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HomeMy WebLinkAboutPR 11661:FIRE DEPT. BILLING SVSI N T E R OFFICE MEMO To: From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney ~ 52e. Y. wt,..~ P. R. No. 11661 - March 5, 2002 Council Meeting February 25, 2002 Attached is Proposed Resolution 11661 authorizing the City Manager to execute an agreement with National Reimbursement Services, Inc. to provide a billing service for the Fire Department Emergency Response Costs. This was tabled at the February 19m Council Meeting. The effective date of thc contract has been changed to April MTS/ts Attachment CC: Acting Fire Chief Curran Director of Finance Robert Sarlay NATIONAL REIMBURSEMENT SERVICES, INC. 1240 Blalock Road, Suite 170 Houston, TX 77055 z.prl1661_2.memo P. R. No. 11661 02/20/02- ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NATIONAL REIMBURSEMENT SERVICES, INC. TO PROVIDE A BILLING SERVICE FOR FIRE DEPARTMENT EMERGENCY RESPONSE COSTS ~ WHEREAS, the City Council deems it in thc best intcrcsts of the citizens to authorize the City Manager to exccutc an agreement with National Reimbursement Services, Inc. to provide a billing service for thc Fire Dcpartment Emergency Response COSTS. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in thc preamble are truc and correct. Section 2. That thc City Council authorizes thc City Manager to execute an agreement with National Reimbursement Services, Inc., to provide a billing service for thc Fire Department Emergency Response costs, in substantially the same form as attached as Exhibit "A". Section 3. That a copy of thc caption of this Resolution be spread upon thc Minutes of thc City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, z.prl1661_2 by thc following vote: AYES: NOES: ATTEST: OSCAR ORTIZ, MAYOR JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.pr11661_2 EXHIBIT "A" 02/04/2802 ~"~ce / Comulting Contr~c~ Billing Service for Fire Depirtmeat Emergency Response Costs This contract is made and emered by and belween NATIONAL REIMBURSEMENT SERVICES IrC, hereinafter referred to as "Contractor," and the City or' Port Arthur, Texas, herehud~er referred to as "Thc Customer" to be effective as dated below. Whereas National Reimbursement Service lac has described the services and their experience ss delineated in Exhibit "A-l" and ~ Whereas the City of Pon Arthur provides Fire Depm t.~¢nt Emergency Response service in the City of Pon Arthur which includes but is not limited to (1) first responder, (2) HAZMAT, (3) firc suppression, a~i (4) ancillary services For and in consideration of the covenants and ~greement~ contained herein, and for their nmmal benefits, the parties agree as follows: TERM OF CONTRACT; TERMINATION'; SCOPE OF WORK The initial term of this contract shall be a l~riod of 12 months commencing upon the eff~ive date; provided, however, that the Customer shall have the right and option to renew for 3 one (1) year t~-ms under the same terms and conditions by 8~ving writ~c-n notice to Contr~tor of Customer's election to so extead the term hereof~ such notice to be siren not more then ninety (90) nor fewer than thirty (30) days prior to the expiration of the said initial term. (B) The parties further agree that either party may cancel and terminate this contract, without cause, upon thirty (30) days written notice to the other parry. (c) The Contractor shall provide for Fire Department Emergency Reponses account management, rate adjudication for Medicare and Medicaid, and electronic claim filing for only Medicare and Medicaid and insurance Corm'actor acknowledges and agrees that the provision of Fire Department Emergency Response Service by the Customer may or may not change over the term of this agreement. The rates charged may change, the service may change, and/or the service may cease to be a Customer function. The p~'ties agree that, if the service is stopped, neither party will have any further obligation under this contras. 