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06/21/2017 AgreementEMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, BOARD OF GOVERNORS OF FIRE & AMBULANCE DISTRICT 1, AND MAYTE REGLA MACHADO FOR POSITION OF EMS BILLING SPECIALIST THIS AGREEMENT is entered into as of June 2151 2017, 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 Mayte Regla Machado ("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 63rd 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 / MAYTE REGLA MACHADO 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 evaluation period (as defined in the Financial Incentive Program Resolutions), a comparison of EMS user fee revenue in accordance with Board of County Commissioners Financial Incentive Program Resolution and Board of Governors Financial Incentive Program Resolution 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. i. 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 (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 June 22, 2017 and terminating on June 21, 2019. 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 / MAYTE REGLA MACHADO 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 / MAYTE REGLA MACHADO 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: 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. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the EMPLOYMENT AGREEMENT / MAYTE REGLA MACHADO Page 4 of 6 Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the 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. (3) 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 County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 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, AT (305) 292-3470 [The remainder of this page intentionally left blank.] EMPLOYMENT AGREEMENT / MAYTE REGLA MACHADO Page 5 of 6 10. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, in the County of Monroe, Florida, this 21 st day of June 2017. CONTRACTED EMPLOYEE: MAYTE REQ A MACHADO By: Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: 'C4 'Mayor George Neuj nt Date: yt r-7 MONROE COUNTY FIRE CHIEF: JAMES K. CALLAHAN By: Da BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT I OF MONROE COUNTY, FLORIDA By. 1"sc-e- Mayor / Chairman Date: 2- t-7 ATTEST: KEVIN MADOK, COUNTY CLERK By: Deputy Clerk Date: 2 tt -2V (-7 O C3cn rn O J o cJ N �J Q� s��rl�� `� v o O 0 46��//1 7 EMPLOYMENT AGREEMENT/ MAYTE REGLA MACHADO Page 6 of 6 MONROE COUNTY JOB DESCRIPTION Position Title: Fire Rescue EMS Billing Specialist I Date: 08/30/13 1 FLSA Status: Nonexempt I Class Code: 8-59 GENERAL DESCRIPTION Working under the direction of the Fire Rescue EMS Billing Supervisor, this position is responsible for report review, data entry and retrieval, and records maintenance of an air and ground EMS billing program; and for performing complex administrative work within the division of Emergency Services. KEY RESPONSIBILITIES 1.*Reviews ePCR reports to ensure complete and accurate patient demographic, trip, billing, and insurance information; refers incomplete or inaccurate records to EMS Quality Assurance. 2. *Verifies or assigns condition codes, modifiers, levels of service, and other relevant claim data. 3. *Scans and attaches biomedical and supporting trip records to electronic patient care reports. 4. *Greets customers in person and by telephone, receives account payments, and assists customers as necessary in the completion of insurance forms, Air Resident (Trauma Star) waivers, and records requests. 5. *Assists Billing Supervisor with collection actions, including contacting patients by phone and arranging payments. 6. *Processes Air Resident (Trauma Star) waivers. 7. *Processes legal records requests for patient care reports and response records. 8. *Performs monthly EMSTARS extract and data submission to Department of Health, State EMS Division to comply with mandatory pre -hospital reporting requirements. 9. *Maintains strictest confidentiality; adheres to all HIPAA guidelines/regulations and County/Department Policies and Procedures. 10. *Completes and maintains purchase orders, processes invoices, orders supplies, keeps inventory records, processes mail. 11. *Processes RFPs, contracts, renewals, purchases, agenda items, special projects, and maintains records. 12. *Assists in budget preparation and monitoring expenses. 13. Performs other similar and related Emergency Services duties as assigned or required. * Indicates an "essential" job function. The information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities and qualifications required of employees assigned to this 'ob. c3 -q, 63 Position Title: Fire Rescue EMS Billing Specialist I Class Code: 8-59 1 Position Level: KEY JOB REQUIREMENTS Education: H.S. Diploma or GED required. Willing to become Certified Ambulance Coder within one year of employment. Experience: 3 to 5 years experience as administrative assistant required. Impact of Actions: Makes recommendations or decisions which usually affect the assigned department, but may at times affect operations, services, individuals, or activities of others outside of the assigned department. Complexity: Varied: Work is complex and varied and requires the selection and application of technical and detailed guidelines. Problems are not easy to identify, but are similar to those seen before. Moderate analytic ability is needed to gather and interpret data where results/answers can be found after analysis of several facts. Solutions can often be found by using methods chosen before in other situations. Decision Making: Analytic: Supervision is present to establish and review broad objectives relative to basic position duties or departmental responsibilities. Independent judgment is required to study previously established, often partially relevant guidelines; plan for various interrelated activities; and coordinate such activities within a work unit or while completing a project Communication Requires regular internal and external contacts to carry out programs and to explain with Others: specialized matters. Occasionally requires contact with officials at higher levels on matters requiring cooperation, explanation and persuasion, as well as with the public involving the enforcement of regulations, policies and procedures. Managerial Skills: Involves no responsibility or authority for the direction of others. Working Conditions/ Normal office situation. Typically sitting at a desk or table. Physical Ef fort. - On Call None. Requirements: Position Title: Fire Rescue EMS Billing Specialist I Class Code: 8-59 Position Level: APPROVALS Department Head: Name: Signature: Date: Division Director: Name: Signature: Date: County Administrator: Name: Signature: Date: On this date I have received a copy of my job description relating to my employment with Monroe County. Name: Signature: Date: