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1. 02/19/2020 Agreement GOUR7,%l °; ...N Kevin Madok, CPA 60 ........• '4_ Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: March 6, 2020 TO: Chief James Callahan Fire Rescue/EMS Cheri Tamborski Executive Administrator FROM: Pamela G. Hanco ,� SUBJECT: February 19th BOCC/BOG Meeting Attached is an electronic copy the following item(s) for your handling: C27/H1 Employment Agreement with Nina Stuart to fill the Fire Rescue EMS Billing Specialist position. 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 4 r 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 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 Nina Stuart("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,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 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. Billing Specialist Employment Contract (Nina Stuart) Page 1 of 9 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"). C. Due to the requirements of this position, Employee is required to be physically present at the EMS Billing Office located at 490 63`d 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 Billing Specialist Employment Contract (Nina Stuart) Page 2 of 9 continuing education courses as may be deemed necessary or appropriate to employee's 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 ofthe business or operation of the County,including but not limited ,Billing Specialist Employment Contract (Nina Stuart) Page 3 of 9 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. 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 Billing Specialist Employment Contract (Nina Stuart) Page 4 of 9 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. Billing Specialist Employment Contract (Nina Stuart) Page 5 of 9 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. 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 Billing Specialist Employment Contract (Nina Stuart) Page 6 of 9 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 Billing Specialist Employment Contract (Nina Stuart) Page 7 of 9 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO Billing Specialist Employment Contract (Nina Stuart) Page 8 of 9 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS. BRIAN BRADLEY, AT (305)292-3470. IiIt:V)I,E:1'-BRIAN a 11t)N)tt)):c,•t tl•N'!«•;'- t:I..c►f,\•, MONROE COUNTY ATTORNEY'S OFFICE, III t 12th STREET,SUITE 408,KEY WEST, FL 33040. IN WITNESS WI'IEREOF, thparties have set their hands and seas,in the County of Monroe.Florida this'Ult. day of 020 MONROE COUNTY FIRE RESCUE By: _rii,________i 41114,---- James K.Callahan, Fire Chief WITNESS: EMPLOYEE t -S h3 V B ,,` %' : t --, NinaStuart _ AJ %t 1) f ' t`\$ ) 1, MONR©E COUNTY BOARD OF Ct JI*ITY o 11 ' „' w V,tJ�k• x D I:. MONROE COUNTY C'OMM N >�, lr ,, tSSlO1WEItS .... Nt.:-z,-,: --- ,:,40- ... . 2;:.7. , . .,_ i -ri a e4uty Clerk vfay'or -<.`T .. . rri MONROE COUNTY ATTORNEY BOARD OF GOVERNORS OF FlPi.AND cn 2 AMBULANCE DISTRICT I OF MCI IROE co_ C' ,ter - `2 COUNTY,F ORIDA B4' /714_,LiL'L C ) Assistant' on f,�tiu -�rr�— ' Vi I CIS ,,,i. on • Aiifing Speciallq F.mpioyment Contract Nina Stuart) t'aSS 9 of 9 Exhibit A MONROE COUNTY • JOB DESCRIPTION Position Title: Fire Rescue EMS Billing Specialist I Date: 12/4/2019 CONTRACT IFLSA Status: Nonexempt I Class Code:307-6 GENERAL DESCRIPTION Working under the direction of the Fire Rescue EMS Billing Supervisor,this position is.responsible for report review,data entry and retrieval,and records maintenance of an air and ground EMS billing program;and for performing complex administrative work within the division of Emergency Services. KEY RESPONSIBILITIES 1. *Reviews ePCR reports to ensure complete and accurate patient demographic,trip,billing,and insurance information;refers incomplete or inaccurate records to EMS Quality Assurance. 2. *Verifies or assigns condition codes,modifiers, levels of service,and other relevant claim data. 3. *Scans and attaches biomedical and supporting trip records to electronic patient care reports. 4. *Greets customers in person and by telephone,receives account payments,and assists customers as necessary in the completion of insurance forms,Air Resident(Trauma Star)waivers,and records requests. 5. *Assists Billing Supervisor with collection actions,including contacting patients by phone and arranging payments. 6. Runs account aging and other related billing reports. 7. Processes and posts Medicare,Medicaid,check,and credit card payments regularly. Reviews and processes refunds as needed. 8. *Processes Air Resident.(Trauma Star)waivers. 9. *Processes legal records requests for patient care reports and response records. 10. *Performs monthly EMSTARS extract and data submission to Department of Health, State EMS Division to comply with mandatory pre-hospital reporting requirements. 11. *Maintains strictest confidentiality;adheres to all HIPAA guidelines/regulations and- County/Department Policies and Procedures. 12. *Completes and maintains purchase orders,processes invoices,orders supplies,keeps inventory records,processes mail. 13. *Processes RFPs,contracts,renewals,purchases,agenda items, special projects,and maintains records. 14. *Assists in budget preparation and monitoring expenses. 15. Performs other similar and related Emergency Services duties as assigned or required. *Indicates an "essential" lob 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. Exhibit A Position Title: Fire Rescue EMS Billing Specialist ., Class Code: 307-6 Position Level: 307 1 KEY JOB REQUIREMENTS Education: H.S. Diploma or GED required. Willing to become Certified Ambulance Coder within one year of employment. Experience: 3 to.5 years experience as administrative assistant required. Leadership: Works from a general outline of duties and responsibilities.Other employees assist me in completing work. Complexity: Performs professional-level work dealing with data,people,and technology that relates to administrative,technical,scientific,engineering, accounting, legal,or managerial skills. Decision Making: Follows basic guidelines for operational activities. Makes decisions that govern the activities and behaviors of staff members.My work directly impacts other workers, citizens,or both. Relationships: Works with less than ten co-workers who are mostly enjaged in the same activities. . Working Conditions: Works in a dynamic environment that requires employee 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 in any capacity Requirements.: deemed appropriate. Position Title: Fire Rescue EMS Billing Specialist Class Code: 307-6 Position Level: 307 APPROVALS Department Head: Name: Old svit.S ®7/1� Signature: ei Date: 4g'Y1 County Administrator: Name: P-91V!LY' 6 R Ifir h Signature: Date: to•C•dvi t On this date I have received a copy of my job description ting to my employment with Monroe County. Name: Alla _ 4:02►r- Signature: Date: