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SCSEP PY 2002 - 20031�tPe Countz�77 Clerk's Ori�' ¢¢inal , 'NoNo-1 Cixi-d as the Aging, Workforce 0-1p—t Division Senior Community Service Employment Program Program Year 2D02-2003 SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the National Council on the Aging, Inc. (NCOA), hereinafter referred to as GRANTEE, and (name of SUBGRANTEE) Monroe County Board of County Commissioners , hereinafter referred to as SUBGRANTEE. The SUBGRANTEE agrees to operate a project under the GRANTEE'S Senior Community Service Employment Program (SCSEP) in the manner described in the approved Subgrant Narrative, as governed by the Older Americans Act (OAA) Title V regulations, including all clauses and exhibits included herein. This entire AGREEMENT is contingent in its entirety on SUBGRANTEE'S strict conformance with its terms and applicable state and Federal laws. GRANTEE SUBGRANTEE NATIONAL COUNCIL ON THE AGING, INC. Monroe County Board of County 409 Third Street, S.W., 2nd Floor Commissioners Washington, D.C. 20024 C/O Monroe County SCSEP Social Services (202) 479-1200 FAX: (202) 479-0735 1100 Simonton Street, Suite 1-206 www.ncoa.org Key West, Florida 33040 M`^ www.maturityworks.org 305-292-4593 FAX: 305-292�4 SUBGRANT PERIOD July 1, 2002 — June 30, 2003 SUBSPONSOR ID# XX-XXXXX-XX-XX AD-12521-02-55-12 FUNDING, SLOT LEVELS, GOALS SEC.502(e)* TITLE V T; Federal Funds Awarded $160, 200 DoL Authorized Enrollment 24 NCOA Approved Enrollment 24 Unsubsidized Placement Goals 10 * Includes ONLY funds awarded in addition to regular Title V allocation. SECTION 502(e) EXPERIMENTAL PROJECT BUDGET ADDITIONAL FUNDS: REGULAR TITLE V FUNDS: TOTAL 502(e) COSTS: $ $ $ Method of Payment [ X ] Cost Reimbursement [ ] Advance Payments �,. � eaI forGRAN�'E�'y� A,pjaQtar'.� NAME DWXXVMi James Fi rman NAME Charles "Sonny" McCoy TITLE VYd(B PXAX1 E President/CEO TITLE Mayor SPONSOR AGENCY/ORGANIZATION o National Council on the Aging, Inc. Monroe County Board Court--, of Commissioners CDC") t m SIG E SIGNATURE rn DAT �% 01 �" va7 DATE t ! Z For official subgrant purposes, the total subgrant agreement consists of this document which details contractual obligations, a line item budget (Exhibit A), and a narrative/project workplan (Exhibit B), and listing of administrative and operational offices (Exhibit C). 7r-1 CD NCOA: 2002 Subgrant Agreement 02-21-02 1 of 26 KWiwAd Cw fl m tn. ryIny, Inc. wWWf Di daPMW Diri8iM S..Io Co Ity S.M. Emplgwm t Pr-q m ►roprom Y­ 2002-2003 WITNESSETH WHEREAS, the GRANTEE has received a Grant from the United States Department of Labor, Employment and Training Administration, for use in providing employment and training opportunities for eligible persons pursuant to Title V of the Older Americans Act, as amended; and WHEREAS, the SUBGRANTEE, an independent contractor, has established a program to provide services for said eligible persons residing within its jurisdiction; The GRANTEE and the SUBGRANTEE desire to enter into an agreement whereby said GRANTEE will distribute funds received under its grant to SUBGRANTEE for use in the operation of said program. The GRANTEE requires the competent performance of the SUBGRANTEE in providing employment and training services as specified in this AGREEMENT. That the GRANTEE and the SUBGRANTEE acting by and through their representatives, have collectively agreed and by execution hereof are bound to the mutual obligations and to the performance and accomplishments of the tasks and provisions hereafter described. I. PROGRAM PURPOSE A. Project Objectives The SUBGRANTEE understands and agrees that the purpose of the Senior Community Service Employment Program (SCSEP) is to provide, foster, and promote useful part-time opportunities in community service employment and training opportunities for low income persons who are 55 years of age or older and, to the extent feasible, to assist and promote the transition of program participants to private or other unsubsidized employment. The primary objectives are to: 1) Provide needed wages to eligible individuals through employment in service to the community. 2) Provide needed service to the community. 3) Provide opportunities for entry/transition of program participants into private or other unsubsidized employment. B. Special Assurances The project conducted under the Subgrant will: 1) Provide program participation opportunities only for eligible individuals. Necessary technical, administrative, and supervisory personnel shall, to the fullest extent possible, be recruited from among eligible individuals; NCOA: 2002 Subgrant Agreement 02-21-02 2 of 26 Wti-W C--H - A. AgWq. I.. Wmkf— Dswbpm a DMM. 5-1-r Co Ity 5s k. Employment Pmgmm Progmm Year 2002-2003 2) Provide program participation opportunities for eligible individuals in the community in which such individuals reside, or in nearby communities; 3) Provide services to assure the transition to unsubsidized employment of as many program participants as possible; 4) Provide employment and training opportunities for eligible individuals in services related to publicly owned and operated facilities and projects or in projects sponsored by organizations, other than political parties, exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, except projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship. Documentation of the 501(c)(3) status of non -governmental training sites must be retained on file; 5) Contribute to the general welfare of the community; 6) Result in an increase in employment opportunities over those which would otherwise be available, but (1) not result in the displacement of currently employed workers (including partial displacement, such as reduction in the hours of non -overtime work or wages or employment benefits), and (ii) not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed; 7) Not permit the participation of any eligible individual to perform work the same or substantially the same as that performed by any other person who is on layoff; 8) Utilize methods of recruitment and selection (including notifying the State employment security agency when vacancies occur) which assure that the maximum number of eligible individuals have an opportunity to participate in the project; 9) Include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, as well as provide for the reasonable expenses of individuals being trained, including reasonable compensation for time spent in training; 10) Assure that safe and healthful training site conditions will be provided and assure that program participants assisted under this Subgrant shall be paid wages which shall not be lower than whichever is highest of (1) the minimum wage which would be applicable to the participant under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such Act applied to the participant and if he/she were not exempt under Section 13 thereof, (ii) the State or local minimum wage for the most nearly comparable covered employment, or (iii) the prevailing rates of pay for persons employed in similar public occupations by the same employer. 11) Be established or administered with the advice of persons who are competent in the field of service in which employment training is being provided and who are knowledgeable with regard to the needs of older persons; 12) Authorize pay only for necessary transportation costs of eligible individuals which may be NCOA: 2002 Subgrant Agreement 02-21-02 3 of 26 f,ktionol C-4 on the A9ft, Inc. Workforce Development Division Senior Community Servlee Employmsnt Program Program Year 2002-2003 Incurred in project -related activities under this Subgrant in accordance with the Federal regulations governing OAA Title V activities; 13) To the extent feasible, serve the needs of minorities, handicapped individuals, individuals who are members of Indian or Alaskan entities, Hawaiian natives, and limited English- speaking individuals in proportion to their numbers in the SUBGRANTEE'S geographic jurisdiction and take into consideration their rates of poverty and unemployment. 14) Authorize funds to be used, to the extent feasible, to include individuals participating in the project under a State unemployment insurance plan; 15) Make available to each participant a written explanation of allowable and unallowable political activities under Chapter 15 of Title V of the U.S. Code. The project shall post such a notice; 16) Assure that SCSEP positions are distributed in an equitable manner taking into consideration (1) the proportion which eligible individuals bear to the total number of such individuals in the geographic area(s) served, and (2) the relative distribution of such individuals residing in rural and urban areas. The equitable distribution of slots shall be accomplished in concert with other Sponsors of SCSEP activities; 17) In accord with congressional intent, take steps to strengthen the coordination of program activities with the private sector and with organizations charged with the operation of employment projects, particularly with those programs funded under the authority of the Job Training Partnership Act (JTPA); 18) Make available to each participant materials regarding the Age Discrimination in Employment Act. Said materials are to be provided to the SUBGRANTEE by the GRANTEE, upon receipt from the U.S. Department of Labor. 19) Assure that all SCSEP activities are conducted in accord with the provisions of the Drug - Free Workplace Act of 1988. 20) Assure that the required financial and compliance audits in accordance with the Single Audit Act of 1984 are performed, if applicable, with copies of said audits being provided to the GRANTEE. 11. GRANTEE/SUBGRANTEE RELATIONSHIP A. Legal Authority The SUBGRANTEE warrants that it is in compliance with all applicable state and Federal requirements and standards and that it possesses the legal authority pursuant to any proper, appropriate and official motion, resolution or action passed or taken, giving the SUBGRANTEE authority to enter into this Subgrant, receive the funds authorized by this Subgrant, and to perform the services the SUBGRANTEE has obligated itself to perform under this Subgrant. The person or persons signing and executing this Subgrant on behalf of the SUBGRANTEE, or representing themselves as persons authorized to sign and execute this Subgrant on behalf of the SUBGRANTEE, do hereby warrant and guarantee that they have NCOA: 2002 Subgrant Agreement 02-21-02 4 of 26 Wtl e l Council oe the Aykq, Inc. Workforce DeWopnrnt Dhrislm 5enbr Comm .tty SeMee Empleymeet Propnm Program Year 2002-2003 been fully authorized by the SUBGRANTEE to execute this Subgrant on behalf of the SUBGRANTEE and to validly and legally bind the SUBGRANTEE to all terms, conditions, performances and provisions herein set forth. The GRANTEE shall have the right to temporarily suspend or terminate this Subgrant if there is a dispute as to the legal authority of either the SUBGRANTEE or the person executing this Subgrant. The SUBGRANTEE shall be totally liable for return or reimbursement to the GRANTEE for all monies received if the Subgrant is suspended or terminated. B. Fund Availability That it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by GRANTEE of Federal funds granted by the United States Department of Labor, Employment and Training Administration; that all monies distributed to SUBGRANTEE hereunder shall be exclusively from Federal monies received under said Grant, and not from any monies of GRANTEE, and that if such funds are not timely forthcoming, GRANTEE may, at its sole discretion, terminate this agreement. The GRANTEE shall not be liable for payment for any work or services performed by SUBGRANTEE under or in connection with this Subgrant beyond the effective date of said termination. If the funds anticipated to be received by GRANTEE, under which this Subgrant is funded, are suspended or terminated, in whole or in part, funding for this Subgrant will cease. GRANTEE will within a reasonable time from receipt of such notice provide written notification to SUBGRANTEE. Payments under this Subgrant may be suspended or terminated upon refusal of the SUBGRANTEE to accept any additional conditions that may be imposed by the United States Department of Labor and/or the GRANTEE at any time. C. Independent Contractor SUBGRANTEE shall operate hereunder as an independent contractor, and not as an officer, agent, or employee of GRANTEE. It is expressly agreed and understood between the parties hereto, in entering into this agreement, that the GRANTEE shall not be liable to the SUBGRANTEE for any benefits or coverage as provided by Workers Compensation Laws, and further anyone employed by the SUBGRANTEE shall not be considered an employee of the GRANTEE for the purpose of Workers Compensation coverage. SUBGRANTEE shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, subcontractors and program participants. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of the SUBGRANTEE, is in the paid service of GRANTEE; and that GRANTEE does have the legal right to insure compliance with the tasks performed hereunder by SUBGRANTEE, its officers, agents, employees, subcontractors, or program participants. In no event shall any person employed by the SUBGRANTEE be considered an employee of the GRANTEE. NCOA: 2002 Subgrant Agreement 02-21-02 5 of 26 Natlmal Coundl on the Aging, Inc. Wo'kfa 0 dopasnt ON&hm Senior Co Oty 5-4. Employment Program Program Year 2002-2003 D. Third Party Agreements The SUBGRANTEE shall give advance notification to the GRANTEE of any proposed third party agreements, including but not limited to consultant contracts, agreements for personal services, or any subcontract hereunder. The SUBGRANTEE shall obtain the written consent of the GRANTEE'S SCSEP National Director prior to subcontracting. The GRANTEE may, at its discretion, specifically approve in writing any of the provisions of a third party agreement or subcontract; however, such approval obtained as required by this clause shall not be construed to be a determination of the allowability of any cost under the subcontract. Individual training courses for program participants are subject to the provisions of the NCOA/SCSEP Procedures Manual regarding approval of participant training. E. Indemnification SUBGRANTEE covenants and agrees to and does hereby indemnify and hold harmless GRANTEE from and against any and all injury, damage or destruction of property of GRANTEE arising out of or in connection with all acts or omissions of SUBGRANTEE, its officers, agents, employees, subcontractors, invitees, licensees, or program participants, or caused in whole or in part, by presumed negligence of officers, agents, or participants of SUBGRANTEE. In the event it is determined that SUBGRANTEE has misused, misapplied or misappropriated all or any part of these grant funds described herein, SUBGRANTEE agrees to indemnify, hold harmless and defend GRANTEE and its officers, agents, and employees, from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds. SUBGRANTEE shall be responsible for indemnifying GRANTEE for any awards, costs, or penalties, including legal expenses, arising out of SUBGRANTEE'S activities. F. Miscellaneous Provisions (1) Personnel and Records Availability Personnel and records must be available to Authorized Representatives of GRANTEE, the United States Department of Labor, and the Comptroller General of the United States. Such authorized representatives shall, during business hours, have access to, for inspection and copying: books, records, memoranda, correspondence, personnel staffing records, tapes or electronic transcriptions, and any other documents. Authorized representatives have the right to inspect the SUBGRANTEE'S facilities, monitor and review, through on -site visits, all program activities, personnel, staff, services, and programmatic and administrative practices, supported with funds under this Subgrant to ensure compliance with the terms of this Subgrant. GRANTEE'S staff shall monitor SUBGRANTEE, through on -site visits and program data, all Subgrant activities, services, administrative and management practices, funded in whole or in part through this Subgrant. Such monitoring shall be NCOA: 2002 Subgrant Agreement 02-21-02 6 of 26 Wtkmal Cooed on the Apkg, Inc. Workf rc Dewlopnent 01Wsim Senior Commaeity Service Employnrnf Program Program Year 2002-2003 announced and shall be accomplished by data collection through comprehensive on -site review of SUBGRANTEE'S records, interviews with administrative/program staff and participants, and by the examination of training sites and conditions. SUBGRANTEE must make available for review and duplication, at SUBGRANTEE's cost, all records required for this monitoring process. (2) Conflict of Interest SUBGRANTEE shall establish safeguards to prohibit persons funded in whole or in part by this agreement from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (3) Lobbying SUBGRANTEE will not attempt to influence any member of Congress, State or local legislator to favor or oppose any legislation or appropriation with respect to this agreement. CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements By accepting this subgrant, the signer hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or Member of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriation pending before the Congress. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit NCOA: 2002 Subgrant Agreement 02-21-02 7 of 26 Notional Ceancd on the Aging, Inc. Workforce 04velopmeM Division Senior Co nlfy Service EnglaMent Progrmn Proyrom Year 2002-2003 Standard Form - LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (4) Debarment, Suspension and Other Responsibility Matters CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this subgrant had one or more public transactions (Federal, State or local) terminated for cause or default. (5) Scope of Agreement That this written instrument, including all Exhibits attached to and incorporated herein, constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which varies from the terms hereof shall be void. NCOA: 2002 Subgrant Agreement 02-21-02 8 of 26 Wtie.d Cwwd m fka yMg. xaa. Warkfaroa Wvdopm rd DMAf. 5e1or Commaalty 5—k. Emo y".W PrW m Program Y— 2002-2003 That the provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court, federal agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Provided, however, that GRANTEE retains the right to revoke this AGREEMENT in its entirety, at GRANTEE'S discretion, in the event of non-compliance by SUBGRANTEE or if GRANTEE has a reasonable basis for believing the SUBGRANTEE is not or will not be carrying out the project as specified herein and according to GRANTEE's Program directives and applicable state and Federal law. III. GENERAL ADMINISTRATIVE PROVISIONS A. Period of Performance That the term of this Subgrant shall be for the dates specified on page 1 of this agreement, unless amended as described in Article III, Clause I. B. Total Funds Awarded That it is understood and agreed that in no event shall the total distribution of federal grant funds made by GRANTEE to SUBGRANTEE during the term of the Subgrant exceed the specific amount agreed upon and set forth on page 1 of this agreement, unless amended as described in Article III, Clause I. That it is further understood and agreed that the GRANTEE will pay not more than 90 percent of the cost of any project, and that the non-federal share may be cash and/or in - kind contributions. C. Subgrant Identification The SUBGRANTEE agrees to utilize the Subgrant Number on all correspondence, communication, reports, vouchers, invoices, publications, and all data concerning this Subgrant as delivered hereunder. In the event the SUBGRANTEE makes any public announcements, written or oral, publicizes or furnishes information on/or concerning activities under this Subgrant, such item or activity shall include information that the project is funded by a Subgrant with The National Council on the Aging, Inc., with funding provided by the United States Department of Labor. The SUBGRANTEE shall when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part by this subgrant, clearly state that the project will be financed with Federal money, and the dollar amount of Federal funds for the project or program. The SUBGRANTEE further agrees to utilize, on all stationery and correspondence and other appropriate materials, the NCOA/SCSEP program identification logo provided by the GRANTEE. Said logo identifies the SUBGRANTEE's SCSEP activities as being funded in whole or in part by the GRANTEE. NCOA: 2002 Subgrant Agreement 02-21-02 9 of 26 National C-9 on the Aping. Inc. Workforce 0—lopneM Wwon Senor Community 5e k:o EnploymaM Program Program Year 2002-2003 D. Compliance with Applicable Laws, Regulations and Guidelines (1) General Compliance That the SUBGRANTEE, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, and all rules and regulations of GRANTEE. It is further agreed and understood that as GRANTEE calls to the attention of SUBGRANTEE any such violation on the part of SUBGRANTEE or program participants, the SUBGRANTEE shall immediately desist from and correct such violation. (2) Laws and Regulations Incorporated by Reference The provisions of the following Acts, and applicable regulations made pursuant to said Acts, and other listed directives, are hereby incorporated by reference. All changes in said Acts, regulations, and directives are automatically incorporated into this Subgrant. a. Older Americans Community Service Act, Title V, as amended by the Older Americans Act Amendments of 1992. b. Federal regulations governing Title V operations as published in the Federal Register of May 17, 1995 at 20 CFR Part 641. C. Contract Work Hours and Safety Standards Act (40 USC 327-332). d. Office of Management and Budget (OMB) Circulars. e. Audit Requirements at 29 CFR Part 96. Debarment and Suspension Regulations (including the requirements for a drug -free workplace) at 29 CFR Part 98. g. Administrative Regulations, at 29 CFR Part 95 and/or 29 CFR Part 97. h. NCOA/SCSEP Policy and Procedures Manual. Equal Employment Opportunity Directives. Title VI of the Civil Rights Act of 1964 (PL 88-352). k. Uniform Relocation and Assistance and Real Property Acquisitions Act of 1970 (PL 91-646). Title IX of the Education Amendments of 1972, as amended. M. Section 504 of the Rehabilitation Act of 1973, as amended. NCOA: 2002 Subgrant Agreement 02-21-02 10 of 26 Ne l—I C-4 . tM Aging, Inc. Workforce Derelepment DWiekn Senior Com Mty S—ke EmPloymant P.9mm Progmm Y— 2002-2003 n. The Age Discrimination in Employment Act of 1975, as amended. o. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended. P. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended. q. Lobbying Restrictions at 29 CFR Part 93. (3) Participant Benefits The SUBGRANTEE agrees to provide all program participants with participant benefits as required by state and Federal law and, in addition, as directed by the GRANTEE. Failure to comply with this paragraph shall constitute grounds for revocation of this AGREEMENT. SUBGRANTEE agrees to indemnify GRANTEE for any costs, awards, penalties or associated expenses, including legal fees, incurred by the GRANTEE, arising out of SUBGRANTEE'S participant benefit policies. E. Funding Obligations and Payments That in consideration of full and satisfactory performance hereunder, GRANTEE shall be liable to SUBGRANTEE for the actual costs incurred by SUBGRANTEE for performance rendered, subject to the following limitations: GRANTEE shall not be liable to the SUBGRANTEE for any costs in excess of the approved amount. GRANTEE shall not be liable to the SUBGRANTEE for expenditures made in violation of regulations promulgated under the Older Americans Act, violation of the regulations found at 29 CFR Part 95 or Part 97 and Office of Management and Budget Circulars A-87 or A- 122, or in violation of any other regulations and/or management circulars promulgated under the Act or other applicable statute or regulation. GRANTEE may, at its sole discretion, make an initial advance to SUBGRANTEE before insured or collateralized bank account(s) have been established. No further advances shall be made until GRANTEE has received proof from SUBGRANTEE that such bank accounts have been insured or collateralized in accordance with 12 U.S.C. 1821 (Supplement 176- 1977). SUBGRANTEE shall minimize the time period between the transfer of cash from GRANTEE to SUBGRANTEE and the disbursement of funds in accordance with the Act, regulations, management circulars and GRANTEE directives. Advance funds requests are required to be limited to the minimum amounts necessary for immediate disbursement needs by the SUBGRANTEE for project expenditures. Maximum cash on hand, at any given time, shall not exceed three (3) calendar days of planned expenditures. Payments under this Subgrant are conditioned in their entirety upon SUBGRANTEE'S full and satisfactory performance of its obligations under this Subgrant. NCOA: 2002 Subgrant Agreement 02-21-02 11 of 26 National C-0 on the Aging, I— Workfo t walopmsnt Division S-ix Ca Ity S-W- En*.ymant Pra9-m Program Va 2002-2003 It is expressly understood and agreed by the parties hereto that if SUBGRANTEE fails to submit to the GRANTEE in a timely and satisfactory manner any report required by this Subgrant, GRANTEE may, at its option and in its discretion, withhold any or all payments otherwise due SUBGRANTEE hereunder. GRANTEE may withhold payments until such time as delinquent obligations are fulfilled by SUBGRANTEE. The GRANTEE may withhold from payment to the SUBGRANTEE, direct administrative costs and the indirect costs invoiced for under this Subgrant for failure to submit required reports accurately and timely. Amounts withheld will be released upon submission of satisfactory reports. If prior approval has been provided by the GRANTEE, an advance payment to the SUBGRANTEE may be made for exceptional circumstances. F. Interest -Bearing Bank Account SUBGRANTEES (except for States) that are on an advance payment system are required to maintain the advances received from the GRANTEE in an Interest -Bearing Bank Account. Interest earned in excess of $100 during the subgrant period is required to be remitted to the GRANTEE. The funds in the Interest -Bearing Bank Account may be withdrawn by the SUBGRANTEE solely for the purposes of making payments for items of allowable costs within the terms of this Subgrant, or to reimburse the GRANTEE in accordance with closeout procedures. Authorized representatives of the GRANTEE shall have access to the books and records maintained by the Bank with respect to such Interest -Bearing Bank Account at all reasonable times and for all reasonable purposes, including, but not limited to, the inspection or copying of such books and records and any and all memoranda, checks, correspondence, or other documents pertaining thereto. G. Program Income All records and accounts of program income are to be maintained and reported in accordance with the financial management requirements contained in 29 CFR Part 95. Money generated by any income -producing activity under this Subgrant shall be applied to the cost of the activity, and reimbursement under this Subgrant reduced accordingly by the GRANTEE. Use of program income for other allowable Title V activities requires the written approval of the GRANTEE'S SCSEP National Director. H. Use of Federal Funds Federal Funds received as a result of this Subgrant may be expended only for purposes permitted under the provisions of the Act, and within the authorized amount and time frame prescribed in writing by the GRANTEE. NCOA: 2002 Subgrant Agreement 02-21-02 12 of 26 Natiaeal eeaneg an the Aging, ine. Workforce Developwo DMdee Senior Community Sella Employment Program Program Year 2002-2003 Subgrant Modifications and Changes (1) Time Limitations That except as otherwise provided herein, any alterations, additions, or deletions to the terms of this Subgrant shall be by modification hereto in writing and executed by both parties to this Subgrant. The duly authorized representative of the GRANTEE and an authorized agent of the SUBGRANTEE as specified must sign any modification pursuant to this Clause in Subgrant Article II. If the SUBGRANTEE is directed to make any changes whatsoever by any person other than the GRANTEE'S SCSEP National Director, or his duly authorized representatives, which they feel will change the period of performance, require additional effort, affect the cost of the Subgrant or change any other terms and conditions, the SUBGRANTEE shall immediately make a written request to the GRANTEE'S SCSEP National Director, the NCOA Vice President for Workforce Development, for official approval to proceed. The SUBGRANTEE is cautioned that any changes prior to official GRANTEE SCSEP National Director's written approval shall be at SUBGRANTEE'S own risk. (2) Line Item Transfers The flexibility of federal fund transfers within the Subgrant budget will be allowed provided that: (a) The total federal funds awarded for this Subgrant are not exceeded; (b) The administrative portion of the budget is not increased; and (c) No single cost category is increased or decreased by more than 5 percent of its budgeted amount. (3) Other Modifications Prior approval, through formal modification of this agreement, is required for: (a) A net increase or decrease from the approved enrollment level exceeding 10 percent. (b) Any significant changes in the scope of the project. (c) The transfer of Federal funds allocated for participant wages and fringe benefits to other categories of expense. (d) The addition of any cost items requiring approval in accordance with the provisions of Office of Management and Budget Circulars A-87 and A-122. (4) Changes That any alterations, additions, or deletions to the terms of this Subgrant which are NCOA: 2002 Subgrant Agreement 02-21-02 13 of 26 Natkmol Council on tha Agkg, I— Wotkforoa D—Jopmcnt OWlalon Santo' Co Wty S-1. Employment Program Program Y— 2002-2003 required by changes in Federal laws, and by Federal Regulations promulgated pursuant thereto are automatically incorporated into this agreement on the date designated by law or regulation. The parties hereto expressly agree that GRANTEE shall have the right to make unilateral amendments to this Subgrant necessary to assure conformity to federal law, availability of funds, and regulations by the issuance of written Notification of Change duly signed by the GRANTEE'S SCSEP National Director. If such changes cause an increase or decrease in the cost of performance of this Subgrant or in the time required for performance, an equitable adjustment shall be made in the amount of funds obligated and the Subgrant shall be modified in writing accordingly. If SUBGRANTEE cannot conform to a Notification of Change, it shall notify GRANTEE of such, in writing, within five (5) working days of receipt of such Notification of Change. Failure to agree on any adjustment shall be a "Dispute" concerning a fact within the meaning of this Subgrant and shall be submitted through GRANTEE'S normal channels for resolution. However, nothing in this clause shall excuse the SUBGRANTEE from proceeding with the agreement as changed, until final resolution. If SUBGRANTEE cannot conform to the changes required by Laws, Federal Regulations promulgated pursuant thereto, GRANTEE Directives or Management Circulars, then SUBGRANTEE shall notify the GRANTEE in writing within 30 days of promulgation. GRANTEE may then establish procedures for the suspension or termination of SUBGRANTEE'S programs, if appropriate, until such time as the "Dispute" is finally resolved. J. Subgrant Termination That the performance of work under the Subgrant may be terminated by the GRANTEE in accordance with this Clause in whole or in part: (1) Termination for Cause The GRANTEE or the SUBGRANTEE may terminate this Subgrant when it has been determined that the other party has failed to provide any of the services specified, or failed to comply with any Federal requirement or provisions contained within this Subgrant. If the SUBGRANTEE fails to perform in whole or in part the terms of this Subgrant or fails to make sufficient progress so as to endanger performance, the GRANTEE will notify the SUBGRANTEE of such unsatisfactory performance in writing. The SUBGRANTEE has ten (10) working days in which to respond with a written plan acceptable to the GRANTEE for correction of deficiencies. If the SUBGRANTEE does not respond within the appointed time with appropriate plans, the GRANTEE shall serve a Notice of Termination on the SUBGRANTEE which will become effective within thirty (30) days after receipt. In the event of termination, the GRANTEE shall be liable for payment only for services prior to the effective date of the termination, provided that such services are in accordance with the provisions of this Subgrant and are allowable costs as specified in the regulations. NCOA: 2002 Subgrant Agreement 02-21-02 14 of 26 N-tionol C-4 en the AgWq, Inc. Workforce D-v I.PW t Diviclon Senior Community Serum Enp&Wm-M Prcgro Pro9mm Ym 2002-2003 (2) Termination for Convenience Either the GRANTEE or SUBGRANTEE may request a termination for convenience. Either party shall give a thirty (30) day advance notice, in writing, of the effective date of such a termination. The SUBGRANTEE shall be entitled to receive just and equitable compensation for any allowable services satisfactorily performed hereunder through the date of termination. (3) Notice of Termination Whenever for any reason the GRANTEE shall determine that such termination is necessary for the GRANTEE, any such termination shall be effective by delivery to the SUBGRANTEE of a Notice of Termination specifying whether termination is for cause or for the convenience of the GRANTEE, the extent to which performance of work under the Subgrant is terminated, and the date upon which such termination becomes effective. Upon such termination of this Subgrant, the GRANTEE will determine the amount due the SUBGRANTEE, or otherwise, such sum will in no event exceed the face value of this Subgrant. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the Subgrant shall be equitably adjusted by agreement between the SUBGRANTEE and the GRANTEE, and such adjustment shall be evidenced by a modification to this AGREEMENT. K. Closeout Procedures The SUBGRANTEE will submit subgrant closeout data no later than 45 days after the expiration of this agreement. Guidelines for completion of the closeout package are contained in the NCOA-SCSEP Procedures Manual. A SUBGRANTEE who is delinquent in submitting a refund check may be prohibited from entering into a Subgrant for the fiscal year following the Subgrant closeout period, and/or payments under an existing subgrant may be suspended. IV. FINANCIAL MANAGEMENT PROVISIONS A. Accounting System The SUBGRANTEE will maintain complete and accurate records justifying all actual and accrued expenditures, leaving a clear audit trail to the point of origin. Costs shall be segregated, as directed within the framework of this Subgrant. Also, an accrual reporting system shall be implemented and maintained, and utilized for monthly reporting of program expenditures. That in the event that GRANTEE determines that the record -keeping system of SUBGRANTEE does not comply with Federal guidelines, an accounting firm may do financial accounting approved by GRANTEE. The Cost shall be deducted monthly from the funds allocated to SUBGRANTEE. NCOA: 2002 Subgrant Agreement 02-21-02 15 of 26 National C-1 .n th. AgWa, Inc. warkfaro. Daval""wnt Division Senior Commanity Souk. Empbymant Pragrom Program Year 2002-2003 SUBGRANTEE shall retain on file written evidence to support all expenditures accrued, on a monthly basis, and report such expenditures to GRANTEE. SUBGRANTEE shall maintain accounts in such a way that they are traceable to source documentation of unit transactions. Source documents will be maintained for all transactions. SUBGRANTEE shall insure that GRANTEE, the Comptroller General of the United States, the U.S. Department of Labor, or any of their authorized agents have the right of access for examination and reproduction of any books, accounts or records of SUBGRANTEE and its subcontractor(s), and shall maintain such right of access as a condition of any subcontract award. This access shall include records of program income, and cost allocation plans. The SUBGRANTEE assures and certifies that it has complied with the requirements of Federal, state and local laws regarding the obtaining of employer identification/account numbers and the collection, payment, deposit, and reporting of federal, state and local taxes. In addition to certifying compliance for all prior subgrants with the GRANTEE, if applicable, the SUBGRANTEE further assures continuing compliance throughout the period covered by this Subgrant. B. Bonding That SUBGRANTEE shall, before an advance or any payment or compensation is made under this Subgrant, furnish proof to the GRANTEE that it has a fidelity bond covering all officers and employees of the SUBGRANTEE who are responsible for the receipt, custody and disbursement of program assets. Such a fidelity bond shall be conditioned that the surety executing such bond agrees to indemnify the SUBGRANTEE and ultimately the GRANTEE as appropriate, against any direct loss of money or other personal property, for which the SUBGRANTEE is legally responsible under the terms of this Subgrant. Such bond shall be in an amount equal to one-half of one month's budgeted costs but no less than TWENTY-FIVE THOUSAND DOLLARS ($25,000). Such bond must remain in force throughout the entire period covered by this agreement, and advance written notice of thirty (30) days shall be given to GRANTEE of any intent to cancel such fidelity bond by either the SUBGRANTEE or the surety. C. Equipment (1) Purchase and Maintenance of Equipment The purchase of all nonexpendable personal property requires prior written approval by the GRANTEE. The execution of this Subgrant, inclusive of all exhibits, does not constitute prior approval. No purchases of equipment shall be allowed during the last quarter of the Subgrant period. SUBGRANTEE shall follow the provisions of 29 CFR Part 95 for all purchases of property with Subgrant funds. However, should the SUBGRANTEE have, or the GRANTEE issue, a more restrictive policy, then the most restrictive policy shall apply. The titles to all property purchased with Subgrant funds remain vested in the GRANTEE. The GRANTEE may take possession of all such property upon NCOA: 2002 Subgrant Agreement 02-21-02 16 of 26 National Council on Na Aging, Inc. Warkfarce rx lai ment DWleion Senior Community Service Ewoffi ment Program Program Year 2002-2003 termination of the Subgrant, or on evidence that property's utilization is not consistent with the Subgrant. SUBGRANTEE shall maintain an up-to-date inventory of all Subgrant property in its custody, and shall maintain the property in good condition. This includes property currently on hand from previous subgrants/contracts with the GRANTEE, surplus government property utilized for the Subgrant, and all new purchases under this Subgrant. SUBGRANTEE shall submit inventory as part of the closeout package referenced at Article III, Clause K. This clause is applicable to all office furnishings and equipment, tools, and materials used in training and services activities. (2) Lease, Rental and Lease-Purchase/Property Improvements The GRANTEE reserves the right of reviewing and approving all applicable lease, rental and lease/purchase agreements of the SUBGRANTEE. SUBGRANTEE shall maintain and make available to the GRANTEE copies of all documents relative to bids, quotations and offers related to the agreements. Lease, rental and lease/purchase agreements may be reviewed for a fair and reasonable cost analysis prior to approval. Any remodeling and rehabilitation must be reviewed by the GRANTEE and written approval provided by the GRANTEE prior to the SUBGRANTEE expending funds from this Subgrant. Funds from this Subgrant are prohibited from use for capital improvements on privately owned property. D. Indirect Costs That SUBGRANTEE will not be reimbursed for any indirect cost incurred in performance under this Subgrant unless SUBGRANTEE has a current Indirect Cost Negotiated Agreement, fully executed by a cognizant Federal Agency, and been given prior written approval by GRANTEE. E. Insurance That SUBGRANTEE shall procure and thereafter maintain all private and public insurance coverage required by Federal, State and local law, and as detailed in the NCOA-SCSEP Procedures Manual. F. Audits As required by Department of Labor regulations (29 CFR Part 96), recipients of Department of Labor grants are required to obtain annual organization -wide audits. SUBGRANTEES who are States, Local Governments, or Indian Tribes are required to have the audits performed in accordance with Office of Management and Budget (OMB) Circular A-128, "Uniform Audit Requirements for State and Local Governments." NCOA: 2002 Subgrant Agreement 02-21-02 17 of 26 Notional C-4 on the Aping, Inc. Workforce Development Division Senior Commonlfy Service Employment Progrmn Program Yser 2002-2003 SUBGRANTEES who are colleges and universities, and other non-profit organizations are required to have the audit performed in accordance with the requirements contained in OMB Circular A-133. The audits should be made annually, but must be made at least biennially. Audits conducted biennially shall cover both years within the biennial period. OMB Circular A-133 provides detailed guidance on the conduct of organization -wide audits. Colleges and universities, and other nonprofit organizations are required to follow this guidance in the conduct of the