Item J1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013 Division: _Guardian Ad Litem Program
Bulk Item: Yes X No
Department: Guardian ad Litem Program_
Staff Contact /Phone #: Alexsandra Leto 292- 3485
AGENDA ITEM WORDING: Approval of 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, 2013 through June 30, 2014 (State FY 2014).
ITEM BACKGROUND: For many years, the County has hired and placed a Case Coordinator and
one other position within the local Guardian Ad Litem office. Both were County employees but
supervised by the local Guardian Ad Litem program. In 2012, the Florida legislature passed Senate
Bill 1960, now codified in Section 39.8297 F.S., stating that if counties provide funding for positions
in the GAL program, they may enter into an interlocal agreement with the GAL program which, at a
minimum, provides that the GAL program will indemnify the County for any violation of state and
employment laws. The County and the Statewide GAL Office have reached agreement on terms of an
ILA covering this position.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: The key terms of the ILA are as follows: The County
will provide funding on a reimbursement basis for the Case Coordinator position, subject to annual
appropriation of the BOCC. The individual will be an employee of the Statewide GAL Office, not the
County, for all purposes, including workers' compensation and unemployment. The Statewide GAL
Office will indemnify the County for any liability under state and federal employment laws.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST $35,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $35,000 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty A/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Statewide GAL Office Contract #
Effective Date: July 1, 2013
Expiration Date: June 30, 2014
Contract Purpose/Description:
Approval of 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, 2013 through June 30, 20143 (State FY 2014).
Contract Manager: Alexsandra Leto 3485 Guardian ad Litem Program 9-B
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on June 19, 2013 Agenda Deadline: June 4, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 35,000 Current Year Portion: $ 26,250
Budgeted? Yes® No ❑ Account Codes: 001- 04100- 530-340-
Grant: $ - - - -
County Match: $ - - - -
Estimated Ongoing Costs: $_/yr
(Not included in dollar value above)
Division Director
ADDITIONAL COSTS
For:
CONTRACT REVIEW
Changes
Date In Needed
Yes❑ No❑
R PviPwer
etc.
Date Out
Risk Management %�-ayes[:] No[
O.M.B./Purchasing Sag 13 Yes❑ NoEa S aq
County Attorney23 2013 yes❑ NoEf/S Z3 Zvl 3
Comments:
FMB Form Revised 2/27/01 MCP #2
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); and
WHEREAS, in December 2012 the Parties entered into an interlocal agreement whereby
the County agreed to provide funding on a reimbursement basis for the position on the
terms and conditions specifid in the agreement; and
WHEREAS, the December 2012 interlocal agreement between the Parties ("December
2012") specified that the agreement would only run for one year, from July 1, 2012 to
June 30, 2013; and
WHEREAS, the Parties wish to continue to fund the position on the terms and conditions
specified in the December 2012 ILA.
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 FTE Other Personnel Services position with the title
Case Coordinator for the period of July 1, 2013 through June 30, 2014, 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, 2013).
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), 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, 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, 2013 and continue
through June 30, 2014. At the conclusion of this term, the Parties may agree to renew
this agreement for the following fiscal year. 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 2013-14, with an accounting summary to reflect how
and to what extent funds were used.
SECTION 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 day of 12013.
APPROVED:
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
UA
Deputy Clerk
LIN
Mayor
STATEWIDE GUARDIAN AD LITEM OFFICE
By:
Alan F. Abramowitz, Executive Director-`� ��
Statewide Guardian ad Litem Office
MONROE COUNTY ATTORNEY
APPAVED A$ 7O1gO@J$:
ASSISTANT CO NTY ATTORNEY
Date GJZ �Z01-5