05/16/2018 Agreement
DATE: May 31, 2018
TO:
Gary Boswell,
Emergency Services
ATTN: Debbie Lofberg,
Executive Assistant
FROM: Sally M. Abrams, D.C.
th
SUBJECT: May 16 BOCC Meeting - Approved Agenda Item
Attached is an electronic copy of the executed agenda item (Exhibit A was not included) listed
below for your handling.
[[356,1684,432,1745][12][B,I,][Calibri]]C14 [[432,1684,460,1745][12][,I,][Calibri]] [[460,1684,476,1745][12][,I,][Calibri]]- [[476,1684,504,1745][12][,I,][Calibri]] [[504,1684,870,1745][12][,I,][Ca
libri]]Board granted a [[870,1684,1051,1745][12][,I,][Calibri]]pproval [[1051,1684,1673,1745][12][,I,][Calibri]]and authorized execution of [[1668,1684,1696,1745][12][,I,][Calibri]]
[[1696,1684,2130,1745][12][,I,][Calibri]]a new Employment
[[355,1745,1125,1806][12][,I,][Calibri]]Agreement in the amount of $65,458 [[1125,1745,1188,1806][12][,I,][Calibri]].00 [[1188,1745,1203,1806][12][,I,][Calibri]] [[1203,1745,2130,1806][12][,I,][Cali
bri]](loaded salary cost) with existing contracted
[[356,1806,553,1867][12][,I,][Calibri]]employee [[550,1806,866,1867][12][,I,][Calibri]], Ms. Dina Stitt, [[866,1806,878,1867][12][,I,][Calibri]] [[873,1806,2130,1867][12][,I,][Calibri]]for
the position of MCFR Billing Specialist to become effective
[[356,1867,694,1928][12][,I,][Calibri]]on July 25, 2018. [[694,1867,723,1928][12][,I,][Calibri]]
[[356,1984,413,2045][12][B,I,][Calibri]]H1 [[413,1984,430,2045][12][,I,][Calibri]] [[430,1984,445,2045][12][,I,][Calibri]]- [[445,1984,462,2045][12][,I,][Calibri]] [[460,1984,1341,2045][12][,I,][Ca
libri]]James Callahan, Fire Chief, addressed the [[1341,1984,1480,2045][12][,I,][Calibri]]Board [[1480,1984,1719,2045][12][,I,][Calibri]]concerning [[1719,1984,1745,2045][12][,I,][Calibri]]a
[[1745,1984,1915,2045][12][,I,][Calibri]]pproval [[1915,1984,1961,2045][12][,I,][Calibri]]of [[1956,1984,1973,2045][12][,I,][Calibri]] [[1973,1984,2110,2045][12][,I,][Calibri]]a new
[[356,2045,1464,2106][12][,I,][Calibri]]Employment Agreement in the amount of $65,458 [[1464,2045,1528,2106][12][,I,][Calibri]].00 [[1528,2045,1555,2106][12][,I,][Calibri]] [[1555,2045,2111,2106][12
][,I,][Calibri]](loaded salary cost) with
[[356,2107,2112,2168][12][,I,][Calibri]]existing contracted employee, Ms. Dina Stitt, for the position of MCFR Billing
[[356,2168,1343,2229][12][,I,][Calibri]]Specialist to become effective on July 25, 2018. [[1343,2168,1377,2229][12][,I,][Calibri]] [[1377,2168,2111,2229][12][,I,][Calibri]]Motion was
made by BOCC Mayor
[[356,2229,2038,2290][12][,I,][Calibri]]Rice and seconded by BOG Mayor Anderson granting approval and authoriz [[2038,2229,2110,2290][12][,I,][Calibri]]ing
[[356,2290,1403,2351][12][,I,][Calibri]]execution of the item. Motion carried unanimously. [[1403,2290,1432,2351][12][,I,][Calibri]]
Please contact me at extension 3550 with any questions.
cc: County Attorney [[769,2684,796,2740][11][,I,][Calibri]]
Finance [[604,2740,631,2796][11][,I,][Calibri]]
File
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA,
BOARD OF GOVERNORS OF FIRE & AMBULANCE DISTRICT 1, AND
DINA STITT
FOR POSITION OF EMS BILLING SPECIALIST
THIS AGREEMENT is entered into as of the 16th day of May 2018, 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 Stitt ( "Employee ").
WHEREAS, the County previously entered in to an employment contract with Ms. Dina Stitt for
a period of 24 months which expires on July 24, 2018; and
WHEREAS, the parties have found the contract to be mutually beneficial; and
WHEREAS, the parties desire to enter into new contract;
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 H1PAA) 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 63r 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 ") from
time to time, Employee shall receive an annual base salary in the amount of
$56,000.00.
EMPLOYMENT AGREEMENT / DINA STITT Page 1 of 6
J
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.
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 July 25, 2018 and terminating on July 24, 2020.
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.
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 / DINA STITT Page 2 of 6
4
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.
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
EMPLOYMENT AGREEMENT / DINA STITT Page 3 of 6
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 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.
EMPLOYMENT AGREEMENT / DINA STITT Page 4 of 6
(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 / DINA STITT Page 5 of 6
10. IN WITNESS WHEREOF, the parties hereto have executed this agreement, in the County of
Monroe, Florida, as of the day and year first above written.
CONTRACTED EMPLOYEE: MONROE COUNTY FIRE CHIEF:
DINA STITT JAMES K. CALLAHAN
By: � J lit By. ej
Date: 5/2 h g D ) d�
BOARD OF COUNTY COMMISSIONERS BOARD OF GOVERNORS OF FIRE AND
OF MONROE COUNTY, FLORIDA AMBULANCE DISTRICT 1 OF MONROE
COUNTY, FLORIDA
By: By: Aft 44 Y).6.4,5€4(b
Mayo id Rice Mayor / Chairman
Date: D5 ' 1b Date: n 5,1 (o.I 3
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ATTEST: KEVIN MADOK, ��i !"'� I
::E(SEAL) `;
��. de GRNEY b epu Clerk
�.v� A-Gc 1 ate: 05' /l0 /
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EMPLOYMENT AGREEMENT / DINA STITT Page 6 of 6