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12/11/2019 Agreement .. =GVRCOURTQ\\I 1.4"Y7OcE.V0, Kevin Madok, CPA 1,1( '''�'�� � Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 6, 2020 TO: Cheri Tamborski Emergency Services FROM: Pamela G. Hancoql, 1.C. SUBJECT: December 11th BOCC Meeting Attached is an electronic copy of the following item for your handling: C4& G1 Employment Agreement/Contract with Dina Stitt 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. Should you have any questions, please feel free to contact me at (305) 292-3550. • cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 EMPLOYMENT AGREEMENT BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; THE BOARD OF GOVERNORS OF MONROE COUNTY FIRE & AMBULANCE DISTRICT 1, AND DINA STITT FOR THE POSITION OF EMS BILLING SUPERVISOR 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 (collectively"County") and Dina Stitt ("Employee"). WHEREAS, the County previously entered into an Employment Contract with Ms. Jan Purdin on October 18th, 2017 for a period of thirty-six (36) months expiring on August 20, 2020 in the position of EMS Billing Supervisor; and WHEREAS, Ms. Jan Purdin has tendered her resignation effective December 12, 2019; 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. NOW THEREFORE, in consideration of the mutual promises contained herein, the 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 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 Monroe County Fire Rescue ("MCFR"). 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 will be documented on a form or forms to be provided by the County. A. Base Pay: In return for performance of the duties set forth in Exhibit A, including but not limited to specific duties assigned by MCFR from time to time, Employee shall 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 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. 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: Billing Supervisor Employment Contract(Dina Stitt) Page 2 of 8 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. 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 MCFR; and that the Employee can be terminated at any time 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. 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 Billing Supervisor Employment Contract(Dina Stitt) Page 3 of 8 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. 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. Billing Supervisor Employment Contract (Dina Stitt) Page 4 of 8 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: • 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. Billing Supervisor Employment Contract (Dina Stitt) Page 5 of 8 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 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: 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 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. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Billing Supervisor Employment Contract (Dina Stitt) Page 6 of 8 • 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 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. v. 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 does not comply with the County's request for records,the County 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 request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Billing Supervisor Employment Contract (Dina Stitt) Page 7 of 8 Y IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE CONTRA CTOR' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470. BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. IN WITNESS WHEREOF, the parties have set their hands and seals, in the County of Monroe, Florida this 11th day of December, 2019. MONROE COUNTY FIRE RESCUE Lr) c� cz 4 ____ By: GGwahe� ,��G- `O c__ James K. allahan, Fire Chief ram- '=1_,_ ___ W 'NESs& EMPLOYEE By: `1// By: if/1Zt 4k •fekk Dina Stitt * "t.-: t e?AA .)- MONROE COUNTY BOARD OF COUNTY �I` , DOK, MONROE COUNTY COMMISSIONERS r F / By: Deputy Clerk ayor MONROE COUNTY ATTORNEY BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA d.<4.7,, .._ -4 // By:79a By: Assist t County Attorney Mayor/ Chairperson Billing Supervisor Employment Contract (Dina Stitt) Page 8 of 8 Exhibit A MONROE COUNTY JOB DESCRIPTION Position Title: Fire Rescue EMS Billing Supervisor Reports to:Battalion Chief of Administration Position Grade: 310 FLSA Status: Non-Exempt Class Code: W/C CODE: 310-22 GENERAL DESCRIPTION This position is responsible for the implementation and management of an EMS billing program,to include:the review of patient care reports;verification of trip data;patient demographic,payment and insurance information;selection of procedure codes,diagnosis/condition codes and modifiers;claims submission and follow up;and account postings and receivables for air and ground ambulance transports. KEY RESPONSIBILITIES 1. *Develops,implements and manages EMS billing program. 2. *Drafts and submits for approval and adoption billing policies and procedures. 3. *Reviews or supervises review of ePCR reports to ensure complete and accurate patient demographic,trip, billing,and insurance information;refers incomplete or inaccurate records to Battalion Chief of Administration. 4. *Ensures appropriate pre-billing assignment of condition codes,modifiers,levels of service,and other relevant claim data. 5. *Liaisons with area hospitals to facilitate accurate collection of billing information. 6. *Prepares and ensures accurate,timely and compliant claims submissions. 7. *Reviews and analyzes remittance advice,identifies and investigates denied and rejected claims,identifies possible resolutions and resubmits or appeals claims if applicable. 8. *Posts payments to accounts,reconciles lockbox,and completes billing to secondary payers and/or patient. 9. *Initiates collection actions including contacting patients by phone,arranging payments,and correcting and resubmitting claims to third party payers. 10. *Analyzes and manipulates data,writes queries and generates billing,financial,and incident reports using a variety of software and reporting programs. 11. *Monitors and keeps abreast of changes to governmental regulations and medical billing and coding standards,and modifies billing process as necessary to ensure compliance,and maximize reimbursements. 12. *Periodically surveys comparable air and ground ambulance service providers to determine their service fees and charges,and makes recommendations for modifications of County rates as necessary. 13. *Works closely with the County's internal audit department during ambulance billing audits. 14. *Supervises Air Resident(Trauma Star)Waiver Program. 15. *Prepares annual air and ground ambulance,and Air Resident Waiver write-offs for presentation and action by the BOCC and BOG. 16. *Maintains strictest confidentiality;adheres to all HIPAA guidelines/regulations and County/Department Policies and Procedures. 17. Performs other similar and related Emergency Services duties as assigned or required. 18. *Assignment to a variety of tasks and/or schedules during mandatory work periods in special,emergency,or disaster situations. *Indicates an"essential"job function. The information on this description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties,responsibilities and qualifications required of employees assigned to this job. I - , KEY JOB REQUIREMENTS Education: Associates degree or acceptable combination of education and management experience is required. Certified Ambulance Coder preferred. Experience: 5 to 7 years'experience in medical billing and coding required,at least 3 of which must have involved ambulance billing. A minimum of 3 years'related professional management/supervisory experience required. Leadership: I oversee,plan,and implement major programs and services for the organization.I report on my progress to the organization's executive team. Complexity: I oversee work that involves the use of complex technical,scientific,or mathematical concepts that increases the efficiency and effectiveness of the organization.I analyze and make recommendations on how to improve the operational performance of the organization. Decision Making: I oversee numerous functions and staff.I am principally responsible for determining policies and procedures that will ensure the success of our operation. Relationships: I provide updates to senior managers,elected officials,or other community groups or organizations.I work regularly with other Directors or senior managers to ensure the provision of efficient and effective services.Part of my performance is tied to how well I respond to members of the community or internal peers within the organization. Working Conditions: I work in a dynamic environment that requires me to be sensitive to change and responsive to changing goals,priorities,and needs. On call May be required to provide disaster assistance during times of emergency's in any requirements: capacity deemed appropriate. Other: Must be a non-user of tobacco products as required by Florida Statutes.As a condition of employment,agrees to never begin the use of tobacco products while employed by Monroe County Fire Rescue. APPROVALS Department Head: 7.) Name: oic 6,-;(44 Signature: Date: e/CP:gfrif County Administrator: Name: S11071 er,-)67ryt. Signat • Date: ____ On this date,I have received a copy of my job description relating to my employment with Monroe County. Name: Signature: Date: