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12/12/2012 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 19, 2012 TO: Teresa Aguiar Employee Services FROM: Pamela G. Ham, 'O. C. At the December 12, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item C1 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 ✓ INTERLOCAL AGREEMENT FOR PERSONNEL SERVICES AND ASSIGNMENTS BY AND BETWEEN MONROE COUNTY, FLORIDA, AND THE STATEWIDE GUARDIAN AD LITEM OFFICE THIS AGREEMENT, made and entered into on the date(s) specified herein, by and between the STATEWIDE GUARDIAN AD LITEM OFFICE (hereinafter called the "GAL "), and the Board of County Commissioners of Monroe County, Florida (hereinafter called the "COUNTY "), which when referenced together shall hereinafter be called "the Parties." WITNESSETH WHEREAS, Florida children involved in the State's dependency system have long been aided by Guardian ad Litem (GAL) programs located within the State's Judicial Circuits; and WHEREAS, the circuit programs historically were under and reported to the local court administration offices; and WHEREAS, in 2003 the Florida Legislature found, in Florida Statute § 39.8296(1)(b), that this reporting mechanism created perceived conflicts, and thus created, in Florida Statutes § 39.8296(2), a Statewide Guardian ad Litem Office, which it administratively located within the Florida Justice Administrative Commission (FJAC); and WHEREAS, pursuant to Florida Statutes § 39.8296(2)(b), the Statewide GAL Office is required to provide oversight responsibility and technical assistance to each of the local, circuit -based GAL programs; and WHEREAS, pursuant to Florida Statutes § 43.16(5)(a), the FJAC must provide all administrative services and assistance to the Statewide GAL Office; and WHEREAS, Florida Statutes § 29.008(1) requires the Monroe County Board of County Commissioners (the Board) to provide facilities, communications equipment and maintenance to the GAL program operating in Monroe County; 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 recognizes the benefit the Monroe County GAL program provides to the County's children involved in the State's dependency system and desires to provide, in its discretion, additional personnel support to the local GAL program as set forth herein; 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, it is declared to be the purpose of this Interlocal Agreement to define the GAL services to be provided to the Monroe County -based GAL program by the COUNTY, and to set forth the rights and responsibilities of the Parties as to same, and the Parties therefore agree as follows: 1. LOCAL OPTION GUARDIAN AD LITEM COURT SUPPORT STAFF Based upon the Statewide GAL Office's certification of need, the COUNTY agrees to provide funding to pay for salary and benefits sufficient to pay for one (1) Guardian ad Litem Senior Administrative Assistant position to assist with the operation of the Circuit's Guardian ad Litem program in Monroe County (annual salary $43,762.15 plus benefits, 40 hours per week). The Parties agree that for budgetary, organizational or any other, or no reason, the COUNTY may choose to discontinue funding the position. Funding is subject to an annual appropriation by the Board of County Commissioners. 2. PROVISIONS GOVERNING COUNTY- FUNDED POSITION a. Employment Status - The persons employed will be hired, supervised, managed, and terminated by the executive director of the Statewide GAL office. The County is the employer for the purpose of Section 440. 10, F. S. (workers' compensation) and Chapter 443, F.S. (unemployment benefits), only. b. Position Title, Salary and Pay Grade — The position title, salary and/or pay grade level of the individual hired pursuant to this Agreement may be modified by agreement of the COUNTY and the Circuit GAL Executive Director due to job classification reorganization or for other good cause shown. Any such revision shall be in writing and signed by the Executive Director of the Statewide GAL Office and the County Administrator 2 or designee, subject to approval of the Board of County Commissioners. Any increase in salary or pay grade of the personnel whose positions are funded as described in paragraph (1), above, beyond current levels, requires the prior written consent of the Board of County Commissioners. C. Evaluation and Discipline - Because this position involves solely GAL - related duties, the Circuit Director of the 16th Circuit GAL program, or his or her managerial designee, shall evaluate and discipline the employee as may be appropriate. This position shall serve at the sole will and pleasure of the Guardian ad Litem Program and may be terminated by the Program for any lawful reason. A person holding the position may not seek review of any disciplinary or other employment decision of the Program or his or her designee via any policy or rule of the COUNTY. d. Reimbursement - The loaded salary (salary with benefits) for the Senior Administrative Assistant will continue to be paid in the current manner as long as Lacey Caraballo is in the position, meaning that the salary will be paid based on a biweekly pay period, issued two weeks in arrears via a Monroe County paycheck. When Ms. Caraballo departs the position, the position will revert to a GAL OPS position and be paid for by the County on a reimbursement basis. Payments shall then be made periodically, but no more frequently than monthly, as hereinafter set forth. i. On or before the first month of the Agreement when occupied by a new employee, the County shall place on deposit an amount equal to one - twelfth (1/12) of the annual budgeted amount, sufficient to pay for one (1) month's worth of salary and benefits for the positions described in paragraph (1), above, minus any offsets necessary for payment of unemployment or workers' compensation benefits to any current or former employees of the GAL program. ii. Thereafter, reimbursement requests shall be submitted to the Board via the Clerk's Finance Office, no later than the tenth (10th) day of the following month, beginning on the tenth (10th) day of the second (2nd) month of the term of this Agreement, for the previous month, in arrears. iii. 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 A — 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 B. iv. 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 3 authorized by Monroe County Board of County Commissioners through the budgetary process. 3. DURATION AND TERMINATION This Agreement will automatically renew annually on the first day of each County fiscal year unless the GAL program informs the COUNTY in writing that it no longer requires the funded position, or the County Administrator or his or her designee states in writing that the COUNTY is exercising its right to cease funding the position. The position funded by this Agreement shall terminate upon the expiration of, or substantial breach of, the Agreement, or upon the expiration of COUNTY funding, from whatever source, for the position. Nothing in this Agreement obligates the State of Florida, or any of its agencies, offices or subdivisions to fund any personnel positions. 4. SEVERABILITY AND EFFECT ON PRIOR AGREEMENTS This Agreement represents the sole agreement between the Parties. Should any section, sentence or clause of this Agreement be deemed unlawful by a Court of competent jurisdiction, no other provision hereof shall be affected and all other provisions of this Agreement shall continue in full force and effect to the extent permitted by law. The Parties agree that upon the effective date of this Agreement, this Agreement shall supersede all previously approved/adopted formal or informal agreements or understandings between the Parties on the same subject(s). 5. INDEMNIFICATION The Statewide GAL Office is responsible for compliance with state and federal employment laws. The Statewide GAL Office as a State agency or subdivision as defined by Section 768.28, Florida Statutes, and by virtue of the authority granted to- it in Section 768.28(19), F.S., agrees to fully indemnify the COUNTY from any liability as authorized thereby as a result of any acts or omissions of the Statewide GAL 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. 6. MISCELLANEOUS Both parties agree that their officers and employees are required to comply with the standards of conduct for public officers and employees as delineated in Sections 112.313 and 112.3143, Florida Statutes, regarding, but not limited to, the following subjects: Gifts, doing business with one's own agency, unauthorized compensation, misuse of public position, conflicting employment or contractual relationships, and disclosure or use of certain information. 4 The County and the Statewide GAL Office each warrant that, with respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or business entity other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, the parties agree that the County shall have the right to terminate this Agreement and offset from monies owed the full amount of such fee, commissions, percentage, or consideration. 7. EFFECTIVE DATE This Agreement shall be effective upon the filing of a fully executed copy of this Agreement with the Clerk of the Circuit Court of Monroe County, Florida, pursuant to § 163.01 (11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 12A day of , 2012. APPROVED: (Seal) Attest: C ATTEST: CLERK OF CIRCUIT COURT Deputy Clerk Printed Name: , A "i ►-�� a�' 1 ' `' Title: C1,9 -4 Act' Date: 12 1IzIs•,t STATEWIDE GUARDIAN AD LITEM OFFICE By: Printed Name: IAti t• 0mcs Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY N r- - rri y Mayor Printed Name: G e +.- �. Ntv cN -+ _ r� o Title: I� • v G ai rv► • v Date: 12 I 11 2. I l ° MON PEi NTY AT TORNEY AP A T F M: N IA L. HAL 5 ASSIST NT CO NTY ATTORNEY Date .L( _ - a I �— MONROE COUNTY JOB DESCRIPTION Position Title: SR ADMINISTRATIVE ASSISTANT I Date: 08/17/12 Position Level: 9 1 FLSA Status: Nonexempt Class Code: 8 -16 GENERAL DESCRIPTION Primary function is to perform specialized office and administrative work within the GAL department. KEY RESPONSIBILITIES 1. Acts as personal secretary/administrative aide to the Supervisor 2. Maintains the supervisor's calendar, schedules appointments, and makes travel arrangements. Keeps supervisor informed of scheduled appointments. 3. Assists in budget preparation and monitoring budget control. 4. General HR duties. Responsible for preparing and Processing all Personnel Action Forms, as well as New Hire's, Reviews all documents pertaining to Employee's to ensure compliance with County and State policies and regulations; ensure time keeping and payroll is accurately reflected and meets the payroll deadlines. 5. Receives and routes all incoming mail and faxes for necessary action. 6. Processes purchase orders, invoices and travel vouchers for the department. 7. Types and composes correspondence. 8. Answers telephone and greets public. 9. Maintains office stock supplies. 10. Prepare and/or research agenda items as necessary. 11. Other clerical and administrative 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. MckA 1let,- A Position Title: SR ADMII*4ISTRATIVE ASST Class Code: 8 -16 Position Level: 8 KEY JOB REQUIREMENTS Education: H.S. Diploma or GED required. Experience: 3 to 5 years. Impact of Actions: Makes recommendations or decisions which usually affect the assigned department, Name: but may at times affect operations, services, individuals, or activities of others outside County Administrator: of the assigned department. Complexity: Varied: Work is complex and varied and requires the selection and application of technical and detailed guidelines. Problems are not easy to identify, but are similar to those seen before. Moderate analytic ability is needed to gather and interpret data where results /answers can be found after analysis of several facts. Solutions can often be found by using methods chosen before in other situations. 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 study previously established, often partially relevant guidelines; plan for various interrelated activities; and coordinate such activities within a work unit or while completing a project. Communication Requires regular contact with internal and external persons of importance and with Others: influence involving considerable tact, discretion and persuasion in obtaining desired actions and/or managing relationships at a high level. Managerial Skills: Responsible for orienting and training others, and assigning and reviewing their work. May also be responsible for acting in a "lead" or "senior" capacity over other positions performing essentially the same work, or related technical tasks and reporting to a higher level on a formal basis. Working Conditions/ Work requires only minor physical exertion and/or physical strain. Work Physical Effort. environment involves only infrequent exposure to disagreeable elements. On Call May be required to provide disaster assistance during times of emergency in any Requirements: capacity deemed appropriate. Other: Valid Florida Drivers License APPROVALS Department Head: Name: Signature: Date: Division Director: Name: Signature: Date: County Administrator: Name: Signature: Date: Position Title: SR ADMINISTRATIVE ASST Class Code: I Position Level: 8 On this date I have received a copy of my job description relating to my employment with Monroe County. Name: Signature: Date: 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. 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. 3 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 (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X (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