SY2013 12/12/2012DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 19, 2012
TO: Teresa Aguiar
Employee Services
FROM Pamela G. Hanccr *c
At the December 12, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
Item C 1 Agreement with Statewide Guardian Ad Litem Office for Reimbursement of Case
Coordinator Services to provide funding for Case Coordinator position, for time period July 1,
2012 through June 30, 2013 (State FY 2013).
Item C2 Agreement with Statewide Guardian Ad Litem Office to provide funding to pay
for salary and benefits for a Senior Administrative Assistant position.
Enclosed is a duplicate original of each of the above - mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney w/o documents
Finance
File ✓
AGREEMENT WITH STATEWIDE GUARDIAN AD LITEM OFFICE FOR
REIMBURSEMENT OF CASE COORDINATOR SERVICES
THIS AGREEMENT, made and entered into on the dates specified herein, by and
between the STATEWIDE GUARDIAN AD LITEM OFFICE (hereinafter "GAL ")
and MONROE COUNTY, a political subdivision of the State of Florida (hereinafter
"County "), which when referenced together shall be called "the Parties ".
WHEREAS, Florida children involved in the State's dependency system have long been
aided by the Guardian ad Litem programs located in the State's judicial circuits; and
WHEREAS, the Statewide Guardian ad Litem Office was created to provide oversight and
technical assistance to guardian ad litem programs within the various circuit courts, including
but not limited to the Sixteenth Judicial Circuit Guardian ad Litem Program for Monroe
County; and
WHEREAS, Section 29.008(1), Florida Statutes, requires the Monroe County Board of
County Commissioners ( "Board ") to provide facilities, communications equipment and
maintenance to the GAL program operating in Monroe County, and
WHEREAS, the Board recognizes the benefit the Sixteenth Judicial Circuit GAL
Program provides to the County's children involved in the dependency system and
desires to provide, within its discretion, additional personnel support to the local GAL
program as set forth herein and
WHEREAS, in the 2012 regular legislative session, the Florida legislature passed SB
1960, now codified in § 39.8297, F.S., which in pertinent part states that the Statewide
Guardian Ad Litem Office may enter into an agreement by which the county agrees to
provide funding to the local guardian ad litem office in order to employ persons who will
assist in the operation of the GAL program within the county, and that any such
agreement, at a minimum, must provide that the statewide office shall fully indemnify the
County for any liability for violation for state and federal laws by the Statewide Guardian Ad
Litem Office, its agents or employees as authorized by § 768.28(19), F.S, to the extent
such liability is the result of the acts or omissions of the Statewide Guardian ad Litem
Office or its agents or employees.; and
WHEREAS, the Board further desires the personnel services provided herein shall not
result in it or the County bearing employment liability risk as a result of the fact that the
County will not be able to manage, control, or oversee the personnel funded under this
Agreement, nor the work environment in which such personnel will work; and
WHEREAS, the Board desires to achieve these aims by entering into this Interlocal
Agreement; and
WHEREAS, this Interlocal Agreement is entered into pursuant to § 163.01, Florida
Statutes, and the Parties have the authority pursuant to § 163.01 to enter into said
Agreement concerning the provision of the GAL services under a joint exercise of power
hereinafter described, and, in particular, to spell out the manner of employing necessary
personnel pursuant to § 163.01(5)(g).
NOW, THEREFORE, that for and in consideration of the terms, conditions and
covenants hereinafter provided, the Parties agree as follows:
SECTION ONE: GUARDIAN AD LITEM RESPONSIBILITIES
A. The GAL agrees to hire a 1.0 Other Personnel Services position with the title
Case Coordinator for the period of July 1, 2012 through June 30, 2013, with the
primary duties and responsibilities of the position to include:
See attached Position Description, Attachment "A."
B. The GAL agrees to pay the individual hired in this position at the rate of $15.16
per hour at forty hours per week for a period of 52 weeks under the term of the
Agreement.
C. The GAL agrees to manage and supervise the individual hired in this position
pursuant to GAL personnel policies and procedures.
D. The parties agree that all hiring, firing, discipline, assignment of duties,
supervision, management, and control of this individual will be the sole
responsibility of the GAL.
E. The GAL agrees to be responsible for the payment of salary, as well as all FICA
taxes, withholding taxes, state and federal unemployment taxes, retirement
benefits, and insurance benefits, if applicable, related to the individual hired in the
position.
F. The GAL agrees that said employee shall not be considered a County employee.
SECTION TWO: COUNTY RESPONSIBILITIES
A. The County agrees to reimburse the GAL at 100% the actual cost of salary, as
wells as for any and all payment of FICA taxes, withholding taxes, stated and
federal unemployment taxes, retirement benefits, and insurance benefits, if
applicable related to the individual hired in the position, not to exceed $35,000 over
the term of the Agreement (pro -rated if the Agreement begins after July 1,2012).
