Item H1
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: H.1
Agenda Item Summary #6567
BULK ITEM: No DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
9:30 A.M. BOARD OF GOVERNORS
AGENDA ITEM WORDING: BOG Employment Agreement with Nina Stuart to fill the Fire
Rescue EMS Billing Specialist position.
ITEM BACKGROUND:
Monroe County Fire Rescue currently employs two Billing Specialists that provide day-to-day
billing support for the processing of Trauma Star and Ground Ambulance documents to ensure an
efficient and accurate billing process. The first Billing Specialist was hired in July 2016 following
BOCC approval to bring the EMS billing function within the department instead of using an outside
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3 party billing company. In 2017, following the Trauma Star expansion, the BOCC approved
hiring an additional Billing Specialist.
The Fire Rescue EMS Billing Specialist position needs to be filled due to an in house promotion
from EMS Billing Specialist to EMS Billing Supervisor on December 12, 2019 as a result of the
retirement of the previous Fire Rescue EMS Billing Supervisor.
PREVIOUS RELEVANT BOCC ACTION:
12/11/13: BOCC and BOG approved creating positions of EMS Billing Supervisor and EMS Billing
Specialist as Monroe County contract employees and to hire individuals into those positions;
providing authority for Fire Chief to execute contracts.
02/15/17: BOCC and BOG approved creating a second EMS Billing Specialist position as a Monroe
County contract employee.
06/21/17: BOCC and BOG approved the Employment Agreement for one additional Billing
Specialist.
12/11/19: BOCC and BOG approved the Employment Agreement for the promotion of Dina Stitt
from EMS Billing Specialist to EMS Billing Supervisor.
CONTRACT/AGREEMENT CHANGES:
Employment Agreement with Nina Stuart to fill the Fire Rescue EMS Billing Specialist position
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
Nina Stuart Billing Specialist Employment Agreement
Fire Rescue EMS Billing Specialist Job Description (Exhibit A)
FINANCIAL IMPACT:
Effective Date: 02/19/2020
Expiration Date: 02/19/2022
Total Dollar Value of Contract: $48,000.00 Base Salary plus benefits
Total Cost to County: $69,052.00
Current Year Portion: Approximately $40,280.33
Budgeted: Yes
Source of Funds: 11001 = 78% and 11500 = 22%
CPI: No
Indirect Costs: N/A
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: No If yes, amount: N/A
Grant: No
County Match: No
Insurance Required: No
Additional Details: N/A
02/19/20 101-11001 · MEDICAL AIR TRANSPORT $37,440.00
78%
02/19/20 141-11500 · FIRE & RESCUE CENTRAL $10,560.00
22%
Total: $48,000.00
REVIEWED BY:
James Callahan Completed 01/31/2020 2:06 PM
Pedro Mercado Completed 01/31/2020 2:31 PM
Budget and Finance Completed 01/31/2020 3:41 PM
Maria Slavik Completed 02/03/2020 10:11 AM
Kathy Peters Completed 02/03/2020 3:07 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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EMPLOYMENT AGREEMENT BETWEEN
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
THE BOARD OF GOVERNORS OF MONROE COUNTY
FIRE & AMBULANCE DISTRICT 1, AND
NINA STUART
FOR THE POSITION OF EMS BILLING SPECIALIST
THIS AGREEMENT is entered into upon the date last below written by and between
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
Nina Stuart
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, the County has conducted an internal and external applicant search to fill the
open position and has selected Ms. Nina Stuart to fill the position; and
WHEREAS, the parties desire to enter into a contract to become effective on February 19,
2020.
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 Specialist as a
Contract Employee as that term is defined in Section 2.03 of the Personnel Policies & Procedures
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.
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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
C. Due to the requirements of this position, Employee is required to be physically
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present at the EMS Billing Office located at 490 63 Street, Marathon, FL 33050 for a
minimum of 40 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 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 $48,000.
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.
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
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continuing education courses as may
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 the 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 Monroe County
within one (1) year of completion of the 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 February 19, 2020 and terminating on February 19, 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
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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 the Monroe County Personnel
Policies and Procedures.
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.
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
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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 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.
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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:
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).
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:
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
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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 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
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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.
records, the County shall enforce the public records contract
provisions in accordance with the contract, notwithstanding the
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
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THE CONTRACTOR'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,
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 ______ day of __________, 2020.
MONROE COUNTY FIRE RESCUE
By: _______________________________
James K. Callahan, Fire Chief
WITNESS: EMPLOYEE
By: ______________________________ By: ________________________________
Nina Stuart
ATTEST: MONROE COUNTY BOARD OF COUNTY
KEVIN MADOK, MONROE COUNTY COMMISSIONERS
CLERK
By: _____________________________ By: _______________________________
Deputy Clerk Mayor
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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