audits. Costs of organization -wide audits may be reimbursed if funds are provided for the audit in the administrative expense category of the approved subgrant budget. The SUBGRANTEE is required to submit copies of the audit reports to the GRANTEE when they are completed, along with the SUBGRANTEE's responses to recommendations or findings that pertain to the subgrant and the repayment of any audit exceptions for improperly spent subgrant funds. Audits of this Subgrant will be performed by the GRANTEE (including a representative of the U.S. Department of Labor or others, if applicable), and findings of such audits thereof will be provided to the SUBGRANTEE. All books of accounts, ledgers, supporting records and worksheets pertaining to the financial records of the subgrant shall be retained for a period of three (3) years from the final closeout date of the GRANTEE'S prime grant. Records shall be retained beyond the 3-year period if audit findings have not been resolved, or if requested by GRANTEE. In the event of disallowance or audit exception by the GRANTEE, including any exception resulting from a U.S. Department of Labor audit, of any expenditure which it considers to be an item not properly allocable to the work, or reimbursable under this Subgrant, the GRANTEE shall notify the SUBGRANTEE in writing of the disallowance, giving full particulars and reasons for disallowance. In the event the SUBGRANTEE concurs, the amount disallowed may be withheld by the GRANTEE from the next advance, if any; or if there is no next advance, the SUBGRANTEE shall make payment to the GRANTEE. In the event the SUBGRANTEE does not concur with a disallowance or audit exception, the matter may be referred to the appropriate official of the U.S. Department of Labor for review, after the GRANTEE'S Audit Resolution procedures have been exhausted. Notwithstanding any other provision of law or this AGREEMENT, the SUBGRANTEE shall indemnify and/or reimburse GRANTEE for any disallowances or exceptions, and for any associated or consequential costs thereof, resulting from a DOL audit or otherwise. V. PROGRAM MANAGEMENT PROVISIONS A. Policies and Records (1) Personnel Policies The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of its approved personnel policies, for both staff and participants. NCOA: 2002 Subgrant Agreement 02-21-02 18 of 26 Notionol Council on the Aging, Inc. Warkf— Dewlopmaet Division Senior Community Service EnWWmant program Program Year 2002-2003 (2) Travel The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of its approved travel policies, which apply to staff and program participants. Travel costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the SUBGRANTEE. Detailed travel records must be kept in order to substantiate travel charges made in connection with subgrant activities. All travel outside of the SUBGRANTEE'S jurisdiction must be approved, in writing, by the GRANTEE. The reimbursement rate for local travel shall not exceed the Federally authorized rate as communicated to the SUBGRANTEE by the GRANTEE. (3) Accessibility to Personnel and Records In addition to the requirements imposed elsewhere in this Subgrant, SUBGRANTEE shall insure that sufficient, auditable, and otherwise adequate records are maintained which support the expenditure of all funds received through this Subgrant. Such records shall be sufficient to allow the U.S. Department of Labor and GRANTEE to audit and monitor SUBGRANTEE, and shall include the maintenance of management information system (MIS) records in accordance with the required GRANTEE MIS system. The SUBGRANTEE shall comply with all requirements imposed by law and the GRANTEE regarding the maintenance of a record of each individual's participation in the SCSEP, including dates of entry and termination, and services provided. All non -active participant and program records shall be maintained for a minimum three (3) year period following closeout of the GRANTEE'S OAA Title V prime grant. If, prior to the expiration of the three (3) year retention period, any litigation or audit is begun or a claim is instituted involving the agreement covered by the records, the SUBGRANTEE shall retain the records beyond the three (3) year period until the litigation, audit finding, or claim has been finally resolved. GRANTEE will formally notify the SUBGRANTEE of the expiration of each subgrant retention period. Disposal of records, without GRANTEE approval, is at the SUBGRANTEE'S risk. B. Program Staff The SUBGRANTEE shall designate a Project Director to be responsible for administration of the SCSEP. Appointment shall be subject to consultation with GRANTEE. Other staff necessary to administer, manage and/or operate this subgrant shall be program participants whenever feasible, and project staffing arrangements shall be subject to approval by the GRANTEE. GRANTEE shall be provided advance notification, of at least 10 days, of any proposed changes in project administrative personnel and/or staffing arrangements. C. Advisory Council SUBGRANTEE agrees to develop a mechanism for securing the largest and broadest NCOA: 2002 Subgrant Agreement 02-21-02 19 of 26 National C 11 on the Aghg, Inc. Workforce b—lopnent Division Senior Can fty Service Employment Program Program Year 2002-2003 possible community support for the project, such as an Advisory Council. The Advisory Council is to provide advice, assistance and support, while not functioning as a program policy -making body. The Advisory Council may be a committee or sub -committee of a larger aging, employment, or human services program council. Membership should include, but not be limited to, participants, professional persons who are specialists in the field of aging, employment and human services programs, local labor leadership and representatives of private industry. A listing of the membership shall be submitted to the GRANTEE as part of the renewal of this subgrant, and whenever changes are made in committee representatives. VI. REPORTING REQUIREMENTS A. Financial Reports The SUBGRANTEE shall deliver to GRANTEE'S Finance Department, a monthly financial report of its expenditure of funds received under this Subgrant. The report must have original signatures, and must be received by the 15th day of the month following the reporting period. The GRANTEE, at its discretion, may require SUBGRANTEE to submit an additional statement each month that will reflect the following: (a) Purpose of each expenditure; (b) Payee of each expenditure; (c) Amount of each expenditure; and (d) Name of person requesting each expenditure. A copy of the Monthly Financial Report (MFR), and all attachments, shall be submitted to the designated NCOA Regional Manager. B. Management Information System (MIS) Reports The SUBGRANTEE shall submit properly certified participant tracking reports to the GRANTEE. These reports shall be submitted in the format and within the time frame prescribed by the GRANTEE. The reports shall include but not be limited to, information on enrollment, activity change and termination of participants. The NCOA-SCSEP Procedures Manual provides a full description of all required reports, due dates, and persons to whom copies are distributed. C. Other Reports The SUBGRANTEE shall prepare in accordance with written directives those documents as specified by the GRANTEE to enable the GRANTEE to summarize and report the status of the program as set forth in this Subgrant and as required by the Department of Labor, other Federal agencies, and the GRANTEE. This data, along with other reports will be used to determine the performance of this Subgrant as set forth herein. NCOA: 2002 Subgrant Agreement 02-21-02 20 of 26 National C-4 on the Aging, Inc. Workforce Development Division Senior Commmity Service Employment Pragrmn Program Year 2002-2003 VII. PERFORMANCE A. Performance Standards The SUBGRANTEE shall have adequate administrative and accounting controls, personnel standards, evaluation programs and other policies as may be necessary to promote the effective use of funds and to comply with Title V regulations. Performance by the SUBGRANTEE shall be measured monthly, by the GRANTEE, on a cumulative basis against goals and standards specified in this AGREEMENT and incorporated by reference. The performance standards for program activities under this Subgrant, as outlined in the Program Narrative, shall also be monitored. It will be the responsibility of the SUBGRANTEE to determine the nature, extent and cause of performance below relevant goals. B. Program and Financial Goals GRANTEE will review and analyze, at least monthly, all reports submitted pursuant to provisions for program and financial goals set forth in this Subgrant. The GRANTEE reserves the right to require replanning or other appropriate action that may include the unilateral deobligation of funds. The SUBGRANTEE will be expected to perform according to monthly financial plans, as stipulated in the Budget; however, appropriate procedures must be initiated to assure that the total subgrant is not over -expended. The unsubsidized placement goal is stipulated on page 1 of this AGREEMENT, and progress toward achieving it shall be reviewed on a monthly basis. Participant service plans, as stipulated in the narrative/workplan, shall be continuously reviewed to determine that goals are being met. C. Evaluation The frequency, format, accuracy and time of submission of required MIS and financial reports and invoices shall conform to instructions published by the GRANTEE. The submission of delinquent or faulty data will be recorded and such occurrences shall result in an adverse effect upon the evaluation of the overall performance of the SUBGRANTEE, and may result in the suspension or termination of the Subgrant. The submission of reports shall not be the only criterion by which the SUBGRANTEE is evaluated. Total performance within the scope of this Subgrant, Title V of the Older Americans Act and regulations, other applicable laws and regulations, and GRANTEE Directives, will all affect the evaluation of the Subgrant. Vill. MISCELLANEOUS All documents, records, reports, forms, or any other material maintained, completed, or submitted by the SUBGRANTEE in connection with the performance of the work, as well as any equipment, furniture, other tangible property (if any) acquired with funds provided or reimbursed by the GRANTEE, shall be the exclusive property of the GRANTEE and shall be delivered to the NCOA: 2002 Subgrant Agreement 02-21-02 21 of 26 Wf —I C-1 se fi,e AgWq. Ins. Ward-- Derdeppmmf DMsim Senior Cs .Ity 5wV- Emo ymsnf Propom Program Year 2002-2003 GRANTEE at the termination date or earlier termination of this Subgrant, or upon request therefor. All rights of copyright, reproduction, and disposal of the material gathered by the SUBGRANTEE, including but not limited to the aforesaid documents, reports, and forms, shall belong exclusively to the GRANTEE, with the exception that the SUBGRANTEE is authorized to make and retain for its official records, copies of documents and reports provided to the GRANTEE. No publication or dissemination of any kind shall be made of material, reports, or results of this SCSEP by SUBGRANTEE without the prior consent of the GRANTEE, with the exception that the SUBGRANTEE may provide normal public information concerning the program, its purpose, and requirements for enrollment. The SUBGRANTEE may publish statistical data concerning participation and progress of the program. It is understood and agreed that this AGREEMENT incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are not commitments, agreements, or understandings concerning the subject matter of this AGREEMENT that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether written or oral; it is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. To provide services as set forth in the Subgrant Narrative, the SUBGRANTEE shall continuously manage and operate this Subgrant at the administrative office noted on Page 1 of this agreement, and the administrative and operational offices listed in Exhibit C. IX. AUTHORITY TO EXECUTE Each of the parties hereto covenant to the other party that it has lawful authority to enter into this AGREEMENT and has authorized the execution of this AGREEMENT by the party's authorized representative. This AGREEMENT shall be effective upon execution by both parties. NCOA: 2002 Subgrant Agreement 02-21-02 22 of 26 N.1Nnd C-4 - th. Agi.9, Inc. Wxkf—. D.rW r—t 0M.hw S.nbr Canendty S. ic. emoerm t O'eDmm /r.g— V..r 2002-2003 EXHIBIT A: Detailed Line Item Budget (attached) NCOA: 2002 Subgrant Agreement 02-21-02 23 of 26 Exhibit A Monroe County Senior Community Service Employment Program Workers Compensation PY 2001 through 2002 Code Position Salary Rate Number of Cost Positions 8742 Job Developer $ 6,240 1.10 1 $ 40.94 8810 Clerical $ 5,356 0.59 13 $ 345.08 8810 Library Clerk $ 5,356 0.59 3 $ 79.63 8742 Program Aide $ 5,356 1.10 3 $ 148.47 8742 Nutrition Aide $ 5,356 1.10 2 $ 98.98 8742 Teacher's Aide $ 5,356 1.10 2 $ 98.98 Total Participant Workers Compensation Charge $ 812.07 9410 SCSEP Director $ 48,068 16.66 1 $ 4,776.01 Figures Provided by Employee Benefits Section. Worker's Compensation: The rate times each hundred dollars of salary minus 84% of the total times the number of positions. ri.fion.i Cw on the Aging. Im. W-kf—. 1*"n.nr Dk.W- S.niw Cwmunily S. ,- E'W",nut ".r- P-9— Y— 2002-2003 EXHIBIT B: Detailed Narrative Project Workplan (attached) NCOA: 2002 Subgrant Agreement 02-21-02 24 of 26 Project Narrative for Monroe County Senior Community Service Employment Program SECTION I - NEED FOR THE PROJECT The Senior Community Service Employment Program of Monroe County provides subsidized work experience and training for older Americans aged 55 years and older whose means fall below the 125 percent poverty level guidelines. The training gained by the participants from the training program aides in obtaining unsubsidized employment both in the private and public employment sectors. Thus increasing the probability that the participants will be able to subsidize their income at a higher rate of pay. Each time a participant successfully gains placement in the unsubsidized market opens the door for another participant to begin their journey into the SCSEP program. The local SCSEP program office serves all of Monroe County covering a span of approximately 112 miles of the elongated Florida Keys. Living in paradise does have its downfalls to all citizens but however more unfortunate affecting the older Americans. The cost of living being as high as it is does burden the older citizens of Monroe County causing their means of income to be eaten up by their unavoidable expenses. The SCESP program helps them to subsidize their income as well as give them training, increase their self-confidence, create an extended social life and help them to become aware of other community services that are available to meet their needs. According to the U 5 Census the Monroe County overall population is 80,000. Approximately 6 percent of the Monroe County poverty population is older Americans, thus 1 indicating that there is a need to help seniors to become a part of the work force. Most of them have not actively worked for sometime and do not possess the skills necessary to be a candidate in today's job market without adequate training. This project has not met the unsubsidized employment goal for the project year 2001 through 2002. More emphasis will be placed on meeting the unsubsidized goal for the upcoming project year by looking closer at the personal as well as the employment needs of the participants by following their progress more closely. Developing a close working relationship with the Florida Keys Employment and Training Consortium the One Stop Center will assist in achieving the unsubsidized placement goal in the new program year. Advertising the Senior Community Service Employment Program heavily through out Monroe County to increase participant response to maintain enrollment status as well as a waiting list. SECTION II - DESCRIPTION OF SUBSOPNSOR ORGANIZATION AND PROJECT ADMINISTRATION The Senior Community Service Employment Program (SCSEP) is a federally funded program under Title V of the Older Americans Act of 1965, as amended and are administered by ten national sponsors, the 50 State governments, and most of the United States territories through grants from Department of Labor, working directly with the National Council on the Aging (NCOA) Inc. The Monroe County Board of County Commissioners also funds a portion of the Senior Community Service Employment Program. 2 The Senior Community Service Employment Program provides useful work experience training for older Americans who are over the age of 55 and economically disadvantaged. SCSEP helps older Americans remain independent by helping them find employment, increasing their income and confidence in themselves by learning new skills. While involved in the SCSEP project older Americans are given the opportunity to receive on the job training to obtain unsubsidized employment thus becoming economically independent. The Senior Community Service Employment Program serves all of Monroe County from Key West to Ocean Reef Club. The SCSEP office in Monroe County, is staffed by Dianne Russell, Project Director full-time 40 hours a week and Vacant Position, Job Developer/Monitor, participant, 20 - 25 hours per week, and Eileen Evans SCSEP Program Aide 20 hour per week.The financial aspects of the SCSEP program are handled through the SCSEP office, the Office of Management and Budget and the Monroe County Finance Department. The Project Director oversees any expenses incurred by the program on a daily, weekly and monthly basis as well as the preparation of the monthly financial report. The Monroe County Social Services Executive Director reviews the SCSEP budget and financial expenditures quarterly to ensure that funds are being expensed and accounted for properly. At the beginning of each month the Monroe County Finance Department sends the SCSEP office an expenditure report for the federal money as well as the non- federal match. Once received the Project Director begins the preparation of the monthly financial report. Once completed the Executive Director, Social Services reviews the report, signing with his approval at which time the report is faxed to NCOA, and the 3 Office Assistant/Secretary mails the original and the 3.5 diskette to the appropriate NCOA staff. The financial spending is monitored on a monthly basis when the Project Director is preparing the monthly financial report and then reviewed by the Executive Director, Social Services. The Executive Director, Social Services, reviews the budget on a semi-annually basis to ensure that the SCSEP project goal is met for the project year. The NCOA monitors will conduct SCSEP Project evaluation. Any problems noted by NCOA monitors will be remedied by the Project Director, or Executive Director Social Services. Time cards are prepared by the training site supervisor or participant also requiring the supervisor and the participant to sign and mail the time card directly to the SCSEP office at the end of each bi-weekly pay period. The Office Assistant/Secretary overlooks each time card to ensure that the hours indicated is correct. Once all time cards are collected they are copied for the participant's files and sent to the Monroe County Payroll Department. Payroll provides the SCSEP office with a listing of each participant and the amount of hours accrued for sick and vacation leave prior to the end of each pay period. The Project Director is aware of the 1300 maximum hours that a participant is not to exceed in a program year. 4 Senior Community Service Employment Program Dianne Russell Project DirectorP Valerie Weatherford Job Developer/Monitor Eileen Evans SCSEP Program Aide MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC RICHROTHekofOCartsE DPNTarCdaUEZ COMMISSIONERS PmpertyApprasor Legal Servces SurofEledas TOUWST DEVELOPMENT DAMES HENDRICK VACANT MrWI( ROSCH JPMES R08ERTS Council CMyAft" CoudyArkniristrata hwialExaminer Lard khority CHARLES INGRAFWM DAMES ROBERTS REGGIE PAROS TIM MCGARRf JAMES MALLOCH KARIE MCDONALD PETER HORTON TERESACOOK PIERCE Direda Maregemed Services Division Dredor :DENT ivisbn Direda DidsW DPedor Division Director Dredor Trauma Sr. Mareger AdmiN tata VderadsAffairs Public Safety Public Works GmMhMaregemeh CommurdyServices EmergereyMaregemeh Key M ArW MaratlmArW SHEILA BARKER GPER JR ROYSANCHEZ RONDANORMAN LOUISIATORRE SR Diredor dor EEmergercy D redor Dredor SR Dtedor Admiristrative Services aragemed FleelMrregemert Code Erbrcemed Social Servce JOE LONDON DAMD KOPPEL JOSEPH PASKALIKEEAer6Dn OUG GREGORY jgTecMdSerAces] Fire Marshal Courfy Engi eer SR Dreda Budding Official cta Marine Aged Services NORM LEGGETT MARLEENCONAWAY NORMAKULA SR Director SRl&eda SRA6niristrator Commuridicrs Plan i g Libraries REGGIE PAROS GEORGE GARRETT 'EMS Chef SR DFeda Marine Resoirces VACANT SR LFredor Fire 8 Rmue Sm*es 11 SECTION III - PROJECT OPERATIONAL PROCEDURES Recruitment and Selection of Participants Recruitment of participants is handled by several ways. Continuing to work with the different agencies that are in touch with older Americans through out Monroe County. Generating referrals from agencies like Monroe County Welfare, Monroe County In home Services, Monroe County Nutrition, Monroe County Transportation, Vocational Rehabilitation, Job Services of Florida, Florida Department of Children and Families, Social Security and other agencies. Distribution of flyers and posters in areas that the older American's frequent like shopping plazas, the HARP Senior Centers, doctor's offices, and public assistance offices. The SCSEP program office currently advertises for free in local newspapers, public service announcements of local radio stations, through joint mailings within the Monroe County Social Services Department, and regular announcements on the Monroe County Public Access Television Cable Station. By recruiting successfully, the SCSEP program office will be able to maintain applicants necessary to meet the number of slots assigned as well as keeping a wide spread of applicants who are disabled and have the greatest economic need. The SCSEP program office also maintains a waiting list, as positions become available due to unsubsidized placements, termination's due to health or other factors the sources to fill the position is readily available. Persons on the SCSEP waiting list are reviewed for those individuals who are most financially needy, 60 years of age or older persons seeking re -enrollment following termination of an unsubsidized placement through no fault of their own or due to health reasons. 7 There are three bases for determining eligibility initial enrollment, re -enrollment and re- certification. At the time of initial enrollment or re- enrollment an applicant must be 55 years of age or older, their income must not exceed the 125 percent of the poverty level, they must reside within the state of Florida and the applicant must prove that they are eligible to work by completing the (INS) Form I-9. Re -certification occurs annually for participants currently enrolled on the program. At which time, specified documents are updated as well as determining income eligibility. The Project Director conducts as well as reviews any and all paper work submitted for the initial enrollment, re -enrollment and re- certification. The Job Developer/Monitor and/or the Project Director is responsible for the initial enrollment and re -enrollment packets with the applicant, but the individual is deemed eligible upon review by the Project Director after the application and all required forms are examined and the Project Director has spoken with the applicant directly. The Project Director will handle re -certification unless the Job Developer/Monitor is able to complete the re -certification in a timelier manor. All packets are initially reviewed by the Project Director for accuracy and completeness as well as a final review by the Executive Director, Social Services. Continued Eligibility for Enrollment in SCSEP All current participants are re -certified annually. The responsibility falls upon the Project Director unless the Job Developer/Monitor can complete the re -certification in a timelier manor. The participant is given 30 days notice prior to the re-certif ication date. The interviewer will conduct a face to face interview with the participant, have them fill out E: the Participant's Confidential Income Statement and attach supporting documentation, make sure that the participant has the required (INS) Form I-9 in their participant file, and complete the MIS generated re -certification form and place in the participants file. If the participant's income is above the 125 percent poverty level, the Project Director will give the participant written notice of termination from the SCSEP project and proceed to terminate within thirty days from the date of the notice. A copy will be sent to the NCOA Program Operations Manager. Physical Assessments Physical Assessments are offered to the applicant upon initial enrollment, re -enrollment and again offered annually to the participant upon re -certification. The participant is given the opportunity for the physical assessment at the time of initial enrollment with the option to waive the physical assessment due to the fact that they are already under the care of their own physician. The participants are reassured that the physical assessment is a fringe benefit utilized to help participants uncover health problems that would otherwise go undetected without the physical assessment. At the interview participants cannot be asked about disabilities or limitations. Only after the participant has been determined eligible and offered a position within the program can issues of health be discussed for the sole reason of finding a training site suitable for their needs. Orientation The Project Director and/or Job Developer/Monitor for which the participant is compensated conduct orientation for the participant within working hours. The orientation 6 should provide the participant with necessary information about their responsibilities while training in the assigned training site. The participant handbook outlines and explains the full scope and goals of the program. Orientation consists of the following for the participant as well as the training site: • General Information - History and structure of the NCOA and its relationship to the Department of Labor, the goals of SCSEP project, SCSEP policies and procedures and grievance procedures. • Working Hours and Wages - hours of work, pay periods and time card preparation, 1300 hour limitation, leave with out pay, vacation and sick leave, volunteer hours. • Fringe Benefits - Workers Compensation and training • Written Materials Provided - Enrollment Agreement, Training Assignment Description, Personnel Policies/Grievance Procedures, Prohibited political activities, and handbook. • Training site responsibilities - unsubsidized placement and job search assistance, training and advancement opportunities, workplace health and safety, liability insurance, transportation nondiscriminatory treatment, supportive services, nepotism, maintenance of effort SCSEP meetings. • Enrollment Responsibilities - enrollment agreement, job search, individual development plan, training site transfers re -certification and annual physical, training seminars and SCSEP meetings work standards, safe work practices political/religious activities, drug and alcohol policy and annual physical. 10 The participant and the training site must sign the orientation checklist that includes information as indicated above. A follow up orientation is conducted after the first quarter is completed with the participant providing more information regarding the SCSEP program, explanation of the relationship of the SCSEP program and how it relates to the NCOA and the Department of Labor, and answer any questions the participant may have that have come up after the first quarter of training. Participant bevelopment The Project Director and/or the Job Developer/Monitor within three months will sit down with the participant and will discuss their skills, what types of work the participant is interested in and the knowledge and skills necessary obtain the type of job they want to acquire. The Assessment forms may also be filled out at the time of the initial enrollment. Assessment is a continual responsibility of SCSEP and will be updated on an annual basis, however updates can be conducted on a monthly or quarterly basis. The completed assessment forms are filed in the participant file. The assessment process is the beginning of the development of the Individual Development Plan that is used to outline the steps a participant must take in order to achieve their employment goals. The Individual Development Plan (IDP) like the assessment is developed with the participant within two months of enrollment. The IDP is a joint effort between the SCSEP program, the participant and the training site to help the participant to obtain skills necessary to find unsubsidized employment. An IDP form is completed by the interviewer and the participant specifying what the participant needs, the resources they need, a time 11 frame of meeting the activity and a time frame to be reviewed by the SCSEP office. The IDP outlines a goal for the participant to achieve with a date of completion and whether or not assistance will be needed from the SCSEP office to obtain this goal. The participant and the interviewer then sign the IDP form with a copy given to the participant and the original filed in the participant's file. SCSEP staff would decide whether the supervisor is to be notified. The Individual Development Plan will be reviewed at least twice a year reviewing the participants advancement towards achieving their goals, whether or not they are ready for unsubsidized placement, and if the IDP needs to be updated due to changes incurred at their training site. While developing the IDP it may be found that the participant is in need of training as well as work experience. There is free computer training available through WIA training sites. The participant would split their hours to accommodate training and work experience at the some time, not to exceed the 1300-hour guideline. The SCSEP program already has a large pool of training sites, but is always open to new training sites. Special training will be looked into there is no special training available at this time. Subsidized Training and Work Experience During the initial enrollment, orientation and assessment the Project Director and/or the Job Developer/Monitor are developing an idea of what available training sites would meet the needs of the participant. Once discussed with the participant, an interview is set up between the participant and the supervisor of the training site. The Project Director and/or Job Developer/Monitor contacts the training site supervisor to see how the 12 interview went. A successful interview would begin preparation of the necessary documents to place the participant at the training site. A physical would be set up unless waived by the participant, once complete the participant reports to the training site to begin orientation of the training site. An interview involving indications by the participant that the training site might not have been a good match would have resulted in locating a different training site for the participant. Within the first two months of the participant receiving training, the Project Director and/or Job Developer/Monitor, after coordinating with the training site supervisor and participant, would begin developing the Individual Development Plan. Once the IDP is completed and the participant and interviewer have signed the original is placed into the participant file, a copy is given to the participant and based upon the situation the supervisor may or may not review the IDP. The Individual Development Plan is then reviewed and updated at least twice a year. The training sites develop the training/work experience descriptions. They generally remain the same and are updated as deemed necessary. The work schedule is set up between the training site and participant. The Project Director and /or the Job Developer/Monitor evaluates the training site making sure that the site is complying with the maintenance of agreement. At least once a year a Participant Evaluation and Supervisor Evaluation is completed for every participant. The Project Director and/or the Job Developer visits each participant and gives them and their supervisor the evaluation forms to complete. The forms are collected and reviewed by the Project Director and placed in the participant's file. The participant evaluation along with a comparison of the Individual Development Plan is used 13 to see if the training site is meeting the needs of the participant. At which time the Project Director and/or Job Developer/Monitor identifies whether or not the participant can increase their ability to gain unsubsidized placement by transferring to another training site to increase their skills. Once the transfer is deemed in the best interest of the participant, a transfer is implemented by notifying the participant in writing thirty days prior to the transfer. Training Site Development and Monitoring The types of training sites utilized by the SCSEP program are Federal, State and local public agencies as well as non-profit organizations. The non-profit organizations must be recognized by the Internal Revenue Service as meeting the requirements of 501©(3) of the Internal Revenue Code of 1986 that exempts the organization from taxation. They can not be a political party and do not occupy a facility that is used for sectarian religious worship. The training site must comply with the Maintenance of Effort Requirements of the SCSEP program under the Department of Labor. They cannot displace current employees and/or employ a participant in the place of an employee that is currently on lay- off. The training site must sign the Training Assignment Description stating that the position is new or expanded and is not in violation of the Maintenance of Effort Agreement. Training site monitoring is conducted quarterly by the Project Director and/or the Job Developer/Monitor. The monitor shall look at the participant's current duties in comparison to the training assignment description. Determine whether or not proper supervision is being conducted. Review the progress that has been made in relation 14 to the IDP. Review the training received and identify any additional training needs, review participant safety, see if the participant is in need of supportive services, identify any new issues or concerns that the supervisor or participant may have since the last monitoring visit. Special Training Initiatives Training Prior to Subsidized Placement There is computer and inter -net access training at no cost to the SCSEP program given by the local WIA On -stop Center. Training and Education After Subsidized Placement Of course the computer and inter -net access training will be available anytime the participant indicates interest in the training. Participant/Supervisor meetings will be conducted on an annual basis that will incorporate training time as well as time for supervisors and participants to discuss related topics. The Monroe County Personnel Department has various training videos available for viewing and discussion. As does the Monroe County Safety Department. The quarterly monitoring visits will bring to light what areas of training that the participants are interested in receiving. Supportive Services The SCSEP program shall be sensitive to the needs of the participants whether it be the Project Director and/or the Job Developer/Monitor. The participant may need counseling for the training site assignment and finding adequate unsubsidized employment. There may be health issues the participant is concerned with, income matters, medicaid or 15 medicare. The participant may be in need of clothing, hygiene products, eyeglasses that can be taken care of through agencies within Monroe County. The participants may express need for these items by calling the SCSEP office, indicating to staff on training site visits or supervisor contacting the SCSEP office with concerns about the participant. Agencies that could assist in situations of need are Monroe County Welfare Program, Salvation Army, Lion's Eye Clinic, social service agencies, etc. Once aware of the needs of the participant and the needs have been taken care of the SCSEP staff will initiate a follow up visit or call to see how the participant is getting along. All supportive services will be noted in the participant's file. At the time of re -certification if a participant is deemed ineligible based on their income being above the 125 percent poverty level, the participant will be given written notice of termination and will be terminated 30 days from the date of notice. SCSEP staff shall refer the participant to Job Services of Florida and do whatever possible to help the participant find suitable employment. If an applicant was deemed ineligible due to income SCSEP staff would refer the applicant to Job Services of Florida, Vocational Rehabilitation, One Stop Shops and other agencies that could assist the applicants other needs. Participant Transportation The SCSEP program nor training site does not provide transportation. There is paratransit transportation available through Monroe County Transportation for all of Monroe County at a cost of $.50 per trip. The city of Key West has a fixed route system s1 available for approximately $.75 per trip. The middle and upper keys do not have a fixed route system available to participants, other than Monroe County Transportation participants must rely upon taxi's, personal car, or shared rides. The only time the SCSEP project would provide transportation is when annual training sessions are occurring. The SCSEP program office provides travel reimbursement for administrative staff only for the purpose of monitoring worksites, monitoring the progress of participants, attending training session and when the Project Director deems travel necessary. The reimbursement cost is $.29 cent to the mile. Monroe County Risk Management provides liability insurance. Unsubsidized Employment Placement and Follow -Up The process of evaluating, assessing, monitoring and development of the IDP aides in assisting the SCSEP staff and the participant in deciding when the participant is ready to find unsubsidized employment. The SCSEP Project Director and/or Job Developer/Monitor are constantly looking for possible job opportunities for the participants. Valuable resources are the present training sites the participant occupies, Monroe County job postings, the classif ieds from local newspapers, registration with the Job Services of Florida, TV job line and other sources. After the participant is placed into unsubsidized employment the Project Director and/or Job Developer/Monitor shall contact the participant to see how things are going, see if there are any potential problems that can be resolved. Speak with the participant's supervisor identify whether or not the participant and supervisor are satisfied with the placement. Offer counseling 17 to avoid the participant leaving the job or being fired. The Project Director and/or Job Developer/Monitor will contact the participant at least once a month for approximately three months to maintain contact and check the progress the participant is making. SCSEP Participant Guidelines/Handbook, Including Due Process for Adverse Action The average participant hourly rate is $5.15 per hour. Required participant fringe benefits include physical assessments and workers compensation. The average cost of a physical assessment is $32.50 per participant. The rate of workers compensation as noted in Exhibit A is as follows: Code Position Salary Rate Number of Cost Positions 8742 Job Developer $ 7,280 1.10 1 $ 67.27 8810 Clerical $ 5,356 0.59 13 $ 345.08 8810 Library Clerk $ 5,356 0.59 3 $ 79.63 8742 Program Aide $ 5,356 1.10 3 $ 148.47 8742 Nutrition Aide $ 5,356 1.10 2 $ 98.98 8742 Teacher's Aide $ 5,356 1.10 2 $ 98.98 Total Participant Workers Compensation Charge $ 838.40 9410 SCSEP Director $ 44,075 16.66 1 $ 6,168.08 Figures Provided by Employee Benefits Section. Workers Compensation: The rate times each hundred dollars of salary minus 84% of the total times the number of positions. Allowable Fringe Benefits include paid annual leave, paid sick leave, and paid holidays. These allowable benefits are paid to the participant as needed at $5.15 per hour. All above information is provided to the participant in the SCSEP Participant Handbook. Training Site Supervisory judgment plays an important role in disciplinary action for a iE3 participant. As outlined in the SCSEP Participant Handbook, disciplinary action can be handled in one of four ways. The first is verbal warning by the training site supervisor. The training site supervisor verbally warns the participant of the offense and notifies the SCSEP Program Director in writing. A reprimand is issued by the trainee's supervisor in writing signed off by the SCSEP Program Director in concurrence with the training site supervisor. The trainee a copy given to them and a copy placed in the participant's file signs the reprimand. Two reprimands received by the participant within a twelve-month period places the participant on probation. A third reprimand within a twelve-month period is cause for termination. Reprimands remain in effect for twelve months at which time the reprimand is destroyed. Participants may appeal the reprimands to the Executive Director of Social Services unless three instances occur at which time the participant must follow the grievance procedure. The training site supervisor may initiate Disciplinary Probation with the approval of the SCSEP Program Director's approval. The probation must be in writing outlining the reason for the participant being placed on probation, and actions that must be met in order to be removed from probation. The participant shall sign, be given a copy and a copy retained in the participant's file. Probation can not exceed ninety days. The participant must be informed in writing after ninety days have expired that probation has been removed. Any two probations within a twelve-month period or any three probation's within a twenty-four month period can result in termination of the participant from the program. Any record of probation remains in the participant's file for twenty-four months after which it is destroyed. The participant may appeal to the 19 Executive Director of Social Services when a termination results. The SCSEP Project Director may terminate for misconduct as a disciplinary measure with authorization from NCOA. The participant may follow the procedures outlined in the Grievance Policy in the SCSEP Handbook. The Grievance Procedure is outlined in the SCSEP Participant Handbook, which is given to the participant upon enrolling into the SCSEP program the participant is encouraged to read the policy and ask question if necessary. Political Activities is also outlined in the Participant Handbook and discussed at the time of enrollment. Interagency Cooperation and Coordination Throughout Monroe County there are various agencies available for training centers. Within the next program year the Project Director will develop working relationships with these agencies. There is One Stop Centers located throughout the Lower, Middle and Upper keys, including such agencies as Vocational Rehabilitation, Job Services of Florida, Blind Services, Florida Keys Employment and Training Centers. The SCSEP Program plans to develop relationships with Florida Keys Community College and the Adult Education program provided through the Monroe County School Board. To assist with other needs of the older Americans relationships will be established by the Project Director with agencies like the Lyons Eye Clinic, Easter Seals Society, Children and Families, and the Social Security Office. 001 One Stop Career Center System As indicated above the Project Director will develop new relationships with the Florida Keys Employment and Training Centers throughout Monroe County. The Project Director plans to personally visit each location to get a better understanding of what services are available to the older Americans and the procedures that need to be followed to get the participants involved. Program Reporting The Project Director will handle the inputting of participant information, changes, transfers and termination's. She will also maintains any and all necessary NCOA forms such as Participant Data Forms, Termination Forms, Training Site/Employer Forms, listings of current participants and unsubsidized placements. The Project Director is responsible for the Quarterly Narrative Report composition and submittal to NCOA. The Project Director will review all information prior transmittal to the NCOA. 21 Nffti d C—d en tM Aylp. X.. � Senior Gwnnwity Svrvka E UPI-1 v ►rollrous "--. Year 2002-2003 EXHIBIT C: Administrative and Operational Offices Page _ of SUBGRANT AGREEMENT Administrative and Operational Offices * Monroe County Boar of County Commissioners SUBGRANTEE C/O Monroe County SCSEP Social Services 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 SUBGRANT PERIOD July 1, 2002 - June 30, 2003 SUBSPONSOR ID # "AD-12521-02-55-12 LOCATION TYPE OF OFFICE (Include complete name and address) (CHECK ALL THAT APPLY) Monroe County SCSEP Social Services [ X ] Administrative 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 [ X ] Operations [ ] Subcontractor Monroe County Social Services [ X ] Administrative 490 631d Street, Ocean Marathon, Florida 33050 [ X ] Operations [ ] Subcontractor Monroe County Social Services [ X ] Administrative 88820 Overseas Highway, Annex Tavernier, Florida 33070 [ X ] Operations [ ] Subcontractor I []A ive [ ] Operations [] u or * Do not include community -based training sites that ONLY host work experience participants or serve as training sites for Section 502e activities. NCOA: 2002 Subgrant Agreement 02-21-02 25 of 26 a The National Council on the Aging, Inc. / Senior Community Service Employment Program BUDGET SUMMARY SUBSPONSOR NAME: Monroe County Board of County Commissioners c/o Monroe County SCSEP Social Services CITY AND STATE: Key West, Florida 33040 BUDGET PERIOD: July 1, 2002 THROUGH June 30, 2003 SUBGRANT NUMBER: AD-12521-02-55-.12 ALL DOLLAR FIGURES ON THIS FORM MUST BE ROUNDED TO THE NEAREST HUNDRED DOLLARS (A) Federal 502e Costs (B) Federal Title V Costs (C) Total Federal Costs (A+B) (D) Non -Federal Costs (E) Total Costs (C+D) ENROLLEE WAGES/FRINGES (EWF) 1) Participant Wages $0 $117,600 $117,600 $0 $117,600 2) Participant Fringe Benefits $0 $10,800 $10,800 $0 $10,800 3) TOTAL EWF ( 80.15%) $0 $128,400 $128,400 $0 $128,400 OTHER ENROLLEE COSTS(OEC) s� 2 $ # � 4) Staff Salaries/Fringes $0 $28,700 $28,700 $19,200 $47,900 5) Participant Training $0 $200 $200 $0 $200 6) Participant Development $0 $0 $0 $0 $0 7) Participant Transportation $0 $500 $500 $300 $800 8) Miscellaneous $0 $2,400 1 $2,400 $3,800 $6,200 9) TOTAL OEC ( 19.85%) $0 $31,800 $31,800 $23,300 $55,100 ADMINISTRATIVE COSTS (ADM) }D j 10) Staff Salaries/Fringes $0 $0 $0 $0 $0 11) Indirect Costs $0 $0 $0 $0 $0 12) Other $0 $0 $0 $0 $0 13) TOTAL ADM ( 0.00%) $0 $0 $0 $0.$0 14) GRAND TOTAL $0 $0 $160,200 $23,300 $183,500 FOR 502(E) ONLY: 502 funds from REGULAR Title V Allocation $0 502 funds in ADDITION TO REGULAR Title V Allocation $0 TOTAL 502 Allocation (must agree with Column A, Line 14) $0 m p 3 CD CD r- -n � _. m m 'o fD TZ m 3 cn b• Ncn c7 I < o v D v 73 m rn C)N CDT fA w Z7 o wM. n •�' U) C N X X (D Q �• N N 0• 0 O O O -. 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The Subgrantee's Chief Executive Officer must sign this document (and any photocopies) on the reverse. SUBGRANTEE: Monroe County Board of County Commissioners c/o Monroe County SCSEP Social Services 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 SUBGRANT PERIOD: July 1, 2002 — June 30, 2003 AUTHORIZED SIGNATURES FOR SCSEP DOCUMENTS AUTHORIZED TO SIGN THESE DOCUMENTS (Circle YES or NO for Each Type) (i) Subgrant Agreements NO Charles "So " McCoy, Mayor Subgrant Modification Automatic Deposit Authorization Y NO NO Typed Name and Title Advance Funds Request E Monthly Financial Report (MFR) 6O . Zoo ri ( Closeout Closeout Documents ES Program Reports/Data Forms YES V Signature and Date (2) Subgrant Agreements YES James L. Roberts, County Administrator Subgrant Modification Automatic Deposit Authorization YE N Typed Name and Title Advance Funds Request S Monthly Financial Report (MFR) N Signature and Date Closeout Documents YES Program Reports/Data Forms N O (3) Subgrant Agreements YES James Malloch, Division DirectorAommunity Services Subgrant Modification YES Automatic Deposit Authorization O Typed e and i le �� ©Z Advance Funds Request Monthly Financial Report (MFR) YE p NQ :3 Closeout Documents Program Reports/Data Forms YES NO Signature Date (4) Subgrant Agreements YES O Louis LaTorre, Director Social Services Subgrant Modification YES Automatic Deposit Authorization YES T ame and Title Advance Funds Request Monthly Financial Report (MFR YE Closeout Documents Program Reports/Data Forms YES NO Signature and Date (5) Dianne Russell, Senior Administrator, SCSEP Subgrant Agreements YES Subgrant Modification YES Automatic Deposit Authorization YES O Typed Name and Title I Q Advance Funds Request S Monthly Financial Report (MFR) Closeout Documents Program Reports/Data Forms YES NO Signature and Date NCOA: 2002 Verification of Signatures: 03-14-02 Page 1 of 2 (6 Subgrant Agreements YES O Subgrant Modification YES Automatic Deposit Authorization S NO NO Typed Name and Title Advance Funds Request YES NO Monthly Financial Repo FR) YES NO Closeout Documen YES Program Repo ata Forms YES NO NO Signature and Date (�) greements YES NO Modification YES Deposit Authorization YES NO NO Typed Name d Title ZAutomatic unds Request YES NO inancial Report (MFR) YES NO ocuments YES Forms YES NO NO Signature and Dateeports/Data (8) Subgrant Agreements YES NO Subgrant Modification YES Automatic Deposit Authorization YES NO NO Typed Name an ltle Advance Funds Request YES NO Monthly Financial Report (MFR) YES NO out Documents YES Progra eports/Data Forms YES NO NO >Sirnature and Date (9) Subgrant Agreem s YES NO Subgrant Modification YES Automatic Deposit Authon 'on YES NO NO Typed Name and Title Advance Funds Request YES NO Monthly Financial Report (MFR) NO Closeout Documents YES NO Signature and Date Program Reports/Data Forms YES I have examined this document and certify that it is correct and complete. It is understood that it is the responsibility of the subgrantee to provide The National Council on the Aging, Inc. with written notification of changes in any of the above references information within 15 days. Signature of Subgrantee Executive Officer Date NCOA: 2002 Verification of Signatures: 03-14-02 Page 2 of 2 V) cr � �- ft _� CD fb y CD CD W CD CDa D a t C o o CD CD CD o� CD El .CDCD CD 0. o N CD 0 oCD `� o � a CD CD a � N ° Ej z CD W CD b CD o CD CD Ln a 0 CDa C a CDC n �'" 14 N. C O n rn O C - c L40 .�- O CD _ =1 CD 0 O a O O !D cn O a� a�� a�� a�� alb aeD lb b0 b0 0 � b zo 0 CD CD CD CD CD CD Cal Ln a a cCD a CD CD (D CD CD CD y � o 4 p ''d � O O UOQ < • CD eD O CD CD CD o tro o CD .b CD �• COD 'Ly '.03 CD O CD C� n 0 rA Z CD ��-{{ 0 n n • Q `C e-i• r� N r. �' r CD ^ �'• CD O A) n CD Z) aQ A ro �' �• r ram- �• CD "g CD CL CD CD CD 0 .� CD CD cr 0' O CD Q CD .� � CD y a�b yob .� s. p s. .� 0 s. eD CD CD m m CD 04 bCD 0 0 0 e0 �d bd bd o� CD CD CD C9 ML N CD >rN CD S �o P0. 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MONROE COUNTY PERSONNEL POLICIES AND PROCEDURES MANUAL REVISED 08/11/99 Table of Contents PREAMBLE 1 Mission Statement Organizational Values Introduction 3 General Policies — Section 1 8 Employment Policies — Section 2 13 Classification Plan — Section 3 25 Pay Plan — Section 4 28 Hours of Work — Section 5 33 Holidays - Section 6 36 Leave with Pay — Section 7 38 Leave of Absence — Section 8 44 Standards of Employment, Disciplinary Action, and Appeals — Section 9 56 Employee Complaint/Grievance Procedure — Section 10 64 Separations — Section 11 66 Soliciting - Section 12 68 Employee Performance Evaluations — Section 13 69 Employee Insurance Coverage — Section 14 71 Travel — Section 15 76 Appearance — Section 16 77 Violence in the Workplace — Section 17 78 Index 80 PREAMBLE ADMINISTRATION CODE OF ETHICS An employee in the public service must always demonstrate the highest standards of personal integrity, truthfulness, honesty and fortitude in all public activities in order to inspire public confidence and trust in public institutions. Perceptions of others are critical to the reputation of an individual or a public agency. Nothing is more important to public administrators than the public's opinion about their honesty, truthfulness and personal integrity. It overshadows competence as the premier value sought by citizens in their public officials and employees. Any individual or collective compromise with respect to these character traits can damage the ability of an agency to perform its tasks or accomplish its mission. The reputation of the administrator may be tarnished. Effectiveness may be impaired. A career or careers may be destroyed. The best insurance against loss of public confidence is adherence to the highest standards of integrity, honesty, truthfulness and fortitude. Public administrators are obliged to develop civic virtues because of the public responsibilities they have sought and obtained. Respect for the truth, for fairly dealing with others, for sensitivity to rights and responsibilities of citizens, and for the public good must be generated and carefully nurtured and matured. If one is responsible for the performance of others, the reasons for the importance of integrity must be shared with them. They must be held to high ethical standards and taught the moral as well as the financial responsibility for the public funds under their care. If one is responsible only for his or her performance, then he or she must not compromise honesty and integrity for advancement, honors, or personal gain. We must strive to be discreet, respectful of proper authority and our appointed or elected superiors, and sensitive to the expectations and the values of the public we serve. We must practice the Golden Rule: doing to and for others what we would have done to and for us in similar circumstances. One should be modest about his or her talents, letting the work speak for itself and be generous in their praises of the good work of our peers and associates. We must be ever mindful to guard the Public Purse as if it were our own. No matter whether an official or an employee, by our own example, we should give testimony to our regard for the rights of others, acknowledging their legitimate responsibilities and not trespassing upon them. We must concede gracefully, quickly and publicly when we have erred and be fair and sensitive to those who have not fared well in their dealings with our agencies and their applications of the law, regulations, or administrative procedures. Human Resources Page 1 The only gains one should seek from public employment are salaries, fringe benefits, respect and recognition for work. One's personal gains may also include the infinite pleasure of doing a good job, helping the public, and achieving career goals. No elected or appointed public servant should borrow or accept gifts from the staff or any corporation which buys services from, or sells to, or is regulated by his or her governmental agency. If one's work brings him or her in frequent contact with firms supplying the government, her or she must be sure to pay his or her own expenses. Public property, funds and power should never be directed toward personal or political gain. We must make it clear by our own actions that we will not tolerate any use of public funds to benefit one's self, family or friends. And finally, we must serve the public with respect, concern, courtesy and responsiveness, recognizing that service to the public is beyond service to oneself. END Human Resources Page 2 Mission Statement Of Monroe County Government Being able to provide services that enhance and promote public safety, the well being and prosperity of our citizens requires government's commitment to quality service. As such, we have agreed upon the following as our Mission Statement: • To deliver quality public services in an efficient, professional, and timely manner. • To protect and preserve the county's physical, environmental and aesthetic assets. • To provide for efficient management and equitable allocation of all fiscal resources. • To function as a catalyst for the involvement of residents businesses, and organizations in the development and maintenance of a well -integrated community. • To identify and anticipate citizen's concerns, problems and opportunities and take actions to address and resolve them. • To develop and maintain infrastructure and utilities enhancing transportation, commerce, communication, recreation and the physical well-being of the people. • To help support the growth and development of individuals, families and groups. To contribute to the economic development and prosperity of our citizens and promote a well -planned, attractive and vital community. • To select, train, motivate and retain highly qualified dedicated men and women as County employees. The above Monroe County Mission Statement reflects the underlying premise of County government. It reflects the contribution that the organization makes to society in Terms of public service, programs and activities. It is based on values, tradition and legal mandates. This document to be placed in the front of the Personnei Policies and Procedure Manual directly after the Preamble. Organizational Values Of Monroe County Government Employees The quality of life and environment in Monroe County, Florida depends upon a partnership among citizens, elected officials and county employees. Each one of us is the county. Each one of us is striving for success. We are what makes a difference between a good organization and an outstanding one. As such, we have agreed upon the following as our organizational values: We value oven accessible government. A government cannot be dishonest if its actions are taken openly, and honest government is our first -responsibility. Openness encourages competence because its subjects our actions to public scrutiny. We value fiscal responsibility. Careful management of our financial resources demonstrates our respect for the citizens whose taxes support our organization. Fiscal responsibility recognizes that most problems cannot be solved by money alone, and therefore demands fresh approaches and creativity in addressing issues. We value a spirit of profession,= We believe that successful completion of the task is more important than who gets the credit. A professional attitude dictates a dispassionate analysis of issues, free of personal biases and with a commitment to the organization and the county. We value a humane organization. We believe that our work should be a source of enjoyment and satisfaction. We place great emphasis upon personal qualities that contribute to that environment; informality, humility, energy, independence of thought, a ready sense of humor and a caring attitude. We value organization self-sufficiency. To insure the continuity of County services and programs, and to foster innovation in the development of those services and programs, we encourage the use of local resources to meet local needs. We are proud of the Florida Keys, Monroe County, And the citizens we serve. This Document to be placed in the Personnel Policies and Procedures Manual directly after the Mission Statement INTRODUCTION INTENT It shall be the intent of the Board of County Commissioners and other grants, agencies or elected officials who so request to adopt these policies and procedures that: A. The employees of Monroe County be productive persons who perform useful County functions. B. There shall be no employees on the County payroll for whom there is no employment need. C. All officials and employees shall comply with and assist in carrying out the personnel program. D. All appointments to the County Service are to be made in accordance with the rules, regulations and procedures established and adopted by the Board of County Commissioners. E. These Policies and Procedures generally cover the information concerning the policies, regulations and benefits for the employees of Monroe County. These Policies and Procedures and the representations made in them do not constitute any form of employment contract or guarantee. If an employee seeks information which is not covered in these Policies and Procedures, or if an employee wishes clarification of any policy or procedure, he or she should check with his or her Supervisor and/or Department Head. The County, of course, may change its Policies and Procedures with regard to matters covered herein and such changes may not be reflected in these Policies and Procedures at the time the employee reads them. Existing policy as determined from time to time by the County Administrator or the Board of County Commissioners shall supersede any written information previously distributed to employees. F. In accordance with Ordinance #038-1988, the Board of County Commissioners established a Personnel Policies and Procedures Review Board whereby any employee may submit proposed changes to the Monroe County Personnel Policies and Procedures to the Personnel Section at any time. Proposed changes will be discussed by the Review Board and recommendations will be made to the County Administrator who will review said recommendations for his approval. If there are any recommendations that do not meet with the approval of the Administrator, those changes will again be reconsidered by the Review Board. If approved, said changes will be presented to the Board of Commissioners for a final decision. If there are one or more proposed changes on which the Review Board and the Administrator cannot agree, the final decision will be made by the Board of Commissioners. These changes will be adopted by resolution. Forms for proposed changes may be obtained in the Personnel office. SCOPE For the purpose of expediency, these policies may refer to either the male or female gender, or both with no intent to discriminate. All policies apply to both genders. Human Resources Page 3 The personnel policies, regulations and procedures as adopted shall apply to all personnel in the County Service falling under the jurisdiction of the Board of County Commissioners and any other agency grant, board or department which so requests. Any action which these procedures authorize to be taken at a particular level of authorization may be initiated or taken by anyone in a position of higher authority, within the chain of command. THE COUNTY SERVICE The County Service shall consist of all existing positions and any positions hereinafter created in the County with the following exemptions: A. The Board of County Commissioners and any positions which are exempt under Chapter 69-1321, Section 3, Laws of Florida. B. Other elected officials. C. Members of Boards, Committees and Commissions Unless they are also County employees. D. Persons employed in a professional capacity on a contractual, fee or retainer basis or hired to perform specific services, as defined herein, including but not limited to investigations or inquiries on behalf of the County Commissioners, or a committee thereof, or other elected officials. E. Volunteers. PERSONNEL SECTION It is the responsibility of the County Administrator to render service to the County government in the fields of personnel management and employee relations, and to ensure uniform, fair and efficient personnel administration. In this regard, the County Administrator shall establish and oversee the administration of a Human Resources Department, through the Division of Management Services. In addition to the duties imposed by personnel policies and regulations, it is the responsibility of the County Administrator, through the Personnel Section, to: A. Apply and carry out personnel policies and regulations as adopted by the Board of County Commissioners. B. Foster and develop programs for the improvement of employee effectiveness and morale. C. Conduct evaluations and studies to determine the effectiveness of the personnel program, and periodically submit a report of findings and recommendations to the Board of County Commissioners. D. Ensure that all personnel have been employed in accordance with the provisions of personnel policies and procedures. E. Maintain a classification plan for all employees in the County Service. Human Resources Page 4 F. Maintain a pay plan for all employees in the County Service. G. Develop and administer tests and examinations as deemed necessary to determine the fitness and abilities of applicants for jobs in the County Service, and promotional opportunities. H. Prepare, or have prepared, and submit to the Board of County Commissioners, corrected, revised, or additional personnel policies and procedures for their approval. 1. Perform any other lawful acts considered necessary to carry out the purpose and provisions of the personnel policies and procedures. J. Perform interviewing, background investigations and otherwise pre -qualifying candidates for County employment. K. Prepare any County Affirmative Action Plan. L. Recruit qualified applicants to fill departmental vacancies. M. Perform induction of all newly -hired personnel including completion of required personnel and payroll forms, arranging physical examinations and providing employee orientation. N. Provide staff support to the Board of County Commissioners in regard to personnel matters. O. Administer B.O.C.C. adopted drug and alcohol programs. RECORDS OF PERSONNEL SECTION The efficient administration of the County's Personnel Section depends on accurate information about the County and each of its employees. In order to keep personnel records up to date, employees must notify their Supervisor and the Personnel Section immediately of any change of name, address, telephone number, whom to contact in case of emergency, insurance beneficiaries, dependents eligible for family coverage of insurance, information for income tax withholding, driving status and other similar information. The County respects the privacy of its employees' rights and, in this regard, will keep all information in its personnel files confidential -- to the extent permitted under Florida law. All requests from sources outside the County for personnel information concerning applicants for employment, current employees, and former employees shall be directed to the Human Resources Department. The Human Resources Department will release information to outsiders in accordance with Florida Statute 119. RISK MANAGEMENT - SAFETY/LOSS CONTROL SECTION A. RISK MANAGEMENT It is the responsibility of the County Administrator to protect the County from financial loss due to public liability exposures and/or property damage. This Human Resources Page 5 may be accomplished by either the utilization of fully insured or self -insured programs or policy contracts. as approved by the Board of County Commissioners. The Human Resources Department, Risk Management Section will maintain all insurance policies, property schedules, etc., and will properly distribute all insurance premiums to the budgetary units. The County Administrator will institute recognized risk management techniques, with the cooperation of all Division and Department Heads, the County Attorney's office, and Constitutional Officers (where applicable), to further identify potential exposures, recommending to the County Commission the best course of action to properly protect the interests of Monroe County. INSURANCE A. EMPLOYEE BENEFITS SECTION (Group Insurance and Workers Compensation) The Countv Administrator will oversee all employee benefit programs, including, but not limited to Life Insurance and Health Insurance for Board employees, as well as Constitutional Officer employees (if participated in by those entities). All enrollment records, claim files and the proper distribution of expenses will be assigned to the Human Resources Department, Employee Benefits Section, with final approval of program types and levels of benefits remaining with the Board of County Commissioners. B. SELF -FUNDED PROGRAMS Where the Board of County Commissioners has determined that the use of a self -funded program is in its best interest, it will be the County Administrator's responsibility to oversee the Administration of said programs. C. MONROE COUNTY ACCIDENT REVIEW BOARD In accordance with the Florida Administrative Code, Monroe County Safety Policies and Procedures, and County Administrator Instructions, the Monroe County Safety/Accident Board functions to prevent accidents through review of accident/incidents reported to the Human Resource Department, and recommends safety -related policies and procedures to the County Safety Office. This Board also serves as the Safety Advisory Committee, and functions under the guidelines as set down in the Administrative Instructions for the function and by-laws of the committee D. ADMINISTRATIVE INSTRUCTION SYSTEM The County Administrator will establish a standardized administrative instruction system for initiating, preparing, controlling, monitoring and promulgating all Monroe County Administrative Policies and Procedures by way of rules and guidelines, which clarify those adopted Monroe County Administrative Policies and Procedures. These Administrative Instructions shall only be further detailing, by instructions or rules, of those Policies and Procedures provided in this manual, where, for ministerial purposes, policy clarifications are particularly applicable. Where conflict may occur, the Board of County Commissioners reserves the authority of final determination as to Human Resources Page 6 ministerial function. This system will be structured according to Monroe County Administration Instruction 1000, issued February 2, 1989, but may be deleted, changed, revised or altered at any time by the County Administrator. Reference to these Administrative Instructions will be made throughout these policies. All employees will be responsible for being familiar with and complying with these instructions. Division and Department Heads will be responsible for appropriate dissemination of these instructions. All references to Administrative Instruction should be construed to mean most current revision. Suffix numbers change with revisions. Human Resources Page 7 GENERAL POLICIES SECTION 1 1.01 CAREER SERVICE A. DEFINITION In accordance with Chapter 69-1321 Laws of Florida, as amended, employees designated in this Act, having at least one (1) year of continuous satisfactory service, shall be considered career service employees, except as set forth in these policies and procedures. B. APPLICATION FOR CAREER SERVICE Approximately one month prior to the employee's anniversary date, except as provided for in Section 2.04 herein, the Personnel Section will provide the Department Head with a form which will be used to evaluate the employee in accordance with these policies and procedures. The evaluation form will be returned to the Personnel Section and placed in the employee's personnel record. (See Section 2.04.) If a positive recommendation is made to retain the employee by the appropriate Department/Division Director and approved by the County Administrator, the employee will be eligible for Career Service upon completion of one (1) year of continuous, satisfactory, full-time employment. Temporary employees who transfer to or are hired in a regular County position must serve a 12-month probationary period in the County position before being eligible for Career Service. C. CONTRACT EMPLOYEE The County Commission may waive, at its option, the necessity for the probationary service of a contract employee prior to his employment by the County into a regular position under the Career Service rules. In no event, however, may the County waive such probationary requirement unless the affected employee has served at least one (1) year in the capacity for which the probation has been waived. 1.02 POLITICAL ACTIVITY A. No employee shall use any promise, reward or threat to encourage or coerce any person to support or contribute to any political issue, candidate or party. B. No employee shall use his official authority as an employee to influence or attempt to influence, coerce or attempt to coerce a political body or to in any way interfere with any nomination or election of any person to any public office. C. Nothing will prohibit any employee from expressing his opinion on any candidate, on issues, or from participating in any political campaign during his off -duty hours. Human Resources Page 8 D. Nothing herein contained shall affect the right of the employees to hold membership in, and support, a political party, to vote as they choose, to express opinions on all political subjects and candidates, to maintain political neutrality, and to attend political meetings during off -duty hours. E. Employees shall at all times comply with all provisions of Section 104.31, Florida Statutes, which is generally stated in part in 1.02 (A) & (B) above, any may be amended from time to time. 1.03 OUTSIDE EMPLOYMENT A. Full-time employees are not restricted from engaging in other employment during their off -duty hours. However, County employment must be considered the primary employment and no employee may engage in outside employment which would interfere with their fulfillment of duties during County work hours, the interest of the County, or the availability of employees for emergency or call -in duty, or engage in work outside the County Service which results in a work product that would be reviewed by any employee in their respective department. B. Employees shall not be instructed or allowed to perform work for private individuals or other governmental agencies as part of his/her County employment except in those instances where such work is part of contract arrangements entered into by the Board of County Commissioners with such private individuals or government agencies, or in those cases where under prior Board of County Commission policy, the employee is to give service in an emergency situation. 1.04 USE OF COUNTY PROPERTY, PROCEDURES OR FACILITIES Equipment, facilities, vehicles, property, or any resource or procedure of the County shall not be used by any employee, or use of same authorized for anyone by an employee for any reason or purpose beyond that deemed de minimis use by the Internal Revenue Service Code for anything other than County business. The use of same for personal gain or use may be cause for termination. See Administrative Instruction 1004 for additional information concerning use of County vehicles. 1.05 CODE OF ETHICS A. All employees must be aware of, and comply with, Section 112:311 (6) Florida Statutes which currently provides in part: "It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern." Human Resources Page 9 B. Employees may not, either directly or indirectly, use their official position with the County or information obtained in connection with their employment for private gain, for themselves or others. C. Employees shall not accept any gift, favor or service from any member of the public, including but not limited to Christmas and/or birthday gifts. D. No employee shall make any false statement, certification or recommendation of any employment under any provision of these policies, or in any manner, commit or attempt to commit any fraud preventing the impartial execution of the provisions of these policies, with regard to employment, promotion or transfer. E. Conflict of interest rules shall be in accordance with the established laws of the State of Florida. No County employee shall transact any business in his or her official capacity with any business entity of which that employee is an officer, agent or member, or in which he or she holds a material interest. If an employee is uncertain as to whether he or she may be in violation of this policy, clarification may be obtained from the Personnel Section. The County Administrator may at any time, require a statement of disclosure from any employee if he has reason to believe that said employee may be in violation of this policy. The Personnel Section will be responsible for investigating any alleged incident of conflict of interest and when needed, the County's legal counsel will interpret Florida Statute 112.311-112.326. If a violation of this policy is found, appropriate disciplinary action may be initiated. F. Employees shall not conduct personal business while in County uniform while on duty Employees shall not consume alcoholic beverages while on duty, nor on off -duty hours while in uniform. G. Employees shall not consume or be under the influence of alcoholic beverages while on duty or in County uniform, nor shall they use, be under the influence of, consume or possess illegal substances while on duty, in County uniform or on County property at any time. It is the intent of Monroe County to create and maintain a drug -free workplace for Monroe County employees, in accordance with the Drug -Free Workplace Act of 1988. (See Monroe County Administrative Instruction 4703.) H. Any violation of the provisions of this policy shall be subject to review and appropriate disciplinary action. If the employee has any doubt as to the application of the policy as it relates to his or her position, the possible violations should be discussed with the Department Head or his or her designee, who shall either approve or forbid the activity, or refer the question to the Personnel Section. The County Administrator, Division and Department Heads, their Deputies and other employees holding positions of high public trust and/or authority will be held to higher disciplinary and ethical standards than other employees. Human Resources Page 10 1.06 DISCLOSURE OF INFORMATION Information of a sensitive or confidential nature which is obtained in the course of official duties shall not be released by any employee other than by those charged with this responsibility as part of their official duties. 1.07 RESTRICTION OF EMPLOYMENT OF RELATIVES Restrictions on employment of relatives shall be in accordance with Florida Statute 112.3135 (2) (a) as amended, which currently reads, "A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which he is serving or over which he exercises jurisdiction or control, any individual who is a relative of the public official." The definition of relative will be expanded by the County to include Domestic Partner. Nothing set forth herein shall prohibit the employment of more than one (1) member of the same family. The Personnel Section will be responsible to investigate any alleged incident of nepotism, and when needed, the County's legal advisor will furnish current information to the Personnel Section on Florida Statute 116.111. Where a State or Local statute regarding nepotism exists which is more restrictive than this policy, the eligible applicant should follow the State and Local statute in lieu of this policy. Definition: Domestic Partner' - "Domestic Partners" are two adults who have chosen to share one another's lives in a committed family relationship of mutual caring. Two individuals are considered to be Domestic Partners if: (1) they consider themselves to be members of each other's immediate family; (2) they agree to be jointly responsible for each other's basic living expenses: (3) neither of them is married or a member of another Domestic Partnership; (4) they are not blood related in a way that would prevent them from being married to each other under the laws of Florida; (5) each is at least of the legal age and competency required by Florida Law to enter into a marriage or other binding contract; (6) they each sign of Declaration of Domestic Partnership as provided in for Section 1403 (7) they reside at the same residence. 1.08 VOLUNTEERS Monroe County recognizes the importance of work performed by volunteers. The Department Head will be responsible for obtaining authorization through the Personnel Section before allowing work to be performed by anyone on a volunteer basis. Volunteers will not, under any circumstances, be considered County employees, but will be responsible for following proper procedures and schedules as outlined by the Department Head. (See Section 8.01 J regarding voluntary Emergency Response Time for County employees.) ' Resolution 081-1998 Human Resources Page 11 1.09 VETERANS PREFERENCE IN INITIAL EMPLOYMENT If no qualified applicant is selected in-house after a seven (7) calendar day posting period, available positions will then be offered to the general public, unless in-house and general public notice are authorized by the Director of Human Resources concurrently. Eligible veterans and spouses of veterans will receive preference in initial employment with the exception of those positions which are exempt pursuant to Florida's Preference Law {Chapter 295 Florida Statutes (1987)1. Human Resources Page 12 EMPLOYMENT POLICIES SECTION 2 2.01 APPOINTING AUTHORITY The Board of County Commissioners shall be the appointing authority for the County Administrator and County Attorney. All other positions under the jurisdiction of the Board of County Commissioners shall be employed and supervised by the County Administrator. Employment of Division and Department Heads will require the confirmation of the Board of County Commissioners. The County Administrator will be responsible for: A. Approval of all changes in employee status ensuring that all changes are in accordance with the Personnel Policies and Procedures and the Pay/Classification Plan. B. Ensuring that all positions in all Divisions have been fairly and equally evaluated, rated and classified in accordance with Personnel Policies and Procedures and the Pay/Classification Plan. 2.02 POSITION CONTROL A. All positions in the County Service are established and maintained through a budget each fiscal year, in accordance with procedures provided by the Board of County Commissioners. B. The establishment of new or additional positions can only be authorized by the Board of County Commissioners and the County Administrator, subject to adequate justification of need and availability of funds. C. Personnel to fill approved new positions shall be appointed after the position has been evaluated, classified and assigned a pay grade. 2.03 TYPES OF EMPLOYMENT A. Original employment is subject to budgetary restrictions. When a person is initially employed in a position in County Service, he shall be employed in at least one of the following types of original employment status: I. Full -Tune Regular Employee 2. Substitute Employee 3. Temporary Employee 4. Emergency Employee 5. Part -Time Employee 6. Trainee 7. Contract Human Resources Page 13 Farticipation in the Social Security program and the Florida State Retirement System will be in accordance with the rules and regulations governing said programs. Any employee paid on an hourly basis will not be eligible for fringe benefits. B. Definitions of types of original employment: 1. Full -Time Regular Employee a. Full -Time Regular employment will be made to a classification for regularly budgeted County positions, working 25 hours or more per week. b. A Full -Time Regular employee shall be eligible for all County fringe benefits as set forth in these policies. c. An employee serving in a full-time regular position shall be eligible for career service status as described in Section 1.01. 