Loading...
Item C28BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 16 2014 Balk Item: Yes ® No ❑ Dividon: Emorganacy Services Departaent: Fire Rescue Staff Contact Person: Holly PSester Phone: 299-098 AGENDA ITEM WORDING: Approval to enter into an Employment Agreement/Contract fiilfilling the newly wxftd Billing Specialist position, and authorization for the County Administrator I Fire Chief to execute all necessary documents. ITEM BACKGROUND: This contract employee is sae of two that was approved by BOCC on December 11, 2013 in order to bring EMS billing and collections in-house. PREVIOUS RELEVANT BOCC ACTION: On December 11, 2013, the BOCC approved creating positions of EMS Billing Supervisor and EMS Billing Specialist as Monroe County contract employees and to hire individuals into those positions; authority of Fire Chief to execute contracts. On February 19, 2014, the BOCC approved the Employment Contract for the Billing Supervisor position. CONTRACTIAGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: s 48,845.19 INDIRECT COST: S NIA BUDGETED: Yes ® No ❑ DIFFERENTIAL OF LOCAL PREFERENCE: NIA ! 1001 r64N COST TO COUNTY: $48,84&19 SOURCE OF FUNDS: 13001 (36%) REVENUE PRODUCING: Yes ❑ No ❑ , APPROVED BY: County Attorney; 0 DOCUMENTATION: DISPOSITION: Revised 7109 Included: AMOUNT PER MONTH Year OMBJPurcl:asing: d Risk ManagemwtF L_ Not Required: ❑ AGENDA ITEM N. BOARD OF COUNTY COM MSIONERS CONTRACT SUMMARY Contract with: ANAMPAJIMIRLIM Contract t Effective Date: Expiration Date: Contract Purpose / Description: O;ry documeM, Contract Manager: _ I BOCK Mooting Date: Holly Pfiester 6098 (Name) (60- - Estimate 4-17-14 4-16-16 FW a Services 1 (Department / Sto 4/1/14 CONTRACT COSTS $49,845.19 Total Dollar Value of Contract: (tar t m b p 1 Current FY 14 Year Portion: 52.17 bm dbs) I Budgeted? Yes ® No 17 IGrant: $ County Match: $ Estimated Ongoing Costs: $ Account Codes: ADDITIONAL COST$ For. 11001-510120 at 64% 13001-510120 at 36% (i.es. maiMmarxe. utllities. janitorial,: atones. etc.) CONTRACT REVIEW Date In Changes Needed? Reviewer Date Out Division Director s _ Yes Q No W— -y_�- Risk Management cl (I-/ Yes 13 No EI OMB / Purdwing)4 YesD No #9 6 County Attorney Yea ❑ No ❑ -�- Comments: . OMB Form RevbW 2/27/01 MCP # 2 EAVLOTMEAT AGREEITITTAT BETWEEN MONROE COUNTY, FLORMIDA, 6z AMANDA H�A7R"BINSON IN FOR POSITION OF EYi9iMT0�0WG SPECI#LIST 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 I (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 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 ("MCFR7) from time to time, Employee shall receive an annual base salary in the amount of 41,787.12. EMPLOYMENT 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. 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 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. 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. EMPLOYMENT 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. 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 finther 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. 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: L 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 10h day of April. 2014. EMPLUYMENT AGREEMENT / AMANDA HARBINSON Page 4 of 5 161161 'f-11 I I w W I' lira D1 F.10 r4111,111V I, r4l "A Ili I C &W C I CYNTHIA EMLLL ARproved as to form: By: - I - 1-W Date: 4- ;L011- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Date: Mayor Sylvia Murphy (SEAL) LE Date: 110311) OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA Un Mayor / Chairman Date: ATTEST: AMY BEAVILIN, COUNTY CLERK By: Deputy Clerk Date: EMPLOYMENT AGREEMENT/ AMANDA HARBINSON Page 5 of 5