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HomeMy WebLinkAbout20050343.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - FIRST PARTY RECEIVABLES SOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Memorandum of Understanding Concerning Professional Services between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, on behalf of Weld County Paramedic Services, and First Party Receivables Solution,with further terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said memorandum, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding Concerning Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Weld County Paramedic Services, and First Party Receivables Solution, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 31st day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO "a Y 00* �/u William H. Jerke, Chair 1861 'k - . `are Clerk to the Board Pet- EXCUSED Cu /> M. J9 tile, Pro-T eputy Clerk to the Board ca,i Da d E. Lo A OV AS TO � _ Ro. [ezu�Mas rn ounty Att rneiy Glenn Vaad�— Date of signature: 2005-0343 AM0018 00 ihmc3 oa - �s MEMORANDUM OF UNDERSTANDING CONCERNING PROFESSIONAL SERVICES The Board of County Commissioners for Weld County, State of Colorado, on behalf of the Weld County Paramedic Service ( "WCPS"), and First Party Receivables Solution ("FPRS") hereby enter into this Memorandum of Understanding ("MOU"), and agree as follows: 1. WCPS may forward to FPRS any new WCPS accounts which are not in default and do not indicate that the patient who received services from WCPS was covered by any insurance or federal or state benefits at the time such services were rendered (hereinafter, such accounts will be referred to as "the accounts"). The accounts will be "batched"and forwarded to PFRS electronically. Although the accounts may be forwarded at any time, FPRS prefers that the accounts be forwarded within thirty(30) days from the date services were provided by WCPS. 2. If FPRS discovers that the patient named on any of the forwarded accounts does, in fact, have insurance or federal or state benefit coverage applicable to the services that were provided to the patient, FPRS will immediately return such account to WCPS. 3. FPRS will work each account forwarded to determine as quickly as possible, location of the individual or individuals responsible for payment of the account, and to contact that or those individuals to develop payment agreements and to collect payments on the accounts ("the FPRS work"). 4. Fees to be paid to FPRS for the FPRS work shall be as follows: Twelve percent (12%) for accounts received within the first thirty days from when the account became self-pay or patient portion; FPRS shall be entitled to retain one hundred percent of the statutory interest on all accounts for which FPRS provides collections services, as opposed to locate services only; WCPS shall reimburse FPRS for postage expense incurred by FPRS on a monthly basis; WCPS shall pay FPRS a fee of five dollars ($5.00) for all accounts for which FPRS locates insurance or federal or state benefit coverage, and after which FPRS immediately refers such accounts to WCPS; 5. FPRS will submit invoices twice monthly, on the 15'and the 15th each month to WCPS, itemizing amounts collected, amounts owed for accounts collected, or other items due and owing. FPRS may offset any amounts due and owing to FPRS from WCPS, against the amounts collected. The balance of amounts collected shall be forwarded to 2005-0343 WCPS. If a balance remains due and owing to FPRS, WCPS will pay such invoiced amounts within thirty days after receipt of such invoice. If a dispute should arise concerning any item invoiced for payment, the payment shall not be due until the matter is resolved. The parties shall make a good faith effort to resolve all disputes within thirty days. If such disputes are not resolved within the thirty day time period,then after the thirty days have expired, either party may seek other remedies that are available in law or equity to resolve the dispute. 6. WCPS may request the return of any account at any time, unless FPRS is actively collecting on an account. If FPRS has located the otherwise unknown location of an individual or individuals responsible for payment on an account, but has not yet begun collection on the account, FPRS shall be entitled to payment of five dollars ($5.00) for such locate. 7. This MOU shall become effective upon signing by the parties to this MOU, and shall remain in effect for one year, with an automatic renewal from year to year unless sooner terminated as provided herein. This MOU may be terminated at any time by either party giving the other party 60 days written notice of intent to terminate. In the event this MOU is terminated by either party, FPRS shall return all accounts to WCPS within ten days after termination. FPRS shall be entitled to any fees or other amounts which have been earned by FPRS and are due and owing at the time of termination. 8. FPRS agrees to hold harmless and indemnify WCPS from any liability arising from services provided by FPRS pursuant to this MOU. 9. To the extent permitted by law, WCPS agrees to hold harmless and indemnify FPRS from any liability arising from services or data provided by WCPS pursuant to this MOU. Notwithstanding any provision contained herein to the contrary, WCPS does not waive any immunities to which WCPS is entitled under the law. 10. The parties to this MOU intend that the relationship between them contemplated by this MOU is that of independent entities working in mutual cooperation. No employee, agent, or servant of one party shall he or shall be deemed to be an employee, agent, or servant of another party to this MOU. 11. Notwithstanding any statement to the contrary in this MOU, Weld County and WCPS specifically do not waive any immunities to which they may be entitled under law. 12. Nothing in this MOU shall be construed to require WCPS or the Board of County Commissioners for Weld County to provide funding not previously budgeted, to forward to FPRS a minimum number of accounts, or to forward to FPRS any accounts at all. 13. It is expressly understood and agreed that enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned partis and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU agreement. It is the express intention of the undersigned parties that any entity, other than the undersigned parties, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. FIRST PARTY RECEIVABLES SOLUTI I N: By: lie /' 07/— Mi ael . Shoop Date Pr side. , CEO LD COUNTY PARAMEDIC SERVICE Dave Bressler, Director Date BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD, STATE OF COLORADO 1861 William H. Jerke, Chair O Il: • Yj eputy le to the Boar JAN Date 3 l 2005 Dat ,2Oc2,5-- 039Y Hello