2. Substitute Employee a. Substitute employment may be made to fill positions for which leaves of absences are granted to a regular employee. b. Substitute employment shall be only for a period of time for which the regular employee is granted leave. c. A substitute employee shall not be eligible for County fringe benefits. d. A substitute employee shall be exempt from career service status. 3. Temporary Employee a. Temporary employment may be made when the work of a department requires the services of one or more employees on a seasonal or intermittent basis, or in a position not classified as a regular County position. b. An employee shall not be allowed to serve on temporary employment of more than 12 consecutive months or, in the case of intermittent employment, for more than 1,040 hours during any 12-month period, except as set forth below. c. A temporary employee shall not be eligible for County benefits. except as stated in 'e' below. d. A temporary employee shall be exempt from career service status. Human Resources Page 14 e. All employees who are employed under special grants/projects shall be temporary employees throughout the duration of the grant/project. Such employees shall at no time be considered regular employees of the County, and shall only have the rights of temporary employees as set forth in these policies and procedures, except as might be specifically set forth in the special grant or project requirements. 4. Emergency Employee a. Emergency employment may be made when a short-term emergency exists. b. Emergency employment may be made without regard to the person's training or experience. c. No person shall be given one or more emergency employments for more than three (3) calendar months. d. An emergency employee shall not be eligible for County fringe benefits. e. An employee hired on an emergency basis shall be exempt from career service status. 5. Part -Time Employee An employee is to be considered part-time if the employee works less than twenty-five (25 ) hours per week. The salaried part-time employee who works at least twenty (20) hours per week will accrue vacation and sick leave prorated to the number of hours worked but will not receive group insurance. Anyone working less than twenty (20) hours per week will not accrue sick or annual leave. 6. Trainee Employee An employee appointed to fill an established position on a regular full- time or part-time basis shall be given trainee status when qualified applicants are not available for the position and the employee does not meet the minimum training and experience requirements for the position. (Refer to Section 4.07.) 7. Contract Employee Anyone whose employment is project specific will be a contract employee. Said employee(s) will not attain Career Service Status. Each proposed contract will be submitted by the County Administrator to the Board of Commissioners for approval. 2.04 PROBATIONARY PERIOD A. The standard probationary period for new employees will be twelve (12) months from the date the employee begins working as a regular employee for the County. If at any time during the probationary period it is determined that Human Resources Page 15 the employee is not satisfactory, the employee may be terminated without recourse. Following the probationary period, the County Administrator, or a designee, shall either: (1) approve, in writing, retention of the employee, at which time the employee shall be granted career service status: or (2) decide that the probationary period will be extended for no longer than an additional 3 months if the employee has not performed satisfactorily for the entire first 12 months: or (3) in the event the County shall fail to approve the employees' retention the employee shall automatically be separated from employment with the County, said separation being absolutely final, with no rights of appeal to any authority, including the grievance procedure contained herein. Temporary employees, Federal or State Grant employees as well as employees originally hired under the CETA Frogram will retain their original date of hire if transferred to or hired in a regular County position for use in procedures governing fringe benefits and evaluation purposes, when applicable. Said employee must then serve the standard 12-month probationary period, before becoming eligible for career service status. B. During the probationary period, the Department Head or duly -appointed representative must observe the employee's work habits, attitude and attendance to see if continued employment in the job is desirable. The Department Head with concurrence of the Division Directo Division Director will send the Personnel Section a written report of the employee's job performance during the sixth and eleventh months of the probationary period. Evaluations for Department Heads or Division Directors will be prepared by the appropriate Supervisor. C. In the event an employee receives a promotion through the promotional opportunity process, said employee will serve a 3 month probationary period, or the remainder of their original probationary period, whichever is greater. If during this probationary period the employee is found to be unsatisfactory, he or she may be terminated without right of appeal if recommended by the Department Head and the Division Director and approved by the Administrator, but will be able to apply for another County position through the promotional opportunity system for 1 year, after which time he or she must wait until a desired position is open to the public. D. Any employee whose position evolves into accepting additional or different duties and/or responsibilities within the same department may be reclassified to another pay grade and/or title upon recommendation of the Department Head and Division Director and approved by the Administrator but will not serve an additional probationary period. (See Section 3.04 and 3.05.) Human Resources Page 16 2.05 DEFINITION OF SERVICE A. Creditable Service shall be defined as service during which the employee was on the payroll of the County, or on approved leave of absence without pay. B. An employee's continuous service date shall be established as the most recent date of hire and may not precede the date of actual job performance. C. Authorized leaves of absence to the extent provided in Section 8 of these policies shall not be considered a break in service effective at the end of the employee's regular shift on the last day of work. D. If an employee has a break of service of 48 hours or more, he/she cannot be reinstated to his/her former employment status. If he/she is selected for County employment after such a break in service, he/she must begin as a new employee in all respects, except for Retirement Benefits which are governed by Florida Statutes. E. Any unauthorized leave without pay for three consecutive work days or more may be considered a break in service, and may result in termination. 2.06 MEDICAL EXAMINATIONS A. In order to maintain a vigorous and healthy work force the County shall require post offer medical examinations by a physician designated by the County. B. The County Administrator may require that an employee submit to a physical and/or psychiatric examination by a physician or other qualified practitioner at any time during their employment, which may include blood and/or urine testing for drug or alcohol usage. Charges for same will be the responsibility of the County. Grant Programs will provide funding for medical examinations for their employees in their respective budgets. C. Should an examination result in disclosure of inability to meet the required minimum standards of the specific occupation, the results of the examination shall be reviewed by the Personnel Section and the employee's Department Head and/or Division Director. Findings and recommendations shall be forwarded to the County Administrator for final disposition. Payment of any expense incurred by the applicant/employee other than the initial examination required by the County will be the responsibility of the applicant/employee. D An employee determined to be physically or mentally unfit to continue working in his/her current classification may be terminated, but may apply through the promotional opportunity system for any available position for which said employee is determined to be qualified as well as physically and mentally fit to perform all required duties of the position. Said employee will have promotional opportunity rights for one year after his/her termination date. Human Resources Page 17 E. If a Department Head has reasonable suspicion that an emplovee is under the influence of, or using alcoholic or illegal substances, that Department Head may require that said employee be examined by a physician which may include blood and/or urine testing. 2.07 BASIS FOR CHANGE OF STATUS Selection of applicants for new hire and in-house promotion shall be based on the applicant's ability to perform the job as outlined in the job description of the position being filled. The job description shall identify the specific knowledge, skills, and abilities necessary for the successful performance of the duties of the position. An evaluation of the applicant's knowledge, skills, and abilities as reflected in education, experience, licensure or certification as outlined on the employment application shall be compared to the required minimum qualifications of the position. All applicants who appear to possess the required minimum qualifications shall be evaluated according to uniform and consistently applied selection techniques established by Personnel Policies and Procedures. These selection techniques shall be designed to provide maximum validity, reliability, and objectivity and result in selection from among the applicants who are most qualified for the position. In determining change of status as a result of demotion, recall from layoff or transfer, job performance shall be the sole criterion. Job performance being equal, length of continuous service shall be the criterion. 2.08 SELECTION PROCESS All interviews whether for new hire or in-house promotion must follow the interview procedures outlined in Administrative Instruction 4705. 2.09 TRANSFERS A. The County Administrator may, at any time, transfer an employee from one area to another and/or from one position to another when he determines that it is in the best interest of the operation of the County to do so. Transfers will be made by the County Administrator based upon a recommendation by the employee's Department Head and Division Director. B. Employees will be notified in writing of the County Administrator's decision to transfer them. Employees who claim that a transfer is made arbitrarily and capriciously or that it is being recommended for disciplinary reasons may appeal a transfer decision pursuant to Section 10 (Employee Complaint/Grievance Procedure). 2.10. EMPLOYEE TRAINING The County may require any employee to attend any and all training deemed necessary to perform his or her job duties adequately and safely. Prior to employment with Monroe County, it is the applicant's responsibility to provide Human Resources Page 18 proof of completion of said training requirements. Once employed, any certification or training deemed necessary for continued employment is to be paid by the individual with reimbursement made after successful completion. See 2.11, item A. 2.11 EDUCATIONAL ASSISTANCE PROGRAM A. EDUCATIONAL ASSISTANCE POLICY The County may provide financial assistance to County employees for educational courses which are applicable to the employee's field of work, or of such nature and quality to directly contribute to the employee's value and potential growth in the County service. Employees required to maintain training and certification requirements as a condition of employment are also eligible for this program. In the case of a degree -seeking student; although attainment of said degree may provide job enhancement for the employee, courses taken in the pursuit of the degree must have some relation to County employment. B. ELIGIBILITY An employee will be considered eligible for participation in the Educational Assistance Program if he has been a full-time employee of the County for one year or more, and is so recommended by the Supervisor, Department Head and Personnel Section. An exception may be made for those employees referred to in Ordinance No. 008-1987, as approved by the Board of Commissioners. C. APPLICATIONS An Employee must submit the completed Request for Educational Assistance Form to the immediate Supervisor and Department Head for approval. The employee shall forward the application to the Personnel Section with the appropriate approvals and a Purchase Order or Audit Slip for payment. The application must be submitted and approved by the Supervisor, Department Head, and the Personnel Section prior to the employee enrolling in the course. The Personnel Section shall review the employee's eligibility to participate in the Educational Assistance Program and shall be responsible for the administration of the program. Upon enrollment in the course, the employee shall submit to the Personnel Section the enrollment receipt and textbook receipt. Upon completion of the course, the employee shall submit to the Personnel Section the final grade report. The tuition and textbook receipts, the Audit Slip or Purchase Order and the final grade report will be sent to the Finance Department for processing. A copy of all the documentation will be placed in the employee's personnel file. Human Resources Page 19 D. TIME OFF FROM WORK Qualified employees may be permitted time off from work with pay to attend educational training classes or seminars which are related to their job duties but which are not available during non -working hours, if approved by the applicable Department Head and/or Division Director. Allowable time off will be restricted to a maximum of 160 hours in any calendar year unless specifically otherwise approved by the County Administrator. Employees are attending this training on a volunteer basis and time allowed for attending such training does not constitute hours worked for the purpose of computing required overtime payments. E. REIMBURSEMENT 1. Upon the successful completion of approved courses with a grade of at least C or equivalent, the employee will be eligible for reimbursement of tuition, textbooks, and lab fees. The employee must present a certification of successful course completion and a paid receipt for tuition, textbooks, and lab fees to the Personnel Office. Requests for reimbursement must be made within thirty-five days after completion of the course. 2. Textbook reimbursement allowance is limited to $65 per course. The employee is responsible for paying any difference. 3. Reimbursement for tuition will be made only to employees who are on the active payroll when payment is due. 4. Where tuition is covered under benefits from the Veterans Administration or a philanthropic source, qualified employees may participate only in the "time off from work" feature of the program. 5. Reimbursement under the Educational Assistance Program constitutes income to the employee. The County must withhold taxes from this income and report to government agencies in the same manner. 6. Employees must provide their own transportation to and from training. 7. Refunds shall be limited subject to the availability of funds and the number of participants in the program. S. This program may be amended or terminated at any time, however, such amendment or termination will not affect any courses of study previously approved. F. CONDITIONS OF REIMBURSEMENT Employees who obtain reimbursement for any educational assistance program shall remain with the County at least one (1) year after Human Resources Page 20 completion of courses, otherwise any reimbursement which was made by the County to the employee shall be refunded to the County, if the employee terminates within less than one (1) year from date of completion of educational assistance courses. Further funding to the County shall be accomplished by deducting all reimbursement due from the employee's final paycheck. 2.12 EMPLOYEE SAFETY It is the responsibility of the County to promote and pursue a safe and healthy environment for all employees. Monroe County has a viable safety program approved by the State Division of Safety, as required by Florida State Statute. The Safety Program shall be administered and enforced by the Monroe County Safety Manager according to the Safety Policies and Procedures adopted by the Board of County Commissioners. Employees will observe all safety rules and regulations established by the State of Florida and County Government. Division Directors, Department Heads and Supervisors are responsible for the observance of those rules within their jurisdiction. Failure to comply may result in disciplinary action. 2.13 PROMOTIONAL OPPORTUNITIES A. It is the policy of the Board of County Commissioners to consider qualified County employees for promotional opportunities before applicants from the general public are considered. An employee must remain in his or her respective position for a period of at least six (6) months before transferring to another position through the Promotional Opportunity system. If it is thought to be in the best interest of the County to waive this rule, prior approval of the appropriate Division Director(s) and the County Administrator must be obtained. Please review Section 2.04 Probationary Period. Promotional Opportunities will be posted on bulletin boards throughout the County system for seven (7) calendar days. B. An eligible employee wishing to apply for a promotional position will complete the Promotional Opportunity Application Form within the seven (7) day period (date of posting is day one (1)) and submit it to the Personnel Section. The Personnel Section will review these completed forms and forward all in- house applications to the Department with the vacancy for consideration. C. During the seven (7) days the position is posted, any qualified County applicant is to be given preference in the vacant position. All Promotional Opportunity applications must be reviewed by the department with the vacancy. It is the responsibility of the hiring department to review in-house applications and conduct interviews for qualified County applicants. Any qualified employee filing a Promotional Opportunity within the required seven (7) day period is to be considered a priority. In the event the Promotional Opportunity is not received within the seven (7) day period, the in-house employee shall lose preferential treatment. Human Resources Page 21 D.. Eligible veterans and spouses of veterans will receive preference in initial employment pursuant to Florida's Veterans' Preference Law {Chapter 295, Florida Statutes}, with the exception of those positions which are exempt under said law. 2.14 EQUAL OPPORTUNITY POLICY A. The County is firmly committed to equal employment opportunity, and does not discriminate in any employment -related decisions on the basis of race, color, religion, national origin, sex, age, disability or other similar factors that are not job -related. The County's policy of equality of opportunity applies to all organizational levels of the County and to all job classifications. It is the responsibility of each Division Director, Department Head and Supervisor to give the County's non- discrimination policy full support through leadership, and by personal example. In addition, it is the duty of each employee to help maintain a work environment which is conducive to, and which reflects, the County's commitment to equal employment opportunity. B. All personnel actions shall be based solely on ability and fitness of the individual. C. The Personnel Section shall see that information about job opportunities is readily available to all employees and citizens of the County, and a continuing program shall be conducted to make the Equal Employment policies known to all citizens of the County. D. In this capacity, the Personnel Section will be responsible for anticipating problems, formulating solutions, presenting complete analysis of alternatives and recommended corrective actions and coordinating the recommended actions with Division Directors, Department Heads and employees. In the implementation of this policy, the County will aggressively seek personnel for all job levels within the organization through upgrading and recruitment from minority group members and women. This policy is specifically included and will be a continuing and essential component of the Personnel Policies and Procedures. E. Harassment of any kind is prohibited and will not be tolerated This policy applies to all employees (including Division Directors, department heads and supervisors), agents and third -parties such as contractors, vendors, suppliers, and other visitors to County buildings or workplaces. A violation of this policy will subject an employee (including Division Directors, department heads or supervisors) to disciplinary action, up to and including termination of employment. A violation of this policy by any third party will result in appropriate action, which may result in the person(s) being barred from the County premises. Harassment is defined as verbal or physical conduct which: 1. Denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age, veteran Human Resources Page 22 status, marital status, familial status, sexual orientation/preference, or disability/handicap, or that of his or her relatives, friends or associates. 2. Has the purpose or effect of creating an intimidating, hostile or offensive working environment; 3. Has the purpose or effect of unreasonably interfering with an individual's work performance or; 4. Otherwise adversely affects an individual's employment opportunities. Prohibited harassing conduct includes, but is not limited to, epithets, slurs, jokes, negative stereotyping, or threatening, intimidating or hostile acts that relate to race, color, religion, gender, age, national origin, veteran status, marital status, familial status, sexual orientation/preference, or disability/handicap. Prohibited harassing conduct includes written or graphic material that is placed on walls, bulletin boards or elsewhere on the premises, or that is circulated in the workplace. The above policy includes, but is not limited to, sexual harassment. Sexual harassment is defined as: 1. Unwelcome sexual advances; 2. Requests for sexual favors; 3. Verbal or physical conduct of a sexual or otherwise offensive nature, particularly where: a. submission to such conduct is made, explicitly or implicitly, a term or condition of employment; b. submission to or rejection of such conduct is used as a basis for decisions affecting an individual's employment; or c. such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment. 4. Sexually offensive jokes, innuendoes, and other sexually oriented statements or behavior. If you experience or observe any prohibited harassment by any person (including Division Directors, department heads, supervisors, employees or third -parties), you are required to promptly report the incident to a Department Head, the Human Resources Director or to the County Administrator. (We encourage you to put such a complaint in writing). Your complaint will be immediately investigated and kept confidential to the extent possible. Individuals who make complaints have an obligation to assist and cooperate with the County's investigation. If the County determines that an employee (including Division Director, Department Head, or supervisor) or third -party has harassed another individual, appropriate remedial action will be taken against the offender, up to and including termination. If the harassment involves a third party such as a contractor, vendor, supplier, or other visitors to County buildings or the workplace, that person may be barred from the premises. The County prohibits any form of retaliation against an employee or third party for lodging a bona fide complaint under this policy or for assisting in the investigation of a claim of harassment. F If one believes that the County has violated the equal opportunity policy, as stated in this section, he/she should submit a written complaint to the EEO Coordinator. The EEO Coordinator shall investigate the complaint and respond to the complaint. Human Resources Page 23 2.15 EMPLOYEE RECOGNITION (See Section 2-16.6. Monroe Countv Code) A - EMPLOYEE OF THE MONTH/YEAR PROGRAM Monroe County has established an Employee of the Month/Year Program designed to recognize employees who demonstrate superior performance and dedication to their work which is above and beyond the call of duty. (See Monroe County Administrative Instruction Series 4000.) The employee of the month shall be awarded a $100 United States Savings Bond and an appreciation plaque. The employee of the year shall receive a 4% increase, and an appreciation plaque. B - YEARS OF SERVICE PROGRAM Monroe County has established a program to recognize County employees who have been in the County Service for Five, Ten, Fifteen, Twenty, Twenty-five and Thirty years. At the employee's anniversary date, or as soon thereafter as is feasible, the Human Resources Department must cause a letter to be placed in the employee's personnel file noting the years of service and must deliver the following to the employee: a - For 5 years of service, a congratulatory certificate and a $100 award; b - For 10 years of service, a congratulatory certificate and a $175 award; c - For 15 years of service, a congratulatory plaque and a $200 award; d - For 20 years of service, a congratulatory plaque and a $350 award; e - For 25 years of service, a congratulatory plaque and a $500 award; f -For 30 years of service, a congratulatory plaque and a $1,000 award. Human Resources Page 24 CLASSIFICATION PLAN SECTION 3 3.01 CLASSIFICATION PLAN A. SCOPE The Classification Plan provides for a systematic and equitable arrangement of job classes and provides for a complete inventory of all County positions. The purpose of the plan is to group various positions into related classes based upon the range of duties, responsibilities and level of work performed. B. COMPOSITION OF THE CLASSIFICATION PLAN The Classification Plan comprises written job descriptions for each class of work included in the County service. Job descriptions are intended to be a general outline of job duties performed by employees in a particular job. They are used as a guide in recruiting and examining candidates for employment, in determining the lines of promotion and developing training programs, as guidelines in determining salary relationships and in providing uniform job terminology to convey the same meaning to all concerned. job descriptions may be changed from time to time by the County. This change may expand or reduce the job duties of any job classification. Employees will be given as much advance notice of a change in their jobs as is practicable. The job descriptions are maintained by the Personnel Section and should be reviewed and updated annually, or whenever a change occurs in the duties of any position. Each job description will be approved by the Department Head, the Division Director, and the County Administrator. Each employee will receive a copy of his or her respective job description at the time of his or her employment, and any time there is a change in his or her job description. 3.02 POSITION AUDIT PROCEDURE The County Administrator is charged with the responsibility of initiating position audits of any or all County service positions at any time. Other position audits may be initiated by written request to the County Administrator from the Department Head or the Division Director in which the specific position is located, or the incumbent of the position to be audited. All requests must be approved by the Division Director. Position information will be gained through completion of a Position Information Questionnaire (PIQ) by the incumbent or by the Supervisor of the position if the position is vacant, and through field studies of the position, which may include a personal visit with the position incumbent by a representative of the Personnel Section. The applicable Department and Division Director should review and make recommendations to the County Administrator through the Human Resources Page 25 Personnel Section on all proposed new positions. changes. and position descriptions. 3.03 DET I;LMINATION OF CLASSES A. The Personnel Office upon certification of funds and findings that the proposed class or classes are needed. shall propose new or revised classes of work as well as the abolition of existing or obsolete classes, to the County Administrator for appropriate action. B. Whenever an employee's position is abolished under this section, said employee shall have first consideration for a position in a similar classification that may arise in the County service for a period of one year. However, if that employee refuses an offer for a similar position or, if that employee within the one-year period elects to take any position in the County service, said employee shall be removed from preferential consideration. 3.04 ALLOCA rION AND RECLASSIFICATION OF POSITIONS A. The Personnel Office, after having determined the content of the positions and having received the certification of funds and findings that the proposed class or classes are needed, shall propose new or revised classes of work as well as the abolition of existing or obsolete classes, to the County Administrator for appropriate action. Recommendations for changes may be made by the Division Director, who must submit sufficient documentation for the change, including assurance(s) that the respective departmental budget contains sufficient funds. B. An employee may be reclassified to a different title and/or pay grade at any time the County Administrator deems appropriate, after receiving good and sufficient documentation. A temporary reclassification does not constitute a promotion or demotion. A change in title and/or pay grade which results from an evolution into a reduction of duties and/or responsibilities does not constitute a demotion. 3.05 STATUS OF AN INCUMBENT IN A RECLASSIFIED POSITION When the incumbent of a position, through diligent application of work, is officially assigned more difficult and significant additional responsibilities and duties so that it appears as if the position warrants reclassification to a higher class, the Personnel Office shall perform a field study of the present duties and responsibilities of the position. If it is determined after recommendation by the Department Head, Division Director and the Personnel Director that the position should be reclassified, the County Administrator may require that the incumbent undergo a prescribed test of fitness, depending on the conditions of the reclassification and the nature of the position to be reclassified before approval. A revised job description will be submitted by the Department Head for approval by the Division Director and the County Administrator which includes the additional duties of the position. An employee reclassified in this manner will not serve an additional probationary period as a result of this reclassification. Human Resources Page 26 3.06 POSITION CONTROL All positions are established and maintained through a budget each fiscal year in accordance with established budget and accounting procedures. The establishment of a new or additional position can only be based on adequate justification of need and the availability of funds. Such additions must be approved by the County Administrator and the Board of County Commissioners. The provisions herein do not relate to the Pay Plan, but to position statuses created by need and necessity only. The Division of Management Services shall maintain a position control system in the Department of Human Resources, Personnel Section. Important: All additions, revisions, reclassifications or other personnel actions having a financial impact on the County shall be reviewed by the Personnel Section and the Office of Management and Budget and approved by the County Administrator. Human Resources Page 27 PAY PLAN SECTION 4 4.01 PURPOSE The Pay Plan is designed to provide a fair and equitable method for payment of employees in the County service. It also establishes a set of rules and a uniform system of administration. 4.02 ESTABLISHMENT OF THE PAY PLAN The Pay Plan shall be directly related to the Classification Plan and is the basis for payment of employees in the County service. This plan shall be established with consideration being given to the following factors: A. Relative difficulty and responsibilities existing between various classes of work. B. Prevailing wage scales, for similar types of work, found in public and private industry in the local labor market. C. Availability of qualified personnel. D. Economic conditions found in the area. E. Fiscal policies of the Board of County Commissioners. 4.03 AMENDMENTS The County Administrator shall make amendments to the Pay Plan when, in his discretion, economic conditions, labor supplies, or other considerations indicate a need for such action. Division Directors may recommend to the County Administrator possible amendments to the Pay Plan by providing sufficient justification to make an evaluation of the causes and conditions requiring the change within the confines of their respective departmental budget. 4.04 PAY PLAN REVISIONS The Board of County Commissioners must approve the County Administrator's recommended Plan of Compensation and subsequent revisions for approval and adoption. 4.05 ADMINISTRATION The Human Resources Department, Personnel Section, in conjunction with the Office of Management and Budget, shall have the responsibility for the day to day administration of the compensation plan. Approval of all hiring rates and Human Resources Page 28 other payroll changes shall require approval of the County Administrator in accordance with these personnel policies. 4.06 APPLICATION OF THE PAY PLAN All employees shall be employed and paid in accordance with the rates and policies established by the Pay Plan for the specific job classification under consideration, unless otherwise stipulated in these policies. 4.07 STARTING RATES A. The minimum salary established for a position is considered the normal appointment rate for new employees. B. Appointments below or above the minimum salary may be authorized in the following situations: 1. In the event an applicant does not meet the minimum qualifications, but is expected to obtain said qualifications within 6 months, the hiring authority may request appointment as a "trainee". In such cases, the employee should be hired at an appropriate rate below the minimum starting salary. 2. if the applicant's training, experience or other qualifications are substantially above those required for the position, the County Administrator may approve employment at a rate of up to 12% above the minimum established for the class. 3. The need to make appointments in excess of 12% above the minimum shall require extensive documentation and specific approval from the County Administrator. 4.08 SALARY RANGES PROGRESSIONS,, INCREASES No salary adjustment shall be approved unless there is availability of funds, and must be recommended in writing by the Division Director and approved by the County Administrator. A. An employee may receive a salary increase by means of a promotion, reclassification or pay range adjustment. B. There are no provisions in the County Pay Plan for automatic salary advancements, as all increases are to be based on availability of funds, work performance, and other pertinent factors as evaluated by the employee's Supervisor and/or Department Head, and approved by the Division Director and County Administrator. C. All requests for salary increases shall be processed through the Personnel Office and the Office of Management and Budget for review and determination of compliance with the County policies and procedures and budgetary control. Human Resources Page 29 D. MERIT INCREASES 1. A merit increase is a salary increase within the same pay grade, awarded for outstanding County Service. 2. Merit increases are not automatic. 3. The amount of merit increase an employee receives, if any shall be determined by the availability of funds, and the system/procedures proposed by the County Administrator and adopted by the Board of County Commissioners each fiscal year. All salary adjustments must be approved by the County Administrator. 4. An employee shall be eligible for consideration for a merit increase during the budget preparation period after completion of their probation period. 5. New employees hired below the minimum rate would be eligible for consideration six months from the date they are adjusted into the minimum rate. 6. Once an employee has reached the maximum salary amount of the pay grade in which his or her position is classified, no additional merit increases shall be awarded to that employee, unless said position is reclassified to a higher pay grade (See Section 3 regarding reclassifications). Nevertheless, the employee will still be evaluated in accordance with the County evaluation system. All employees are expected to maintain a satisfactory or above performance level. Failure to do so will result in appropriate disciplinary action. 7. The foregoing reflects the current procedure, however the County reserves the right to change or eliminate the procedure whenever necessary. NOTE: Time spent on a leave of absence without pay in excess of thirty days shall be deducted from the employee's length of service record when determining the time required for advancement eligibility. E. COST OF LIVING INCREASES The decision whether to or when to grant a cost of living allowance, as well as the decision of the amount of such increase (if any) will be made in the sole and exclusive discretion of the Board of County Commissioners. 4.09 PART-TIME EMPLOYMENT Employees working less than full time will be eligible for consideration for a salary I ncrease upon satisfactory completion of 1,040 hours of work, and future increase after 2,080 hours of satisfactory work, using the procedure outlined in Section 4.08. Human Resources Page 30 4.10 ADMINISTRATIVE SALARY INCREASE Advancements and salary increases for employees in the Administrative Salary Schedule shall be determined by the County Administrator. Increases within the established range for these employees shall reflect the performance of the individual, program efficiency and results obtained. 4.11 DATE OF HIRE, PAYROLL CHANGES, ANNIVERSARY DATES & EMPLOYMENT STATUS CHANGES A. DATE OF HIRE The date an employee first begins work for the County shall be his/her date of hire, and shall be used in relation to the procedures governing fringe benefits and evaluations when applicable. Any break in employment of 48 hours or more will create the need for a new date of hire if that employee returns to County Service. B. PAYROLL CHANGES Payroll changes will officially occur on the first day of the pay period in which the change is approved unless special permission is obtained from the County Administrator and the Payroll Department to do otherwise. Example: If an employee is approved for a merit increase the increase would become effective the first date of the pay period in which the recommended effective date occurs. C. CHANGES IN EMPLOYMENT STATUS A promotion can occur when an employee is moved from a position in one class to another position in a different class which has a higher maximum salary. Any employee may be recommended for demotiori by the Department Head with the approval of the Division Director and the County Administrator for cause. A demoted employee may not be paid more than the maximum rate established for the new pay grade. An employee transferred to another position in the same job classification or to a different position with the same pay range will not be eligible for a salary increase at the time of transfer. Such transfers may not affect the employee's anniversary date or other status. D. ANNIVERSARY DATES An employee's anniversary date is the date of any major changes of employment status and may be used for evaluation purposes when applicable. Human Resources Page 31 E. OTHER When a temporary employee attains the status of regular employee in the same position, his anniversary date will be his date of hire for evaluation purposes. Leave accrual and benefits will be implemented in accordance with current rules and regulations governing same. 4.12 TEMPORARY - HIGHER CLASSIFICATION An employee may be assigned to work in a higher classification up to one year, unless otherwise determined by the County Administrator. An employee required to work in a higher classification 30 consecutive working days or less may be required to do so at no increase in pay. If the employee is required to work beyond this period, he or she should be given a temporary transfer to the higher classification and be paid the appropriate rate for the higher classification retroactively applied to day one he or she served in such higher classification and every consecutive working day thereafter. At the conclusion of the assignment, pay shall revert to the authorized rate established for his regular position. Any such temporary increase granted shall not affect the employee's eligibility for normal salary advancement. 