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07/20/2016 AgreementAl illi, 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 6 l'— 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 of6v—,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 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. 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: 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. 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(a�monroecounty- fl.gov Monroe County Attorney's Office 1111 12 St., Suite 408, Key West, FL 33040. [The remainder of this page intentionally left blank.] 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: 4/fi � Y. — j &/� � Date: (, P / //( BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Heather Carruthers Date: JA. 19 / By: Da BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA By: � 5 Mayor / Chairman Date: AMY HEAVILIN, COUNTY (SEAL) Clerk Date: /2 . N - t 3 Lam.' - C.t_ c. �, 7 ` MONROE COUNTY ATTORNEY ' L OV AS F M' C t t ✓ c L w Cr ` NTHIA L. HALL ASSIST NT G UNTY ATTORNEY t Date _� II 1 "..Ap EMPLOYMENT AGREEMENT/ DINA HEUER Page 6 of 6