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2. 10/18/2017 Agreement, BOCC & BOG��couRr� Kevin Madok, cPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 9, 2017 TO: Debbie Lofberg Emergency Services FROM: Pamela G. Hancock, D.C. SUBJECT: October 18th BOCC Meeting Attached is an electronic copy of Item B16/G1, EMS Billing Supervisor Employment Agreement /Contract with Jan Purdin for a period of thirty -six (36) months effective August 19, 2017 through August 20, 2020, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney vla e-mail Finance vla email File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 -852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305- 852 -7145 EMPLOYMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND JAN PURDIN FOR POSITION OF EMS BILLING SUPERVISOR THIS AGREEMENT is entered into upon the date last below written by and between Monroe County, Florida, 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 Jan Purdin ( "Employee "). WHEREAS, the County previously entered in to an Employment contract with Ms. Jan Purdin for a period of 42 months which expired on August 18, 2017; and WHEREAS, the parties have found the contract to be mutually beneficial; and WHEREAS, the parties desire to enter into new contract with a retroactive date to ensure uninterrupted service; NOW THEREFORE, in consideration of the mutual promises contained herein the County and Employee set forth herein, it is mutually agreed as follows: EMPLOYMENT: Employee is hereby employed as the EMS Billing Supervisor as a Contract Employee as that term is defined in Section 2.03 of the 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 MCFR. 3. COMPENSATION AND BENEFITS: County and Employee agree that the position of EMS Billing Supervisor will be a frill -time position deemed exempt under the Fair Labor Standards Act. Work hours performed, annual leave, personal leave, and sick leave hours taken will be documented on a forin or forms to be provided by County. A. Base Pay: In return for performance of the duties set forth in Exhibit A, including but not limited to specific dupes assigned by Monroe County Fire Rescue ( "MCFR ") from time to time, Employee shall receive an annual salary in the amount of $68,000 retroactive to August 19, 2017. 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 inthe Monroe County Personnel Policies & Procedures Manual ( "Manual ") as said Manual may be amended Jan Purdin Agreement Page 1 from time to time excluding health, accidental death & dismemberment and life insurance coverage under County group policies. 1. Health insurance may be included in the Agreement at some future date in the event the Employee has a qualifying event such as losing her non- Monroe County health insurance coverage. 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. For travel and expenses for authorized and approved business purposes, other than commuting to and from work, Employee may request reimbursement of actual expenditures where documented evidence is provided detailing the actual expenses incurred in accordance and consistent with Monroe County policy. 1. Employee agrees to obtain EMS Ambulance Billing and Coding Certification within six months of execution of this agreement. Tuition costs related to the certification is eligible for reimbursement by MCFR of the actual expenditure. 4. SOLE EMPLO MENT: 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. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL RELEASE: A. Normal Term. The normal term of this Agreement will be a period of thirty -six (36) months, commencing August 19, 2017 and terminating on August 20, 2020. B. Extension of Time. The parties may extend the term of Agreement by written addendum to this Agreement. C. Termination of Agreement: In entering into this Agreement, the Employee understands that she serves at the pleasure of MCFR; and that the Employee can be terminated at any time upon thirty (30) days written notice by MCFR without cause. 2. In entering into this Agreement, the Employee also understands that she can beterminated at any time upon 24 hours written notice by MCFR 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 aitthe 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. T9e 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. Jan Purdin Agreement Page2 4. 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 Person el Policies and Procedures. 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. 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. Jan Purdin Agreement Page3 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). 2. "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: 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 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 thatwould 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 Jan Purdin Agreement Page4 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 CONTRA CTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470. 