4.13 WAGES DUE DECEASED EMPLOYEE In the case of the death of an employee for whom an estate is not raised, any wages, travel expenses or similar amounts due the employee shall be paid by the County in accordance with the Florida Statute 222.15. An employee who does not have living parents, spouse, or children shall have the right to designate a beneficiary in writing. 4.14 BUDGET LIMITATIONS The County Administrator must administer these Policies and Procedures within the amounts which are contained in the budget as established by the Board of County Commissioners. Accordingly, all employees are hereby placed on notice that the payment of salaries and the granting of salary increases is always subject to the availability of funds. Human Resources Page 32 HOURS OF WORK SECTION 5 5.01 WORK DAYS AND WORK WEEK A. No County Department may operate on less than a 37 1/2 hour normal work week, nor more than a 40 hour normal work week (exclusive of lunch breaks), unless authorized in advance in writing by the County Administrator. B. The work week shall start at 12:01 a.m. Sunday and end at 12:00 midnight Saturday, unless otherwise approved by the County Administrator. C. Effective May 1, 1991, all newly hired regular full-time employees will be required to work 40 hours per week unless the authorized job posting states otherwise, or unless otherwise determined by the County Administrator. When an employee changes his or her position through the Promotional Opportunity system he/she will be required to work forty (40) hours per week, unless otherwise posted. D. All full-time employees are required to be present on their assigned jobs for the total hours in their work week, unless absence from duty is authorized by the appropriate authority in accordance with these personnel policies. E. Part-time employees are required to be present on their assigned jobs for the total number of hours for which compensations are being received, unless absence from duty is authorized by the appropriate authority in accordance with these personnel policies. F. All absences shall be properly recorded and charged. G. Nothing herein shall constitute a guaranteed minimum number of working hours per week. H. Shift Exchange Policy - FIRE/EMS employees on 24/48 shifts - see EMS Policy Addendum - Section A-4. 5.02 OVERTIME WORK FOR NON-EXEMPT NON -EMERGENCY RESPONSE EMPLOYEES Overtime is generally an unbudgeted expense, and should be approved prior to time worked. A. STATEMENT OF POLICY 1. Overtime, whether compensated with cash or time off, must be approved by the Department Head or other appropriate authority as stated in Administrative Instruction #1003 Series. The employment and Human Resources Page 33 work program of each Department should be arranged so as to eliminate the necessity of overtime work except in emergency situations. 2. Overtime is defined as work assigned and actually worked by any employee beyond the normal scheduled work week. 3. Employees who work more than their normally scheduled hours will be paid at their straight -time rate of pay for all hours worked up to and including forty (40) hours in a work week. Hours worked in excess of forty (40) hours in a work week will be compensated as provided below. 4. Employees who work in excess of forty (40) hours in any work week will be paid overtime at one and one-half times their regular rate of pay for all hours worked over forty (40), or will be granted time off (compensatory time) in lieu of overtime. The County, whenever possible, will get an employee's agreement before offering compensatory time. Nevertheless, the County reserves the right to require employees to accept compensatory time in lieu of overtime. This policy constitutes a mandatory condition of employment. 5. Compensatory time, if offered by the County, will be governed by the following conditions: a. Must be authorized by the appropriate Department Head or other appropriate authority as defined in A. 1. above; b. One and one-half hours of compensatory time will be granted for each hour of overtime worked; c. Compensatory time may be "banked"; however, the maximum balance is 240 hours. When an employee has accrued the maximum of 240 hours compensatory time, any additional overtime hours worked {i.e., over forty (40)) will automatically be paid at the time and one-half rate; d. An employee's reasonable request to utilize accrued compensatory time will be considered; however, the County reserves the right to exercise control of the use of time off based on work load and scheduling. e. Upon termination of employment, an employee will be paid for all unused authorized compensatory time at a rate of compensation not less than: (i) the average regular rate received by the employee during the last three years, or (ii) the final regular rate received by the employee, whichever is higher. Page 34 Human Resources 5.03 OVERTIME WORK FOR EMERGENCY RESPONSE EMPLOYEES Pursuant to Section 7K of the Fair Labor Standards Act, the County has established a work schedule for the shift work employees of the Public Safety Division. All hours worked will be paid at the regular rate until an employee reaches a number of hours worked whereby overtime is required as set down in the Fair Labor Standards Act. Overtime will be compensated in a way that does not conflict with the Fair Labor Standards Act. 5.04 OVERTIME WORK FOR EXEMPT EMPLOYEES It is the general policy of Monroe County not to compensate for overtime those employees classified as 'exempt', from the Fair Labor Standards Act. However the County Administrator in his sole discretion may approve compensation for overtime, either in compensatory time or pay, for an exempt employee who has been required to work unusually large amounts of overtime, such as during a disaster, etc. 5.05 MEAL AND REST PERIODS Employees classified as regular full time will receive a total of one hour for meal/rest period per work shift, the time and sequence of which will be determined by the Supervisor and approved by the Department Head. If it is necessary for the non-exempt employee to work without a meal/rest period he/she will be otherwise compensated for that time. All other employees will receive meal or rest periods in an amount and time deemed appropriate by their Supervisor. Meal and rest periods shall be scheduled by the Department Head consistent with the effective operation of the department and may be rescheduled whenever necessary. Human Resources Page 35 HOLIDAYS SECTION 6 6.01 OFFICIAL HOLIDAYS The following are holidays which shall be observed by all County offices in which functions can be discontinued without adversely affecting required services to the public: New Year's Day Presidents Day Martin Luther King's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day In addition to the above -designated holidays, the Board of Commissioners, in its sole discretion, may grant other special holidays during the course of a year to some, or all, County employees. 6.02 ELIGIBILITY All salaried employees on the active payroll on the date of the holiday shall be eligible for holiday pay at their regular rate of pay. Hourly employees shall not be eligible for holiday pay. Employees must be working or on approved leave with pay the entire day before and the day after a holiday to be compensated for said holiday. 6.03 WORK DURING HOLIDAYS Each employee shall observe all holidays designated in this Section, provided that the work load of the department is, in the discretion of the County Administrator, such that the employee's work load cannot be discontinued without causing a hardship to the County. In the event that the work load in any department does not permit the observance of any designated holiday, all employees required to work on said designated holiday, or if holiday falls on employees designated day off, may be granted another day's leave in lieu of the holiday or paid for the work performed on the holiday, as determined by the Department Head and/or Division Director. 6.04 HOLIDAYS FALLING ON WEEKENDS Unless otherwise specified by the Board of County Commissioners - when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday - when a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Human Resources Page 36 6.05 HOLIDAY DURING PAID LEAVE Employees on annual or sick leave during periods when designated holidays occur, shall not have the day of the holiday charged against their accrued leave. 6.06 OBSERVANCE OF RELIGIOUS HOLIDAYS Employees who choose to observe other "holidays" for religious or other reasons must do so by utilizing annual leave pursuant to Section 7. Human Resources Page 37 LEAVE WITH PAY SECTION 7 7.01 ANNUAL LEAVE A. ELIGIBILITY All salaried employees with regular status working 20 hours or more per week shall earn and accrue annual leave with pay. Hourly employees will not accrue annual leave. B. ACCRUAL FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum - Section A-3. For current employees and employees hired on or prior to September 30, 1999, Annual leave for regular, full-time employees with a work week of 37 1 /2 hours up to and including 40 hours per week shall be earned in accordance with the following table: Years of Continuous Hours of Leave Earned Service During Each Calendar Month ------------------- --------------------- 1 through 3 years 4 hours per bi-weekly pay period (13 working days per year) 4 through 10 years 5 hours per bi-weekly pay period (16 1 /4 working days per year) 11 through 15 years 6 hours per bi-weekly pay period (19 1/2 working days per year) 16 through termination of employment 7 hours per bi-weekly pay period (22 3/4 working days per year) Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year. Human Resources Page 38 For employees who are hired on October 1, Iu99, c. . ter Annual leave for regular. full-time employees with a work week of 7 1 /2 hours up to and including 40 hours per week shall be earned in accordance with the following table: Years of Continuous Service ------------------- 1 through 5 years 6 through 15 years Hours of Leave Earned During Each Calendar Month --------------------- 4 hours per bi-weekly pay period (13 working days per year) 5 hours per bi-weekly pay period (16 1/4 working days per year) 16 through termination of employment 6 hours per bi-weekly pay period (19 1 /2 working days per year) Monroe County currently has a bi-weekly pay period system commencing at 12:00 a.m. Sunday, ending two Saturdays later at 11:59 p.m. There are 26 pay periods per year. Annual leave for employees working less than 37 1 /2 hours per week, but more than 20 hours per week will be prorated according to the hours worked. When there has been a break in employment of 48 hours or more, the employee, upon reinstatement or re-employment, will begin earning annual leave as a new employee. Employees who are on leave without pay status for more than 8 hours during a pay period will not accrue annual leave for that pay period. C. 1. Annual leave may be used on a month to month basis as it is earned according to scheduling requirements and may be accumulated up to 40 working days. Any time earned in excess of this amount will automatically be forfeited at the end of each fiscal year. 2. All annual leave must be approved in advance by the applicable Department Head, Division Director and/or the County Administrator depending on the position held by the requesting employee. The employee shall fill out his Leave Request Form and submit it to the Department Head, who has the right to deny an employee's request for annual leave, if granting such leave at that time would be detrimental to Human Resources Page 39 County operations. Upon such denial. the employee may request the leave at another time. The Department Head is responsible for verifying that the employee does have sufficient accrued leave to cover the period of absence, and should return the leave request to the employee indicating approval or denial, within seven (7) days of receipt of the request, unless a valid reason is given to the employee for the delay. D. ANNUAL LEAVE PAY UPON SEPARATION If the payment of annual leave is approved by the County, computing said leave pay will be based on the employee's regular rate of pay and terms of separation. E. RESTRICTIONS Annual leave may be used for any purpose; however, it is a privilege incident to County service and is not a right, and may only be used by the employee if taken prior to termination for cause or in accordance with these policies, with the following restrictions: 1. Annual leave may not be taken until accrued in accordance with these rules. 2. Employees will not accrue annual leave during a leave of absence without pay, a suspension or when the employee is otherwise in a non-paying status. 3. Section 11.0 1 - Resignations. 4. Employees who leave the County service without proper notice or who are terminated for just cause may be denied payment of accrued annual leave. 1.02 SICK LEAVE A. ELIGIBILITY All salaried employees with regular status working 20 hours or more per week shall have the privilege of accruing sick leave in accordance with these policies. Hourly employees will not accrue sick leave. Employees shall not be eligible to use sick leave until they have been in the County service for 90 days, unless recommended by the Department Head and approved by the Division Director. Verification of illness by a physician may be required. B. ACCRUAL OF SICK LEAVE FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum - Section A-3. Human Resources Page 40 atleasttwenty (20) hours per week will be pror- __, accoraing to the hours worked. When there has been a break in service of 48 hours or more, the employee upon reinstatement or re-employment will begin accruing sick leave as a new employee. Employees who are on leave without pay for more than 8 hours during a pay period will not accrue sick leave for that pay period. C. USE OF SICK LEAVE 1. Sick leave shall be used only with the approval of the applicable Department Head, Division Director or County Administrator and shall not be authorized prior to the time it is earned and credited to the employee except in cases of prearranged medical appointments, surgery or other health -related matters. 2. Sick leave shall be authorized only in the event of: a. The employee's personal illness, injury or exposure to a contagious disease which would endanger others. b. Illness or injury of a member of the immediate family. C. The employee's personal appointments with a practitioner when it is not possible to arrange such appointments for off -duty hours, but not to exceed the extent of time required to complete such appointments. d. Prearranged surgery or other health -related matters. D. Monroe County has established a Sick Leave Pool for eligible full-time employees designed to aid the employee suffering from an extended illness or injury (See Administrative Instruction 4702 for rules and enrollment procedures) . 7.03 MEDICAL JUSTIFICATION A. Sick leave is a privilege, and not a benefit. In fact, use of sick time actually causes a hardship on the County. The County must, therefore, ensure that employees utilizing sick leave are complying with Section 7.02 of these policies and procedures. Employees must meet the following conditions in order to be granted sick leave with pay: Page 41 Human Resources (1) Notify his/her immediate Supervisor as soon as the employee learns that he/she will be unable to report to work in accordance with individual department policy. The employee shall call in to his/her immediate Supervisor at least one (1) time on each consecutive shift thereafter, that the employee will miss work because of sick leave. (2) File a written report (after returning to work) explaining the nature of the illness when required, by her Supervisor or Department Head. (3) Permit medical examination, nursing visit or any County inquiry (telephone call, visit to the employee's house, etc.) deemed appropriate by the County to document the illness of the employee or family member. The Department Head is responsible for following up on sick leave use and for ensuring that there is no sick leave abuse. The Department Head may require any employee to bring in a note from his or her personal physician for absences of three (3) consecutive working days or more. However, if a Department Head reasonably suspects that an employee is abusing sick leave, said Department Head may require that any use of sick leave by the employee for herself or family member be justified by a note from a physician. Further, in the event that a Department Head is unsatisfied with the initial doctor's note, he may require the employee or family member to be examined by a County - designated physician at the County's expense. B. If it is determined that the employee is unfit to continue working, the Department Head may require the employee to use any part of his accrued sick leave, compensatory time or annual leave and may thereafter require the employee to take such leave without pay as is medically determined sufficient to restore him to normal health, however, this will in no way prevent the County from separating him from employment if the absence would be of such duration as to pose a hardship on the operations of the Department. C. The Department Head may require, at any time, an employee to present medical evidence that he is physically or mentally fit to work and/or the Department Head may require an employee to be examined by a County - designated physician or psychiatrist, at the County's expense. 7.04 NOTIFICATION OF ABSENCE (SEE 7.03 A) If absent for three consecutive work days without reporting to the Supervisor a reason sufficient to justify the absence, the employee may be removed from the payroll as having voluntarily resigned without notice. The Supervisor is to notify the Department Head. Any unauthorized absence may be cause for disciplinary action, up to and including termination. 7.05 FUNERAL LEAVE A. All employees covered under this policy shall be granted up to two working days off with pay in order to attend a funeral of a member of the employee's immediate family. The immediate family shall be construed to mean one of the following: Spouse, parent, son, daughter, sister, brother, domestic partner, legal Human Resources Page 42 guardian, grandparent or in-laws. Additional time off (over and above the two working days herein provided) may be approved by the Department Head, and charged to sick or annual leave.. Additionally, the County may require proof of death of a family member before making payment for leave. B. FIRE/EMS Personnel on 24/48 shifts - refer to EMS Policy Addendum - Section A-2 for Funeral Leave. 7.06 HOLIDAYS DURING SICK LEAVE Holidays occurring while an employee is on sick leave shall not be charged against the employee's sick leave balance. 7.07 PAYMENT OF UNUSED SICK LEAVE A. An employee who terminates with less than five (5) years continuous service shall not be paid for any unused sick leave credits. B. Employees with varying years of continuous serrice shall, upon separation, from the County in good standing, death or retirement, receive incentive sick leave pay as follows: 5 to 10 years of service - 1 /4 maximum of 30 days. 10 to 15 years of service - 1/2 maximum of 90 days. of all accrued sick leave, with a of all accrued sick leave, with a 15 years or more - 1/2 of all accrued sick leave, with a maximum of 120 days. C. The payments made as terminal pay for unused sick leave, whether paid as salary or otherwise, shall not be used in the calculation of average final compensation for retirement. D. Employees who leave the County service without proper notice or who are terminated for just cause may be denied payment of accrued sick leave. 7.08 TRANSFER OF LEAVE An employee who resigns from a city or county governmental authority within Florida to accept a position with the county will not be credited with hours of unused sick or annual leave which was accrued while employed by that organization. Human Resources Page 43 LEAVE OF ABSENCE SECTION 8 8.01 ADMINISTRATIVE LEAVE Administrative leave is leave with pay that is not charged to the employee's sick or annual leave. A. JURY DUTY AND COURT LEAVE 1. A full-time employee who is summoned to jury duty or subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of Florida, or the Federal Government in a criminal or civil action arising from his or her county employment shall be granted time off with pay for the time actually spent on jury duty or in the court appearance. Fees paid by the court will be retained by the employee. As conditions precedent to receiving time off with pay for jury duty or court appearance of the aforesaid nature, the employee must: a. Notify his/her Department Head of the summons or subpoena immediately upon receipt, produce the summons or subpoena to his/her Department Head upon request, and provide the Department Head with an estimate of the duration of the absence; b. Report to the Department Head immediately upon the conclusion or continuance of such jury duty or court appearance; c. Report status of jury duty to supervisor or designee on a daily basis. 2. Any employee on jury duty as specified above, and who is released or excused from jury duty during normal working hours, will immediately contact his or her supervisor in order to determine whether the employee will be required to report back to work. Employees who work a 24 hour shift, will contact their Department Head (or designee) when released from jury duty. If the Department Head (or designee) determines that the employee could not effectively complete his or her work shift, the employee may be granted time off with pay for the remainder of the shift. 3. The County, in its discretion, may reschedule the working hours and days of work of an employee employed on other than a full-time basis who is summoned to jury duty or subpoenaed to appear in court as a witness by a city, the County (Monroe), the State of Florida, or the Federal Government in a criminal or civil action arising from his or her county employment. If, in the County's judgment, it is not feasible or Human Resources Page 44 practical to schedule the employee's hours of work around such. the County shall grant the employee time off with pay for the time actually spent on jury duty or in the court appearance. As conditions precedent to receiving time off with pay for jury duty or court appearance of the aforesaid nature, the employee must abide by the provisions contained above in Section 8.01 A- I, (a) and (b). 4. If any employee is subpoenaed as a witness other than in the specific circumstances described above, the County will grant the employee leave without pay to the extent that the Department Head so approves. 5. Notwithstanding any of the provisions of Section 8.01-A above, no employee shall receive pay from the County where the employee is a plaintiff, claimant, or witness against the County in a matter contrary to the County's interests. 6. Fire/EMS Personnel on 24/48 shift - refer to EMS Policy Addendum - Section A-1 for work related court appearances/depositions. 7. Any employee subpoenaed or otherwise requested to be a participant in any legal matter related to County business must inform the County Attorney's office as soon as possible after receiving said notification. B. ELECTIONS An employee who is a properly registered voter and who lives at such distance from his assigned work locations as to preclude his voting outside of working hours may be authorized by the Department Head to have a maximum of two hours of leave with pay for this purpose. An employee shall not be granted administrative leave to work at the polls during elections. C. MEETINGS In cases where it is deemed by the Division Director to be beneficial to the County, an employee may be granted leave with pay to attend such professional meetings or conferences as may contribute to the effectiveness of his employment (See Section 15 - Travel - for reimbursement procedures). D. EXAMINATIONS An employee may be granted leave with pay while taking examinations before a Federal, State or County agency, provided such examinations are pertinent to his County employment, if approved by the Department Head and the Division Director. E. SHORT-TERM MILITARY TRAINING An employee who is a member of the United States Armed Forces Reserves, including the National Guard, shall be entitled to leave without loss of pay or time during periods in which he is engaged in annual field training or other active duty for training exercises. Such leave with pay Human Resources Page 45 shall not exceed seventeen (17) calendar days in anv one calendar year. Military earnings will be retained by the employee. F. NATIONAL GUARD SERVICE An employee who is a member of the Florida National Guard shall be entitled to leave without loss of pay or time on days when ordered to active service by the State or Federal Government. Such leave with pay shall not exceed seventeen (17) calendar days at any one time. NOTE: Paragraphs "E" and ' F' do not include armory drills or multiple training assemblies. G. EXAMINATIONS FOR MILITARY SERVICE An employee who is ordered by his Selective Service Board to appear for a physical examination for induction into the military service shall be granted leave with pay for this purpose. H. ADMINISTRATIVE LEAVE FOR RE-EXAMINATION OR TREATMENT BY VETERANS ADMINISTRATION WITH RESPECT TO SERVICE -CONNECTED DISABILITY - In Accordance With F.S. 110-119. Any employee of the County who has been rated by the Veterans Administration to have incurred a service -connected disability and has been scheduled by the Veterans Administration to be re-examined or treated for the disability shall be granted administrative leave for such re-examination or treatment without loss of pay or benefits. In no event shall the paid leave under this section exceed six (6) calendar days a year. A leave request should be submitted to the Department Head for said leave as far in advance as possible. I. BLOOD DRIVES Employees will be granted leave with pay to donate blood during the County's organized Blood Drives. J. EMERGENCY RESPONSE VOLUNTEERS 1. Any employee who is a documented member of an Emergency Response Team will not be charged annual or sick leave, or be required to use accrued compensatory time when called to respond to a legitimate emergency. The County reserves the right to require documentation that an emergency did in fact exist. 2. Any employee who is a member of an Emergency Response Team should inform the County at the time of employment interview or if already employed by the County, upon becoming a member of such a Team. Failure to do so could result in disciplinary action. Human Resources Page 46 6.02 DISABILITY LEAVE - WORKERS COMPENSATION A. ELIGIBILITY An employee who sustains a County Service -connected disability which prevents the employee from carrying out his regular duties or any other duties as assigned, shall be entitled to disability leave within the guidelines of this Section. B. DEFINITIONS 1. Date of Disability - The date on which the disability began, or the last day of duty following injury, whichever is later. 2. Service -Connected Disability - A physical condition, resulting from accident or injury in the line of duty, which prevents an employee from performing his regular duties or any other duties as assigned. C. DISABILITY DETERMINATION Determinations of the existence and service connection of a disability shall be made in accordance with the Florida State Workers Compensation Act which provides that the employer is responsible for furnishing employees, who have incurred service -connected disabilities, with such remedial treatment, care and attendance under the direction and supervision of a qualified physician, surgeon or other recognized practitioner. The County reserves the right under the provisions of this Section to specify the physician or surgeon or recognized practitioner to handle any and all service -connected disability cases. Disability determination shall be made based on: 1. All facts in the service history of the case. 2. The findings of the medical examiner assigned by the Workers Compensation carrier. 3. Such evidence as the employee may submit, at his own expense, of the service connection of his disability. 4. Other relevant evidence submitted to the medical examiner. S. There shall be no presumption that any disability is service - connected, unless such a presumption exists as a matter of law. 6. Any condition which is self-inflicted or caused by another person for reasons personal to the employee and not because of his employment shall not be considered as disability under this provision. Human Resources Page 47 D. WORKERS COMPENSATION CLAIMS 1. It is the responsibility of the employee to report any and all job related injuries to his or her immediate Supervisor as soon after the injury occurs as possible. As Monroe County has a Managed Care Program, effective 4-1-9.7, all Notice of Injury must be phoned to Worker's Compensation Section, x 4449. It is the responsibility of the Supervisor to file a Notice of Injury Form and Supervisor's Report with the Employee Benefits Section, as soon as possible. A fine of $500 will be assessed against the County by the State of Florida for a claim that is not filed on a timely basis. The Notice of Injury Form must be complete. 2. An employee who sustains a job -related injury resulting in disability that is compensable under the Workers Compensation Law, Chapter 440, Florida Statutes, shall have a seven (7) calendar day waiting period before Workers Compensation Benefit payments begin. During this waiting period, an employee may elect to use sick leave, annual leave, or documented compensatory time to receive normal salary. 3. If disability continues into the eight (8th) calendar day, normal Workers Compensation payments would begin at a rate of 66 2/3% of the employees gross salary, computed on their average weekly wage for 13 weeks prior to the date of injury, in accordance with the Workers Compensation Law. 4. If disability continues into the twenty-first (21 st) calendar day, the employee will receive Workers Compensation benefits retroactive to the date of injury, at the same rate discussed in #2, in accordance with the Workers Compensation Law. Any sick leave, annual leave, or compensatory time used by the employee for this seven (7) day period will be replaced on the books, based percentage wise on Workers Compensation Benefits paid. 5. After seven (7) calendar days, the disabled employee will continue to receive Workers Compensation benefit payments every two weeks until their physician releases them to return to work. 6. If requested by the employee, a review of the case will be made by a committee composed of a representative of the Personnel and/or Employee Benefits offices and the employee's Department Head, and a written recommendation may be made to the County Administrator that the employee be allowed to use annual leave, sick leave and/or approved compensatory time in an amount necessary to receive a salary amount that will supplement their Workers Compensation payments up to the total net salary received prior to the disability. In no case shall the employee's salary and Workers Compensation benefits combined exceed the amount of their regular salary payments. Human Resources Page 48 7. The disabled employee will continue to accrue both sick leave and annual leave during the period of disability. 8. An employee placed on light -duty by his or her physician, may enroll in the Light -Duty Program as written in Administrative Instruction 4707. 9. When an employee on Workers Compensation can no longer perform his/her normal job duties, he/she may be separated from employment, if approved by the County Administrator, in accordance with the laws of the State of Florida governing Workers Compensation and these policies and procedures. 8.03 PREGNANCY, MATERNITY AND CHILD CARE LEAVE A. PREGNANCY 1. An employee who knows in advance that he/she intends to request Maternity or Child Care leave shall notify, in writing, their Department Head or Supervisor at least thirty (30) days prior to the requested time of leave. Eligible employees shall submit a "Family Medical Leave Act Leave Request" form (see Section 8.05) 2. An employee whose duties may be considered hazardous enough to cause the employee to become medically disabled anytime during the pregnancy, will be required to furnish medical evidence of her fitness to continue in the performance of her duties beyond that time. A Department Head may request this determination at any time he/she deems necessary for the health or welfare of the employee. 3. A pregnant employee may continue her employment as long as she is able to properly perform the required duties of the job, and these duties are stated in writing by her physician to be non -hazardous to the employee and the unborn infant. B. MATERNITY LEAVE 1. Disabilities arising out of pregnancy, childbirth and recovery therefrom, shall be treated the same as other temporary, non -job - connected disabilities in terms of eligibility for use of sick leave, annual leave, or leave of absence. 2. A regular employee who has completed the standard probationary period, may request a maternity leave of absence without pay for childbirth, recovery and child -rearing following birth of up to six (6) months after all accrued sick and annual leave has been used. Such approval is subject to scheduling and work load requirements. The County reserves the right to require employee(s) to return to work when it is no longer medically necessary to be away from their job, if work load and scheduling requirements require the employee's return in accordance with the Family Medical Leave Act. Human Resources Page 49 3. Any such leave must be requested in advance and approved by the applicable Department Head and the Division Director, who may approve the length of said leave based on workload, scheduling and the employee's physical ability to return to work. 4. An employee approved for maternity leave shall be eligible to return to work at any time during the leave of absence upon presentation of medical certification indicating that she is able to satisfactorily perform her original duties. 5. An employee returning from an approved maternity leave of absence shall resume her duties in the position held prior to childbirth or a similar position with like pay. 6. An employee who fails to return from an approved maternity leave of absence shall be considered to have abandoned her position and shall be terminated from the County Service, unless proper resignation procedures are followed. C. CHILD CARE LEAVE An employee may request up to 4 weeks of Personal Leave in connection with the adoption or birth of a child of the employee residing in the employees household. At the discretion of the Department Head, the leave, if approved, may be charged to sick or annual leave. Otherwise, the leave shall be leave without pay. All such leave approval will be subject to scheduling of the workload of the department. Child Care Leave is an absence available to eligible employees under the Family Medical Leave Act for up to 12 weeks (see Section 8.05). 8.04 LEAVE OF ABSENCE WTrHOUT PAY A. EDUCATIONAL LEAVE 1. An employee with at least twelve (12) months of satisfactory service may be granted leave of absence without pay for the purpose of furthering his/her education, if it is determined by the County Administrator, in his discretion, that such education will be of clearly foreseeable benefit to the County. 2. Leaves of this type shall not normally e however, the Division Director may approve if an individual case is justified and Administrator. B. MILITARY LEAVE xceed twelve (12) months; an extension of such leave approved by the County 1. An employee who is drafted, who volunteers for active military service, or who is ordered to active duty in connection with reserve activities other than short-term training as outlined in Paragraphs 8.01- 17 "E" and " F', shall upon presentation of a copy of his official orders, be granted leave without pay extending ninety (90) calendar days beyond the date of separation from the military service. Human Resources Page 50 2. All unused leave benefits shall be retained by the employee who shall have the same credited to his record if he applies for reinstatement to his position. During such leave of absence, the employee shall be entitled to preserve all rights established by County Personnel Policy. 3. Upon separation from the military service, the employee must request reinstatement within ninety (90) calendar days after separation. The County may require the employee to submit to a medical examination to determine his fitness to perform the duties of the position to which he may be returning. If the employee volunteers for an additional tour of military duty, he shall forfeit his reinstatement rights. C. PERSONAL LEAVE 1. If recommended by the Department Head and the Division Director, an employee with at least twelve (12) months of satisfactory service may be granted leave without pay for reasons other than those stated in the previous paragraphs for a period not exceeding six (6) months; provided the County Administrator deems such leave to be justified, and not detrimental to the operations of the Department. D. SCHEDULING LEAVE OF ABSENCE WITHOUT PAY All leave of absence without pay must be approved in advance. The employee shall fill out the Leave Request Form and submit it to the Department Head for approval. The Department Head will submit the approved form to the Division Director for approval. Any request for leave of absence without pay must be approved by the County Administrator. A completed copy of the Leave Request Form will be forwarded to the Payroll Department along with the Employee's Time Sheet whenever possible official personnel file. E. LEAVE OF ABSENCE - GENERAL PROVISIONS 1. RETURN FROM LEAVE OF ABSENCE An employee returning from approved leave shall be entitled to employment in the same Department and the same or equivalent classification wherein employed when said leave began, provided the employee is physically capable of performing the required duties, and that there is such a vacant and budgeted position available. 2. EFFECTIVE DATE Leave of absence shall be effective the first date of approved absence and shall continue through the last date of approved absence. Human Resources Page 51 3. LIMITATIONS ON LEAVE WITHOUT PAY a. Fringe Benefits - An employee shall not earn benefits while on leave without pay status. This would include, but not necessarily be limited to, sick, vacation and holidav leave. b. Wage Increases - The time during which an employee is on leave without pay may not count toward eligibility for wage increases. Nor may an employee receive any wage increases while on leave without pay; unless special approval is obtained from the County Administrator. c. Employees on an approved leave of absence without pay that is covered under the Family Medical Leave Act will not lose the benefits that the employee earned or was entitled to before using FMLA leave. F. INSURANCE COVERAGE WHILE ON LEAVE OF ABSENCE WITHOUT PAY 1. The County will continue to maintain group insurance benefits for employees while on approved paid leave status. 2. Employee Coverage - In most cases the County will not maintain Group/Health insurance benefits for employees on leave without pay status, except in the case of debilitating/catastrophic illness, of the employee or member of the immediate family for which the care of that family member is the responsibility of the employee. The Employee Benefits Section will review each case and make a recommendation to the County Administrator as to whether employee coverage should be maintained as verified by a physician, up to six (6) months, if approved by the County Administrator. Employees covered under the Family Medical Leave Act will be granted up to 12 weeks of insurance benefits as stated in Section 8.05. Said employee may make monthly premium payments for themselves if approved leave without pay extends beyond six (6) months. Failure to make payment(s) on a timely basis may result in termination of coverage. 3. Dependent Coverage - Monroe County employees elect dependent coverage under a group plan at their own expense. Monroe County uses the bi-weekly payroll deduction system for payment of dependent coverage premiums for employees. However, if for any reason an employee is not due to receive a paycheck in an amount sufficient to deduct said premium, that employee is responsible for making the premium payments to the Employee Benefits Section in accordance with their payment schedule. As long as an employee is in good standing, as in the case of approved leave without pay status, he or she may make premium payments and coverage will remain in effect. Failure to make payments on a timely basis may result in termination of coverage. 4. Extension of Group Insurance benefits will be awarded in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA), Human Resources Page 52 effective October 1, 1986. Information regarding this Act is available in the Employee Benefits Section. 8.05 FAMILY AND MEDICAL LEAVE OF ABSENCE (FAMILY AND MEDICAL LEAVE ACT OF 1993. A family leave of absence, and/or medical leave of absence, is an approved absence available to eligible employees. An eligible employee is entitled to 12 weeks of leave during the calendar year to care for: - The employee's newborn child or child placed with the employee for adoption or foster care (leave must conclude within 12 months of placement and may be taken by either parent); - The employee's spouse, child or parent with a serious health condition, or - An employee's own serious health condition. If the employee is requesting FMLA qualifying leave, all accrued sick and annual leave must be taken first. Paid leave so taken will be counted against the employee's total FMLA leave entitlement. The employee will be notified that paid leave will be counted as FMLA leave within two (2) business days of making that determination. The notice will be confirmed in writing to the employee on or before the following payday. A. ELIGIBILITY To be eligible, an individual must have been employed at Monroe County: - For at least 12 months, and - For at least 1,250 hours of service during the 12 month period immediately preceding the leave. Subsequent eligibility will be determined by looking back to the beginning of that calendar year from the first day of a new FMLA leave period which is requested by the employee. FMLA leave may not exceed twelve weeks during the calendar year. The determination of whether an employee meets the minimum service and hour requirements of the FMLA must be made by Monroe County as of the date the leave commences, and Monroe County will advise the employee whether he or she is eligible with two (2) business days after making a determination of eligibility. B. PROCEDURES A "Request for Family and Medical Leave of Absence" form must be completed by the employee as part of the notice and reporting requirements. After completing the form in detail and signing it, the employee should submit it to his or her immediate supervisor for approval. It should then be forwarded to the Personnel Section. The form should be submitted thirty (30) days in advance of the effective date of the requested leave. The "Certification of Fhysician or Practitioner" completed and signed by the health care provider must be attached to the leave request form. Failure to have the form completed may result in a delay for the approval of leave. Human Resources Page 53 C. BASIC REGULATIONS AND CONDITIONS OF LEAVE 1. Monroe County will require the employee to fill out a request for Family and .Medical Leave of Absence form that included the certification of physician or practitioner supporting the need for leave due to a serious health condition affecting the employee or employee's spouse, child, or parent. ?. Monroe County may, at its own expense, require a second medical opinion and periodic recertification. IF the first and second medial opinions vary, Monroe County may, at its own expense, require the binding opinion of a third healthcare provider, approved jointly by Monroe County and the employee. 3. If medically necessary, such leave may be taken intermittently or on a reduced work schedule. If leave is requested on this basis, Monroe County may require the employee to transfer temporarily to a different position which better accommodates recurring absences or a part-time schedule. The alternate position will have equivalent pay and benefits. Expectant mothers may take intermittent leave for prenatal care. The decision to grant leave or to temporarily transfer the employee on this basis rests solely with the County Administrator based on a medical certification provided with the Family Medical Leave of Absence Form. 4. When husband and wife are both employed by Monroe County, together they are entitled to a total aggregate of twelve weeks of leave - not twelve weeks each - for the birth or adoption of a child or for the care of a sick child or parent. 5. Employees requesting FMLA qualifying leave will be required to substitute paid vacation and sick leave for all or party of any (otherwise) unpaid FMLA leave. 6. While on any unpaid part of an FMLA qualifying leave, no time will be accrued by the employee. Upon return to work, leave will accrue based upon established policy. D. DESIGNATION OF LEAVE Monroe County shall designate an employee's absence toward the employee's 12-week FMLA entitlement as soon as it is known that the employee's absence qualifies as FMLA leave. Monroe County will notify the employee that his/her leave will be designated as FMLA leave within two business days. The notification to the employee can be oral, but will be confirmed in writing no later than the next regular payday. Injuries entitling employees to workers' compensation frequently qualifies as serious health conditions for purposes of FMLA leave eligibility. Monroe County shall count an employee's workers' compensation absence toward the employee's 12-week FMLA entitlement as stated above. IF it is found that the absence does not qualify under the FMLA, Monroe County will withdraw the designation with written notice to the employee. E. EMPLOYEE NOTICE AND REPORTING REQUIREMENTS 1. When FMLA qualifying leave is foreseeable, an employee must give Monroe County thirty (30) days advance notice. Human Resources Page 54 2. When such leave is not foreseeable, an employee must give notice as soon as practicable. According to the FMLA regulations, "as soon as practicable" means within one or two working days of learning of the need for leave, except in extraordinary circumstances. 3. If an employee fails to satisfy the thirty (30) day notice without reasonable excuse, Monroe County may, at its discretion, postpone the leave until the notice requirement is satisfied. 4. The employee may be required to submit periodic reports during FMLA leave regarding the employee's leave status and intent to return to work. This requirement may be satisfied by he employee's personally telephoning his or her immediate supervisor. F. HEALTH BENEFITS DURING LEAVE OF ABSENCE 1. Monroe County will continue group health coverage for an employee on leave at the same level and under the same conditions that existed while he or she was working. The employee must pay the independent coverage premium for any unpaid leave. Payment for dependent coverage must be received in the Group Insurance Office every payday in order to continue coverage. Failure to pay dependent coverage during this unpaid leave will result in termination of coverage. 2. In the event that the employee does not return to work at Monroe County following FMLA leave, the employee can be required to reimburse Monroe County for health insurance premiums paid to continue the employee's health coverage during FMLA leave, unless the employee is unable to return to work due to a continuation, recurrence, or onset of a serious health condition that would entitle the employee to FMLA leave or other circumstances beyond the employee's control. Questions regarding the FMLA should be addressed to the Personnel Section. Human Resources Page 55 STANDARDS OF EMPLOYMENT, DISCIPLINARY ACTION AND APPEALS SECTION 9 9.01 INTENTION It is the intention of the Board of County Commissioners that effective supervision and employee relations will avoid most matters which necessitate disciplinary action. The purpose of rules and disciplinary action for violating such rules is not intended to restrict the rights of anyone; but to ensure the rights of all, and secure cooperation and orderliness throughout the County Service. For minor, non -serious offenses, whenever possible, the administration of discipline will be characterized as constructive, corrective and progressive. 9.02 RESPONSIBILITY FOR ADMINISTRATION It shall be the responsibility of the County Administrator, in cooperation with Division Directors and the Board of County Commissioners to assure that disciplinary action is fair and consistent throughout the County Service. 9.03 STANDARDS OF EMPLOYMENT For the protection of Monroe County government and each employee, the following rules for personnel conduct have been established. The list includes, but is not limited to, reasons which may require disciplinary action, up to discharge. A violation of any reasonable standard of employment, whether or not specifically listed herein, will result in appropriate disciplinary action, which may include discharge for the first offense, depending upon the seriousness of the offense. A. Willful or repeated violations of County, State or Federal law or of these policies and procedures. B. Insubordination - Refusal to respond to authority's reasonable request(s) or instruction. C. Misconduct - Behavior not conforming to prevailing standards - Misconduct may include, but is not limited to the following: Fighting or inflicting bodily harm on another person, gambling, dangerous horseplay, being under the influence or possession of illegal drugs or alcoholic beverages, immoral behavior, smoking in restricted areas, any violent act or language which adversely affects morale, production, or maintenance of discipline. Rudeness or acts of disrespect to members of the public, supervisors, or other employees; on duty or off duty. Employees shall not consume or be under the influence of alcoholic beverages, while on duty or in County uniform, nor shall they use or be under the influence of, consume or possess illegal substances while on duty, in County uniform or on County property at any time. Human Resources Page 56 D. Criminal, dishonest, infamous or notoriously disgraceful conduct adversely affecting the employer/employee relationship (on duty or off duty). E. Conviction of (or a plea of nolo contendere in connection with) a felony or gross misdemeanor, or conviction of a misdemeanor or ordinance violation involving moral turpitude. F. Theft or pilfering - Possessing, unauthorized use of, taking, removing, destroying or tampering with County property without proper authorization. G. Fraud or Dishonesty - Falsification of County documents or records or failure to give complete information for personnel records. Intentionally making false statement either oral or written about the County, other employees, supervision, oneself or work situations. H. Absenteeism or Abuse of Sick Leave - Habitual or excessive absence from work, or failure to return to work promptly upon expiration of leave or vacation. Excessive absences, even if caused by a legitimate illness, seriously impairs the County's operations, and such absences may be grounds for separation. I. Tardiness - Failure to report to assigned work station on or before the scheduled starting time. J. Leaving Assigned Work Area - Except for emergency reasons or with the Supervisor's approval, employees are not to leave their assigned work area. K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty. Unauthorized sale of articles or services, distribution or posting of literature, canvassing, polling or petitioning- L. Abuse of County Policies and Procedures - Misuse or abuse of established County policies such as vacation, leave of absence, excused absence, sick leave, or any rule, regulation, policy or procedure. M. Safety Violations - Unauthorized possession and/or use of weapons, ammunition or explosives. Failure to observe County and general safety practices and regulations. Neglect in the safety of others or the committing of unsafe acts in the use and care of County property or equipment. N. Illegal driving - Driving private or County vehicle while on County business when not possessing a valid Florida and County driver's permit or liability insurance, in accordance with the Monroe County Safety Policies. O. Malicious or Negligent Destruction of Property - Willful or malicious destruction of County property. Damage of property by failing to use proper equipment, care and good judgment. P. Incompetence or Inefficiency - Inability or failure to perform work of an acceptable standard after a reasonable trial and training period. Human Resources Page 57 Q. Discrimination in Employment - Discriminating against an employee or an applicant for employment because of race, color, national origin, sex, religion, creed, sexual preference, handicap or age as defined in State and Federal laws. R. Acceptance of unauthorized compensation. S. Misfeasance - The doing of a lawful act in an unlawful or improper manner so that there is an infringement on the rights of another. 9.04 DISCIPLINARY ACTIONS Disciplinary actions are a means of calling employees to accountability for some act of commission or omission which is regarded as injurious to the employer/employee relationship. The act could be relatively minor, or quite serious. Serious acts may warrant immediate discharge, even for the first offense. All employees should be made aware that a system of discipline exists for the benefit of all, and will be administered without favor for the sake of orderliness and proper compliance with reasonable rules and regulations pertaining to conduct and the performance of work. When it is necessary that disciplinary action be taken, the degree of action shall be based on the following considerations: 1. There can be no mechanical formula for the application of discipline. Each instance of misconduct or deficiency must be viewed and judged individually. For most lesser or first minor offenses, oral or written reprimand shall be appropriate discipline. 2. When applicable, discipline for employees who commit multiple non serious offenses of a like or different nature shall be more progressively stringent until the employee corrects the deficiency, or failing this, discharge is considered to be necessary. 3. Department, Division Directors, the County Administrator, their Deputies and others occupying positions of high trust and authority will be held to higher disciplinary and ethical standards than that of other employees. Therefore the rules of progressive discipline for violations of Personnel Policies and Procedures, and/or State and Federal Statutes may not be applicable. 4. Disciplinary actions shall be severe enough to constitute a reasonable attempt to bring about correction. 5. Acceptable disciplinary actions shall be oral warning, written warning, written reprimand, suspension (with or without pay), discharge, and in some cases demotion, depending on the offense. 6. Discharge for continued commitment of non serious, minor offenses shall be resorted to only when sufficient other efforts to bring about correction have failed, or when the offense is sufficiently serious in and of itself to warrant termination. Human Resources Page 58 7. In determining the appropriate against an employee, the County minimum, the following factors: disciplinary action to be imposed Administrator will consider, at a a. The seriousness and circumstances of the particular offense. b. The past record of the employee and his length of service. C. The lapse of time since the employee last received a disciplinary action. d. The County's practice in similar cases. 9.05 AUTHORIZATION FOR DISCIPLINARY ACTION A. All written reprimands, suspensions and recommendations for suspension or discharge actions must be approved by the Department Head and the Division Director and the letter concerning the action must be forwarded immediately to the Personnel Section for review, and then approved by the County Administrator or his designee. B. In case of a recommendation for discharge, the employee may be suspended pending approval of discharge by the County Administrator. C. Disciplinary actions applied to Department Heads or Division Directors may be initiated by the County Administrator. 9.06 ORAL WARNING An oral warning is given to an employee to take recognition of a violation of County policy, rule, regulation, standard or of an unsatisfactory habit, practice or act which, if repeated or continued, will subject the employee to a more severe disciplinary action. The oral warning should be noted in writing, a copy of the notation placed in the employee's official personnel file, specifying the nature of the warning and the date given. 9.07 WRITTEN REPRIMAND A letter of reprimand constitutes formal action against an employee for more serious types of violation of County rules or standards of employment, or where less stringent actions have not been successful in correcting a deficiency. The letter of reprimand must identify the offense or deficiency and the correction required. A letter of reprimand can be used to impose restrictions on an employee, such as attendance, conduct or special procedures to be followed. Restrictions so imposed shall be reviewed periodically and be removed, modified, or continued with a follow-up letter. A copy of all letters should be placed in the employee's official personnel file within 15 days of writing, whenever possible. 9.08 DEMOTION Human Resources Page 59 Whenever it becomes apparent that an employee can no longer efficiently perform any or all of the duties and responsibilities of his or her position, or when it is otherwise deemed to be in the best interest of the County, an employee may be demoted. A demoted employee shall be notified by the County Administrator or his designee at the time of demotion of the specific reason for the action and correction expected, if any. Such notification shall be given the employee in writing. A copy of the notification will be placed in the employee's official personnel file along with a written report on all appropriate information concerning the action. An employee may be reclassified to a different title and/or pay grade at any time the County Administrator deems appropriate. A temporary reclassification does not constitute a demotion, nor does a change in title and/or pay grade which results from an evolution into a reduction of duties and/or responsibilities. 9.09 SUSPENSION 1. An employee may be suspended with or without pay by the Department Head and/or Division Director with the approval of the County Administrator. The employee must be notified in writing of the suspension period and citing the reason for the suspension. 2. An employee may be verbally suspended with or without pay by a Supervisor for the balance of a workshift, or a longer period of time if needed until the Department Head or appropriate authority can be contacted, if the employee's conduct impairs normal working operations. The Supervisor must then report the incident to the Department Head, who with the approval of the Division Director must either concur with, or cancel the action, in writing, to the employee citing the reason for the suspension, and corrective action expected. Additional time of suspension may be recommended by the Department Head with the approval of the Division Director and the County Administrator at that time. A copy of the suspension notification will be placed in the employee's official personnel jacket along with a written report containing all appropriate information concerning the action. 9.10 DISCHARGE Discharge is appropriate for first offenses of serious misconduct as well as repeated offenses of less serious misconduct. Sufficient documentation must be present to merit recommendation by the Department Head and the Division Director to the County Administrator for discharge of any employee. 9.11 PROCEDURE FOR IMPOSING DISCIPLINE 1. This procedure shall apply in cases where an employee may be subject to suspension, demotion or termination. Furthermore, this procedure shall not Human Resources Page 60 necessarily apply to contract employees, probationary employees, temporary employees or grant employees. Z. When the County receives information that an employee has engaged in certain conduct which could warrant disciplinary action (other than a verbal warning or written reprimand, which may be issued by the appropriate Supervisor) the employee will be advised, in writing, that disciplinary action could possibly be imposed against him/her. 3. The employee will be provided with a written statement of the charges including sufficient facts and reasons therefore as will enable the employee to provide an explanation and/or defense. An employee against whom disciplinary charges have been made will remain in pay status until such time as the County Administrator renders his decision pursuant to paragraph 6(e), below. However, nothing herein shall preclude the County Administrator, or other authorized personnel, from imposing immediate disciplinary action, without advance notice, where it is believed by the person taking that action that giving such notice would result in damage to the property of the County, would be detrimental to the interests of the County or would result in injury to the employee, a fellow employee, or the general public. In such circumstances, said employee will be given reasons for such action after it takes effect and thereafter will be entitled to utilize the hearing procedure set forth in the following paragraphs. 4. The hearing shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring an attorney or qualified representative to assist or advise him, but discovery, cross-examination, and similar legal procedures are generally not permissible. An employee who wants to engage in discovery, cross-examination, or other legal procedures must make an advance written application to the hearing officer. The hearing officer's decision is final.. 5. The informal hearing will be conducted before a hearing officer who shall be: a. A Division Director or the County Administrator where the employee charged is a Department Head; b. The County Administrator or his designee where the employee charged is a Division Director; or c. A Division/Department Head or a designee where the employee charged is an employee holding Career Service Status and to whom section A and B above do not apply. d. The County Administrator may serve as hearing officer whenever he/she sees a need to do so. 6. The hearing will be informal and will be conducted as follows: a. At least two working days prior to the hearing date, the employee shall provide the individual conducting the hearing with a list of any witnesses or documents which the employee wishes to offer at the hearing. b. The employee may be accompanied by legal counsel of his/her choice. If the employee intends to be represented by counsel at said Human Resources Page 61 hearing, notice of such must be provided to the hearing officer as far in advance of the hearing as possible. The hearing officer may reschedule the hearing if necessary. c. During the hearing, the hearing officer will orally review the charges with the employee. The employee shall have the right to respond to the charge(s) made against him/her, either orally and/or in writing. The employee may present documentation to the hearing officer and may, if appropriate, be permitted to call witnesses in support of his/her case. d. The hearing officer may consider any available documentation and may discuss the charges with any witness he/she deems appropriate. The hearing officer shall decide what evidence -- either in the form of witness testimony or documents -- may be introduced. Cumulative or irrelevant evidence will not be permitted. e. The hearing officer shall render a final written decision within ten (10) calendar days after the hearing. The decision shall advise the employee of whatever action, if any, the hearing officer is recommending to be taken against the employee. The hearing officer's recommendation will be forwarded to the County Administrator (through the appropriate Department and Division Director, if applicable). Disciplinary action (except for verbal warning and written reprimand, which may be issued by the appropriate Supervisor) becomes final when approved by the County Administrator. 7. Employees who are suspended without pay, discharged, given a reduction in pay or a demotion (as defined herein) may appeal said disciplinary actions only to the Career Service Council as provided in Section 9.15. Other forms of discipline may be appealed pursuant to Section 10. 8. During the period between the first notice and the effective date of the action, the employee shall be expected to perform his usual duties without disrupting fellow employees, or other persons, or the agency's activities. If, however, it is deemed highly desirable or necessary that the employee not continue to perform the same duties in the same location during this period, the County may temporarily assign the employee to other duties. 9.12 POSSESSION OF WEAPON OR FIREARM It is the policy of Monroe County that no employee shall carry or otherwise possess a weapon while on duty or in uniform, including firearms. If the performance of job duties require the use or possession of a weapon or firearm, prior approval from the County Administrator must be obtained. 9.13 INDICTMENTS, PROSECUTIONS, ARRESTS It is the responsibility of Monroe County to maintain a proper workforce. Employees who are arrested, indicted by a Grand Jury, or on whom information has been filed by a prosecuting official, shall be given a pre -determination hearing to determine the effect said action and/or circumstances surrounding Human Resources Page 62 said actions has on his or her employment with the County, which may result in disciplinary action. If the employee is tried and found guilty and the conviction is not reversed he or she may be terminated from his or her position in the County Service. 9.14 FAILURE TO COOPERATE IN A [OB-RELATED INVESTIGATION 1. As a condition of employment, any County employee may be required, upon due notice, to cooperate with respect to any job -related hearing or investigation scheduled by the County, or any person, commission, board or body authorized to act on its behalf. This duty of cooperation also extends to any 'outside" agency, body or court of law with respect to any job -related matters. 2. Any employee who refuses to appear at any such hearing or inquiry, or who having appeared fails to answer questions related to the performance of their official job duties will be considered to have resigned from their employment with the County. 9.15 APPEALS A Career Service employee who has been suspended without pay, discharged, given a reduction in pay or a demotion (as defined herein) shall have only the right to appeal said action to the Career Service Council by filing a petition with said Council within thirty (30) days following such suspension, discharge, reduction in pay, or demotion. Failure to file a timely appeal shall result in the forfeiture of all right to challenge/grieve the discipline. There shall be no appeals to the Board of County Commissioners and/or the County Administrator. Human Resources Page 63 EMPLOYEE COMPLAINT/GRIEVANCE PROCEDURE SECTION 10 10.01 COMPLAINT/GRIEVANCES In the event an employee believes that the rules contained in this manual have been misapplied/violated, he/ she must utilize the following procedure, except in the cases of suspension, demotion or termination - See 10.01 F. Failure of the grieving employee to follow the time limits will automatically result in a final and binding denial of the grievance. If the County does not follow the time limits, the appropriate County official will be deemed to have denied the grievance and it may proceed to the next step. A. Step 1: The aggrieved employee shall present his/her grievance orally or in writing to his or her Supervisor within fifteen (15) working days of the incident to be grieved. Discussion will be informal for the purpose of resolving differences in the simplest and most direct manner. The immediate Supervisor shall consult with the Department Head, reach a decision, and communicate that decision orally or in writing to the aggrieved employee within ten (10) working days from the date the grievance was presented to him or her. Supervisors are not empowered to make policy decisions. B. Step Z: If the grievance is not resolved in Step 1, the employee shall reduce the grievance in writing, sign it, and present it to the Supervisor . The Supervisor shall attempt to resolve the issue(s) concerning the alleged grievance within ten (10) working days of the receipt of the written grievance. Should the grievance still not be resolved at this point, it shall be presented to the Department Head for review. The Department Head shall confer with the immediate Supervisor and they shall attempt to obtain the facts concerning the alleged grievance, and within ten (10) working days of receipt of the written grievance, answer the employee in writing or schedule a meeting with the employee. If a meeting is held, the Department Head shall notify the aggrieved employee in writing of his or her decision, no later than ten (10) working days after the meeting. The meeting may be rescheduled by the Department Head for a valid reason. C. Step 3: If the response from the Department Head is not satisfactory, the employee may present the grievance form to the Division Director , who may confer with anyone he/she deems appropriate to obtain the facts concerning the alleged grievance, and within ten (10) working days of receipt of the grievance, schedule a meeting with the employee. The Division Director shall notify the aggrieved employee in writing of his/her, decision no later than ten (10) working days after the meeting. D. Step 4: If the response from the Division Director is not satisfactory, the employee may bring the grievance form to the Personnel Office, for review before the Employee Grievance Council. This Council will provide an additional avenue for the employee to pursue in the processing of appropriate complaints Human Resources Page 64 or grievances. By the establishment of the Employee Grievance Council, the employee whose problem is not resolved by the Division Director , may have the opportunity appear before this Council of peers and present his/her case. The Employee Grievance Council is empowered to call all necessary witnesses before them and to subsequently make their recommendations concerning disposition actions to the County Administrator. The decision of the Council is not binding; final determination will be made by the County Administrator. (Please refer to Monroe County Administrative Instruction 1005 for rules and procedures governing the Council.) The County Administrator shall furnish a copy of his decision to the aggrieved employee within fifteen (15) working days of receipt of the Councils recommendation (s). E. Any complaint/grievance involving matters that pertain to Personnel, Policy and Procedures may be addressed in writing to the Employee Grievance Council, (via the Personnel Office) who will forward to the Council to determine whether the matter is appropriate to be considered by the Council. If deemed appropriate by a majority of Council members, the Personnel Section will schedule the airing of the Grievance at the earliest convenience. Council. The Council is empowered to call all necessary witnesses and make a recommendation concerning disposition to the County Administrator whose decision is final. F. This Procedure does not apply to an individual who has been suspended, discharged, reduced in pay or demoted. Such individuals shall appeal in accordance to Section 9.15 hereof. G. If an employee does not answer to a Department Head and/or a Division Director, the Personnel Section will assist the employee in moving through the appropriate steps of this grievance procedure. H. The by-laws governing the establishment and operation of the Employee Grievance Council may be reviewed in Administrative Instruction 1005.1. I. If the grievant feels the issue has not been satisfactorily resolved, the employee may appeal to the County Administrator. Human Resources Page 65 SEPARATIONS SECTION 11 11.01 RESIGNATIONS A resignation is defined as an action whereby an employee voluntarily leaves the County Service with or without the giving of notice and/or as any employee conduct which is stated herein to constitute a resignation. An employee wishing to leave the County Service in good standing shall file with the Department Head a written letter of resignation stating the date and reasons for leaving, 14 calendar days prior to the effective date of resignation. Failure to comply with this requirement may be cause for denying such employees re-employment rights and payment of unused leave. Unauthorized absences of three (3) days or more may be considered a resignation. 11.02 LAYOFFS Should it become necessary to abolish a position or reduce the number of County employees because of lack of work, shortage of funds, re -organized and transferred functions to an existing County employee, or for other legitimate reasons, the County Administrator/Board of County Commissioners may lay off as many employees as required, after two weeks notice. There shall be no appeal except the internal grievance proceedings. No regular employee shall be laid off while there are temporary or probationary employees serving in the same class in the same department. Such laid off employees shall be given priority of re -hire, in the event the position(s) is/are re-established, based on seniority and previous performance evaluations, for a period of time to their length of continuous service, but not to exceed one year. Such employees will also be eligible for promotional opportunity privileges for a period of one year after date of lay-off. 11.03 RETIREMENT Employee benefits upon retirement will be based upon the regulations of the State and County Government, Employees Retirement System Law, Social Security Act, and any other provisions which may be in effect at the time of retirement. 11.04 DISCHARGES A discharge occurs when an employee has been involuntarily separated from County Service, usually for cause. Employees discharged for disciplinary reasons may not be eligible for re -hire and may lose all seniority and reinstatement privileges. Human Resources Page 66 11.05 EXIT INTERVIEWS It is the desire of the County to determine why good employees leave the County Service. An exit interview program has been established for the purpose of determining the causes and possible solutions of turnover among County personnel. If an employee wishes, he or she may request an exit interview with the Personnel Director by contacting the Personnel Office. The Personnel Director or County Administrator may also request an interview with an employee who has made known his or her intention to leave the County Service. The information obtained during the interview will be used solely for the purpose of identifying or solving problem areas, and will not become part of the employee's personnel record unless authorized in writing by the employee. Human Resources Page 67 SOLICITING SECTION 12 12.01 SOLICITING 1. No employee shall be permitted to solicit any other employee during working time. Working time means the time when either employee (solicitor or solicitee) is on duty and not on an authorized break or meal period. 2. No employee shall be permitted to distribute leaflets, notices or other materials, or pass petitions during working or non -working time in work areas. Such distribution can take place only in non -work areas and during non- working time. 3. No non -employee shall be permitted to enter County premises or property at any time for the purpose of soliciting employees or distributing or posting any written, printed or other material except in those areas customarily open to the public or vendors. 4. Limited exceptions to the above rules may occur but only upon application to and approval by the County Administrator. 5. It is intended that the above rules shall be interpreted and applied in accordance with applicable law. Human Resources Page 68 EMPLOYEE PERFORMANCE EVALUATIONS SECTION 13 13.01 POLICY All Departments shall follow the written procedures below in evaluating the performance of all employees on an impartial basis using standard evaluation forms and Employee Performance Evaluation Manual provided by the Personnel Section. 13.02 PURPOSE Employee performance evaluations shall be used for, but not limited to, the following purposes: A. To inform the employee of strong and weak points in his performance, as well as training needs and improvements expected. B. To recognize the employee's potential for promotion. C. To determine the employee's eligibility for merit salary advancements. D. As a basis for taking disciplinary actions against the employee. E. To assist in determining the order of layoffs and reinstatements. 13.03 PROCEDURES A. Each employee shall have his performance evaluated on a periodic basis, as follows: 1. All performance evaluations shall be made by the employee's immediate Supervisor (with input from anyone deemed appropriate by the Supervisor) and reviewed by a higher level Supervisor whenever possible. The immediate Supervisor's final evaluation shall not be changed by higher level Supervisors; however, reviewing Supervisors shall certify that they reviewed the rating and may attach any written comments they deem appropriate concerning the evaluation. 2. Each new hire and each employee who has been given an original reinstatement, promotion, demotion, or re -assignment appointment shall generally be evaluated prior to the completion of six (6) months service in the position. 3. In accordance with Section 2.04, Probationary Period, an employee serving a 3 month probationary period because of a promotional opportunity transfer will generally be evaluated around reaching the end of that 3 month period. Human Resources Page 69 4. New regular employees will generally be evaluated on a semi-annual basis around the time of reaching their one-year hire date. 6. A Department Head may authorize an evaluation at any time he or she deems appropriate. 7. Each employee shall sign the form indicating they have reviewed the evaluation. 8. If an employee disagrees with an evaluation, he/she has the right to answer in writing. 9. The original, completed evaluation form, as well as any written material from the Supervisor, the Department Head, or the employee, shall be placed in the employee's official Personnel Jacket. B. If an employee receives a marginal or below satisfactory rating in any category, the immediate Supervisor shall work with the employee in an effort to assist him/her in improving job performance. Such employees, if retained by the department, shall have their performance re-evaluated in the category(s) deemed marginal or below satisfactory every thirty (30) days thereafter until: 1. His/her performance has improved and is evaluated at least satisfactory; or 2. Three (3) months have lapsed without the employee receiving a rating of at least satisfactory. In such cases, appropriate action should be taken. C. After a rating has been finalized at all levels, the results of the performance rating shall be discussed with the employee, and upon request, he/she shall be furnished a copy of the completed rating, as well as any pertinent written material. Human Resources Page 70 EMPLOYEE INSURANCE COVERAGE SECTION 14 14.01 COVERAGE All full-time, regular employees are covered by life and accidental death and dismemberment insurance paid for by the County. The amount of such insurance is determined by the Board of County Commissioners. Group hospitalization insurance coverage for full-time employees is paid for by the County at a rate approved by the Board of Commissioners. Dependent coverage will be available for those eligible at group rates, paid for by the employee. The County may change its benefit program at any time, for example, by adjusting benefits, changing employee contributions, changing deductibles, and/or selecting other insurance carriers. 14.02 DEFINITIONS A. Domestic Partners. "Domestic Partners"Z are two adults who have chosen to share one another's lives in a committed family relationship of mutual caring. Two individuals are considered to be Domestic Partners if: 1. they consider themselves to be members of each others immediate family; 2. they agree to be jointly responsible for each other's basic living expenses; 3. neither of them is married or a member of another Domestic Partnership; 4. they are not blood related in a way that would prevent them from being married to each other under the laws of Florida; 5. each is at least of the legal age and competency required by Florida law to enter into a marriage or other biding contract; 6. they must each sign a Declaration of Domestic Partnership as provided for in Section 14.03; 7. they both reside at the same residence. B. Joint Responsibility for Basic Living Expenses. "Basic living expenses" means basic food and shelter. "Joint responsibility" means that each partner agrees to provide for the other's basic living expenses while the domestic partnership is in effect if the partner is unable to provide Z Resolution 081-1998 Human Resources Page 71 for himself or herself. contribute a It does not mean that the Corn equally or jointly to basic living expenses partners must Competent to Contract. Partners are "Competent to Contract" D. Domestic mentally competent to contract. means the he two formed b P- "Domestic Partnership" means the Y two individuals who have met the criteria listed above file a Declaration of Domestic Pa entity E. Declaration of Partnership as described below. and Domestic Partnership Partnership" or "DDP" ' "Declaration Director. is a form provided b the °f Domestic that the By signing it, two People swear rider Human Resources Y meet the requirements of the definition of perjury Partnership when they sign the statement. of domestic Partner to provide a mailing address. The form sha1I require each � Dependent. "Dependent" a means an individual who Iives household domestic partnership and is: within the 1 • A biological child or adopted child of a domestic a 2• A dependent as defined under County partner; or ty employee benefit plan 3. A ward of a domestic partner as determined in a Proceeding. guardianship G- Employee means an employee of the Board of County the constitutional officers or the Where the context is otherwise. Mosquito Cont of Cgoa d ssex e except rwise. ,except 14.03 ESTABLISHING A DOMESTIC PAR A. An em to ee TNERSHIP P Y and his/her domestic partner as set out in Section 14.02 are eligible to declare a Declaration of Domestic Pa DDP) in the presence of the Partnership (hereafter employee partner may Homan Resources Director, or the Human Resources Directoresent a signed and notarized DDP to the H birth of each of The DDP shall include the name and date of the domestic partners, the address of their common household, and the anes and dates of birth of any dependents of the domestic partnership, and shall be signed, Penalties of perjury by both domestic under the and notarized. Partners and Pain and B- As further evidence of two individuals being witnessed (two) Partnership, to of he followingg involved in a domestic With the DDP to the H documents must be presented along I. A lease, deed or uman Resources Director: mortgage indicating that both parties are joint Z• Dver's licenses enses for both partners 3' Passports for both a p rs showing the same address; 5.4. verification of a joint ank account the avings or Bess; - Credit cards with he same account numbers in both names; 7- Powers of attornev- or $• Joint title indicating that both partners own a vehicles. C• An individual cannot become a member of until at least six months after any her domestic Partnership d amestic partnershiprtnership of which p she or he was a member has ended and a notice that the artnership has ended was given as provided for in Section 14.04. apply if their domestic partners deceased. This does not Human Resources Page 72 D. Domestic partners may amend the DDP to add or delete dependents or change the household address. Amendments tot he DDP shall be executed in the same manner as the declaration of a domestic partnership. 