B. The County shall provide payment under this Agreement on a cost
reimbursement basis. Reimbursement shall be made monthly based on the
GAL's submission and the County's approval of a monthly invoice. Payment
shall be made in accordance with the Florida Local Government Prompt
Payment Act. The GAL agrees to provide the County with documentation of
all costs represented on the invoice if requested and the County may require
documentation of expenditures prior to approval of the invoice, and may
withhold payment if services are not satisfactorily completed or the
documentation is not satisfied. Any payment due or any approval necessary
under the terms of the Agreement may be withheld until all evaluation and
documentation expenditures due from the GAL and necessary adjustments
thereto, have been approved by the County. However, the County agrees to use
due diligence in approving and to proceed with a sense of urgency and priority
in making reimbursement to the GAL.
C. The COUNTY shall only reimburse those reimbursable expenses that are
reviewed and approved as complying with Monroe County Code of
Ordinances, state laws and regulations, which are submitted in accordance with
Attachment B Expense Reimbursement Requirements. Evidence of payment
by the Statewide Guardian ad Litem Office or the local guardian ad litem office
within the 16th Judicial Circuit shall be in the form of a letter, summarizing
expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover
letter is included as Attachment C.
D. After the Clerk of the Board examines and approves the request for
reimbursement, the Board shall reimburse the entity that submitted the
request. The total of said reimbursement expense payments shall not exceed
the total amount authorized by Monroe County Board of County
Commissioners through the budgetary process.
E. Reimbursement by the County shall be made to the GAL at the following
address:
Statewide Guardian ad Litem Office
Financial Resources
P.O. Box 10628
Tallahassee, Florida 32302
SECTION THREE: PUBLIC RECORDS AND HOLD HARMLESS
A. All records and contracts required by this Agreement shall be available for audit,
inspection or copying during normal business hours and as often as the County
through their employees or agents may deem necessary and appropriate, except
for those records that are confidential and exempt from disclosure pursuant to
Florida law. Such records shall be maintained by the GAL in accordance with the
State retention schedule. The County shall have the right to obtain and inspect
any audit pertaining to the performance of this Agreement as permitted by law.
B. The GAL shall maintain at the Program office within the Sixteenth Judicial
Circuit the complete and accurate records and supporting documentation of the
work and /or services provided by this position, as well as expenses, costs,
invoices, and materials provided and performed and chargeable by the GAL to the
County.
C. The Statewide GAL Office is responsible for compliance with all requirements of
federal and state employment laws, and shall fully indemnify the county from any
liability under such laws, as authorized by s. 768.28 (19), to the extent such
liability is the result of the acts or omissions of the Statewide Guardian Ad Litem
Office or its agents or employees, including but not limited to claims arising
under Title VII of the Civil Rights Acts of 1964; Title I of the Americans with
Disabilities Act, 43 U.S.C. § 1983; the Family Medical Leave Act; the Fair Labor
Standards Act; chapters 440, 443, 447 and 760, Florida Statutes; Section
112.3187, F.S.; and the Age Discrimination in Employment Act, as amended from
time to time.
SECTION FOUR: TERM /EFFECTIVE DATE
The position provided for in Section One shall commence July 1, 2012 and continue through
June 30, 2013. At the conclusion of this term, the Parties may agree to renew this agreement
for Fiscal Year 2013 -14. Absent written agreement to continue the terms of this Agreement
by July 1, 2013, this Agreement shall lapse and /or automatically terminate. Continuation of
this Agreement is subject to annual appropriation by the Board.
SECTION FIVE: BUDGET
Any and all funds provided by the County shall be used for the position described herein and
any unused portions of funds shall be returned to the County within thirty (30) days of the
end of the state fiscal year 2012 -13, with an accounting summary to reflect how and to what
extent funds were used.
SECTIO SIX: PUBLIC RECORDS
The Parties acknowledge that this Agreement and any related financial records, audits,
records, plans, correspondence, and other documents related to this agreement may be subject
to public disclosure pursuant to Chapter 119, Florida Statutes. In the event a party fails to
abide by the provisions of Chapter 119, Florida Statutes, the other party, without prejudice to
any right or remedy, and after giving that party five (5) days written notice and that party fails
to allow access to such documents within that period, may terminate this Agreement.
SECTION EIGHT: COMPLETE AGREEMENT
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements, whether oral or written.
It is further agreed that no modification, amendment, or alteration in the terms or
conditions contained herein shall be effective absent a written document executed by the
Parties hereto.
The foregoing sets forth the terms and conditions of the Agreement between the GAL and
the County. This Agreement takes effect on the date last signed below.
IN WITNESS WHEREOF, the Parties hereto have executed by signature their
agreement herewith on this / Z day of , 2012.
APPROVED:
BOARD OF COUNTY COMMISSIONERS OF MON B R E COUNTY
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STATEWIDE GUARDIAN AD LITEM OFFICE
By:
Alan F. Abramowitz, Executive Director
Statewide Guardian ad Litem Office
Date:
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CASE COORDINATOR I
DISTINGUISHING CHARACTERISTICS OF WORK
This is responsible professional work with a circuit court Guardian ad Litem (GAL) Program,
coordinating the advocacy of the best interests of abused, neglected and abandoned children, children
involved in a dissolution of marriage, and children who are victims of or witnesses to criminal acts.