02/04/2002 ~$:1:~ 7i~ ~ ~tui II. COMPENSATION AND PROCEDURES. Customer a~rees to pay Con, actor 10% of ncmal monies collected by the Contractor. It is tmd~rstood that Fire Department Emersency Response payments, for a number of valid causes, may be delayed for up m one hundred fii~/(150) days ~om date of service. In thai instance, Contractor collections will be based upon collections received as a resul! of billings during the coc, t~ct period. This determination will extend for a period ofon¢ hundred fifty (150) days atter the end oftbe initial period and apply only to billings generated within the conuact period. ~ Contractor will actively invoice for all Fire Department Emergency Response Accounts receivable on and alter the comract commencement date. Customer shall pay Contractor within thirty (30) days following receil~ of monies. Cot, i/actor shnll pay all costs of invoice pr~l~ ~iion and mailing cost. Ill. ACCOUNTS ARE PROPERTY OF CUSTOMER All accounts receivable, including documentation of any kind furnished by the Customer, shall at all times remain ~he property of the Customer. In the event of termination of this contract for any reason or expiration thereof; sc, count receivables and all other documentation that is generated, supplied or prepared by or for the Customer, shall be ~ within five (5) days to the Customer. IV, ADDrriONAL DUrUiS OF CONTRACTOR AND CUSTOMER In addition to the dutie~ provided in this Comxsct. the parties shall abide by the tbllowing terms and conditions: (A) REMITTANCE OF FEES Coniractor agrees that all fees collected or paid shall be directly remitted to the City of Port Arthur at !~.~. 4a' Street, Port Arthur, Texa~. All instructions for payment issued by ConI~actor shall indicate that pal~nent shall be made to thai effect. In no event shall Contractor designate, Nnply or infer that paymen~ should be made in any other manner for collections under this Contract. (B) TELEPHONE SERVICE Contraaor a~'ees to have in operation within three (3) days after the execution of this Contrac~ a toll-free phone number, which shall be without cos~ or expense to the ciller, which will be staffed during regular business hours by an employee of ConiTactor who will ~sw~ any questions ~gsrdiag the bills or other grvices provided by Co~ctor uslet this qt~m~. TI~ pho~ ~mber shall b~ published on all statements gem by Comractor in its efforts of collection aM billing under*his ~reer~nt. (C) CUSTOMER TO PROVIDE RECORDS Customer ~ that it shall provide the Fire Depmlmem Emerg~ocy Response reports to Contractor to allow it to fulfill its duties under this Agreement. Couiiictor shall maintain the confidentiality of thc records ~s is required by federal, state, and local laws. V. TIME OF COMPLETION Cont~aaor ~'ees and cov~oams that the Company will set in good faith to invoice within t~a days of ~rec~__'_pt oftha Fire Dep~ment F.m~gancy Respoage reports. VL PROTECTION AGAINST ACCIDENT TO I~VlPLOYEES AND THE PUBLIC The Contractor shall ~ ~11 times exercise r~asonable ~re.c~utions for the safety of employees and oth~s on or near the work and shall comply with sll applioble provisions of Foder~ State and Municiptl safety laws. TI~ safe] pr~_,~c~__,!ions actually take~ and the adequacy ~he~eof shall be the sole responsibilhy of the Contractor. VII. RECORDS Cootractor shall keep available for inspection and copying by Custom~, r~xx~ds, whc~er writtan or electronically generated and atored, which ~fficiemly ~md ndequ~tely contain all bills and collections, sccovnt~ activity, disposition, etc., rdative to this Coatra~t. Th¢~ r~ords ~hall be kept from the inoq~liun ofth~ contract aml for two yeats followin8 termination or expiration of the COnisC~:. VIII. LAW AND ORDINANCES The Contra~or shall at all time~ o{~etv~ and comply with all Federal, State, and local laws, ordinance, regulatiom ~nd polici~ of the O~orae,, which in any m~aner affect the Contractor or the work, including thoge related to dd~t colle~io~ shall indemnify and ~ave h~les~ the Customer ~g~inst ~ny claim a~ismg ~om the violation of any such laws, ordinances and regulltions whether by the Coui~ctor orhi$ employe~. IX. ASSIGNMENT AND SUBLETTING The Contractor a~re~ to re~ain control and to give full attention ~o the fulfillment of this Contract, that this Contract will not be assigned without the prior written consent of lh¢ Customer, and that no pa~ or f~atur¢ of the work will be mblei to anyone ob~ectiormble co the Fire Chief. The Contractor further agrees tha~ the subletting of any portion or feature of the work, or