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11/15/2022 Agreement GVS COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 1, 2022 TO: Cheri Tamborski Emergency Services Mayor Bruce Halle Fire & Ambulance District 1 Board of Governors FROM: Liz Yongue, Deputy Clerk SUBJECT: November 15t' BOCC Meeting Attached is an electronic copy of the following BOCC/BOG item for your handling: F2 Approval to renew the Employment Agreement for the position of Fire Rescue EMS Billing Supervisor with an increase in salary from $68,000 to $76,000 for a period of two (2) years to commence on December 12, 2022 and expire on December 11, 2024, and authorization for the County Administrator/Fire Chief to execute all necessary documents. K2 Employment Agreement for the position of Fire Rescue EMS Billing Supervisor with an increase in salary from $68,000 to $76,000 for a period of two (2) years to commence on December 12, 2022 and expire on December 11, 2024, 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 entered into an Employment Contract with Ms. Dina Stitt on December 12, 2019 for a period of thirty-six (36) months for the position of EMS Billing Supervisor which is due to expire on December H, 2022; and WHEREAS, the parties desire to enter into a new contract to become effective on December 12, 2022. 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"). 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. Billing Supervisor Employment Contract(Dina Stitt) Page 1 of 8 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$76,000.00. 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 to abide by Section 1.03 OUTSIDE EMPLOYMENT as set forth in the Manual, and any updates thereto. 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 December 12, 2022 and terminating on December 11, 2024. B. Extension of Time. The parties may extend the term of Agreement by written addendum to this Agreement. Billing Supervisor Employment Contract(Dina Stitt) Page 2 of 8 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 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. Billing Supervisor Employment Contract(Dina Stitt) Page 3 of 9 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 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 Supervisor Employment Contract(Dina Stitt) Page 4 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 subject to the provisions of Chapter 119,Florida Statutes,and made Billing Supervisor Employment Contract(Dina Stitt) Page 5 of 8 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 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. Billing Supervisor Employment Contract(Dina Stitt) Page 6 of 8 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 shalt 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 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470. ,,,D .�'� ',,,,, BR IA. 1111F ,� MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. (signatures on next page) Billing Supervisor Employment Contract(Dina Stitt) Page 7 of 8 IN WITNESS WHEREOF,the parties have set their hands and seals,in the County of Monroe,Florida this ICday of 1O, V,2022. MONROE COUNTY FIRE RESCUE Steven D.,.,..„e...Halm Del�.Sweemlimbo,colekneom Hudson By: eb...�m—.vn.oua Steven Hudson,Fire Chief WITNESS: EMPLOYEE By: ° -1 J .a By: 40,k./ Otie* Dina Stitt ,I,ACIQ.c.4,,,,\ tg P-1-V-&(i 14 's, : �s = BOARD OF COUNTY COMMISSIONERS s 9 y'� 1tti,ltea,,xy:,,,..„;.7evin M y r Madok,Clerk OF MONROE COUNTY, FLORIDA ' �/ /` fd A8 Clerk By: �,, fir— Mayoy4lrman BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE C NTY,FLORIDA By: e � James a DipwlyMpredbyJaenMQ. Mayor/Chairperson Molenaar _Molenaar "'1 Molenaar % Dit l0211017 122750.11000 x Approved as to Fenn and Legal Sufficiency ; James D.Molenaar = - E T)c-, Asst County Attorney -' ;� -:, MONROE COUNTY ATTORNEY'S OFFICE = - a. 1 -151 Billing Supervisor Employment Contract(Dina Stitt) Page 8 of 8 MONROE COUNTY FLORIDA Job Description To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily, Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. Job Title: EMS Billing Supervisor, Fire Rescue Department: Fire-Rescue Services Pay Grade: 310 FLSA Status: Non-exempt JOB SUMMARY The primary function of this position is to be responsible for the implementation and management of an EMS billing program. This includes: 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. ESSENTIAL JOB FUNCTIONS • Develops, implements, and manages EMS billing program. • Drafts and submits for approval and adoption ambulance billing policies and procedures. • 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 EMS Quality Assurance. • Ensures appropriate pre-billing assignment of condition codes, modifiers, levels of service, and other relevant claim data. • Liaisons with area