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Item O9County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: 0.9 Agenda Item Summary #4206 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, 2018 through June 30, 2019 (State FY 2018 - 2019). 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 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: CONTRACT /AGREEMENT CHANGES: The key terms of the ILA are as follows: The County will provide funding on a 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: SKM 45818042616240 FINANCIAL IMPACT: Effective Date: July 1, 2018 Expiration Date: June 30, 2019 Total Dollar Value of Contract: $63,000.00 Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 05/16/18 001 -04100 -GUARDIAN AD LITEM $63,000.00 REVIEWED BY: Cynthia Hall Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 05/01/2018 3:17 PM Completed 05/01/2018 3:24 PM Completed 05/01/2018 3:27 PM Completed 05/01/2018 9:25 PM Pending 05/16/2018 9:00 AM U'V�Ll p��Iqllq Ag'21 gjjgllrj� 111:1 1� � 0 4 q N � 11�liiili I i A NO 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 VTTEREAS, the Board desires to achieve these aims by entering into this Interlocal Agreement; and 1 1 , M�i'I—A'AS, 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 hereinafter described, and, in particular, to spell out the manner of employing necessary personnel pursuant to § 163.01(5)(g); and VV`HEREAS, in June 2013 the Parties entered into an interlocal agreement whereby the and conditions specified in the agreement; and WHEREAS, the June 2017 interlocal agreement between the Parties ("June 2017 ILA") specified that the agreement would only run for one year, from July 1, 2017 to June 30, 2018; and WHEREAS, the Parties wish to continue to ftmd the position on the terms and conditions specified in the June 2017 ILA. Attachment "A." 04 If. The GAL agrees to pay the individual hired in this position at the rate of $18.50 per hour at forty hours per week for a period of 52 weeks under the term of the 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 2 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 $63,000, over the term of the Agreement (pro -rated if the Agreement begins after July 1, 2018). 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 CD priority in making reimbursement to the GAL. N r 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 16 ffi 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 F. The payments from the County to the GAL made pursuant to this Agreement are (i) sourced from income of a revenue nature received from taxes and fees levied by the County, a political subdivision to the State of Florida; (ii) are intended for the exclusive use of the GAL; and (iii) pursuant to 215.22(2) f.s., are exempt from the appropriation and service charge referenced in 215.20 Es. A. All records and contracts required by this Agreement shall be available for audit, inspectiR n 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. E 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, (D invoices, and materials provided and performed and chargeable by the GAL to the County. N El 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 2018-2019, with an accounting summary to reflect how and to what extent funds were used. 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 c, that are not contained in this document. Accordingly, it is agreed that no deviation from the terrns 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. 7=5regoing sets lorin 0101 :Xcoll the County. This Agreement takes effect on the date last signed below. IN WITNESS WHEREOF, the Parties hereto have executed by signature thel" agreement herewith on this day of 2018. 1 M'122tkm BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY 0 Deputy Clerk M Mayor STATEWIDE GUARDIAN A JTEM OFFICE By: .. Alan F. Abramowitz, Executive Director Statewide Guardian ad Litem Office Attachment A 8401 :11 1 1 / 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. The child advocate manager may personally conduct the following tasks or may supervise a group of volunteers who: gather information relating to the case and give recommendations and written reports to the court on the best interests of dependent children. The child advocate manager may personally or may oversee the work of volunteers as, they: attend court hearings, depositions, case plan conferences, dependency mediations, staffing's, and meetings with the Department of Children and Families, community based care lead agencies and other state, local and private social service agencies. The child advocate manager 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 child advocate manager 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. 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 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 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 Revised: January 5, 2015 Guardian ad Litem Pay Grade 116 ATTACHMENT B BMT 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: Reimbursement requests will be monitored in accordance with the level of dctail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the ri&t to review reimbursement re on an guidelines should be directed to 305-292-3534. I Mm reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for a reimbursement. For overnigh! or Rents, Leases, etc® A copy oft e rental or lease agreement is required. Deposits and advance payments are not allowable expenses. 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 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. 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 ( anization_Nam ) for the time period of to Check # Payee 101 Company A 102 Company B 104 Employee A 105 Employee B (A) Total (B) Total prior payments Reason Rent Utilities P/R ending 05/14/01 P/R ending 05/28/01 (C) Total requested and paid (A + B) (D) Total contract amount Balance of Contract (D — C) Amount $X,XXX.XX XXX.XX XXX.XX XXX.XX X XXX.XX $X,XXX.XX $X,XXX.XX $X,XXX.XX X X I certify that the above checks have been submitted to the vendor 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 documents) Sworn to and subscribe before me this day of who is personally known to me. 20 by Notary Public Notary Stamp