The case coordinator gathers information relating to the case and gives recommendations and written
reports to the court. The case coordinator attends court hearings, depositions, case plan conferences,
dependency mediations, staffings, and meetings with the Department of Children and Families and
other social service agencies. The case coordinator assigns tasks to volunteers to expedite case work
and promote timely permanency objectives. Extensive contact is made with the Department of
Children and Families, local law enforcement agencies, the Office of the State Attorney, schools,
teachers, doctors, attorneys, psychologists, psychiatrists, social workers, and a variety of other social
service agencies and professionals. The case coordinator must exercise discretion in dealing with
confidential and extremely sensitive issues before the court. Work is performed under stressful
conditions and involves contact with individuals involved in emotional and traumatic situations.
Work is performed under the general supervision of the Program Director.
EDUCATION AND TRAINING GUIDELINES
Bachelor's degree from an accredited four year college or university with a major in
sociology, social work, psychology, child development, education, communications, or a related
social science, and one year of experience in a program of social service, counseling, teaching, or
supervising volunteers.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of Florida Statutes relating to child protection. Knowledge of the principles and
dynamics of child development. Knowledge of the issues and dynamics of child abuse and neglect,
domestic violence, and the.effects of a dissolution of marriage on children. Knowledge of social
services available to children. Knowledge of the operations of the Florida State Courts System and
the Guardian ad Litem program. Ability to communicate effectively with people from culturally and
economically diverse backgrounds, and people involved in emotionally distressing situations. Ability
to supervise and coordinate case work activities of volunteers. Ability to encourage and motivate
volunteers. Ability to maintain proper documentation on case activity and to assist in the preparation
of detailed court reports recommending a course of action for children. Ability to communicate
effectively and deal tactfully with individuals involved in litigation and stressful situations.
Effective: October 1, 1993
Revised: October 1, 2002
Revised: January 1, 2004
Guardian ad Litem
Pay Grade 116
* * ** One employee who performs these functions as an OPS grant employee
ATTACHMENT B
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and
Community -Based Organizations, county travelers, and contractual parties who
have reimbursable expenses associated with Monroe County business. These
guidelines, as they relate to travel, are from the Monroe County Code of Ordinances
and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the
reimbursable expense request needs to also contain the following notarized certified
statement:
"I certify that the above checks have been submitted to the vendors as noted
and that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners
and will not be submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not
be considered for reimbursement. Remember, the expense should be paid prior to
requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in
the contract. This document should not be considered all- inclusive. The Clerk's
Finance Department reserves the right to review reimbursement requests on an
individual basis. Any questions regarding these guidelines should be directed to
305 - 292 -3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter - company allocations are
not considered reimbursable expenditures unless appropriate payroll journals for
the charging department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense
is needed. If a Payroll Journal is provided, it should include: dates, employee
name, salary or hourly rate, total hours worked, withholding information and
payroll taxes, check number and check amount. If a Payroll Journal is not
provided, the following information must be provided: pay period, check amount,
check number, date, payee, support for applicable payroll taxes.
1
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be
included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance
payments are not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for
reimbursement. The log must define the date, number of copies made, source
document, purpose, and recipient. A reasonable fee for copy expenses will be
allowable. For vendor services, the vendor invoice and a sample of the finished
product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the
date, the number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called,
the caller, the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for
Reimbursement of Travel Expenses. Travel reimbursement requests must be
submitted and will be paid in accordance with Monroe County Code of Ordinances
and State laws and regulations. Credit card statements are not acceptable
documentation for reimbursement. If attending a conference or meeting a copy of
the agenda is needed. Airfare reimbursement requires the original passenger
receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the
audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases
should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the
airport for a business trip is not reimbursable. Parking is considered a reimbursable
travel expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be
zero. Room must be registered and paid for by traveler. The County will only
reimburse the actual room and related bed tax. Room service, movies, and
personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of
departure. For example, driving from one's home to the airport for a business trip
is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for
breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non - allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay
expenditures (unless specifically included in the contract), contributions,
depreciation expenses (unless specifically included in the contract), entertainment
expenses, fundraising, non - sufficient check charges, penalties and fines.
ATTACHMENT C
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name for the time period
of to
Check #
Payee Reason
Amount
101
Company A Rent
$ X,XXX.XX
102
Company B Utilities
XXX.XX
104
Employee A P/R ending 05/14/01
XXX.XX
105
Employee B P/R ending 05/28/01
XXX.XX
(A)
Total
$ X.XXX.XX
(B)
Total prior payments
$ X,XXX.XX
(C)
Total requested and paid (A + B)
$ X,XXX.XX
(D)
Total contract amount
$ X,XXX.XX
Balance of contract (D -C)
X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200
by who is personally known to me.
Notary Public
Notary Stamp
4