materials required in the performance of this Agreement, ~! not relieve the Conu'actor fi'om his full obligations to the Cu~mer ~ provided by this Agreement. X. IHDEPENDENT CONI KACTOR; INDEMN~'ICATION The Conuac~or is and shall be an Independent Contractor a~d shall not, with respect to its acts or omissions, be deemed an a~.m or employee of the Customer. The Comt~ctor shah dcfgmJ, ind~ sad hold bm-mless the Customer and its offic~, agents, and employees from ~d ~sains~ all dsmqes, injuries (includin~ dg~h), claims, proverty dama~ (including loss of use), losses, demands, suits, judgments and costs, including reasonable _s~___,~ney's fees and expenses, in any way arising out of or resulting ~om the performance of'the work or c4ms~d by the negligent act or omission of the Contractor, his oi~ce~, ~ employees, so~, licens~ or invitees. INSURANCE AND CERTIFICATES OF INSURANCE Co,agactor shall procure and maintain for the duraxion of the contrac~ liability insurance in the amount of $100,000. XII. MISCELLANEOUS (A) BINDING OF PARTIES The undersiip~xl represents and wan-ants thai he or she is the duly amhotized representative of the Co,~ actor and is authorized to execute this contract, which has been approved and accepted by the Contractor. This Agreement shall not be consick~d fully executed or binding on the Customer until the same shall have b~--n executed by the Cu~torn~ in the appropri~e approval process for the Customer. This Contract shah be bindin8 upon ~e parties, and their mccessors and assisns. (B) PARAGRAPH HEADINOS The paragraph headings contained herein are for convenience only and are not iotended to define or limit the scope of any provisions ia this Agreement. 170 ~Tmm~ ~/l~) a(~-S2~O (C) INTERP~T CONTRACT FAIRLY Regardless of who drat~ed the con. ct. should any part be in dispute, the parties agree that the Agrecment shall not be construed more favorably for either party. (D) ~/GOVERNINO LAW In the event of breach of this Contract, venue for all causes of action shall be instituted and maintained in Jefferson County, Texas. The parties agree that the laws of the Sate of T~xas shall apply to the interpretation, validity and enforcement of this Al~reemcm. (E) NOTICE Except as otherwise provided in this Contract, all no~ices required or permitted shall be in writing and be deemed to be delivered when received at the address provided below. Each part3, shall noti~ the other in writin~ upon change of address. City of Port Arthur Attention: Fire Chief 300 Waco Avenue Pon Arthur, Texas 77641 1240 Blalock Road Suhe 170 Houston, Texas 77055 713-465-5200 (F) SEVERABILITY The provisions of this A~reement are seve~ble. If any paragraph, section, subdivision, sentence, clause, or phrase of this As~reement is for any reason held to be contrary to law or contrary to any rule or resulation having the force and effect of the law, such decisions shall not affect the remninln8 portions of the Agreement. However, upon the occurrence of such event, either party may terminate thi~ Agreement by giving the other patly thirty. (30) days written notice, (G) ENTIRE CONTRACT It is understood and agreed that the entire agreemem of the parties is contained herein and chat this agreement supersedes all oral agreements and negotiations benveen the parties rela~in~ to the subjec! matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. This Agreement is effective on the I'~ day of April 2002. 124o ~ Road. ~uit+ 1"~o Signed on the day of 2002. NATIONAL REIMBU]RSgMENT SERVICES INC Date: Signature: Printed Name: T~e: Signed on the day of CITY OF I~ORT ARTH-KTI~ Date: Si~nnture: Printed Name: Thle: EXHIBIT "A-i" ~ ~ 8 ,~ ~ o o ,?., ~ EEggO_~~ MANAGEMENT Robert Sarlay, Chief Executive Officer, Director Mr. Sarlay attended the University of Dallas to pursue his MBA. He was listed in Who's Who in America in 1993 and has extensive experience in a wide variety of industries and corporations including multi-state operations. He has decades of medical management experience in operations, billing and administration. His personal compassion was evident in his success in the medical management; field, where he ran nursing home facilities in Dallas, Houston, and across Texas. He served as President of Advanced Care Centers of America