04/16/2014 BOGAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: June 24, 2014
TO: Chief Callahan
ATTN. Holly Pfiester
FROM. • Vitia Fernandez, D.
At the April 16, 2014 Board of Coup Commissioner's meeting the Board granted the approval and
execution of Item G2 Enter into an Employment Agreement/Contract fulfilling the newly created
Billing Specialist position and authorization for the County Administrator / Fire Chief to execute all
necessary documents.
Attached is a duplicate original of the above - mentioned for your handling. Should you have any questions,
please feel free to contact our office.
CC: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA,
BOARD OF GOVERNORS OF FIRE & AMBULANCE DISTRICT 1, AND
AMANDA HARBINSON
FOR POSITION OF EMS BILLING SPECIALIST
THIS AGREEMENT is entered into upon the date last below written by and between Monroe County, Florida,
( "County ") acting through its Board of County Commissioners ( "Board" or `BOCC "), a political subdivision of the State
of Florida, whose main business address is 1100 Simonton Street, Key West, Florida 33040, the Board of Governors of
Monroe County Fire & Ambulance District 1 (collectively, "County "), and Amanda Harbinson ( "Employee ").
WHEREAS, the position of EMS Billing Specialist is currently open; and
WHEREAS, the BOCC has solicited applicants for the position; and
WHEREAS, Employee has interviewed and been selected for the position; and
WHEREAS, negotiations between the County and Employee have resulted in this mutually acceptable
Employment Agreement ( "Agreement "),
NOW THEREFORE, in consideration of the mutual promises contained herein between the County and
Employee set forth herein, it is mutually agreed as follows:
1. EMPLOYMENT: Employee is hereby employed as the EMS Billing Specialist as a Contract Employee as
that term is defined in Section 2.03 of the County's Personnel Policies & Procedures Manual ( "Manual ").
2. DUTIES: Duties of the Employee will be as set forth in the Job Description attached hereto as Exhibit A, the
provisions of which are incorporated herein by reference.
a. The Employee shall not disclose to any person, party, or entity any confidential, proprietary, time -
sensitive, or non - public (including HIPAA) information relating to the County or its operations unless
required by law to do so.
b. Upon termination of this Agreement, the Employee agrees to immediately surrender all documents,
information, property and assets to the County.
c. Due to the requirements of this position, Employee is required to be physically present at the EMS
Billing Office located at 490 63r Street, Marathon, Florida 33050 for a minimum total 40 work hours
per week.
3. COMPENSATION AND BENEFITS: County and Employee agree that the position of EMS Billing
Specialist will be a full -time position deemed non - exempt under the Fair Labor Standards Act. Work hours
performed, annual leave, personal leave, and sick leave hours taken will be documented on a form or forms to
be provided by County.
a. Base Pay: In return for the performance of duties set forth in Exhibit A, including but not limited to
specific duties assigned by Monroe County Fire Rescue ( "MCFR") from time to time, Employee shall
receive an annual base salary in the amount of 41,787.12.
tMNLUYMENT AGREEMENT / AMANDA HARBINSON Page 1 of 5
b. Financial Incentive: In lieu of any annual merit or cost -of- living adjustment, the Employee will be
eligible for a financial lump sum incentive based upon billing and collections performance. After the
conclusion of each fiscal -year period, a comparison of EMS user fee revenue will be conducted to
determine whether a supplemental lump -sum payment is warranted for increased revenue receipts, not
to exceed ten percent (10 %) of base salary.
c. Benefits: Except as otherwise set forth herein, the Employee shall also receive all benefits set forth in
the Monroe County Personnel Policies & Procedures Manual ( "Manual ") as said Manual may be
amended from time to time.
d. Transportation and Business Related Travel: Employee agrees that she will be responsible for
providing her own motor vehicle for transportation. MCFR agrees to budget and pay for the costs
incurred by the Employee in attending approved seminar and continuing education courses as may be
necessary or appropriate to employee's duties and responsibilities under this Agreement and in
accordance with County Policy.
