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HomeMy WebLinkAboutCollection AgreementM CMRE Financial Services, Inc.: Collection Agreement. This agreement is entered into as of the Q-71 day of 19 97 between The City of Arcadia (CLIENT) and CMRE Financial Services. Inc. (AGENCY). The term of this agreement shall be for (open) commencing on the 19�4 day, of OI/2l 19 A. AGENCY agrees to provide collection services as outlined in the Collection Services Overview incorporated as part of this agreement. B. Scheduled Services. AGENCY shall provide Services at times mutually agreeable between both parties. C. Business Reports. Upon request, AGENCY shall prepare and submit to CLIENT, in such detail as CLIENT reasonably may require, business reports relating to the Services. D. Medical Records. In accordance with Applicable Laws, AGENCY shall maintain the confidentiality of all patient - related medical records information. CLIENT retains exclusive rights to the ownership of and control of all medical records. E. AGENCY acknowledges agency capacity and at all times promises to represent CLIENT in the best possible light. All documentation is the sole property of CLIENT. AGENCY will cancel accounts as specifically requested by CLIENT. Said request may be performed by phone or written communication. F. AGENCY's Status. AGENCY shall act at all times under this Agreement as an independent contractor. The parties hereto agree that CLIENT shall not have and shall not exercise any control or direction over the manner or methods by which AGENCY provides the Services set forth herein. However, AGENCY agrees to perform the Services at all times in accordance with Applicable Laws and currently approved methods and standards of practice in the profession and shall act at all times in accordance with applicable ethical and professional standards. AGENCY shall have no claim under this Agreement or otherwise for vacation or sick leave, retirement benefits, Social Security, worker's compensation, disability or unemployment insurance benefits, or employee benefits of any kind. AGENCY shall be solely responsible for the payment of all applicable federal, state, and local income or other taxes (including, but not limited to, federal social security tax and federal and state unemployment taxes), on the compensation received under this Agreement. The sole interest and obligation of CLIENT is to assure that the Services will be performed in a competent, efficient, and satisfactory manner. G. Indemnity. 1. CLIENT covenants and agrees to indemnify and hold harmless AGENCY from and against any and all losses, damages, expenses, or other liabilities, including reasonable attorneys' fees, incurred as a result of the negligent acts, intentional acts, breach of this Agreement or omissions of CLIE'NT's agents, servants, or employees. 2. AGENCY covenants and agrees to indemnify and hold harmless CLIENT from and against any and all losses, damages, expenses, or other liabilities, including reasonable attorney's fees, incurred as a result of the negligent ads, intentional acts, breach of this Agreement or omissions of AGENCY's agents, servants, or employees. H. Financial Obligation. AGENCY shall not incur nor shall AGENCY have authority to incur any financial obligation on behalf of CLIENT without the prior approval of CLIENT. I. Notices. Notices or communications required or permitted to be given under this Agreement shall be in writing and given to the respective parties either by personal delivery or by certified mail, return receipt requested, addressed as follows, unless a party shall notify the other in writing of a change of address: AGENCY: '�Wv CLIENT: `wo, CMRE Financial Services. Inc. Lr /i i 900 S. First Avenue. Ste. H 4VO W, ,4 aA) 7&Q1 1V Ae Arcadia. CA 91006 -3919 A2C A1> i /9- , OA 91 PO 7 Notices given pursuant to this Paragraph shall be deemed to have been given upon delivery if personal delivery, and if mailed, two (2) days after the date of mailing. J. Entire Agreement. This Agreement supersedes all previous agreements and representations, whether oral or written, between the parties and constitutes the entire Agreement between the parties regarding the subject matter hereof. K. Provisions Held Invalid. If any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed and interpreted as if such provision had never been contained herein. L. Contingency Fees: 1. CURE Financial Services, Inc Softcore Collection Service (Optional 60 day program); • 35% 2. Hospital Physicians Business Bureau (HPBB) Continued Collection Service; • 40% 3. Legal (suit filed); • 40% M. Insurance. AGENCY maintains and agrees to continue to maintain errors and omissions liability and professional liability insurance. Professional liability insurance coverage shall include CLIENT. N. Confidentiality. AGENCY shall maintain the confidentiality of all patient - related billing and medical records information. O. Termination. Notwithstanding anything herein to the contrary, this agreement may be terminated at any time as follows: 1. Whenever CLIENT and AGENCY shall mutually agree in writing; or 2. Without cause by either party upon at least sixty (60) days prior written notice to the other party in which case the agreement shall terminate on the future date specified in such notice. IN WITNESS WHEREOF, the undersigned have executed this agreement as of the date first above written. CLIENT: The City of Arcadia U)46" M Iwy - c M404W (authorized name rinted]) (authorized signature & date) AGENCY: CMRE Financial Services, Inc. 900 S. First Avenue, Suite H Arcadia, CA 91006 -3919 626/44 -5151 or 800/521 -5816 (aut}yert* name [printed]) signature & date)