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Item M5BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting June 21, 2017 Agenda Item Number: M.5 Agenda Item Summary #3058 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Alexsa Leto (305) 292 -3485 N/A AGENDA ITEM WORDING: Approval of Agreement with Statewide Guardian Ad Litem Office for Reimbursement of Child Advocate Manager services to provide funding for Child Advocate Manager position, for time period July 1, 2017 through June 30, 2018 (State FY 2017 - 2018). ITEM BACKGROUND: For many years, the County has hired and placed a Child Advocate Manager 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 inter -local agreement with the GAL program, which, at minimum, provides that the GAL program will indemnify the County for any violation of state and federal employment laws. The County and the Statewide GAL office have reached agreement on terms of an ILA covering the position. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: The key terms if the ILA are as follows: The County will provide funding on reimbursement basis for the Child Advocate Manager 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 worker's compensation and unemployment. The statewide GAL Office will idemnify the County for any liability under state and federal employment laws. STAFF RECOMMENDATION: Approval. DOCUMENTATION: GAL ILA FINANCIAL IMPACT: Effective Date: July 1, 2017 Expiration Date: June 30, 2018 Total Dollar Value of Contract: $60,000.00 Total Cost to County: $60,000.00 Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: No County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Cynthia Hall Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 06/01/2017 8:57 AM Completed 06/01/2017 9:19 AM Completed 06/06/2017 8:03 PM Completed 06/06/2017 8:48 PM Pending 06/21/2017 9:00 AM EMMIM u ■ ■... 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 htem 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 InterlocaI 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 P, EMMIM 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 § 163.0](5)(g); and WHEREAS, in June 2013 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 specified in the agreement; and WHEREAS, the June 2016 interlocal agreement between the Parties ("June 2016") specified that the agreement would only run for one year, from July 1, 2016 to June 30, 2017; and WHEREAS, the Parties wish to continue to fund the position on the terms and conditions specified in the June 2016 ILA. NOW, THEREFORE, that for and in consideration of the terms, conditions and covenants hereinafter provided, the Parties agree as follows: � 1 11 *11ileleklill A. The GAL agrees to hire a 1.0 FTE Other Personnel Services position with the title Child Advocate Manager for the period of July 1, 2017 through June 30, 2018, 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 $17.00 per hour at forty hours per week for a period of 52 weeks under the term of the A greement. 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. N P, EMMIM 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 $60,000 over the term of the Agreement (pro-rated if the Agreement begins after July 1, 2017). 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 Litern Office or the local guardian ad litem office within the 10 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: 1 4 1 7- r u M - Mct rt=J_VT;7 TV Financial Resources P.O. Box 10628 Tallahassee, Florida 32302 3 F, EMMIM 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. JJZ]#. Do H H IT 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 2017-2018, with an accounting summary to reflect how and to what extent funds were used. 1 1 1 , I R3 Dreg 11 i'l I 11�]! 1 1 111! i [111 ! 1 liirffz W X40 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 tenns 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 . . . . .................. -.1 IN M R P, EZMMTM D�ffl V Fill il I ill'i9rWIFTRY."Im i ............. ffi Fi m Eff6cfive: October 1, 1993 Revised: October 1, 2002 Revise& JanuatT 1, 2004 Revised: January 5, 2015 Guardian ad Litem F, FEMMIM will 11 « ilill 1111111111111111 1111111! 11 m +2¥« ¥72«2§¥2 ffm it Auman Service ane Corn munit - # wz5 Organizations, county travele;s, and contractual parties «§o§ »» reimbursable expenses associated with Monroe County business. These guidelines, m2 © relate to tra :fro m , the Monroe County Code of Ord21 »22» d State laws and regulations. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract 2 required for a reimbursement. For overnight or express deliveries. the vendor invoice must be includelt P, EZMMTM,i F, EMMIM Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL PER DIEM, MEAL, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state 2© travel »»< L< /« prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.« . for lunch reimbursement, and before 6 p.m. and end after 8 p.m %r£ me: reimbursement. P, EMMIM MUMSYMUO Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 MIN The following is a summary of the expenses for (Organization blame) for the finne period of __ to Check 4 Payee Reason Amount Rent Utilities (C) Total requested and (D) Total contract amount Balance of Contract (D C) MIT= �I M Attachments (supporting documents) XXX.Xlzl XXXXX XXX-Y_Y_ Sworn to and subscribe betbre me day of 20 ­­.­,__.,,_ by who is personally known to me. Notary Public Notary Stamp