Employee agrees to obtain EMS Ambulance Billing and Coding Certification within 12
months of execution of this agreement. Tuition costs related to the certification are eligible
for reimbursement by MCFR of the actual expenditure in accordance with Section 2.11 of the
Monroe County Personnel Policies and Procedures Manual, including the condition that the
Employee must reimburse the cost of tuition if Employee terminates from the County within
one year of completion of the certificate course.
4. SOLE EMPLOYMENT: The Employee agrees that he or she will not perform any work, consulting services,
or other activities for any other person or entity, whether for remuneration or at no charge, without the prior
express written approval of the County Administrator.
5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE:
a. Normal Term. The normal term of this Agreement will be a period of forty -two (42) months,
commencing on the final date of execution of this Agreement.
b. Extension of Time. The parties may extend the term of Agreement by written addendum to this
Agreement.
c. Termination of Agreement:
i. In entering into this Agreement, the Employee understands that she serves at the pleasure of
Monroe County; and that the Employee can be terminated at any time upon thirty (30) days
written notice by County Administrator without cause.
ii. In entering into this Agreement, the Employee also understands that she can be terminated at
any time upon 24 hours written notice by County Administrator for cause. As used in this
paragraph, the term "for cause" will mean (a) dishonesty with respect to the business and
operation of the County; (b) confirmed violation of the County's drug policy; (c) refusal to
cooperate in an investigation regarding any aspect of the business or operation of the County,
including but not limited to an investigation which is conducted by or at the express direction
of the BOCC; (d) conviction of a crime which is classified as a felony or a crime involving
moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a
crime; (g) violation of a provision of the Monroe County Code; or (h) breach of any material
term or condition of this Agreement by the Employee.
tMNLUYMENT AGREEMENT/ AMANDA HARBINSON Page 2 of 5
iii. The Employee further understands that in the event of termination, the Employee is free to
apply to the County for any other position then currently open and the County is free to
consider the Employee for any open position, but that County has no obligation to place the
Employee in another position, and specifically has no obligation to place the Employee in a
position of equivalent or comparable salary, grade, or benefits. In entering into this
Agreement, the Employee therefore specifically waives the right to utilize the grievance
procedure set forth in Sections 9 and 10 of the Manual; House Bill No. 2658, Chapter 69-
1321, the Monroe County Career Service Council; as well as any rights to which a Monroe
County employee would otherwise be entitled under Chapter 447, Florida Statutes.
iv. Resignation. In the event the Employee resigns from the position prior to the normal
expiration date of this Agreement, the Employee shall be entitled only to payment for salary
through the effective date of the resignation and any accrued annual and sick leave in
accordance with Monroe County Personnel Policies and Procedures.
6. ATTORNEYS' FEES AND COSTS: In the event of any litigation initiated by either party, the prevailing
party shall receive reasonable attorneys' fees, costs of litigation, and related expenses, both at the trial and
appellate levels.
7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE: This Agreement is made in the State of
Florida and will be governed by Florida law. This Agreement may be signed in more than one counterpart, in
which case each counterpart will constitute an original of this Agreement. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the provisions of this
Agreement. Wherever used herein, the singular will include the plural, the plural will include the singular,
and pronouns will be read as masculine, feminine, or neuter as the context requires. Monroe County, Florida
will be the proper venue for any litigation involving this Agreement. This Agreement is not subject to
arbitration.
8. OTHER TERMS AND CONDITIONS:
a. Except as set forth herein, the Employee is subject to all terms and conditions set forth in the Monroe
County Personnel Policies & Procedures Manual ( "Manual ") as may be amended from time to time. To
the extent there is a conflict between the terms of this Agreement and the Manual, the terms of this
Agreement shall prevail.
b. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid, or
enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall
remain in full force and effect as if originally agreed to without the term, condition, or portion that has
been determined to be unconstitutional, illegal, invalid or unenforceable.
c. The waiver by either the County or the Employee of a breach or violation of any term or provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or
violation by the other party.
d. The County and Employee acknowledge that each has shared equally in the review of this Agreement
and, accordingly, no court or administrative hearing officer shall construe any provision of this
Agreement more strictly against one party over the other party, and every term, condition, covenant, and
provision of this Agreement shall be construed simply according to its fair meaning. Employee further
acknowledges that she or he has had the Agreement reviewed by an attorney, or has been given the
opportunity to do so and has waived that opportunity.