hospitals to facilitate accurate collection of billing information. • Prepares and ensures accurate timely and compliant claims submissions. • Reviews and analyzes remittance advice, identifies and investigates denied and rejected claims, identifies possible resolutions and resubmits or appeals claims if applicable. • Posts payments to accounts, reconciles lockbox, and completes billing to secondary payers and/or patient. • Initiates collection actions including contacting patients by phone, arranging payments, and correcting and resubmitting claims to third party payers. • Analyzes and manipuiates data, writes queries and generates billing,financial, and incident reports using a variety of software and reporting programs. EMS Billing Supervisor,Fire Rescue Page 2 • 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. • 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. • Works closely with the County's Internal Audit Department during ambulance billing audits. • Supervises Air Resident(Trauma Star)waiver program. • Prepares annual air and ground ambulance, and Air Resident Waiver write-offs for presentation and action by the BOCC. • Maintains strictest confidentiality; adheres to all HIPAA guidelines/regulations and County/Department Policies and Procedures. • Performs other related job duties as assigned. QUALIFICATIONS Education and Experience: Associates degree required. 5 years minimum of prior related work experience. Special Qualifications: Certified medical coder preferred. Certified Ambulance Coder within one year of employment. Knowledge, Skills and Abilities: • Ability to make recommendations or decisions which usually affect the assigned department, but may at times affect operations, services, individuals, or activities of others outside of the assigned department. • Ability to use and apply technical and detailed guidelines. • Moderate analytic ability is needed to gather and interpret data where results/answers can be found after analysis of several facts. • Ability to use independent judgment to study previously established, often partially relevant guidelines; plan for various interrelated activities; and coordinate such activities within a work unit or while completing a project. • Ability to maintain regular internal and external contacts to carry out programs and to explain specialized matters. • Ability to maintain contact with officials at higher levels on matters requiring cooperation, explanation and persuasion, as well as with the public involving the enforcement of regulations, policies and procedures. • Ability to provide limited supervision for one or more functions within a department. • Ability to plan, assign, direct, and coordinate the work of these functions. • Ability to perform some non-supervisory duties in addition to supervisory responsibilities. • Ability to perform staff evaluations and make recommendations regarding pay and/or performance. Monroe County,FL EMS Billing Supervisor,Fire Rescue Updated:2/28/2020 EMS Billing Supervisor,Fire Rescue Page 3 PHYSICAL DEMANDS The work is sedentary and requires exerting up to 10 pounds of force occasionally and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Additionally, the following physical abilities are required: • Manual Dexterity: Picking, pinching, typing, or otherwise working, primarily with fingers rather than with the whole hand as in handling. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • Repetitive Motion:Substantial movements (motions) of the wrist, hands, and/or fingers. • Speaking: Expressing or exchanging ideas by means of the spoken word including the ability to convey detailed or important spoken instructions to other workers accurately and concisely. • Talking: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity: Have close visual acuity to perform an activity such as: preparing and analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive reading. • Walking: Moving about on foot to accompllish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Work is performed in a dynamic environment that requires sensitivity and responsiveness to changes that include goals, priorities, and needs of the organization and position. Monroe County has the right to revise this job description at any time. This description does not represent in any way a contract of employment. .. _.. ____..----- ......... ...... Employee Signature Date 05/19/2022 Supervisor or Director Signature Date Bryan C oo ky�;e'0signed 03 O&W35 Bryan Cook Director of Employee Services Signature Date F.O.F. Monroe County does not discriminate on the basis of race, color, national origin, gender, religion, age, disability or military service in employment or the provision of services. Monroe County,Ft EMS Bitting Supervisor,Fire Rescue Updated:2/28/2020