in Houston, and helped it become a statewide operation with 13 long-term care facilities, 1000 employees, and annual revenue of $50 million. There he was also responsible for computerizing the company's systems, and initiated quality assurance and employee recognition programs that focused on employee training, empowerment, and involvement. He has served as VP for Investor Relations with a major national legal services company that is publicly traded, as operations VP for JTM Management-Dallas, with $25 million-per-year in revenues. It was there that he revolutionized the company by computerizing its complete management systems. He successfully ran a commercial real estate venture in Houston with $27 million in annual revenue and for three years Mr. Sarlay was President ora Tyler, Texas oil company, having been appointed by the United States Tmstee. He reinvigorated it to $100 million in annual revenue, enabling it to be merged back in to the parent organization. Scott Sarlay, Vice President Technology, Director Scott holds a BS in Information Systems from the University of Texas - Arlington and has extensive experience in data, programming, and systems work. His technology knowledge and programming experience is an integral part of the success of our automation of billing and collections. Scott developed and holds the right to the un/que SofrBillTM medical billing and collecting system, which the company licenses and uses to its advantage over its competitors. This is where the company gains its competitive advantage over other bidders. Scott has converted major accounting systems to client/server systems on MS SQL Server 7.0. His responsibilities included data conversion from three different accounting systems, development of custom interfaces to automate data entry into a consolidated accounting systems, automation of weekly and monthly reporting via corporate intranet and e-mail, user training and support. Scott created applications to automate employee payroll data feeds from point of sale systems into the corporate payroll system. The application was deployed using Visual Basic and Crystal Reports to gather data and feed into MS SQL Server 6.5 database. He provided support for Windows NT network, MS SQL Server 6.5/7.0, and MS Exchange Server. As a Systems Analyst, and Systems Programmer he developed a "watchdog" application in Visual Basic 4.0/Access/Cyrstal Reports to monitor credit card theft by employees, and created a corporate data repository for share sales, labor and inventory with Visual Basic/Crystal Reports/MS SQL Server. These applications gathered data fi.om point-of-sale systems, consolidated the data at corporate level and provided sales and cost reporting via Excel or corporate intranet. His application also provided budgeting and forecasting reports. He developed IVR (Interactive Voice Response) system to capture and measure customer experiences. The application used Visual Basic/MS SQL Server/IVR software to allow customer to dial 800 number, listen to prerecorded questions and answer by pressing numbers on a touch tone phone. He installed, configured and supported MS Exchange Server 5.0 and MS IIS 4.0 at the corporate office. He also established MS Exchange Server-supplied Intemet mail capabilities to the corporate office and remote restaurant shares or regional managers. His technology proficiency includes MS SQL 6.0, 6.5, 7.0, Visual Basic 4.0, 5.0, 6.0, MS Exchange 5.5 Windows 95,98,NT, Crystal Reports 6.0, 7.0, MS Office, MS Access 97,2000. ~ Jonathan C. Gilchrist, ID, Director/General Counsel Mr. Gilchrist and has served as a Director since our inception. Prior to our incorporation, Mr. Gilchrist held various offices with iExalt, Inc., (OTC BB: IXLT). After founding [Exalt, with four other business leaders, Mr. Gilchrist served at different times as a Dkector, Chief Operating Officer, Secretary, Executive Vice President and General Counsel [Exalt. His employment with iExalt ended on December 31, 2000. In 1999 Mr. Gilchrist founded The Internet Business Factory, Inc., a Nevada corporation and serves as its Chairman and Chief Executive Officer. Prior to founding [Exalt, Mr. C,-ilchrist served as President of The American Law Network, LLC, which he helped found in November 1997. From 1993 to 1997, Mr. Gilchrist worked as an attorney for the law firm of Orgain, Bell & Tucker, LLP. He is a graduate of the University of Alabama School of Law and worked as an attorney for Exxon Company, USA from 1990 to 1993. James W. Carroll, CPA, CMA, Treasurer/Director Jim holds a Bachelor's degree, summa cum laude, in economics and management, as well as a Master's degree in accounting fi.om Rice University. He became a Certified Public Accountant in 1978 and a Certified Management Accountant in 1979. In the late1970's Jim served in Ernst & Young in their management consulting division. Through the 1980's and early 1990's, he worked for the Cullen Family in Houston, Texas (net assets exceeding $1 billion). For the last seven years there, Jim was the Chief Financial Officer of their principal company, Quintana Petroleum. While there, he helped to start-up their operations in Argentina. Also, in the early 1990's, Jim was an Adjunct Assistant Professor of accounting in the graduate business school at Rice University, co-teaching a course in Strategic Cost Managemem. In the mid and late 1990's, he started his own group ofoil and gas entities, purchasing and drilling wells both domestically and on a 1000 square mile concession he acquired in Central America. His holdings now include interests in over 400 active wells. Recently he served as the Chief Financial Officer for iExalt, Inc., seeing them through their first year as a publicly traded company. Presently, Jim is the President of Goldbridge Capital in Houston, which specializes in underwriting Discretionary Drawdown Offerings for public companies. Chuck Dunbar, Vice President of Marketing and Customer Relations Mr. Dunbar directed both the inside and outside sales staff at National Law Library--a large subsidiary of a major publicly traded Internet company. Prior to joining National Law Library Chuck served with distinction in the US Navy during the Vietnam conflict. He was responsible for building one of the largest commercial landscape design and maintenance compames in Texas. He holds a AAS degree in Landscape Architecture from Kkkwood College. His sales experiences are varied and extensive. He has directed successful sales departments and staff in a wide variety of service enterprises and sales entities. Thomas Murphy, CPA, Director Mr. Murphy has nearly a decade of senior experience in Medicare and Medicaid and private payment billing systems. He has been the chief financial officer for three major nursing home companies and has overseen the establishment of significant accounting systems in all of these companies. He received his degree in accounting from Angelo State University in 1987 and became licensed as a Texas CPA in 1992. In addition to exceptional accounting and computer system skills Tom also has hired and trained more than 100 bookkeepers and accountants. He has demonstrated skills in personnel management, vendor relations and banking relations. Alan Kansas, JD, Director Mr. Kansas received his B.A from the University of Texas at Austin, and a Jurist Doctorate from the University of Houston Law Center, where he graduated cum laude and served as an editor of the Houston Law Review. After law school, Alan became an associate at Baker Botts LLP, one of Texas' premier law rims, where he practiced in the Litigation group. Alan is admitted to practice in the State of Texas, the Southern and Eastem Districts of the Texas Federal Courts, and the Federal Fifth Circuit. He is a member of the Texas and Houston Bar Associations, and the Houston Young Lawyers Association. Alan also served on the Board of Directors for the Houston Chapter of the Texas Association of Business & Chambers of Commerce (2000 & 2001). Alan is presently Special Counsel with the New Orleans firm of Jones Walker. B. L. Parker, Director For over 30 years B. L. Parker has dedicated his professional talents to the State of Texas. He has served as the Assistant Sergeant-at-Arms and later was elected the Sergeant-at-Arms of the Texas House of Representatives. He served with distinction under four Governors in the State of Texas and most recently has served in various capacities to then Governor Bush and now Governor Perry. A native of Tahoka, Texas B. L. Parker