EMPLOYMENT AGREEMENT/ AMANDA HARBINSON Page 3 of 5
e. This Agreement incorporates and supersedes all prior negotiations, correspondence, conversations,
agreements, and/or understandings applicable to the matters contained herein. It is further agreed that
there are no commitments, agreements, inducements, or understandings concerning the subject matter of
this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated
upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and
by whomever made.
f. The text herein constitutes the entire agreement between the Employee and the County, and this
agreement cannot be amended except by a written document mutually agreed to and executed with the
same formalities as this Agreement. The rights and obligations of this Agreement are personal to the
Employee and cannot be assigned or transferred.
9. CONTRACTS; PUBLIC RECORDS — F.S. 119.0701:
a. For purposes of this section, the term:
i. "Contractor" means an individual, partnership, corporation, or business entity that enters into a
contract for services with a public agency and is acting on behalf of the public agency as provided
under s. 119.011 (2).
ii. "Public agency" means a state, county, district, authority, or municipal officer, or department,
division, board, bureau, commission, or other separate unit of government created or established
by law.
b. In addition to other contract requirements provided by law, each public agency contract for services must
include a provision that requires the contractor to comply with public records laws, specifically to:
i. Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the service.
ii. Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
iv. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all
public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the public agency
in a format that is compatible with the information technology systems of the public agency.
c. If a contractor does not comply with a public records request, the public agency shall enforce the contract
provisions in accordance with the contract.
10. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe,
Florida, this 16 day of April. 2014
EMPLOYMENT AGREEMENT/ AMANDA HARBINSON Page 4 of 5
CONTRACTED EMPLOYEE:
AMANDA HARBINSON
MONROE COUNTY FIRE CHIEF:
JAMES K. CALLAHAN
By By:
Date: L4 1 H D
ASSISTANT MONROE COUNTY ATTORNEY:
CYNTHIA HALL
Approved as to form:
By:
Date: 4' �— 9- It
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Date
(SEAL)
BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1 OF MONROE COUNTY,
FLORIDA
By: e
Mayor / Chairman
Date: (.Q' 2A - 1
Date:
T: AMY HEAVILIN, COUNTY
Deputy Clerk
(o•Zy-)
EMPLOYMENT AGREEMENT / AMANDA HARBINSON Page 5 of 5
RESOLUTION NO. 114 -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
GOVERNORS SETTING UP A BONUS [FINANCIAL INCENTIVE]
PROGRAM FOR MONROE COUNTY FIRE RESCUE BILLING
CONTRACT EMPLOYEES
WHEREAS, in February 2014, the Monroe County Board of County Commissioners
( "BOCC ") and the Board of Governors of Fire and Ambulance District No. 1 (`Board of
Governors ") approved an employment agreement for the position of Billing Supervisor, in order
to bring the function of billing and collection for Monroe County Fire Rescue ground and air
ambulance runs in- house; and
WHEREAS, in April 2014, the BOCC and the Board of Governors approved an
employment agreement for the position of Billing Specialist, also for the purpose of bringing the
function of ambulance billing and collection in- house; and
WHEREAS, both employment agreements set a base salary for each position; and
WHEREAS, both employment agreements then state that in lieu of any annual merit or
cost -of- living adjustment, the employees will be eligible for a financial lump sum incentive
based upon billing and collections performance; and
WHEREAS, the billing and collections functions were brought in -house by the BOCC
and the BOG in order to increase collections; and
WHEREAS, a portion of the salary for each of the two positions (Billing Supervisor and
Billing Specialist) is paid from the BOCC budget and a portion is paid by Board of Governors
budget, because air ambulance revenues are deposited into the BOCC budget and ground
ambulance revenues are deposited in the Board of Governors budget; and
WHEREAS, the BOCC and the Board of Governors wish to establish a financial
incentive program in order to incentivize the employees to increase collections; and
WHEREAS, Section 215.425, Florida Statutes, provides that any bonuses that will be
paid to employees for work already performed must be implemented through a policy, ordinance,
rule or resolution, which notifies the employees who will be eligible for the bonus in advance of
evlauation period of the performance standards and the evaluation process by which the bonus
will be awarded; and
WHEREAS, Section 409.913 (10), Florida Statutes, provides that payments for the
services of billing agents or persons participating in the preparation of a Medicaid claim shall not
be based on amounts for which they bill or on the amount the provider receives from Medicaid
(Note: only 3.6 percent (3.6 %) of Monroe County's collection revenues in the past twelve
months ending February 2014 came from Medicaid); and
Page 1 of 3
WHEREAS, in the past 12 months excluding Medicaid, Monroe County collected $2.3
million for combined ground and air ambulance runs, which translates to 33.7% of amounts
billed before adjustments; and
WHEREAS, it is the intent of the legislative body to describe the financial incentive
program for Fire Rescue billing personnel through this resolution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF GOVERNORS OF
MONROE COUNTY, FLORIDA, THAT
1. For the purpose of this resolution, the terms "bonus" and "financial incentive" are used
interchangeably.
