service bflhng, collection and reporting assocmted with the City's fire serv~e calls The contract will be awarded to the vendor whose proposal is determined by the City to be the lowest responsible btdder Bids should be subrmtted based on a percentage of total collections The follovang re~ents must be met for full consideration m the declslon-malong process Vendor must perfonn non. resident fire sevac~ billing and collec~on ac~awt~es m comphance wah the laws of lhe State °f Texas and according to standard bdlmg practr, es · Vendor must produce mvolce wahm 10daysofrece~ptofmc~dentreportsfromtheClty · Vendor must pm,ode routine follow-up to ensure that billed accounts are collected witlun s~x months or less · Vendor shall assist the C~'y m the estabhshment of appropriate fees for fire services to be billed · Vendor must provide monthly reports to the City regarding status of m&wdual accounts and collection actmty · Bdlmg compensation wdl be a fixed percentage of fees collected · Vendor must remit the net collections received (total colleetlons less service fees) between the 15t~ and 20t~ day of each month · Vendor shall conduct tmmmg vath oty staff m the proper preparation and documentation of mcldents and reports used for · Vendor shall maintain a pmfessmnal lmbthty insurance pohcy w~th hrmts of not less than $1,000,000 annual aggregate · Vendor must obtain a sorety bond for $100,000 00 gtmmnteemg payment to the City for momes due the City under thc contract period Bids should include the following' Resumes of owner, president and any other employees who w~ll be assigned to the bflhng/colleceaon effort for the city of Denton, total number employed by finn and organmaUonal chart of finn 2 Statement of serwces to be performed and fee stmeture 3 Division of work between con~-~xn' and c~ty staff and conm~ctor's expeetatlons of city staff 4 Current number of chents conlracted for fire s~rvlce cost-recovery invoicing, total number of accounts cmrently under colleceaon for same, and a bastory encompassing the last five years of chents who have contracted w~th finn for fire serwce cost-recovery 5 List of references 6 Length oft~ae m business for fire serv~e enst-recovevJ invoicing 7 Location of bdlmg/colleetlon office and method of commumcat~on between con, actor's office and c~ty staff 0 e, telephone, fax, computer requrrements) 8 Sol%varedhardware configuration used by contractor 9 Samples of forms, mvolees, billing statements, monthly ~ and other documentsuon used or rcquue, d m the bflhng/collect~on process 10 Implementa~on plan for integrating the oty of Denton fire service cost-recovery rote present system 11 Documentataon of certrficates and hcenses 12 Sample con~'act Qucsuons concerning thas request for bid may be du~cted to Debblc Beyca, Management Assistant, Frre DeparUncnt at 940 349 8550