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. IN WITNESS WHEREOF, the parties have set their hands and seals, in the County of Monroe, Florida this 20` day of September, 2017. WITNESS: By: 644"7�--� BOARD OF COUN'T'Y COMMISSIONERS OF MONROE COUNTY, FLORIDA By: X. � ow M a y o n r. George Neugent Date c - � Q 1 8, 2- - .ATTEST -:-' ^ �KEV De Date: OCZA MADOK, CLERK ty Clerk -.o 18 U I On behalf of Monroe County, Florida By: Ja s . Callahan, Fire Chief Employee By: lei, Jan Purdin On behalf of Monroe County Fire & Ambulance District 1 By: Jame . Callahan, Fire Chief Jan Purdin Agreement Pages : en + , r" C3 's PI Cl 7K, %n C o M n ?�? 7J o: Jan Purdin Agreement Pages Exhibit A EMS Billing Supervisor Jan Purdin Agreement Page 6 MONROE COUNTY JOB DESCRIPTION Position Title: Fire Rescue EMS Billin Supervisor Date: 08/30/13 FLSA Status: Exempt Class Code: 10 -62 GENERAL DESCRIPTION This position is responsible for the implementation and management of an EMS billing program, to include: the review of patient care reports; verification of trip data, patient demographic, payment, and insurance information; selection of procedure codes, diagnosis /condition codes and modifiers; claims submission and follow up; and account postings and receivables for air and ground ambulance transports. This position may either be career service or as a contracted position. If a contract position, it does not have career service rights and may be terminated in accordance with the terms of the contract. KEY RESPONSIBILITIES 1. *Develops, implements, and manages EMS billing program. . 2. *Drafts and submits for approval and adoption ambulance billing policies and procedures. 3. *Reviews or supervises review of ePCR reports to ensure complete and accurate patient demographic, trip, billing, and insurance information; refers incomplete or inaccurate records to EMS Quality Assurance. 4. *Ensures appropriate pre - billing assignment of condition codes, modifiers, levels of service, and other relevant claim data. 5. *Liaisons with area hospitals to facilitate accurate collection of billing information. 6. *Prepares and ensures accurate, timely and compliant claims submissions. 7. *Reviews and analyzes remittance advice, identifies and investigates denied and rejected claims, identifies possible resolutions and resubmits or appeals claims if applicable. 8. *Posts payments to accounts, reconciles lockbox, and completes billing to secondary payers and /or patient. 9. *Initiates collection actions including contacting patients by phone, arranging payments, and correcting and resubmitting claims to third party payers. 10. *Analyzes and manipulates data, writes queries and generates billing, financial, and incident reports using a variety of software and reporting programs. 11. *Monitors and keeps abreast of changes to governmental regulations and medical billing and coding standards, and modifies billing process as necessary to ensure compliance, and maximize reimbursements. 12. *Periodically surveys comparable air and ground ambulance service providers to determine their service fees and charges, and makes recommendations for modifications of County rates as necessary. 13. *Works closely with the County's Internal Audit Department during ambulance billing audits. 14. *Supervises Air Resident (Trauma Star) waiver program. 15. *Prepares annual air and ground ambulance, and Air Resident Waiver write -offs for presentation and action by the BOCC. 16. *Maintains strictest confidentiality; adheres to all HIPAA guidelines /regulations and County/Department Policies and Procedures. 17. 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 job. Jan Purdin Agreement Page 7 Position Title: Fire Rescue EMS Billing Supervisor Class Code: 10 -62 Position Level: 10 KEY JOB REQUIREMENTS Education: Associates degree or acceptable combination of education and management experience is required. Certified Ambulance Coder preferred. Experience: 5 to 7 years experience in medical billing and coding required, at least 3 of which must have involved ambulance billing. A minimum of three years related professional managagement/supervisory experience 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: Analytic: Work is non - standardized and widely varied requiring the interpretation and application of a substantial variety of procedures, policies, and/or precedents used in combination. Frequently, the application of multiple, technical activities is employed; therefore, analytical ability and inductive thinking are required. Problem solving involves identification and analysis of diverse issues. Decision Making: Highly Complex: Supervision is present to review established departmental and/or divisional objectives. Independent judgment is required to recommend departmental or divisional objectives, evaluate new approaches to problem solving, and assess changing facts or conditions. 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: Responsible for providing limited supervision for one or more functions within a department. Formally plans, assigns, directs, and coordinates the work of these functions. Typically responsible for performing some non - supervisory duties in addition to supervisory responsibilities. May perform staff evaluations and make recommendations regarding a and/or performance. Working Conditions/ Normal office situation. Typically sitting at a desk or table. Physical Effort: On Call As required. Requirements: 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: L LO jqj d c Signature: �� ---�� Date: g �3/•�/7 Jan Purdin Agreement Page 8