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Item N4 N.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: N.4 Agenda Item Summary #5733 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 one (1) Child Advocate Manager Position retroactive to July 1, 2019 through June 30, 2020 (State of Florida FY 2019-2020). 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 reached agreement on terms of an ILA/Agreement covering this position for the period retroactive to 7/1/2019 through 6/30/2020 (State's FY 2019-20). PREVIOUS RELEVANT BOCC ACTION: 1/23/2019 (0-9) BOCC approved Amendment to the 5/15/2018 Agreement revising the language in Section I.B. from ".for a period of 52 weeks under the term of the Agreement." to"...for the remaining term of the Agreement." 5/16/2018 (0-4) BOCC approved Agreement with Statewide Guardian Ad Litem Office for Reimbursement of Child Advocate Manager Services. 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. Packet Pg. 2752 N.4 STAFF RECOMMENDATION: Approval. DOCUMENTATION: EXECUTED AND STAMPED Interlocal Agreement Statewide GAL 7/1/2019 - 6/30/2020: BOCC 7/17/19 (7/8/19) Amendment to 5/16/18 Interlocal Agreement Statewide GAL BOCC 1/23/2019 Interlocal Agreement Statewide GAL BOCC 5/16/2018 FINANCIAL IMPACT: Effective Date: July 1, 2019 Expiration Date: June 30, 2020 Total Dollar Value of Contract: Not to exceed $68,000.00 Total Cost to County: Not to exceed $68,000.00 Current Year Portion: Budgeted: Yes Source of Funds: 001-04100 - GUARDIAN AD LITEM CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: 07/01/19 001-04100 - GUARDIAN AD LITEM $68,000.00 REVIEWED BY: Pedro Mercado Completed 06/27/2019 4:18 PM Budget and Finance Completed 06/27/2019 5:25 PM Maria Slavik Completed 06/28/2019 8:04 AM Kathy Peters Completed 06/28/2019 8:56 AM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2753 N.4.a INTERLOCAL AGREEMENT WITH STATEWIDE GUARDIAN AD LITEM OFFICE FOR REIMBURSEMENT OF CHILD ADVOCATE MANAGER SERVICES THIS INTERLOCAL AGREEMENT, made and entered into on the dates specified r_ herein, by and between the STATEWIDE GUARDIAN AD LITEM OFFICE (hereinafter 2 "GAL")and MONROE COUNTY,a political subdivision of the State of Florida (hereinafter "County"),which, when referenced together, shall be called "the Parties". eo 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 cm 40 WHEREAS, Section 29.008(1), Florida Statutes, requires the Monroe County Board of cm County Commissioners ("Board") to provide facilities, communications equipment and M maintenance to the GAL program operating in Monroe County; and to WHEREAS,the Board recognizes the benefit the Sixteenth Judicial Circuit GAL Program cm 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 co 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 w 0. 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 co WHEREAS, the Board desires to achieve these aims by entering into this Interlocal Agreement; and w WHEREAS, this Interlocal Agreement is entered into pursuant to § 163.01, Florida c� Statutes, and the Parties have the authority pursuant to § 163.01 to enter into said Agreement w concerning the provision of the GAL services under a j oint exercise of power hereinafter described, W and, in particular, to spell out the manner of employing necessary personnel pursuant to § 163.01(5)(g); and Page 1 of 5 Packet Pg. 2754 N.4.a WHEREAS, in June 2013 the Parties entered into an Interlocal Agreement whereby the County agreed to provide funding on a reimbursement basis for the Child Advocate Manager position on the terms and conditions specified in the agreement; and cm r_ WHEREAS, the Interlocal Agreement entered into by the Parties on May 16, 2018, as 2 amended January 23, 2019,provided reimbursement for the Child Advocate Manager position for 0� the period July 1, 2018 through June 30, 2019; and eo WHEREAS, the Parties wish to continue to provide funding for the Child Advocate Manager position under the same terms and conditions as the current Interlocal Agreement for the period July 1, 2019 through June 30, 2020; t� NOW THEREFORE,in consideration of the terms, conditions and covenants hereinafter provided, the Parties agree as follows: cm 40 cm SECTION ONE: GUARDIAN AD LITEM RESPONSIBILITIES40 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, 2019 through June 30, 2020, with the primary cm duties and responsibilities of the position to include: See Attachment "A. "Position Description. B. The GAL agrees to pay the individual hired in this position at the rate of$22.00 per hour at forty hours per week for the term of the Agreement. co 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 County is the employer for purposes of s. 440.10 and chapter 443. co 0 SECTION TWO: COUNTY RESPONSIBILITIES c� 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, state and federal w unemployment taxes, retirement benefits, and insurance benefits, if applicable related to the individual hired in the position, not to exceed $68,000, over the term of the E Agreement (pro-rated if the Agreement begins after July 1, 2019). Page 2 of 5 Packet Pg. 2755 N.4.a 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 cm the Florida Local Government Prompt Payment Act. The GAL agrees to provide the r_ County with documentation of all costs represented on the invoice if requested and the 2 County may require documentation of expenditures prior to approval of the invoice, 0� 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 T- 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. t� 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 cm regulations, which are submitted in accordance with Attachment B Expense cm Reimbursement Requirements. Evidence of payment by the Statewide Guardian ad M Litem Office or the local guardian ad litem office within the 16 '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 cm 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. co 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 S 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 fee's levied by the 0. 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 co and service charge referenced in 215.20 f.s. z SECTION THREE: PUBLIC RECORDS AND HOLD HARMLESS t� 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 Page 3 of 5 Packet Pg. 2756 N.4.a 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. cm r_ B. The GAL shall maintain at the Program office within the Sixteenth Judicial Circuit the 2 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. eo C. The Statewide GAL Office is responsible for compliance with all requirements of federal and state employment laws and, to the extent set forth in F.S. 768.28, 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, cm 43 U.S.C. § 1983; the Family Medical Leave Act; the Fair Labor Standards Act; chapters cm 440, 443, 447 and 760, Florida Statutes; Section 112.3187, F.S.; and the Age M Discrimination in Employment Act, as amended from time to time. cm SECTION FOUR: TERM/EFFECTIVE DATE The position provided for in Section One shall commence July 1, 2019 and continue through June 30, 2020. 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, 2019, this Agreement shall lapse and/or automatically terminate. Continuation of this co 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 2019-2020, with an accounting summary to reflect how and to what extent funds were used. w SECTION SIX: PUBLIC RECORDS co 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 0 provisions of Chapter 119, Florida Statutes, the other party, without prejudice to any right or w remedy, and after giving that party five(5) days written notice and that party fails to allow access W to such documents within that period, may terminate this Agreement. Page 4 of 5 Packet Pg. 2757 C14 SECTION SEVEN: COMPLETE AGREEMENT r_ .2 2 This document incorporates and includes all prior negotiations, correspondence, conversations, > agreements, or understandings applicable tote 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. eo t, 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. 0 The foregoing sets forth the terms and conditions of the Agreement between the GAL and the cm Q County. This Agreement takes effect on the date last signed below. cm Q M IN WITNESS WHEREOF,the Parties hereto have executed by signature their agreement herewith on this.--day of July,2019. cm APPROVED: (SEAL) 4) co ATTEST: KEVIN MADOK,Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA E By: By: Deputy Clerk Mayor Sylvia J.Murphy W STATEWIDE GUARDIAN AD LITEM OFFICE co By: 0 z Alan F.Abra mowit z_Execut I iv.e_Di r,e,ctor AriL Statewide Guardian ad Lite rn Office ED RM W PIED MERCADO ASSIST mqT wffy W X W E Page 5 of 5 Packet Pg. 2758 N.4.a Attachment A 8401 CHILD ADVOCATE MANAGER I M 0 2 a DISTINGUISHING CHARACTERISTICS OF WORK This is responsible professional work with a circuit court Guardian ad Litem (GAL) Program, eo 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 0 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 cm permanency objectives. Extensive contact is made with the Department of Children and Families, local cm 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 cm 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 co one year of experience in a program of social service, counseling,teaching,or supervising volunteers. KNOWLEDGE SKILLS AND ABILITIES E 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 CL 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 0 individuals involved in litigation and stressful situations. to Effective: October 1, 1993 Revised: October 1,2002 Revised: January 1,2004 Revised: January 5,2015 Guardian ad Litem Pay Grade 116 Packet Pg. 2759 ATTACHMENT B Expease.Reimbursement Requirements cm r_ This document is intended to provide basic guidelines to Human Service and Community-Based .2 .T 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 arid State laws and regulations. eo t�l .A. cover letter(see.Attachment B) summarizing the major line items on the reirnbursable 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 0 attached expenses are accurate and in agreement with the records of this organization. ca Furthermore,these expenses are in compliance with this organization's contract with the Monr oe cm County Board of County Commissioners and will not be submitted for the reimbursement to any cm Q other funding source." M 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 reimbursement. cm Only current charges will be considered,no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. M This document should not be considered all-inclusive. The Clerk's Finance Department reserves 0 the right to review reimbursementrequests on an individual basis. Any questions regarding these co guidelines should be directed to 305.