14.04 TERMINATION OF A DOMESTIC PARTNERSHIP A. A domestic partnership is terminated when: 1. one of the partners dies; Z. one of the partners marries; or 3. a domestic partner files a termination statement with the Human Resources Director. A domestic partnership may be terminated by a domestic partner who files with the Human Resources Director by hand or by certified mail, a termination statement. The person filing the termination statement must declare under pain and penalties of perjury that the domestic partnership is terminated and that a copy of the termination statement has been mailed by certified mail to the other domestic partner at this or her last know address. The person filing the termination statement must include on such statement the address to which the copy was mailed. B. The termination of a domestic partnership shall be effective immediately upon the death of a domestic partner. The voluntary termination of a domestic partnership by a partner shall be effective thirty (30) days after the receipt of a termination statement by the Human Resources Director. If the termination statement is withdrawn before the effective date, the domestic partner shall give notice of the withdrawal, by certified mail, to the other domestic partner. C. If a domestic partnership is terminated by the death of a domestic partner, there shall be no required waiting period prior to filing another domestic partnership. If a domestic partnership is terminated by one or both domestic partners, neither domestic partner may file another domestic partnership until six (6) months have elapsed from effective termination. D. It is the obligation of the employee domestic partner to notify the Human Resources Director of the termination of a domestic partnership as soon as possible after it occurs. 14.05 HUMAN RESOURCES DIRECTOR RECORDS A. The Human Resources Director will keep a record of all employees DDPs, Amendments and Termination Statements. The records will be maintained so that DDPs, Amendments and Termination Statements will be filed to which they apply. B. The Human Resources Director shall identify on the DDP what type of documents were presented for further verification of the domestic partnership. C. Upon determination by the Human Resources Director that the DDP is complete and that further evidence of the domestic partnership has been presented as provided in Section 14.03 (B); the Human Resources Director shall provide the employee with a copy of the DDP. The employee/domestic partner shall become eligible to elect domestic partnership health and other employee fringe benefits as provided in Section 14.06. It will be the employee's responsibility to notify the Employee Benefits Section of their intent to enroll the Human Resources Page 73 domestic partner and/or any eligible dependents under the Monroe County Employee Benefit Plan . enrolled in the Monroe Coun h' EmpDomestic partner/dependents the same rules and loyee Benefit Plan are subject to spouses/dependents. provision applicable to covered D. The Human Resources Director shall provide forms to employees requesting them. E. The Human Resources Director shall allow public access to domestic Partnership records to the same extend and in the same manner as any other public record. 14.06 EMPLOYMENT BENEFITS A• The County shall provide the same health and other employment fringe benefits to employees with domestic partners as to employees with spouses. As used in this section, "employees" refers to active and retired employees of Monroe County that are eligible for benefits pursuant to state law, County policies, and collective bar Ordinances, County employment B. The County shall gaming agreements. provide health insurance and benefit coverage to an employee's domestic partner as it does to an employee's spouse, and to the dependent's of an employee's domestic employee's child(ren). Partnership as it does to an health insurance coverage for her or his dom domestic paoyee rtner, witho tOt tol foregoing the right to obtain health insurance coverage or her or his doesti Partner during a fume open enrollment period C. Upon termination of a domestic partners . hip by an employee, the nonemployee domestic partner health insurance and benefits lapses. If the employee domestic partner Ieaves em to the health and benefit package of the non mp oyeet domestic partnwith the ers shall lapse on the date that the former employee's insurance lapses. D. Upon termination of a domestic partnership by the death of an employee, the surviving domestic partners health insurance and benefits coverage shall lapse as it would for the spouse of a married employee, upon the death of such employee. E. Board of County Commissioners employees shall be granted a leave of absence, with pay, for the death of a domestic member of a domestic partner to the same extent as orea spouse or fly member of a spouse. Use of the term "in-law" in employee handbooks shall include the relatives of a domestic partner. F. Board of County Commissioners employees shall be granted sick leave to care for a domestic partner to the same extent permitted to care for a spouse, and to care for a dependent of a domestic partnership to the same extent permitted to care for a child. G. Board of County Commissioners employees shall be entitled to take Parental leave to take care of a child born to his/her domestic partner or a newly adopted child to the same extent as a married person. 14.07 LIMITATION OF LIABILMES A. Nothing in this ordinance shall be interpreted to contravene the general laws of this state. Human Resources Page 74 B. Nothing contained in this Ordinance shall be construed to impose liability upon a domestic partner for the health or health expenses of his or her domestic partner. 14.08 FORMS A. The Human Resources Director shall distribute copies of the following forms to those individuals who request them: 1. Declaration of Domestic Partnership 2. Domestic Partnership Information Sheet 3. Amendment to Declaration of Domestic Partnership 4. Termination Statement of Domestic Partnership. Human Resources Page 75 TRAVEL SECTION 15 15.01 TRAVEL It shall be the policy of the Board of County Commissioners to reimburse all employees, Board members and other Department personnel for all authorized travel. Said reimbursement shall be made in the following manner: A. In County overnight travel will require the approval of the Department Head. Out of County travel will require the prior approval of the applicable Division Director or County Administrator. (See Monroe County Administrative Instruction 1003.) B. Private use of individual vehicles for county business shall be reimbursed for travel mileage in accordance with Florida Statute Chapter 112. C. Employees who use their personal vehicles for approved County travel shall be reimbursed in accordance with the information reflected on the reverse side of Form #C6 7 6. These employees should be aware that they may be subject to periodic odometer audit(s), and that the employee's personal auto insurance is primary payer in case of an accident while or County business. D. Individuals shall be entitled to per diem while on official travel in accordance with provisions contained in Chapter 112 of Florida Statutes, except the Board may authorize the reimbursement of actual expenditures where documented evidence is provided justifying actual expenses incurred. E. The County Administrator shall authorize reimbursement for lease, rental cars and/or aircraft where it is deemed by the County Administrator to be the most advantageous to the County. Employees are to waive all insurance on rental car contracts, and no reimbursement for insurance costs shall be authorized under this section. Human Resources Page 76 APPEARANCE SECTION 16 16.01 :APPEARANCE AND PROPER ATTIRE All County employees should strive to be as neat and clean in appearance as possible. Proper attire conducive to carrying out the functions of their respective positions should be worn by all employees. The Department Head will be responsible to insure that the appearance of his or her employees properly represents Monroe County in relation to their positions. Proper clothing and equipment needed to insure employee safety is required to be utilized at all times in accordance with the Monroe County Safety Policies. Human Resources Page 77 VIOLENCE IN THE WORKPLACE Section 17 17.01 The purpose of this policy is to provide a safe environment for conducting County business for employees, visitors, clients, and customers by prohibiting, preventing, and taking action in response to work -related acts of violence. 17.02 Definitions: For the purpose of this policy, acts of violence include, but are not limited to: 1. verbal abuse, assault, threatening or obscene language or behavior, or 2. aggressive, harmful, dangerous, or violent physical actions, or 3. actions which endanger county employees, directly_ or incidentally, or 4. improper or dangerous use or display of any weapon or object used as a weapon. For the purpose of this policy, work -related acts include, but are not limited to, those which: 1. take place on County premises and affect county property, employees or representatives, or 2. involve one or more County employees or representatives, acting in their official County capacity, or 3. may occur off of County premises, but are related to County business, or 4. may occur outside of normal working hours, but are related to County business or 5. involve the use of County equipment, vehicles, communications equipment (phones, radio, FAX, etc.). 17.03 Procedures: A. The County will take prompt remedial action against any employee, visitor, client, or customer who engages in any behavior prohibited by this policy. B. The County will establish security measures, to the extent practical, to ensure that County facilities are safe and secure against actions prohibited by this policy. C. Employees, supervisors, etc. will take reasonable immediate action to protect victims of violent actions from further harm. Actions which will increase any danger should be avoided. When necessary, local law enforcement agencies must be notified as soon as possible. D. After any imminent danger or threat has been dealt with, an employee, manager, supervisor, etc. has a duty to notify their immediate supervisor, Safety Manager, Risk Manager, or other appropriate person of anv incident or activity which is in violation of this policy. Reports made pursuant to this policy will be held in confidence to the extent possible. The County will not tolerate any form of retaliation against anyone who makes a report under this policy. Human Resources Page 78 E. The Personnel Department shall be notified of any prohibited acts by the affected employee, their supervisor, or other appropriate person, as mentioned in the preceding paragraph. Personnel shall determine the extent of remedial and disciplinary action to be taken. In making this determination, Personnel may consult with employees, supervisors, safety or risk management representatives, law enforcement officials, etc. Disciplinary action taken against employees who violate this policy will be carried out in accordance with Monroe County Personnel Policies and Procedures. Human Resources Page 79 A Absenteeism. 57 .abuse of County Policies. 57 ACCIDENT REVIEW BOARD. 6 Adrrurustranve Instruction. 9. 10, 21. 24. 33, 41. 49 65.76 ADMINISTRATIVE INSTRUCTION SYSTEM. 6 ADMINISTRATIVE LEAVE, 44 Affirmative Action. 5 alcohol. 5, 10, 17, 56 ANNIVERSARY. 31 ANNUAL LEAVE. 38 APPEARANCE, 77 APPOINTING AUTHORITY. 13 ARRESTS. 62 BUDGET LIMITATIONS. 32 C CAREER SERVICE, 8 Career Service Council. 63 CHANGE OF STATUS. 18 CHILD CARE, 49,50 CLASSIFICATION PLAN, 25 CODE OF ETHICS. 1, 9 COMPLAINT/GRIEVANCES. 64 confidentiaL 5, 11 continuous service, 17, 18, 66 CONTRACT EMPLOYEE, 8 Conviction, 57 COST OF LIVING. 30 County Service, 3, 4, 5, 9, 13, 30, 31, 47 66,67 Creditable Service. 17 Criminal. 57 0 DATE OF HIRE 31 DECEASED EMPLOYEE 32 DEFINITION OF SERVICE. 17 DEMOTION. 59 Destruction of Property. 57 DISCHARGE, 60 DISCHARGES. 66 DISCIPLINARY ACTIONS. 58 DISCLOSURE OF INFORMATION. I 1 Discrimination in Employment. 58 Dishonesty, 57 domestic partner. 42 drug, 5. 10. 17 Drug -Free Workplace. 10 E EDUCATIONAL LEAVE. 50 ELECTIONS, 45 EMPLOYEE RECOGNITION. 24 EMPLOYEE TRAINING, 18 EMPLOYMENT OF RELATIVES, I I EMPLOYMENT STATUS, 31 EQUAL OPPORTUNITY POLICY. 22 EVALUATIONS. 69 F_XEMPT. 33. 35 F.= INTERVIEWS. 67 rg FAMILY AND MEDICAL LEAVE. 53 Family Medical Leave Act. 49 FIREARM, 62 Fraud. 57 FUNERAL, 42 If gift, 10 grievance procedure. 16. 65 Harassment. 22. 23 HOLIDAYS, 36 HOURS OF WORE. 33 Human Resources. 4, 6, 27, 28 Illegal driving, 57 Incompetence, 57 INDICTMENTS. 62 50, 56, 63, Insubordination, 56 INSURANCE COVERAGE, 71 EDUCATIONAL ASSISTANCE PROGRAM. 19 J TOB-RELATED INVESTIGATION, 63 TURY DUTY. 44 L LAYOFFS. 66 LEAVE OF ABSENCE WITHOLT PAY. 50. 51. 52 LEAVE WITH PAY. 38 Leaving Assigned Work Area. 57 M MATERNITY. 49 MEAL AND REST PERIODS. 35 MEDICAL EXAMINATIONS. 17 MEDICAL TUSTIFICATION. 41 merit, 30, 31, 60. 69 MILITARY LEAVE. 50 Misconduct. 56 Misfeasance. 58 Human Resources Page 80 ,%tsuse of Time. 57 N NATIONAL GUARD SERVICE 46 NOTIFICATION OF ABSENCE 42 E ORAL WARNING, 59 Ordinance #038.1988, 3 Ordinance No. 008-1987, 19 OUTSIDE EMPLOYMENT. 9 P PREAMBLE, 1 Pay Plan, 28 PAYROLL CHANGES. 31 PERSONAL LEAVE, 51 PERSONNEL SECTION 4, 5 POLITICAL ACTIVITY, 8 POSITION CONTROL 13,27 PREGNANCY. 49 PROBATIONARY PERIOD, 15 PROCEDURE FOR IMPOSING DISCIPLINE 60 PROMOTIONAL OPPORTUNITIES, 21 Promotional Opportunity, 21, 33 PROPER ATTIRE. 77 PROSECUTIONS. 62 rd RESIGNATIONS, 66 RETIREMENT, 66 Review Board, 3 Risk Management, 6 S Safety Violations. 57 SEPARATIONS, 66 SERVICE -CONNECTED DISABILITY, 46 SHORT-TERM MILITARY TRAINING, 45 SICK LEAVE. 40 SOLICITING, 68 STANDARDS OF EMPLOYMENT, 56 SUSPENSION, 60 T Tardiness. 57- TEMPORARY - HIGHER CLASSIFICATION 32 Theft, 57 TRANSFERS. 18 TRAVEL, 76 TYPES OF EMPLOYMENT, 13 U unauthorized compensation, 58 V VETERANS PREFERENCE. 12 VIOLENCE IN THE WORKPLACE, 78 VOLUNTEER 11 w WEAPON. 62 WORK DAYS AND WORK WEEK 33 WORKERS COMPENSATION 47, 48 WRITTEN REPRIMAND, 59 Human Resources Page 81 Position Title: SR ADMINISTRA Position Level: 11 MONROE COUNTY JOB DESCRIPTION )R, SCSEP �e:l te: Aug 5, 1999 FLSA Status: Exempt Class Cod038 This position is responsible for the administration '"the local Senior Community Services Em to Reports directly to the Social Services Sr. Director P yment Project. 1•* Manage and coordinate project in county. Y RESPONSIBILITES 2. *Recruitment and selection of eligible participants including intake, eligibility determination and assessments. 3. *Assignment of participants to training sites and regular monitoring to ensure development and training. 4. * Participant development and training to promote job readiness and unsubsidized placement. 5. *Fiscal management, budget preparation, spending review and reporting to National Sponsor. 6. * Supervise staff and worksite supervisors in the preparation and reporting of time and attendance. 7. * Network with employers and community agencies. 8• * On call 24 hours to assist in emergencies, fill in for Senior Director when needed and other duties. 9• *Grant writing and program development in accordance with federal guidelines. 10. * Public relations to general community. Attend state, local and national meeting as advocate of older workers. 11. Perform all other duties as assigned. * 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. Position Title: SR ADiVtINISTR%IOR. SCSEP Class Code: 1038 Position Level: I 1 Education: KEY JOB REQUIREINIEINTS Experience: Bachelor's Degree required. Major(s) required: Social work or related field. 5 to 7 years in related field. Impact of Actions: Makes decisions and final recommendations which routineiv affect the activities of an entire department. Position duties may include responsibility for developing strategic plans for one or more divisions. Complexity: Analytic: Work is non -standardized and widely varied requiring the interpretation and application of a substantial variety of procedures, policies, and/or precedents used in combination. Frequently, the application of multiple, technical activities is employed; therefore, analytical ability and inductive thinking are required. Problem solving involves identification and analysis of diverse issues. Decision Making: Analytic: Supervision is present to establish and review broad objectives relative to basic position duties or departmental responsibilities. Independent judgment is required to studv previously established, often partially relevant guidelines; plan for various interrelated Communication activities; and coordinate such activities within a work unit or while completing a project. Requires regular contacts to carry out with Others: programs and to explain specialized matters. Also requires continuing contacts with officials at higher levels on matters requiring cooperation, explanation and persuasion, as well as with the public involving the Managerial Skills: enforcement of regulations, policies and procedures. Responsible for supervising multiple functions, full with responsibility for effective Wlrorking Conditions/ Physical Effort: operation and results. Work requires only minor physical exertion and/or physical strain. Work environment involves On Call only infrequent exposure to disagreeable elements. Requirements: On Call 24 hours pending disasters. Other: Requires computer knowledge. Name: % J ; f j tO signZ Division Director: Name: _-1) 1 r_k �AQ 1 CC)A Signa County Administrator: Name: Signa APPROVALS Date: f - 1 Date: Date: Date: On this date, I have received a copy of my job /d/es(cription re3 o to y emplo ent with hlonrno(e'Counry. Name: iCl i t i �� C C� lS�gnaturs: i /'YI I. C' '1il �� V_ Trainic.' Assignment Desc,L _ption Participant's Name: Eileen Evans Date: / 1 /15/0-/ U Initial Description 0 Upgraded Description Training Position Title: SCSEP Program Aide Training Site: Senior Community Service Employment Program Supervisor's Name Dianne Russell .-(ddress: 5100 College Road, Public Service Building, Wing [II, Room 321 Phone 4: 292-45 3 Specific orientation and training to be provided: (Provide dates, anticipated length of orientation and training to be provided, subjects to be covered and person(s)/organization providing the training. Orientation and training will be provided by Project Director, beginning with participants first day of work, and will continue on a day—to-day basis as necessary. A review of all activities will be conducted on an on -going basis. Such training will specifically address the duties to be performed by participant, as outlined below. Tasks to be performed by participant: (List tasks in order of importance. List any unusual requirements. Continue on additional sheet if necessary.) Participant must have general ability and interest to work with the elderly. Must have ability to communicate with participants, training site supervisors, training site monitor/job developer and the public. Be willing to accept supervision and have organizational and general office skills. Develop and maintain enrollee files, complete all required program forms and correspondence and maintain all required statistical data. 2. Answers phone inquires from clients/visitors and direct them to appropriate department/individual. 3. Types, files, updates, compiles and prepares department reports. 4. Maintain participant time sheets. 5. Opens and distributes incoming mail to the appropriate individual and sends outgoing mail. 6. Data entry of materials coming into office. 7. Maintain logbooks for the department. S. Orders office supplies for the department. 9. All other duties as assigned. IO.Answers to the SCSEP Project Director. Participant's signatureDate:/ /S 1 v r it chat this training position constitutes a new or expanded service and is not a violation of maintenance of effort regulations of the U.S. Department of Labor. (Positions of SCSEP participants shall be in addition to positions which otherwise would be funded by the local training sitc without assistance from SCSEP. Positions funded under SCSEP. shall resuit m :m increase in employment opportunities over those which would otherwise be available: may not result in the displacement of currently employed workers. including partial displacement such as reduction in hours of r.on•overtime work. wages or employment benefits; may not impair existing contracts for service or result in the substitution of federal funds for other funds in connection with work that would othc—ie 6e performed: may not substitute program jobs for existing federally assisted jobs. may not employ or continue to employ a trainee to perform work the same or substantially me same as that perfbrmed by any other person who is on layoff ) Supervisor's signature: L / Date: � � Also complete schedule and physical activity checklist on other side. HITEara«mnr—� .,�— Training �schectute indicate the usual schedule for this position_ Eileen Evans Participant's Name SCSEP Key West Training Site Day of Week Start Time End Time Hours per Day ivlonday 11:00 am 3:00 pm 4 Tuesday 11:00 am 3:00 pm 4 Wednesday 11:00 am 3:00 pm 4 Thursday 11:00 am 3:00 pm 4 Friday 11:00 am 3:00 pm 4 Physical Activities Checklist Please check the physical activities listed below which are required to do this training assignment. _ Standing in one place for an extended period of time (30 minutes or more). _ Considerable walking in the work area while performing tasks. _ Maintaining any static body position for periods of 30 minutes or more. _ Repetitive motion continued for periods of 30 minutes or more at a time. Please specify the repetitive motion: Climbing of. _ stairs, _ ladders, _ steep inclines. _ Crouching (bending of the knees): _ occasionally,_ frequently. X Stooping (bending at the waist): X occasionally, _frequently Turning or twisting of the upper body as a frequent activity. _ Reaching with arms extended above the head. Gripping or grasping with the hands for periods of 30 minutes or more. _ Lifting of items:_ from below knees, _ above the shoulders. Approximate weight: Lifting of items only between the knees and shoulders. Approximate weight: _Carrying items: _ weighing 25 lbs. or more, _ bulky items; _occasionally, _frequently _ Pushing or pulling objects as a frequent activity _ Visual requirements exceeding those of the normal daily activities of living. _ Hearing requirements exceeding those of the normal daily activities of living. Please add any explanatory comments or list other required physical activities which should be considered: Note: SCSEP staff may make this checklist available for the annual medical exam. The Senior Community Service Employment Program is funded by a U.S. Dept. of Labor grant administered by The National Council on the Aging, Inc. Semor (wnmunity Service Employment Progrcrrn Training Assignment Description Participant's Name: Date ❑ Initial Description 0 Upgraded Description Training Position Title: Office Assistant (Upper Keys office) Training Site: Social Services/SCSEP- Monroe County.Fl- Supervisor's Name: Dianne Russell Aciclress:1100 Simonton St. Kev West, Fl /1'' ��`l Phone 9 292-4593 Specific orientation and training to be provided: (Provide dates, anticipated length of orientation and training to be provided, subjects to be covered and person(s)/organization providing the training. Training will be provided by the Senior Administrator of the project, who will maintain constant communication with the participant. A review of all activities will be conducted on an on -going basis. Tasks to be performed by participant: 1 List tasks in order of importance. List any unusual requirements. Continue on additional sheet if necessary.) Participant will assist in overall SCSEP operations for Key West including intake, re recruitment, public relations, worksite monitoring and Job development. Participant must have general ability and interest to work with the elderly. Must have ability to communicate with enrollees, worksite supervisors and the public, be willing to accept supervision, and have organizational and general office skills. Participant's signature: Date: I verity that this training position constitutes a new or expanded service and is not a violation of maintenance of effort regulations of the U.S. Department or Labor. (Positions of SCSEP participants shall be in addition to positions which otherwise would be funded by the local training site without assistance from SCSEP. Positions funded under SCSEP: shall result in an increase in employment opportunities over those which would otherwise be available; may not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of non -overtime work, wages or employment benefits: may not impair existing contracts for service or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed: may not substitute program jobs for existing federally assisted jobs: may not employ or continue to emplov a trainee to perform work the same or substantially the same as that performed by any other person who is on layoff.) Supervisor's signature: Date: Participant's Name SCSEP/Social Services Training Site Training Schedule Indicate the usual schedule for this position. Day of Week Start Time End Time Hours per Day Monday Tuesday Wednesday Thursday Friday Physical Activities Checklist Please check the physical activities listed below which are required to do this training assignment. _ Standing in one place for an extended period of time (30 minutes or more). _ Considerable walking in the work area while performing tasks. Maintaining any static body position for periods of 30 minutes or more. Repetitive motion continued for periods of 30 minutes or more at a time. Please specify the repetitive motion: _ Climbing of. _ stairs, _ ladders, _ steep inclines. Crouching (bending of the knees): _ _ occasionally, _ frequently. Stooping (bending at the waist): _ _ occasionally, _ frequently _ Turning or twisting of the upper body as a frequent activity. _ Reaching with arms extended above the head. — Gripping or grasping with the hands for periods of 30 minutes or more. _ Lifting of items:_ from below knees, _ above the shoulders. Approximate weight: _ Lifting of items only between the knees and shoulders. Approximate weight: Carrying items: _ weighing 25 lb. or more, _ bulky items; _ occasionally, _ frequently Pushing or pulling objects as a frequent activity _ Visual requirements exceeding those of the normal daily activities of living. _ Hearing requirements exceeding those of the normal daily activities of living. Please add any explanatory comments or list other required physical activities that should be considered: Tasks performed: I. Maintain SCSEP Office in Marathon; develop and maintain enrollee files of all contacts; complete all required program forms and correspondence; maintain all required statistical data. 2. Thoroughly familiarize self with enrollee's skills and assets through.reviewing enrollee's files, assessment records, worksite visits and personal interviews. 3- Assist in the development of Individual Development Plan (IDP) for each enrollee and review Plan every 6 months thereafter. 4• Assist in the job development for job -ready enrollees by making contacts with potential employers and making appropriate job referrals. 5. Maintain records of all job development activities and follow up information after termination. 6. Assist in public relation efforts to develop all aspects of program visibility. 7. Interview prospective enrollees, complete intake packets and refer eligible en- rollees to appropriate worksite placements. 8. Establish a waiting list of eligible applicants for the Middle and Upper Keys. 9. Monitor each worksite, interview each enrollee and worksite supervisor each month to ensure enrollee *is performing tasks specified on job description, enrollee safety and personal development.. 10. Other related duties as may be required. Monroe County Florida Senior Community Service Employment Program Participant Handbook Revised December 2001 THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM The Senior Community Service Employment Program (SCSEP) is a national program funded by Title V of the Older Americans Act. The program is administered by the U. S. Department of Labor through a grant to the National Council on the Aging, Inc. and the Training and Employment Council of South Florida, of which Monroe County Board of County Commissioners is a subgrantee. The local program is administrated by the Monroe County Department of Social Services. The SCSEP program provides temporary work experience and training for persons 55 years of age and older who meet certain financial guidelines. The temporary work experience at non- profit community service agencies assists accepted applicants in preparation for placement in the private job market. Placement at a training site is not designed to provide permanent part-time employment, but rather to provide work experience and training to assist older job seekers with entrance into the labor market. At the same time, SCSEP assists by offering additional training opportunities including job -seeking skills. Participants are considered for rotation or transfer to other participating training sites if not hired by the assigned training site in a reasonable period of time. Training sites are encouraged to give SCSEP participant's priority for any appropriate job opening that occurs in the worksite. Participants are requested to advise SCSEP staff if they are "bypassed" when training site vacancies for which they are qualified occur. While in SCSEP, participants are expected to continue a job search. An ultimate goal of the program is placement of participants in the private job market. Each such placement in the unsubsidi zed market opens a new opportunity for another senior to participate in training opportunities and work experience and training. Some of the benefits provided by SCSEP to participants include: Wages while training Support services Annual Physical Examinations Paid holidays, vacation and sick days Workers Compensation Insurance Training Sessions Special training periodically Safe work environment BILL OF RIGHTS A SCSEP participant has a right to 1. Be treated as a co -worker --NOT free help. Z. A suitable assignment, with consideration for personal preference, temperament, life experiences, education and employment background. 3. Know as much about the training site as possible --its policies, its people and its programs. 4. A training position description that accurately reflects the tasks and responsibilities of training position with the right to participate in updating the description, periodically, to accommodate changes in tasks and/or added responsibilities. 5. Timely training for the training assignment --thoughtfully planned and effectively presented. 6. Continued "on-the-job" training for greater responsibilities. 7. A safe, orderly and designated place to work that will be conducive to job performance. 8. Patient and thoughtful guidance from an informed and experienced supervisor. 9. Diverse learning experiences on the job that will lead to increased training for greater job responsibility. 10. Be considered for permanent employment when vacancies occur at the training site that correlates with the participant's capabilities and interests. 11. Express and have heard his/her own opinion regarding employment planning and make suggestions. 12. Daily recognition of experienced skills --in service. NON-DISCRIMINATION POLICY Monroe County Senior Community Services Employment Program (SCSEP) is an Equal Opportunity Employer. No person within the agency shall discriminate in employment practices for reasons of race, color, sex, national origin, marital status, political or religious affiliations, handicapping conditions or age as it relates to the guidelines governing this program or sexual orientation. The agency has adopted a policy of Affirmative Action that stands as the policy on all aspects of employment. NEPOTISM No person shall be hired by or enrolled in a project if a member of that person's immediate family is employed in an administrative capacity by the subsponsor or at any of the project's training sites. Immediate family is defined as wife, husband, son, daughter, mother, father, brother, sister, aunt, uncle, niece, nephew, stepparent or stepchild, and all in-laws. The term "administrative capacity" includes those persons whom in the administration of the project or training site agency. Are responsible for and have authority over those responsible for the selection of participants from eligible applicants. POLITICAL ACTIVITIES Participants or staff can not engage in political activities during working hours that are compensated with SCSEP funds, either partician or non-particisan. Participants or staff cannot represent him or herself as a spokesperson for SCSEP while in partisan political activity. Participants or staff can engage in partisan or non -partisan political activity on his or her own time to the same extent as any other citizen. SOCIAL SECURITY POLICY The agency is not exempt from the Social Security Tax. Participants and staff contribute 7.65% of their earnings to the Social Security Tax. WORKER'S COMPENSATION POLICY The agency pays for Worker's Compensation insurance as required by Florida Statues in order to provide protection to agency employees in the event they incur job related injuries or illnesses. All employees and participants are covered by the Worker's Compensation policy(s) carried by the agency. The county currently has a managed care arrangement for Workers' Compensation. In the event of a life -threatening emergency, someone should call 911. Otherwise, if an injury should occur while on the job, one should first tell the worksite supervisor immediately. The supervisor should notify the SCSEP Program Director at 305-292-4593, who will report this information to the Monroe County Employee Benefits Section. UNEMPLOYMENT COMPENSATION INSURANCE POLICY The Florida Employment Commission has determined that trainees in SCSEP are classified as exempt employees and not reportable under the Florida Unemployment Compensation Act. Therefore, SCSEP trainees who leave the program are not eligible for unemployment insurance benefits. HOLIDAY POLICY A total of 12 holidays shall be given between July 1st and June 30th. These holidays are: Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Day, New Year's Day, Martin Luther King's Birthday, President's Day, Good Friday and Memorial Day. If a training site observes more than 12 holidays per year, the trainee may work extra hours on regular workdays in that week so as to aggregate the 20 hours authorized. A holiday is considered to be four (4) hours. IURY DUTY Trainee's called to jury duty or subpoenaed, as a witness shall not be penalized by loss of earnings. Pay for this absence shall be at the full rate of pay for the actual time spent on jury duty or as a witness (based on court verification), received from the court. One day shall be deemed to be four (4) hours. LEAVE WITHOUT PAY A request for leave without pay of four weeks or less may be granted to trainees. All requests for leave without pay must be made in writing and approved by the SCSEP Director in advance. INCLEMENT WEATHER If the trainee's training site closes due to inclement weather when SCSEP remains open, the trainee must make up the time by the end of the following pay period. If SCSEP closes and the 4 training site remains open, the trainee has the option whether to work that day or not. If the trainee chooses to work that day, the training site will provide a comp time day during that or the following pay period. Trainees may call the SCSEP office 305-292-4593 to determine if the SCSEP office is closed. In all cases, if a trainee does not go to work, he or she must contact the training site supervisor regarding the absence. DISCIPLINARY ACTION A. General Policy In administering disciplinary action, SCSEP seeks to maintain reasonable consistency and equity. Supervisory judgment is an indispensable element in evaluating individual cases. Therefore, responsible officials shall weigh carefully all of the circumstances, consider the trainee's previous record and potential and contemplate the probable consequences before initiating disciplinary action. B. Types of Disciplinary Action Disciplinary action may be of four (4) types. In the order of severity, they are as follows: 1. Verbal Warning A trainee's supervisor may administer a verbal warning by informing the trainee of the offense and provide in writing to the SCSEP Program Director. Verbal warnings are not subject to the appeal procedures of the program. 2. Reprimand The trainee's immediate supervisor may initiate a reprimand. The SCSEP Program Director must sign the reprimand as concurrence with the decision. Reprimands are placed in writing, signed by the trainee and must contain the specifics of the conduct for which the trainee is being reprimanded. A copy of the reprimand must be given to the trainee and a copy placed in the trainee's file. Any two reprimands within a twelve-month period automatically places the trainee on probation. Any three reprimands within a twelve-month period shall be cause for termination. A reprimand shall remain in effect for twelve months after which it shall be destroyed. Reprimands may be appealed to the Social Services Executive Director and no higher, except when three reprimands in twelve months are cause for termination. In this later case, the procedures outlined under Grievance Procedures shall apply. 3. Disciplinary Probation The trainee's immediate supervisor may initiate probation. The SCSEP Director's concurring signature is required. Probation shall be in writing, signed by the trainee with a copy given to the trainee and placed in the trainee's file. The probationary statement must contain the specific conduct for which the trainee is being placed on probation and the specific criteria that must be met for the trainee to be removed from probation. Probation shall be for a period of not more than ninety (90) days and may not be extended. At the end of the probationary period, the trainee must be informed in writing that the probation has been removed or that he or she is being terminated for cause. Any two probation's in any twelve 0 2) month period and/or any three probation's in any twenty- four (24) month period shall be cause for termination. A record of probation shall remain in the personnel files for twenty-four (24) months after which it shall be destroyed. Probation's may be appealed to the Social Services Executive Director and no higher except when termination results. 4. Termination The SCSEP Director shall have the authority to dismiss trainees for malfeasance, misconduct, or incompetence as a disciplinary measure with authorization from NCOA. Termination for cause is subject to the Grievance Procedures outlined in this manual. GRIEVANCE POLICY A grievance procedure provides trainees with the means by which any training related grievance may be heard. GRIEVANCE PROCEDURE Trainees should first discuss their grievances with their immediate training supervisor. If satisfaction is not achieved, the following steps shall be taken: 1. An informal conference will be held with the individual registering the complaint and the Program Director. If the grievance can be resolved, the Program Director will document the resolution, in writing, and submit such documentation to the parties involved and to the National Council on the Aging, Inc. If the concerns of the complainant can not be resolved at this point, the complaint process will continue. 2. A conference will next be held with the complainant, the Program Director, and Executive Director of Social Services. The grievance shall be presented in writing by both sides. If the concerns can not be resolved at this point, the complainant will be informed of his or her right to appeal the matter to the National Council on the Aging, Inc. 3. If the grievance alleges discrimination on the basis of race, color, religion, sex, national origin, handicap or age; the complainant may appeal directly to the Directorate of Civil Rights, Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210 4. Minutes will be kept of each hearing, with written statements and other documentation presented during the hearing and will be maintained in the SCSEP files for three (3) years after the final disposition of the grievance. 