attended Texas Tech University and graduated from the Dallas Mortuary College. Upon graduation in 1951 he entered the United States Navy and served in the 1~t Marine Division in Korea as a Combat Corpsman. Some highlights of his distinguished career include: ~ 1998 - 1999 Texas House of Representative Assistant Doorkeeper, · 1990 - 1991 Chairman Texas Employees Retirement System, · 1989 - 1991 Legislative Aide - John Sharp State Comptroller, · 1982 - 1989 Legislative Aide - Robert Bullock, Lt. Governor, · 1979 - 1981 Special Assistant Governor William Clements, · 1973 - 1979 Special Assistant Governor Dolph Briscoe, · 1979 - 1984 Director/Member Lower Colorado River Authority, · 1984 - 1990 Trustee Texas Employees Retirement System, · 1983 - 1984 Vice Chairman Lower Colorado River Authority, · 1982 - 19991 Member Guarantee Student Loan Corporation, · 1980 - 1986 Board of Regents - Texas Lutheran College, · 1955 - 1957 Texas House of Representatives Assistant Sgt-At-Arms, · 1957 - 1961 Texas House of Representatives Sbt-At-Arms, · Ex-Officio Member - Senate Natural Resources Committee, · Ex-Officio Member - Senate Water Resources Committee, · Chapter President - Texas Public Employees Association, · Current Member - Texas Ranger Museum and Hall of Fame Foundation PORT ARTHUR FIRE DEPARTMENT MEMORANDUM TO: STEVE FITZGIBBONS, CITY MANAGER /~ I IJJ FROM: STEPHEN L. CURRAN, ACTING FIRE CHIEF ~ RE: NRS BILLING DATE: MARCH 1, 2002 COMMENT The attached letter is to address the City Council's questions regarding double billing of Medicare and Medicaid. The concerns were relayed to Mr. Robert Sarlay, National Reimbursement Services, Inc. and he responded with the attached letter. Mr. Sarlay will attend the March 5th Council meeting to answer any questions that the City Council might have. Attachment SLC:cd Cc: Mark Sokolow, City Attorney "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" 03/01/2802 10:2~ 713-256-3701 P~,~ 01 February 27, 2002 Stephen L. Curran Acting Fire Chief Port Axthur Fire Depaflmem 300 Waco Stree~ Port Arthur, Texas 77641 VIA FACSIMILE 409-983-8719 (Curran) VIA FACSIlV~I~.g 409-983-8124 (Sokolow) Dear Chief Curran; Thank you for ~iving us the opportunity to be of service ro Po~ Arthur. I'd like to clarify some op,:rstional and billing procedures concerning First Response billing and Hazmat billing. 1. No citizens will be billed for these senrices, nor will the City be billed for any incidents, nor will the City's insurance companies be billed for any incidents. 2, Medicare and Medicaid are not double billed. It's against the law to double bill Medicare and Medicaid. The ambulance provider bills M~ticare and Medicaid for transports. First Respons- bills liability carriers. 3. First Response billing is rendered primarily to the auto liability earri~r for tbe st fault party. In single auto responses the auto liability carrier is billed. 4. O~her applicable insurance carriers are billed as the occasion m~ndates, such as property liability carrier~. 5. Corporate I/ability carders and the self-insured corporations themselves are quick to respond to Hazmat clean-up billing. 6. Some other political entities in Texas that bill for First Response, fire, and Hazmat are: a~ City of Waco b. Tmvis County (Austhx, Texas) c. Brownsville d. San Antonio e. Larndo 1240 BLALOCK RD SUITE 170. HOUSTON, TEXAS 770~ (713) 46.~6200 (713) 2~,~701 FAX 03/0£/2002 10:2~ 71~-255-$701 Pa,.~ 02 f. Burkeville as well as many other municipalities sad political entities all over the USA. Automobile liabilities policies, properly liability policies, general business liability policies, and umbrella liabilily policies have clauses that acce~ responsibility for these incidents. Federal law fixes responsibility on Hazmst cle~n up to the "infractor". If billing is not rendered to the liability carrier the insurance company just gets a free ride. IfI can provide any further information or answer any other questions please feel bee'to contact me immediately. We axe looking forward to working with the City Adminiat,'ation to maximize the legitimate financial entitlements and reimbursements due the citizens of Port Arthur cc: IViaxk T. Sokolow 1240 8LALOCK RD SUI~ 170. HOUSTON, TEXAS 7'~{~5 (?l 3) 4~,~2{~ ('/'15) 26~-,3701 FAX