2. For the purpose of this resolution, the term "Collections" refers to collections from all
sources not including Medicaid.
3. The initial time period covered by this financial incentive program for Billing Supervisor
and Billing Specialist shall run from May 1, 2014 to April 30, 2015. Thereafter, each
year, the evaluation period ( "Evaluation Period ") shall run from May 1 to April 30.
4. The average collection rate for air and ground ambulance combined during the time
period March 1, 2013 through February 28, 2014 not including Medicaid accounts was
33.70% (`Baseline Collection Rate ").
5. For every one (1) percentage point increase in Collections as a percentage of non-
Medicaid billed amounts over Baseline Collection Rate achieved by the end of the
Evaluation Period, each employee shall receive a one -time lump sum bonus ( "Bonus
Amount ") in the amount of one percent (1.0 %) of the employee's unloaded base salary,
up to a maximum increase of ten percent (10 %) of the Baseline Collection Rate, which
will translate to a maximum bonus of ten percent (10 %). By way of illustration, if
Collections increase from 33.70% at the beginning of the Evaluation Period to 38.70%
measured at the end of the Evaluation Period, which is an increase of five (5) percentage
points, each employee would receive a bonus in the amount of five percent (5 %) of the
unloaded base salary. Note, for the purposes of this illustration, a five percentage point
increase in collections would total approximately $340,000 in additional billing revenues
and would equate to a lump sum bonus of $5,300 for the two employees combined in the
first year.
6. The bonus amounts will be calculated one time annually, at the end of the Evaluation
Period. The bonus amounts will not be added to the base salary and will not be used for
computing average weekly wage for any other purpose, including but not limited to FRS,
unemployment or workers' compensation.
7. The bonus amounts shall be paid by the BOCC and the BOG in proportion to the amounts
collected by and for each entity at the end of the Evaluation Period. Each bonus program
must be approved by the BOCC and the BOG. If, for any reason, the bonus program is
not approved by resolution by both entities, then each entity will be responsible for
Page 2 of 3
paying its portion of the Bonus Amount, i.e., the total Bonus Amount, multiplied by the
percentage of Collections attributable to ground ambulance (in the case of the Board of
Governors) or air ambulance (in the case of the BOCC).
8. This bonus program shall continue from year to year until revised by the BOCC and shall
apply to whatever personnel hold the position of Billing Supervisor and Billing
Specialist. In subsequent years, the starting point, i.e., the Baseline Collection Rate, shall
be the collection rate for the preceding twelve months, i.e., May 1 to April 30.
9. To be eligible for the bonus, the employee must be employed by Monroe County on the
day that the Bonus Amount is paid out, following the end of the Evaluation Period.
PASSED AND ADOPTED by the Board of Governors of Monroe County, this 11th day of
June 2014.
Representative, Norm Anderson
Representative, Clark Snow
Representative, Danny Kolhage
Representative, George Neugent
Representative, David Rice
AMY HEAVILIN, CLERK
Yes
Yes
Yes
Yes
Yes
By-
Deputy Clerk
BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1 OF MONROE
COUNTY, FL
B /4'
Y
Chairman
MONROE COUNTY ATTORNEY
A ROVED AS TO FORM:
Page 3 of 3
Y HIA L. NALL
ASSIS ANT COUNTY ATTORNEY
Date S— al— *�-o1 f