Item G2BOARD OF GOVERNORS — FIRE AND AMBULANCE DISTRICT 1
AGENDA ITEM SUND+IARY
Meeting Date: Apri116, 2014 _ Division: Services
Balk item: Yes ® No ❑ Departme■t: Fire Rescue
Staff Contact Person: Holly Pfieste r Phone: 289-6088
AGENDA ITEM WORDING:
Approval to enter into an Employes Agreement/Contact fiffilling the newly created Billing
Specialist position, and authorization for the County Administrator / Fire Chief to execute all necessary
documents.
ITEM BACKGROUND:
This contract employee is one of two that was approved by BOCC on December 11, 2013 in order to
bring EMS billing and collections in-house.
PREVIOUS RELEVANT BOG ACTION:
On December 11, 2013, the BOO approved crenting 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 contacts. On February 19, 2014, the BOG approved the Employment
Contract for the Billing Supervisor position.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: S 48,845.19 INDIRECT COST: S NIA BUDGETED: Yes M No 0
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
11001(fim
COST TO COUNTY: S48,84 n SOURCE OF FUNDS: 13001 f3 fiN
REVENUE PRODUCING: Yes 0 No 0
04-
APPROVED BY: County Attorney: V
Included:
DISPOSITION:
Revised 7/09
AMOUNT PER MONTH Year
O' ` "ing: d Risk Management: Q�il
Not Required: 0
AGENDA ITEM #:
BOARD OF GOVERNORS — FIRE AND AMBULANCE DISTRICT 1
CONTRACT SUMMARY
Conrad with: AMAMAUAR1190 Contract t Estioste
EffeCtive Date: 4-17-14
Expiration Date: 4-16-16
Contract Purpose / Desrr4ytion:
pOceasery &MMI , a
Contrast Manager. Holly Pfiesw 6088 E S�vlaea 1
(Name) (EXL) (Department / Stin
BOG Meet' Date: 4/16114 Agerida Deadline: 4/1/14
CONTRACT COSTS
$48,845.19 A
pprox-
Total Dollar Value of Contrary � �pCurrent FYI Year Portion: ho $20.17
benefits.
Account 11001-510120 st 64%
Budgeted? Yes ® No 0 Codes: 13001-510120 at 36%
Grant: $
County Match: S _-- - - -
ADDMONAL COSTS
FAWmated Ongoing Costs: S For:
(La, mafeotaom ud1hks, jwftda . swda16 dL)
CONTRACT REVIEW
Date In Changes Naaded?
Division Director y Yea E3 No CI—'
Risk Management ( c LL Ya O Ne m ' G
OMB / Purim ssing -I j Ya 0 No 8
County AWmey Yea E3 No El -
Comments:
OMB Form Rewsed 2127/01 MCP B2
4
Reviewer Draft Out
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA,
BOARD OF GOVERNORS
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 I (collectively, "County"), and Amanda Harbinson ("Employed").
WHEREAS, the position of EMS Billing Specialist is currently open; 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 fall -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 ("MCFW) from time to time, Employee shall
receive an annual base salary in the amount of 41,787.12.
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.
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.
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.
•I Ia. t • r •
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 C 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 J 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.
£ 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 WrINESS 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
CYNTHIA EL4LL
Approved as to form:
By:
Date: ;LD
I "I I I I k k I #
10 WO 'ZI(si DKIK11 lia 1AR 3 IKII "411 -
Ln
I
Mayor Sylvia Murphy
(SEAL)
UM
I
BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT I OF MONROE COUNTY,
FLORIDA
U-7
Mayor / Chairman
Date:
ATTEST: AMY HEAVILIN, COUNTY CLERK
By:
Deputy Clerk
Date:
EMPLOYMENT AGREEMENT/ AMANDA HARBINSON Page 5 of 5