5. The decision, including justification for the decision, will be submitted in writing to the parties involved and to the National Council on the Aging, Inc. No adverse action will be taken against a trainee without the approval of the National Council on the Aging, Inc. All proposed adverse actions will be fully documented and submitted to NCOA for approval. In the event of an emergency situation necessitating immediate action, Social Services will contact NCOA by telephone to obtain approval prior to submitting written documentation. This written documentation will be placed in the SCSEP trainee file. Social Services will make every effort to assist the trainee involved in any adverse action. This will include counseling, training site transition, supportive services and goal setting. These efforts will be documented in writing and retained in the SCSEP trainee file. Social Services will use adverse action only as a last resort of these trainees unable or unwilling to adapt to a professional work environment. RESPONSIBILITY OF SCSEP TRAINEES 1. To immediately report any change in income or family size to the SCSEP office. 2. To cooperate fully with the SCSEP staff in developing and implementing their Individual Development Plan. 3. To report to my training assignment on time and to immediately notify the training site supervisor in the event of illness or necessary absence. 4. To develop and maintain a productive work ethic so as to reflect favorably upon the training site, Social Services and the Senior Community Service Employment Program. 5. To notify the SCSEP staff before any change occurs in the job description. 6. To seek opportunities for training to enhance marketable job skills. The SCSEP staff will assist you in finding training at low or no cost. Limited SCSEP funds are available for training. 7. To actively seek unsubsidized employment either at the training site or in the private sector. 8. To continue active job search through the Florida job Service. 9. To submit accurate and completed timesheets as instructed by this office. 10. To attend all training programs planned by the SCSEP staff. DRUGS IN THE WORKPLACE This is to outline Monroe County's Policy regarding the work related effects of drug and alcohol use; including the unlawful possession of controlled substances on County property, while in County uniform, in a County vehicle or representing the County in any way. • Employees are required and expected to report to work on time and in appropriate mental and physical condition for work. It is our intent and obligation to provide a drug -free, healthful, safe and secure work environment for all. • The unlawful manufacture, distribution, possession or use of a controlled substance on County premises or while conducting County business off the premises is ABSOLUTELY PROHIBITED. Violation of this policy will result in disciplinary action up to and including termination, and may have legal consequences. 7 • The County recognizes substance dependency as an illness and a major health problem. The County also recognizes substance abuse as a potential health, safety and security problem. Employees needing help in dealing with related problems are encouraged to seek assistance and information from the Personnel Department and utilize health insurance appropriately. Conscientious efforts to seek such assistance will not be reflected in the employee's personnel record. • Employee must, as a condition of employment, abide by the terms of the above County policy, and must also report to the appropriate supervisor any conviction under a criminal drug statute for violations occurring on or off County premises while conducting County business. Said report must be made within five (5) days after the conviction. This requirement is mandated by the Drug -Free Workplace Act of 1998. VIOLATION OF POLICY Because training sites provide day to day supervision for trainees, those agencies shall be required to assume primary responsibility for the enforcement of this policy as an express condition of their training site status. A training site who knowingly permits the violation of this policy or who otherwise fails to ensure a workplace free of substance abuse, shall risk the immediate loss of SCSEP services. TRAINEE ACKNOWLEDGE OF TERMS OF ENROLLMENT This is to acknowledge that the terms of my enrollment with the Senior Community Employment Program have been explained to me and I understand and accept the terms to be as follows: 1. The Senior Community Service Employment Program (SCSEP) is not permanent employment but a subsidized work experience and training program funded by Title V of the Older Americans Act. The program is designed to teach me new and marketable skills so that I may enter the competitive job market. 2. I will be assigned to a position earning the minimum hourly wage per hour for 20 hours per week, and will receive a copy of my training description. I will report to my training site promptly at the designated time. 3. I agree to perform the assigned duties to the best of my ability. 4. I agree to cooperate with the staff at my training site and the SCSEP staff. 5. I agree to cooperate fully with SCSEP staff in developing and implementing an Individual Development Plan (IDP) which will be designed to assist me in goal setting and identification of steps to reach my goal (s). 6. I agree to attend all training classes and other activities as required by the SCSEP program staff and training site supervisor upon approval by the SCSEP Director. 7. I agree to seek unsubsidized employment. S. I agree to go on all appropriate job interviews to which I am referred, or instructed to arrange, by the SCSEP staff and will report my job -seeking activities as requested. 9. I agree to accept periodic transfers to new training site to that my marketable skills may be increased. 10. I understand that I will be subject to all SCSEP rules and regulations, including the SCSEP grievance procedures. 11. I understand that my enrollment in this program depends on the availability of funds. 12. I understand that I can be terminated for cause. I have received a copy of and understand the SCSEP Personnel Policies. 13.1 understand that volunteering extra time at my training site without pay or compensatory time is prohibited and in violation of the U. S. Fair Labor Standards Act. Trainee Signature SCSEP Staff (name and title) Dianne Russell, SCSEP Director Monroe County SCSEP 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 305-292-4593 6 Date Date Monroe County 2002/2003 Payroll Schedule Pay Period Pay Date 06/30/02 07/13/02 0726/02 07/14/02 07/27/02 08/09/02 07/28/02 08/10/02 08/23/02 08/11 /02 08/24/02 09/06/02 08/25/02 09/07/02 09/20/02 09/08/02 09/21 /02 10/04/02 09/22/02 10/05/02 10/18/02 10/06/02 10/19/02 11 /01 /02 10/20/02 11 /02/02 11 /15/02 11 /03/02 11 /16/02 11 /27/02 11 /17/02 11 /30/02 12/13/02 12/01 /02 12/14/02 12/27/02 12/15/02 12/28/02 01/10/03 12/29/02 01 /11 /03 01 /24/03 01 /12/03 01 /25/03 02/07/03 01 /26/03 02/08/03 02/21 /03 02/09/03 02/22/03 03/07/03 02/23/03 03/08/03 03/21 /03 03/09/03 03/22/03 04/05/03 03/23/03 04/05/03 04/18/03 04/06/03 04/19/03 05/02/03 04/20/03 05/03/03 05/16/03 05/04/03 05/17/03 05/30/03 05/18/03 05/31/03 06/13/03 06/01 /03 06/14/03 06/27/03 06/15/03 06/28/03 07/11/03 ROO THE NATIONAL COUNCIL ON THE AGING, INC. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM SUBGRANTEE VERIFICATION OF SIGNATURES* * NOTE: Additional signature blocks may be found on the reverse side of this form. Unused signature blocks should be crossed out. If more signature blocks are needed, photocopy this document. The Subgrantee's Chief Executive Officer must sign this document (and any photocopies) on the reverse. SUBGRANTEE: Monroe County Board of County Commissioners c/o Monroe County SCSEP Social Services 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 SUBGRANT PERIOD: July 1, 2002 — June 30, 2003 AUTHORIZED SIGNATURES FOR SCSEP DOCUMENTS AUTHORIZED TO SIGN THESE DOCUMENTS (Circle YES or NO for Each Type) (I) Subgrant Agreements NO Charles "Son " McCoy, Mayor Subgrant Modification Y Automatic Deposit Authorization NO NO Typed Name and Title L. D Advance Funds Request YES Monthly Financial Report (MFR) y O Closeout Documents YES Program Reports/Data Forms YES NO Signature and Date (2) Subgrant Agreements YES James L. Roberts, County Administrator Subgrant Modification YES Automatic Deposit Authorizatio NO Ty ed Name and Title Advance Funds Request YES Monthly Financial Report (MFR) Closeout Documents Y S NO Signature and Date Program Reports/Data Forms YES NO (3) Subgrant Agreements YES James Malloch, Division Director Community Services Subgrant Modification YES Automatic Deposit Authorization Y N ed Name and Title Advance Funds Request YY NO O Monthly Financial Report (MFR Closeout Documents YES Program Reports/Data Forms ES NO NO NO Signat a and Date () Louis LaTorre, Director Social Services Subgrant Agreements YES Subgrant Modification YES Automatic Deposit Authorization YES Typ ame and Title Advance Funds Request YES Monthly Financial Report (MFR) YE Closeout Documents Program Reports/Data Forms ES NQ p NO Signature and Date (5) Subgrant Agreements YES Dianne Russell, Senior Administrator, SCSEP Subgrant Modification YES Automatic Deposit Authorization YES Typed Name and Title Advance Funds Request YES_ S Monthly Financial Report (MFR) CED Closeout Documents ES Program Reports/Data Forms NO p NO Signature and Date NCOA: 2002 Verification of Signatures: 03-14-02 Page 1 of 2 (6) Subgrant Agreements YES O Subgrant Modification Automatic Deposit Authorization YES S NO NO Typed Name and Title Advance Funds Request YES NO Monthly Financial Repo FR) YES NO Closeout Documen Program Repo ata Forms YES YES NO NO Signature and Date (7) Sub nt Agreements YES NO bgrant Modification Automatic Deposit Authorization YES YES NO NO Typed Name d Title Advance Funds Request YES NO Monthly Financial Report (MFR) YES NO Closeout Documents Program Reports/Data Forms YES YES NO NO Signature and Date (8) Subgrant Agreements YES NO Subgrant Modification Automatic Deposit Authorization YES YES NO NO Typed Name an Itle Advance Funds Request YES NO Monthly Financial Report (MFR) YES NO out Documents Progra eports/Data Forms YES YES NO NO nature and Date (9) Subgrant Agreem s YES NO Subgrant Modification Automatic Deposit Authon 'on YES YES NO NO Typed Name and Title Advance Funds Request YES NO Monthly Financial Report (MFR) NO Closeout Documents Program Reports/Data Forms YES YES NO Signature and Date I have examined this document and certify that it is correct and complete. It is understood that it is the responsibility of the subgrantee to provide The National Council on the Aging, Inc. with written notification of changes in any of the above references information within 15 days. Signature of Subgrantee Chi xecutive Officer J14.Z•Di Date NCOA: 2002 Verification of Signatures: 03-14-02 Page 2 of 2 r':CiW41 Coued M ". Agbp, I.. we1VN 0 ..kpmu.t otww. e 5"1W Cow"rty SuMa 6WWMW* herwo hepa Ve 2002-2003 EXHIBIT C: Administrative and Operational Offices Page _ of SUBGRANT AGREEMENT Administrative and Operational Offices * Monroe County Board of County Commissioners SUBGRANTEE C/O Monroe County SCSEP Social Services 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 SUBGRANT PERIOD July 1, 2002 - June 30, 2003 12 SUBSPONSOR ID # LOCATION TYPE OF OFFICE (Include complete name and address) (CHECK ALL THAT APPLY) Monroe County SCSEP Social Services [ X ] Administrative 1100 Simonton Street, Suite 1-206 Key West, Florida 33040 [ X ] Operations [ ] Subcontractor Monroe County Social Services [ X ]Administrative 490 63rd Street, Ocean Marathon, Florida 33050 [ X ] Operations [ ] Subcontractor Monroe County Social Services [ X ] Administrative 88820 Overseas Highway, Annex Tavernier, Florida 33070 [ X ] Operations [ ] Subcontractor (]A ive [ ] Operations [] u for Do not include community -based training sites that ONLY host work experience participants or serve as training sites for Section 502e activities. NCOA: 2002 Subgrant Agreement 02-21-02 25 of 26 417 - N�I'Y CFLOR Di L tK r �r Btu �OFtOUNTY COMMISSIOI TERM : �•; 1 +X r+ y L ���aai SiMA-E T G '�'S AIVD� C HER " zJ t �IPLI�INCgREPORT ANI SC DLES) ✓ �l'cti1R T , rr. vr� �y EN ED; kEITE11►iIBER�� l �y.. t Jam- 7'3'l Mtn A Mfi ♦ r it ✓ I i } >� ,.� n ; �� `� U r ��, ) l d �� y i �( off U 61,1 V , ,l _, iti Ly �( ��� �. � � ��� l ,, Ih� •fir' � 'f`+�, \ �-r �C�, I � � �, i �r � �,,' .�: � � l � } + �4. � � dry �+ � ��/ � � ✓.. f � i� �� '`.'¢� '/ � +' F S✓ rr� / 7 .- r`� • r L` ,. �('1V�A , VAI GI2EEN=K,+INC , ? , C9,RT i IED P MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SINGLE AUDIT/GRANTS AND OTHER COMPLIANCE REPORTS AND SCHEDULES FOR THE YEAR ENDED SEPTEMBER 30, 2001 0 MARVA GREEN PA, INC. CERTIFIED PUBLIC ACCOUNTANTS THIS PAGE INTENTIONALLY LEFT BLANK CONTENTS r Page Independent Auditors' Report on Schedule of Expenditures of Federal Awards and State financial Assistance and Schedule of Matching Requirements 1 Schedule of,Expenditures of Federal Awards and State Financial Assistance 2-15 Notes to Schedules of Expenditures of Federal Awards and State Financial Assistance 16 Schedule of Matching Requirements 17-19 Independent Auditors' Report on Compliance and Internal Control -Over Compliance Applicable to Each Major Federal Program and State Project 20-21 Schedule of Findings and Questioned Costs -Federal Programs and State Projects 22-24 Summary Schedule of Prior Audit Findings- Federal Programs and State Projects 25 Corrective Action;Plan- Federal -Programs and State Projects 26 MARVA GREEN, P.A. MARIO RODRIGUEZ, P.A. Certified Public Accountants Members American Institute and Florida Institute of Certified Public Accountants P. O. Box 1529 3T32 Northside Dr., Suite 101 Key West, FL 33041-1529 Tel. (305) 294-2581 Fax (305) 294-4778 TNDFPFNDENT AUDITORS' REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE AND SCHEDULE OF MATCHING REQUIREMENTS Clerk Ex Officio Board of County Commissioners Monroe County, Florida We have audited the general purpose financial statements of the Board of County Commissioners of Monroe County, Florida (the "Board") as of and for the year ended September 30, 2001. and have issued our report thereon dated March 13,'2002. These general purpose financial statements are the responsibility of the Board's management. Our responsibility is to express an opinion on the general purpose financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards, applicable to financial ,audits contained in Government Auditing Standards, issued by the%Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles. used and significant estimates made by management. as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the general purpose financial statements of the Board taken as a whole. The accompanying schedule of expenditures of federal awards and state financial assistance is presented for the purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A-133,_ Audits of States, Local Governments, and Non -Profit Organizations land the Florida Single Audit Act. The accompanying schedule of matching requirements required by the .grantor is also presented for purposes of additional analysis. The accompanying schedules are not'a required part of the general, -purpose -financial statements. Such information has been subjected to the auditing procedures applied in the audit of the ,general purpose financial statements and. in our opinion, is fairly stated,' in all material respects, in, relation to the general purpose financial statements as a whole. Marva Green PA, Inc. Certified Public Accountants March 13,' 2002 , Monroe County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance For the Fiscal Year Ended Septmeber 30, 2001 Federal/State Agency, Pass -through Entity CFDA Federal Program/State Project Number Corp for National and Community Service: Passed through Florida Commission on Community Service: Community Based Learn and Serve 94.004 Department of Agriculture: Direct Program: Hurricane Georges Canal. Cleaning 10.904 Passed through State Department of Elder Affairs and Alliance for Aging: USDA 2000 10.570 USDA 2001 10.570 _Total Program Total Federal Agency Department of Commerce: Passed through National Oceanic & Atmospheric Administration: Sentinel Fisheries Program-00 11.427 Department of Health and Human'Seruces: Passed through State Department of Elder Affairs and Alliance for Aging: Title 1116 Support Services - 2000 93.044 Title 1116 Support Services - 2001 93.044 Total Program Title IIIC-1 Congregate Meals - 2000 93.045 Title IIIC-1 Congregate Meals - 2001 93.045 Title IIIC-2 Home Delivered Meals 2000' 93.045 Title IIIC-2 Home Delivered Meals 2001 93.045 Total Program Passed through Florida Department of Revenue: Child Support Enhancement IV-D 93.563 Child Support Enhancement 93.563 Total Program Passed through State Department of Community Affairs: Low Income Home Energy Assistance Prog 2000 93.568 Low, Ir come Home Energy Assistance Prog 2001 93.568 Total Program Total Federal Agency The accompanying notes are an integral part of this schedule. 2 t Contract Grant Number 98-LCSFLO10 Cash Receipts Expenditures' 1,316 $ - 68-4209-9-208 2,474,239 2,887,677 U$051 11,405 7 28� US151 14,918 191014 26,323 26,300' 2,500,562 2,913,977 40WCNCO04656 8,954 10,091; AA029 45,985 25,259 AM 29 64,587 97,190 110,572 122,449 AA029 50,898 48,592 AA129 59,686 130,078 ' AA029 70,806 63,669 AA129 84,670,E 184,696 266,059 427,035 CC344 109,007 141,375 HZA50 2,561 3,480 111,568 144,855 OOEA-F5-11-54-01-018 '01EA-90-11-54-01-018 86,717 54,304 _ '49,278 78,064, 135,995 132,388 624,194 826,727 , 1 1 (Continued) 3 Monroe County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ending September 30, 2001 Federal/State Agency, Pass -through Entity Federal Program/State Project Department of the Interior:. I . Passed through Florida Department of Environmental Protection: Sombrero Beach Improvement Department of Justice: Direct Program: Bureau of Justice Assistance: Local Law Enforcement Block Grant - 1999 Local Law Enforcement Block Grant - 2001 Total Program Passed through Florida, Department of Law Enforcement: Inmate Intervention/Residential .Program 1-2000 Inmate Intervention/Residential 'Program 1-2001 Jail Incarceration Program - 2001 Heron' Residential Program-2000 Heron Residential Program-2001 Teenline Crisis Intervention &Referral-2000 Juvenile Community Intervention Program-2001 Guidance Clinic Residential Detox Program 1-2000 Guidance Clinic Residential Detox Program 1-2001 Samuels House Shelter / Women & Children-2000 Samuels House Shelter / Women & Children-2001 Florida Keys Outreach Coalition -Sunshine House-2000 Florida -Keys Outreach Coalition - Sunrise House-2001 Total Program Total Federal Agency CFDA Number 15.916 16.592 16.592 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 16.579 Department of Labor: Passed through National Council on the Aging, Inc.: Senior Community Service Project 2000 Senior Community Service Project 2001 17.235 17.235 Senior Community Service Project 2002 17.235 Total Program Passed through South Florida Employment & Training Consortium: JTPA Liaison 1999 17.250 JTPA Liaison 2000 17.250 JTPA Liaison 2001 17.250 JTPA Title IIA, IIC, III, .Liaison 1998 17.250 JTPA Summer YouthEmployment & Tmg Prg 00 17.250 Total. Program. Total Federal Agency . The accompanying notes are -an integral part of this schedule. 4 Cash Contract Grant Number Receipts Expenditures LWCF 12-0033/C8368 14,538 56,827 1999-LB-VX-7835 -- 107,748 2001-LB-BX-0035 96,827 96,827 107,748 00-CJ-D8-11-54-01-087 45,052 - 01-CJ-J 1-11-54-01-111 5,813 93,.990 01 -CJ-9K-1 1-54-01 -006 - 19,660 00-CJ-D8-11-54-01=083 18,981 - 01-CJ-J 1-11-54-01-107 22,034 44,128 00-CJ-D8-11-54-01-082 6,538 - 01-CJ-J 1-11-54-01-109 28,973 51,197 00-CJ-08-11-54 ;01-084 22,057 - 01-CJ-J 1-11-54-01-108 15,981 30,606 00-CJ-D8-11-54-017-086 20,420 - 01-CJ-J 1-11-54-01-110 - 38,475 00-CJ-D8-11-54-01-081 4,778 - 01-CJ-J 1-11-54-01-112 15,970 31,311 206,597 309,367 303,424, 417,115 D-7513-9-00-81-55-404 201,701 195,867 ADA 1.69-30-15-512 23,337 55,509 OW-PY'01-04-00 - 169 225,038 251,545 WIA PY'99-45-04 6('910 - WWT=PY'00-01A-01 11,950 13,680 WWW-PY 01-01-01 4,184 2A-PY'98-02-00 - 41,'276 % = WIA-YS-PYf 00-25-06 57, $49 77,981 117,9 85' '95,795 � 343,023 347,340 5 (Continued) Monroe'County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ended September 30, 2001 Federal/State Agency, Pass -through Entity Federal Program/State Project Department of Transportation: Direct Program: Federal Aviation Administration: Key West AIP-0996 Key West AIP-1097 Key West/Marathon AIP-1198 Key West/Marathon AlP-1399 Key West AIP-1400 Key West AIP-1500 Marathon AIP-1500 Marathon AIP-1600 Total Program Transportation Planning Assistance Federal Transit Administration: Dot Bus Aerolite Bus/Elderly & Disabled Transport - Total Program National Highway Traffic Safety Administration: Sheriffs Office Motorcycle, Safety Project ' Sheriffs Office Child Restraint Safety Program - Total Program Total Federal Agency Institute of Museum & Library Services: Passed through Florida Department of State: Library Services & Technology Act Grant Federal Emergency Management Agency: Direct Program: EMA State and Local Assistance FY 00 EMA State and Local Assistance FY 01 Total Program The accompanying notes are an integral part of this schedule. 6 CFDA Number 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.106 20.205, 20.513 20.513 20.600 20.600 45.310 83.534 83.534 a Cash Contract Grant Number Receipts Expenditures ' 3-12-0037-0996 14,673 3-12-0037-1097 103,663 — 3-12-0037-1198 286,824 129,638 3-12-0037-1399 218,956 111,428 _ 3-12-0037-1400 2,095,500 2,471, 895 3-12-0037-1500 — 148,646 ' 3-12-0044-1500 58,563 59,570 3-12-0044-1600 65�560 2,778,179 2,986,737 A1893/25222811403 -- 26,302 AH554-FL 5310-0024 37,800 53,917 t AG220/25390919401 39,872 - 77,672 53,917 FM-01725-02-01 /AJ929 — 60,477 OP-01-02-20-01/AJ979 — 35,788 -- 96,265 2,855, 851 3,163,221 00-LSTA-K-03 56,192. 75,161 OOEM-D3-11-54-10-044 25,849 — 01-CP-04-11-54-01-044 28,779 28,779 54,628 28,779 (Continued) J 7 Monroe County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ended September 30, 2001 Federal/State Agency, Pass -through Entity Federal Program/State Project Federal Emergency Management Agency - Continued: Passed through State Department of Community Affairs: Hazardous Mitigation Hurricane Georges - FEMA-1249-DR-FL Hurricane Georges - FEMA-3131-EM-FL Tropical Storm Mitch - FEMA-DR-1259-FL Hurricane Irene - FEMA-1306-DR-FL Total Program Hurricane Georges - FEMA-1249-DR-FL Hurricane Georges - FEMA-1249-DR-FL Tropical Storm Mitch- FEMA-DR-1259-FL Tropical Storm Mitch- FEMA-DR-1259-F� Hazardous Mitigation Shutter Project Hazardous Mitigation Old Courthouse Shuttering Project Total Program Total -Federal Agency U.S. Evironmental Protection Agency: Passed.through State Dept of Environmental Protection: Florida Clean Marina Total Schedule of Expenditures of Federal Awards The accompanying notes are an integral part of this schedule. 8 CFDA Number 83.516 83.544 83.544 83.544 83.544 83.548 83.548 83.548 83.548 83.548 83.548 7 1 l 1 J 7 7 1 Cash Contract Grant Number Receipts Expenditures 95-DP-2M-11-54-01-003 151,990 298,167 99-RM-23-11-54-01-040 2,185,626 937,932 99-RM-05-11-54-01-209 58,919 - 99-RM-68-11-54-01-001 820,771 166,393 00-RM-aa-11-54-01-119 602,420 539,258 3,667,736 1,643,583 01 UN-6P-11-54-15-007 - 172,618 01 UN-6P-11-54-15-008 60,155 68,748 01 UN-6Q-1.1-54-15-011 - 97,465 01HM-4R-1 -54-15-009 - 668;589 01 HM4R-11-54-15-006 - 396 01 -HM-1 4-11-54-15-022 - 397 60,155 1,008,213 3,934,509 2,978,742 LE 307 CMP 00-017 1,500 1,500 $ 10,644,063 $ 10,790,701 9 (Continued) Monroe County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ended September 30, 2001 State Agency Name Florida Department of CommunityAffairs: On -site Sewage Replacement/Canal Study On -Site Sewage Replacement Cesspit Replacement Grant Total Program Emergency Management Base Grant - 2000 Emergency Management Base Grant - 2001 Total Program Emergency Generators Hurricane Shelters Total Department Florida Department of Elder Affairs: Home Care for the Elderly; 2001 Home Care for the Elderly - 2002 Total Program Alzheimer's Disease Initiative - 2000 Alzheimer's Disease Initiative`- 2001 Total Program Community Care for Elderly 2001 Community Care for Elderly,2002 Total Program Total Department Florida Department of Environmental Protection: Litter &Marine Debris Grant - 2000 Litter & Marine Debris Grant - 2001 Total Program Solid Waste Recycling & Education 2000 Solid Waste Recycling & Education 2001 Total Program Small Counties Solid Waste -2000 Small Counties Solid Waste -2001 Total Program Waste Tire Solid Waste-2000 Waste Tire Solid Waste-2001 Total Program "Denotes State Grants and Aids Appropriations "*Information provided for state financial assistance but'not required for federal awards. The accompanying notes are an integral part of this schedule. 10 CSFA Number 52.003 52.003 52.003 52.008 52.008 52.011 65.001 65.001 65.004 65.004 65.010 65.010 37.009 37.009 37.011 37.011 37.012 37.012 37.015 37.015 Cash 'Contract Grant Number Receipts Expenditures 01-DR-16-11-54-01-001 624,850 48,400 00-DR-1 W-11-54-01-002 600,750' - 99-DR-1 Q-1 1-54-01 -001 - 200,000 1,225,600 248;400 00-CP-05-11-54-01-044* 60,790 - 01-CP-04-11-54-01-044* 72,674 108,836 133,464 108,836 01-EO-37-11-54-01-044* 89,774 88,393 1,448,838 445,629 KH-072* 18,129 13,621 KH-172* 368 3,682 18,497 17,303 KZ097* 54,347 49,354 KZ197* 3,238 13,336 57,585 62,690 KC071 * 494,155 601,656 KC171* - 177,203 494,155 778,859 570,237 858,852 L C00-42* 4,995 - LC01-42* 16,924 16,924 21,919 16,924 RE00-42* 73,643 RE01-42* 127,034 127,034 200,677 127,034 SC00-24* 16,500 - SC01-24* 50,000 50,000 66;500 50,000 WTOO-44* 1,504 WT01-44* 39,751 39,751 41,255 39,751 11 Transfer To Subreciaients** 200,000 200,000 200,000 16,924 16,924 41,921 41,921 (Continued) Monroe County, Florida A Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ended September 30, 2001 ' CSFA � State Agency Nam Number (� Florida Department -of Environmental Protection - Continued: Overseas Highway Heritage Trail 37.020 Stormwater Master Plan 37.039 Total Department k Florida Department of Health and Rehabiliatatiw Services: Rural Matching Grant 2001 64.003 Rural Matching Grant 2001 64.003. Total Program EMS County Award 1996 64.005 EMS County Award ,1997 64.005 �. EMS County Award 1998 64.005 EMS County Award 1999 64.005 EMS County Award 2000 ` 64.005 Total Program - Total Department J Florida Department of State: State Aid to Libraries 45.030 Southernmost Library Family Literacy Initiative 45.025 Total Department Florida Department of Transportation: Bicycle & Pedestrian Plan 3 Bicycle & Pedestrians Plan Total Program' Key West Airport -- Key West Airport Key West Airport Key West Airport — Key West Airport — Key West Airport, Key West Airport' Key West Airport — Key West Airport Key West Airport — Key West Airport 55.004 Key West Airport — Key West Airport 55.004 Key West Airport 55.004 Total Program *Denotes State Grants and Aids Appropriations **Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 12 Contract Grant Number M9044* WM739* MRG007* MRG008* C9644* C9744* C9844* C9944* C0044* 01-ST-32* 01-FLL-05 W PI#252077-1-14-01 /AG851 WPI#25207711401 /AI931 WPI#6826662/A5126* WPI#6826630/A7065* WPI#6826783/AF373* WPI#6826784/AF374* WPI#6826774/AF290* WPI#6826779/AF685* WPI#6826755/A9304* 25438418401/AF724* 25438518401/AF766 25436818401/AF777* 25436918401/AF776* 25438318401/AF774* 25437518401/AG177* 2�426919402/AK043* Receipts Expenditures 31,448 986 359,595 589,057 721,394 823,752 81,000 100,217 74,000 57,183 155,000 157,400 - 41,373 - 54,819 - 48,745 - 46,367 46,367 37,878 46,367 229,182 201,367 386,582 214,926 214,926 18,618 26,360 233,544 241,286 9,835 29,228 30,579 Subrecipients** 58,845 - 9,835 59,807 - 8,075 213,194 - - 305,337 1,008,815 -- 332,266 791,993 - 124,314 6,325 - 33,739 67,491 - 1,800 832 - 5,971 -- 56,369 127,319 - - 28,398 - 531 1,061 -- 13,548, 112,981 - 40,247 - 91,835 - 84,060, - 1,135,391 ?,321,110, (Continued) 13 Monroe County, Florida Board of County Commissioners Schedule of Expenditures of Federal Awards and State Financial Assistance - Continued For the Fiscal Year Ended September 30, 2001 State Agency Name Florida Department of Transportation - Continued: Key West & Marathon Airport Marathon -Airport Marathon Airport Marathon Airport Total Program Long Range Transportation Plan Update Greenways Master Plan Total Department Florida Department of Children and Families: Community Care for Disabled Adults 2000 Community Care, for Disabled Adults 2001 Total Department Florida Fish & Wildlife Conservation Commission: Derelict Vessel Removal Boaters Guide to the Florida Keys FWCC Restricted Area BIP Boot Key Harbor Mooring Field Boating Improvement Fund Total Program Total Department Florida Housing Finance Corp..: State Housing Initiative Program Oct 00-Sept 01 Florida State Courts System: Court Reporter Grant -In -Aid -2001 Article V Trust Fund- Conflict Attorney Costs 2001 Total Department Office of the State Courts Administration: Civil Traffic Hearing Infraction Officer- 2001 Civil Traffic Infraction Hearing Officer- 2002 Total Department South Florida Water Management District: Boot Key Harbor Marina Stormwater Demonstration Proj Total Expenditures of State Financial, Assistance , "Denotes State Grants and Aids Appropriations "Information provided for state financial assistance but not required for federal awards. The accompanying notes are an integral part of this schedule. 14 CSFA Number 55.004 60.008 60.008 77.005 77.006 77.006 77.006 52.901 22.006 22.003 22.001 22.001 Cash Transfer To Contract Grant Number Receipts Expenditures Subrecipients** WPI#6826682/AA828* 136,089 233,583 - 25437419401/AG994* ' 2,740 6,062 - 25437718401/AF765* 41078019401 /AJ816 550 - 13,295 - 50,187 - 139,379 303,127 - WPI#6596618/AE270* 252077-1-14/AG408 107,619 40,984 80,478 -- 1,566 - 1,433,208 2,766,088 - KG-026* 91'324 - KG-032* 13,E 79 29,371 - 22,903 29,371 - FWCC 0059/DV 00-02 - 91,565 - FWCC 99071 FBIP 99-17 20,000 20,000 FWCC 0136 FBIP 00-06 - 3,995 - FWCC 00139 -- 51,039 209,479 218,117 - 229,479 293,151 - 229,479 384,716 - - 778,330 911,260 - -* -* 37,078 _ 35,623 37,078 - 35,623 - 72,701 72,701 - - * 13,661 -* 14,475 g8,136 28,950 -- 28,950 - C 10250 50,000 48,147 _ -- $ 5,790,137 '$' 6,997,,334 $ v258,845 15 I 1 MONROE COUNTY, FLORIDA BOARD OF,COUNTY COMMISSIONERS NnTFS To SCHEDULE OF aTURES OF FEDERAL AWAR AND STATE FINANCIAL ASSISTANCE FOR THE YEAR ENDED SEPTEMBER 30, 2001 NOTE 1 = SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies and presentation of the Single Audit report of the Board have been, designed to conform to generally accepted accounting principles as applicable to governmental organizations, including the reporting and compliance requirements of Office of Management and Budget (OMB) Non -Profit Circular A-133, Audits of ;States. Local Governments, and Organizations and the Florida Single Audit Act. Reporting Entity - OMB Circular A-133 set forth the audit and reporting of requirements for federal awards. The Board has included n 'Federal Awards, and State Financial Assistance to satisfy the Expenditures of au dit,requirements of all government grantor agencies. Basis of Accounting - Basisof accounting refers to when revenues and expenditures or expenses are recognized in�the accounts and reported in'the regardless financial statements, and to the timing of the measurements made, focus applied. Revenue from cost reimbursement contracts of the measurement are recognized as program expenses are incurred. Revenue from unit cost contracts are recognized based on the units of services delivered. NOTE 2 - CONTINGENCIES Grant monies received anQ d disbursed by the B and -are for specific purposes and are subject to review by the grantor agencies. Such audits may result in due to'disal"lowed expenditures. Based on prior requests for reimbursement the Board does not believe that such disallowance, if any, would experience, have a material effect on -the financial position of the Board: As of March 13, 2002 there were no material questioned ordisallowedcosts as a result of grant audits in process or completed. -16- MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SCHEDULE OF MATCHING REQUIREMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2001 Amount Received, Total Receivable, Contract Reimbursable or Refunded Program Title Number Expenses Affecting,Match Florida Department of Elder Affairs Direct Program: Community Care for Elderly 2001 KC071 $ 601,656 409,586 Community Care for Elderly 2002 KC171 $ 177,203 112,186 Total Department $ 778,859 521,772 Federal Department of Health and Human Services Passed through State Department of Elder Affairs and Alliance for Aging: ' Title III 2000 AA029 $ 137,520 104,390 Title 1112001 AA129 $ 411,964 290,070 Total Department $ 549,484 394,460 * Grant terms do not coincide with the, Board's fiscal year. Accordingly, those grants, beginning in the prior fiscal year have an 'excess funding/liability presented as of September 30, 2000. ** Fixed price contract based on units of service delivered. Balance is remaining funds unexpended at end of contract. 17 Excess Funding (Liability);For Excess Funding Amount Total Year Ended (Liability) Match % of Match Funding September 30, September 30, Required Required Required 2001 2000* 10.00 45,510 455,096 146,560 84,233 10.00 12,465 124,651 52,552 -- 57,975 579,747 - 199,112 84,233 10.00 11,599 115,989 21,531 66,776 , 10.00 32,230 ' ' 322,300 ` 89,663 -- 43,829 438,289 111,194 66,776 / 1 18 (Continued) 1 MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SCHEDULE OF MATCHING REQUIREMENTS -CONTINUED FOR THE YEAR ENDED SEPTEMBER 30, 2001 Program Title Florida Department of Elder Affairs Direct Program: Community Care for Elderly 2001 Community Care for Elderly 2002 Total Department Federal Debartment of Health and Human Services Passed through State Department of Elder Affairs and Alliance for Aging: Title 1112000 Title III 2001 Total Department Excess Funding (Liability,) Contract September 30, Number 2001 KC071 $ '230,793 KC171 $ 52,552 $ 283345 AA029 $ 88,307 '• AA129 I 89,663 $ 177,970 Grant terms do not coincide with the Board's fiscal year. Accordingly, those grants beginning in the prior fiscal year have an excess funding/liability presented as -of September 30, 2000. ** Fixed price contract based on units of service delivered. Balance is remaining funds unexpended at end of contract. 19 MARV P.A. A GREEN, MARIO RODRIGUEZ, P.A. JCertified Public Accountants Members American Institute and Florida Institute of Certified Public Accountants P. O. Box 1529 3132 Northside Dr.; Suite 101 Tel. (305) 294-2581 Key West, FL 33041-1529 Fax (305) 294-4778 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND INTERNAL CONTROL OVER COMPLIANCE APPLICABLE TO EACH MAJOR FEDERAL PROGRAM AND STATE PROJECT J Clerk Ex Officio Board of County Commissioners Monroe County, Florida Compliance We have audited the compliance of the Board of County Commissioners, Monroe County, Florida (the "Board") with the types of compliance requirements J described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement, and the requirements described in the, Executive Office of the Governor's State Projects Compliance Supplement, that are applicable to Jeach of its major ,federal programs and state projects for the year ended September 30, 2001. The, Board's major federal- programs and state projects are identified in the summary of auditor's results section of the accompanying schedule of findings, and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs and state projects `-is the responsibility of the Board's management. Our responsibility is to ,express an opinion on the Board's compliance based on our audit. We conducted our audit of compliance in accordance with U.S. generally accepted auditing standards:, the standards applicable to financial audits -� contained in Goverrment'Auditing Standards, issued by the Comptroller,General of'the United States: OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations: the Florida Single Audit Act (Section 215.97. Florida Statutes), and Chapter 10.550, Rules of the Auditor General of the State of Florida. Those standards, OMB Circular A-133 and Chapter 10.550, Rules of the Auditor; General require that we plan and perform the audit to 11 obtain I 'reasonable assurance about whether noncompliance with the types of compliance requirements ,referred to above that could have a direct and material 'effect on a major federal program. or state project occurred. An audit includes examining, on., a test ibasis, evidence about the Board's compliance with those requirements and 'performing such other procedures as we •20- 71 considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the Board's compliance with those requirements In our opinion, the Board complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30, 2001. Internal Control Over Compliance The management of the Board is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the Board's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133 and Chapter 10..550, Rules of the Auditor General of the State of Florida. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level of risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that -would be material in relation to a major federal program or state project being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information of the Board of County Commissioners, management, federal awarding agencies and pass -through entities, and specific legislative and regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. Marva Green PA, Inc. Certified Public Accountants March 13, 2002 - 21 - MONROE COUNTY, FLORIDA BOARR OF COUNTY COMMISSIONERS SCHEDULE OF FINDINGS AND QUESTIONED COSTS FEDERAL PROGRAMS AND STATEPROJECTS FOR THE YEAR`ENDED SEPTEMBER X— 2001 Summary of Auditor's Results Basic Financial Statement Section We issued an unqualified opinion on the financial statements. No material weaknesses were identified. No reportable conditions were identified which were not considered to be material.\weaknesses: No noncompliance material to the financial statements was noted. Federal Awards , jThe dollar'threshold used to determine Type A programs was $323,721. The Board qualified as a ,1 ow -risk aud,i tee,. We issued an unqualified opinion on compliance for major programs No material weaknesses\were identified. I- No reportable conditions, were identified which were not considered to be material weaknesses:, No audit findings are disclosed`thatarerequired to,be reported under Section .510(a) of, OMB Circular A-133.` , i -22- MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SCHEDULE OF FINDINGS AND QUESTIONED COSTS FEDERAL PROGRAMS AND STATE PROJECTS (Continued) FOR THE'YEAR ENDED SEPTEMBER 30, 2001 Major programs are as follows: Watershed Protection and Flood Prevention/ Hurricane Georges Canal Cleaning CFDA 10.904 Key West Airport Improvement Program, CFDA 20.106 FEMA Public Assistance Grants, CFDA 83.544 FEMA Public Assistance Grants, CFDA 83.548 Department of Health and -Human Services, Nutrition Title IIIC, CFDA'93.045 Total Federal Expenditures Percentage of Major to Total Federal Expenditures $ 2,887,677 2,986,737 1.643,583 1,008,213 427,035 $ 8,953,245 $ 10,790,701 State Financial Assistance Section 83.OX The dollar threshold used to determine Type A programs was $300.000 We issued an unqualified opinion on compliance for major state projects. No material weaknesses were identified. No reportable' conditions were, identified which were not considered "to be, material weaknesses. .23. ' MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SCHEDULE OF 'FINDINGS AND QUESTIONED COSTS FEDERAL PROGRAMS AND STATE PROJECTS (Continued) FOR THE YEAR 'ENDED SEPTEMBER 30,2001 Major programs are as follows: Department of Environmental Protection Stormwater Master Plan, CSFA 37.039 S 589,057 Department of Transportation - Key West and Marathon Airports, 2,624,237 CSFA 55.004 Florida Housing Finance Corp:, State Housing Initiative Program, CFSA 52.901 911.260 Department of Elderly'Affairs,, Community Care for the Elderly, CSFA 65.010 778,859 S 4,903,413 Total State Expenditures $ 6,997,334 Percentage of Major to Total State Expenditures 70.OX Findings Relating to the Financial Statements Required to be Reported By Generallj Accepted Government Auditing Standards None Findings and Questioned Costs for Major Federal Awards None Findings and Questioned Costs for Major State Projects None -24- MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS FEDERAL PROGRAMS AND STATE PROJECTS FOR THE YEAR ENDED SEPTEMBER 30, 2001 For the year ended September 30, 2000 there were no audit findings concerning federal programs or state projects required to be reported. -25- 1 l 1 1 1 1 1 MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CORRECTIVE ACTION PLAN FEDERAL PROGRAMS AND STATE PROJECTS FOR THE YEAR ENDED SEPTEMBER 30, 2001 For the years ended September 30. 2001 and 2000, there were no audit findings for federal awards and state projects required to be reported. Accordingly, no corrective action plan is required. However, we noted other matters involving the internal control over financial reporting that we have reported to the management of the Board in a separate letter dated March 13, 2002. Management has responded to those matters in writing. a .. -26-