Item C04 C.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: C.4
Agenda Item Summary #6300
BULK ITEM: Yes DEPARTMENT: Fire
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
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AGENDA ITEM WORDING: Approval to enter into an Employment Agreement/Contract to
fulfill the position of Fire Rescue EMS Billing Supervisor effective on December 12, 2019, and
authorization for the County Administrator/Fire Chief to execute all necessary documents.
ITEM BACKGROUND:
The Fire Rescue EMS Billing Supervisor will provide management and oversight of the Fire Rescue
EMS billing system for Trauma Star and Ground Ambulance transports to ensure an efficient and
accurate billing process. The Fire Rescue EMS Billing Supervisor position comes open on
December 12, 2019 due to the retirement of the current Fire Rescue EMS Billing Supervisor.
PREVIOUS RELEVANT BOCC ACTION:
On December 11, 2013, the Board of Governors 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.
CONTRACT/AGREEMENT CHANGES:
Fill the Fire Rescue EMS Billing Supervisor position effective December 12, 2019
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Billing Supervisor- Dina Stitt- Dec.2019
FINANCIAL IMPACT:
Effective Date: December 12, 2019
Expiration Date: December 11, 2022
Total Dollar Value of Contract: $68,000 Base Salary plus benefits
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C.4
Total Cost to County: $92.312.00
Current Year Portion: Approximately $69,234.00
Budgeted: Yes
Source of Funds: 11001 =78% and 11500 = 22%
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
In lieu of an annual merit or cost-of-living adjustment, the employee will be eligible for a financial
lump sum incentive based upon billing and collections performance; a max of 10% of base salary.
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
12/11/19 101-11001 MEDICAL AIR TRANSPORT $72,003.36
78%
12/11/19 141-11500 FIRE& RESCUE CENTRAL $20,308.64
22%
Total: $92,312.00
REVIEWED BY:
James Callahan Completed 11/22/2019 11:20 AM
Pedro Mercado Completed 11/22/2019 11:24 AM
Budget and Finance Completed 11/22/2019 11:45 AM
Maria Slavik Completed 11/22/2019 11:58 AM
Kathy Peters Completed 11/25/2019 9:01 AM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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C.4.a
EMPLOYMENT AGREEMENT BETWEEN
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
THE BOARD OF GOVERNORS OF MONROE COUNTY
FIRE & AMBULANCE DISTRICT 1,AND
DINA STITT E
FOR THE POSITION OF EMS BILLING SUPERVISOR 0.
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THIS AGREEMENT is entered into upon the date last below written by and between
Monroe County,Florida, acting through its Board of County Commissioners(`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
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(collectively "County") and Dina Stitt("Employee").
WHEREAS, the County previously entered into an Employment Contract with Ms. Jan U)
Purdin on October 18 ', 2017 for a period of thirty-six (36) months expiring on August 20, 2020 2
in the position of EMS Billing Supervisor; and
WHEREAS, Ms. Jan Purdin has tendered her resignation effective December 12, 2019;
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and
WHEREAS,the County has conducted an internal and external applicant search to fill the
open position and has selected Ms. Dina Stitt, the Billing Department's current senior Billing
Specialist to fill the position; and
WHEREAS, the parties desire to enter into a new contract to become effective on
December 12, 2019.
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NOW THEREFORE, in consideration of the mutual promises contained herein, the a�
County and Employee set forth herein, it is mutually agreed as follows:
1. 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").
Billing Supervisor Employment Contract (Dina Stitt) Page 1 of 8
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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, 2
proprietary, time-sensitive, or non-public (including HIPAA) information relating to the
County or its operations unless required by law to do so. E
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B. Upon termination of this Agreement,the Employee agrees to immediately surrender
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all documents,information,property and assets to Monroe County Fire Rescue("MCFR"). 0
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3. COMPENSATION AND BENEFITS: County and Employee agree that the position
of EMS Billing Supervisor will be a full-time position deemed exempt under the Fair Labor
Standards Act. Work hours performed, annual leave,personal leave, and sick leave hours taken
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will be documented on a form or forms to be provided by the County. �s
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A. Base Pay: In return for performance of the duties set forth in Exhibit A, including
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but not limited to specific duties assigned by MCFR from time to time, Employee shall
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receive an annual salary in the amount of$68,000.
