07/20/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: December 16, 2016
TO: Chief Callahan
ATTN: Holly Pfiester
FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller c i
At the July 20, 2016 Board of County Commissioner's meeting the Board granted the approval and
execution of Item H1 Approval to enter into an Employment Agreement/Contract to fulfill the currently
open position of Billing Specialist, and authorization for the County Administrator/Fire Chief to execute
all necessary documents; pre- approval was given to move forward with contract/hiring at June 15, 2016
BOCC meeting.
C18 Approval to enter into an Employment Agreement /Contract to fulfill the currently open position
of Billing Specialist, and authorization for the County Administrator/Fire Chief to execute all necessary
documents; pre - approval was given to move forward with contract/hiring at June 15, 2016 BOCC
meeting.
Enclosed 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
File v/
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
DINA HEUER
FOR POSITION OF EMS BILLING SPECIALIST
THIS AGREEMENT is entered into as of.v July 2016, 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 Dina Heuer ( "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 63` 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 ")
EMPLOYMENT AGREEMENT/ DINA HEUER Page 1 of 6
from time to time, Employee shall receive an annual base salary in the amount of
$48,000.00.
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 in accordance with Board of County
Commissioners Resolution No. 100 -2014 as amended by Resolution No. 182 -2015
and Board of Governors Resolution 114 -2014 as amended will be conducted to
detennine 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 form the
County within one (1) 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 MCFR.
5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE:
a. Normal Term. The normal term of this Agreement will be a period of twenty -four
(24) 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 executed by all parties.
c. Termination of Agreement:
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.
EMPLOYMENT AGREEMENT/ DINA HEUER Page 2 of 6
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.
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.
EMPLOYMENT AGREEMENT/ DINA HEUER Page 3 of 6
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.
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:
"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.
EMPLOYMENT AGREEMENT/ DINA HEUER Page 4 of 6
ii. Upon request from the public agency's custodian of records or allow the public
records to be inspected or copied within a reasonable time 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 for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
iv. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers
all public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Brian Bradley
(305) 292 -3470,
Bradley- brian@monroec ounty -fl. gov
Monroe County Attorney's Office
1111 12 St., Suite 408,
Key West, FL 33040.
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EMPLOYMENT AGREEMENT/ DINA HEUER Page 5 of 6
10. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of
Monroe, Florida, this 20` day of July, 2016
CONTRACTED EMPLOYEE:
DINA HEUER
MONROE COUNTY FIRE CHIEF:
JAMES K. CALLAHAN
By. ".c� X .
Date: & I q q / 1 w
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor Carruthers
Date:
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Dat .
BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1 OF MONROE
COUNTY, FLORIDA
By:'
Mayor / Chairman
Date:
/� -/9-/(00
AMY HEAVILIN, COUNTY
(SEAL)
Clerk
Dater /a /
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MONROE COUNTY ATTORNEY
AP OVE AST R
NTHIA L. HALL
ASSISTANT COffI J ITORNE �Date _ 1 �
EMPLOYMENT AGREEMENT/ DINA HEUER Page 6 of 6