B. Financial Incentive: In lieu of any annual merit or cost-of-living adjustment, the
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Employee will be eligible for a financial lump sum incentive based upon billing and T
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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. >
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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:
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C.4.a
A. Normal Term. The normal term of this Agreement will be a period of thirty-six
(36)months commencing December 12, 2019 and terminating on December 11, 2022.
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B. Extension of Time. The parties may extend the term of Agreement by written 2
addendum to this Agreement.
C. Termination of Agreement:
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i. 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 0
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upon thirty (30) days written notice by MCFR 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 MCFR for cause.
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As used in this paragraph, the term "for cause" will mean (a) dishonesty with �s
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 U)
any aspect of the business or operation of the County,including but not limited 2
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
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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
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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,
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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
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equivalent or comparable salary, grade, or benefits. In entering into this
Agreement, the Employee therefore specifically waives the right to utilize the o0
grievance procedure set forth in Sections 9 and 10 of the Manual; House Bill
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No. 2658, Chapter 694321, the Monroe County Career Service Council; as
well as any rights to which a Monroe County employee would otherwise be
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entitled under Chapter 447, Florida Statutes.
6. ATTORNEY'S 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. a
7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE: This Agreement 00.
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is made in the State of Florida and will be governed by Florida law. This Agreement may I-
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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
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requires. Monroe County, Florida will be the proper venue for any litigation involving this
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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
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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
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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 E
jurisdiction, the remaining terms, conditions, and portions shall remain in full 0
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force and effect as if originallya reed to without the term condition or portion
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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.
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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 a
further acknowledges that she or he has had the Agreement reviewed by an
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attorney, or has been given the opportunity to do so and has waived that
opportunity. A
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
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Agreement that are not contained herein, and no deviation from the terms hereof
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shall be predicated upon any prior representations, offers,promises,inducements, 0
or agreements, whether oral or written, and by whomever made.
F. The text herein constitutes the entire agreement between the Employee and the
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County, and this agreement cannot be amended except by a written document T
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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 0
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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.
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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 E
article I of the Constitution of Florida. The County and Contractor shall allow and 00.
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permit reasonable access to, and inspection of, all documents, records,papers, letters
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or other "public record" materials in its possession or under its control subject to the
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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
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provision by the Contractor. Failure of the Contractor to abide by the terms of this 2
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provision shall be deemed a material breach of this contract and the County may
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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 2
associated with that proceeding. This provision shall survive any termination or
expiration of the contract. The Contractor is encouraged to consult with its advisors 2
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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:
i. Keep and maintain public records that would be required by the County to
perform the service.
ii. Upon receipt from the County's custodian of records,provide the County with a 0
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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. E
iii. Ensure that public records that are exempt or confidential and exempt from
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public records disclosure requirements are not disclosed except as authorized by
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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.
iv. Upon completion of the contract, transfer, at no cost, to the County all public 2
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 E
all public records to the County upon completion of the contract, the Contractor 00.
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shall destroy any duplicate public records that are exempt or confidential and
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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
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systems of the County.
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v. A request to inspect or copy public records relating to a County contract must
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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
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Contractor must provide the records to the County or allow the records to be T
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inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
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shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract
upon violation of this provision by the Contractor. A Contractor who fails to
provide the public records to the County or pursuant to a valid public records
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request within a reasonable time may be subject to penalties under Section 119.10,
Florida Statutes.
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Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of E
any public records unless or otherwise provided in this provision or as otherwise CO
provided by law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES, TO THE CONTRA CTOR' S DUTY
as
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
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CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,
AT (305) 292-3470. BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, n
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408,
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KEY WEST, FL 33040.
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IN WITNESS WHEREOF, the parties have set their hands and seals, in the County of
Monroe, Florida this 111' day of December, 2019.
MONROE COUNTY FIRE RESCUE �s
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By:
James K. Callahan, Fire Chief 2
WITNESS: EMPLOYEE
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By: By:
Dina Stitt
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ATTEST: MONROE COUNTY BOARD OF COUNTY
KEVIN MADOK, MONROE COUNTY COMMISSIONERS
CLERK
By: By:
Deputy Clerk Mayor 0
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MONROE COUNTY ATTORNEY BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1 OF MONROE
COUNTY, FLORIDA
By: By:
Assistant County Attorney Mayor/Chairperson
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