-292-3534. E 0 Data Processing,PC Time, etc. 2 0) The vendor invoice is required forreirribursernent. Inter-company allocations are not considered < reimbursable expenditures unless appropriate payroll journ.als for the charging department are attached and certified. Payroll W A.certified statement verifying the accuracy and authenticity ofthe 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 amoun cot. 0 Z If a.payroll Journal is not provided,the following information must be provided: pay period, check amount, check number, date,payee, and support for applicable payroll taxes. W Postage, Overnight.Deliveries,Courier, etc. W X A log of all postage expenses as they relate to the County contract is required for a W .;j reimbursement., For overnight or express deliveries,the vendor in.voice must be included. E Packet Pg. 2760 N.4.a Rents,Leases, etc® A.copy of the rental or lease agreement is required. Deposits and advance payurnernts are notcm allo cable e peruses. e_ a� a Reproductions, Copies, etc. A log of copy expenses as they relate to the Co ty contract is r- uuired for reimbursement, The log must define the date, number of copies made, source docu n .tco ro purpose, and recipient. A reasonable fee:for copy expenses will be allowable. For vender services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. c� t� For supplies or services ordered, a vendor invoice is required. Telefa ,Fay etc cm A.fay.log is required. The log must define tine sender,the intended recipient, the date, the number called, and the reason for sending the fay. Travel and Meal Expenses cm Travel expenses must be submitted on a State of Florida Voucher for Reimbursement o:fTravel Expenses. "gravel reimbursement requests must be submitted and will be paid in accordance with Monroe oe County Code of Ordinances and States laws and regulations. Credit card statements are � not acceptable documentation erntationn for rei buurse ernt. 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 rentalco reimbursement requires the vendor invoice. Fuel purchases should be documented with paid :receipts. Taxies 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 reirnbursable, garbing is ' considered a reimbursable travel e peruse at the destination. Airport p dung during a baus:arness � tripp 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 tine actual room and 0. related bed tax.. Room service,movies, and personal telephone calls are not allowable expenses. cry Mileage reimbursement shall be at the rate established by ARTICLE E XVI, TRAVLEL,PER DIEM,M, MEALS, AND MILEAGE POLICY of the Monroe oe 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. Packet Pg. 2761 N.4.a Meal reimbursemdnt 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. > eo c� c� M co c U) 0 0 Packet Pg. 2762 N.4.a ATTACHMENT C ORGANIZATION LETTERHEAD r_ Monroe County Board of County Commissioners a Finance Department 500 Whitehead Street Key West, FL 33040 eo Date The followingis a summary p ( m M9!!ization Name) for the time period of � ary of the expenses for O Check# � to Payee0 Reason ca Amount 6 cm 101 Company A Rent $X,XXX XXcm 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 cm (A) Total (B) Total prior payments $X X'XXX XX XXX.XX (C) Total requested and paid (A+B) $X,XXX.XX (D) Total contract amount $X,XXX XX Balance of Contract(D—C) co X�XXX,XX 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 E..._.utiv. .m......... ........_.........._. ...._..........__.. co xec a Director Attachments (supporting documents) Sworn to and subscribe before me this day of 20 b __. .._. who is personally known to me. w Notary ..... ._..,..Public ........__..........._..�.. _..... _�......_ � Notary Stamp Packet Pg. 2763 AMENDMENT TO THE AGREEMENT WITH STATEWIDE GUARDIAN AD LITEM OFFICE FOR.REIMBURSEMENT OF CHILD ADVOCATE MANAGER.SERVICES C14 rid Q into this day of C14 (26---- Q of Monroe County, Florida M WHEREAS, an Agreement was entered into on May 16, 2018,between the parties, for C14 the period July 1, 2018 through June 30, 2019- and E WHEREAS, rising costs require that the contract be changed to increase the contract 4) amount for the Child Advocate Manager Services position from$18.50 per hour at forty hours 2 per week for a period of 52 weeks under the to of the Agreement to $22.00 per hour at forty hours per week for the remainder of the Agreement. NOW, THEREFORE,in.consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: cm cm 1. Section One Paragraph B of the agreement dated May 16,2018, shall be amended by adding the following sentence at the end of the paragraph.. 0 "Commencing December 18, 2018, the GAL agrees to pay the individual.hired in this position.at the rate of$22.00 per hour at forty hours per week.for the remaining term. 4) of the Agreement." 2. The remaining provisions of the Agreement dated May 16, 2018,not inconsistent herewith, shall remain in.full force and effect. E 4) IN WITNESS WHEREOF, the Parties h reto have executed by signature their 2 ,49f66ffint herewith on this ?DA-!i­ day of 20 '1 APPROVED , BOARD OF-COUNTY COMMISSIONERS OF MONROE COUNTY co (SEAL) BOARD OF COUNTY COMMISSIONERS Ln Attest'.--KEVIN MADOK, CLERK OF MONROE I7LJN 10RIDA 0 By- By- E .................... M 0 s"I 'a Deputy Clerk a4v r_ YO, Sylvia J. Murphy 0 E STATEWIDE GUARDIAN AD LIT FFICE E ................... ............ ............................ Alan F. Abramowitz, Executive Director Statewide Guardian ad bite m Office 4."ONROE COUNTY TY ATTORNEY'S OFFICE APPROVED FOR D J2- PAUNECE SCULL ASSISTANT COUNTY DATE: ° Packet Pg. 2764 N.4.c AGREEMENT WITH STATEWIDE GUARDIAN AD LITEM OFFICE FOR REIMBURSEMENT OF CHILD ADVOCATE MANAGER 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". cm cm 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 cm 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 co WHEREAS, the Board recognizes the benefit the Sixteenth Judicial Circuit GAL cm 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 Ln program as set forth herein; and c� c� 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 theco 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 E 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 1 Packet Pg. 2765 a N.4.c 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 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 cm cm WHEREAS, the June 2017 interlocal agreement between the Parties ("June 2017 ILA") to specified that the agreement would only run for one year, from July 1, 2017 to June 30, 2018; and cm WHEREAS, the Parties wish to continue to fund the position on the terms and conditions specified in the June 2017 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 co A. The GAL agrees to hire a 1.0 FTE Other Personnel Services position with the title cm to Child Advocate Manager for the period of July 1, 2018 through June 30, 2019, with the primary duties and responsibilities of the position to include: Ln cn See attached Position Description, Attachment"A." B. 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 Agreement. C. The GAL agrees to manage and supervise the individual hired in this position co 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 county is the employer for purposes of s. 440.10 and chapter 443. 2 Packet Pg. 2766 SECTION TWO: COUNTY RFSPONSIBILITIES 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 to of the Agreement(pro-rated if the Agreement begins cm Q after July 1, 2018). cm Q M 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 cm 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 E documentation of expenditures prior to approval of the invoice, and may 2 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 co thereto,have been approved by the County. However, the County agrees to cm use due diligence in approving and to proceed with a sense of urgency and priority in making reimbursement to the GAL. 0 C. The COUNTY shall only reimburse those reimbursable expenses that are M 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 Lit em Office or the local guardian ad lit em office within the 16'h Judicial Circuit shall be in the form of a letter, U) summarizing expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a E 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 E. Reimbursement by the County shall be made to the GAL at the following address: Statewide Guardian ad Lite nt Office Financial Resources P.O.Box 10628 Tallahassee, Florida 32302 3 Packet Pg. 2767 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 f s. C14 40 C14 40 SECTION THREE: PUBLIC RECORDS AND HOLD HARMLESS M 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 cm 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 E State retention schedule. The County shall have the right to obtain and inspect 2 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 co work and/or services provided by this position, as well as expenses, costs, cm invoices, and materials provided and performed and chargeable by the GAL to the County. Ln 0 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 Lite 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 co'2 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 E 112.3187, F.S.; and the Age Discrimination in Employment Act, as amended from time to time. SECTION FOUR: TERMIEFFECTIVE DATE E .;j The position provided for in Section One shall commence July 1, 2018 and continue through June 30, 2019. At the conclusion of this term, the Parties may agree to renew E this agreement for the following fiscal year. Absent written agreement to continue the terms of this Agreement by July 1,2018,this Agreement shall lapse and/or automatically < terminate. Continuation of this Agreement is subject to annual appropriation by the Board. 4 Packet Pg. 2768 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 2018-2019, with an accounting summary to reflect how and to what extent funds were used. cm Q SECTION SIX: PUBLIC RECORDS cm Q M 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 cm 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 E terminate this Agreement. 2 SECTION SEVEN: COMPLETE AGREEMENT co This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, cm to and the parties agree that there are no commitments, agreements, or understandings T- Ln concerning the subject matter of this Agreement that are not contained in this document. 0 Accordingly, it is agreed that no deviation from the terrn.s hereof shall be predicated upon any prior representations or agreements, whether oral or wnften. 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. co The foregoing sets forth the terms and conditions of the Agreement between the GAL and E 0 the County. This Agreement takes effect on the date last signed below. 2 IN WITNESS WHEREOF,the.Parties hereto have executed by signature their agreement herewith 2018. on this day of APPROVED: ti E J' �BOA-�' COUNTY COMMISSIONERS OF MONROE COUNTY By:, �U Deputy Clerl Mayor----- MONROE" GO�J NI"Y Al TORNE,Y A P Pfl) 's "m V 0 F-KA'. 5 C r MlilA 1- 1 ALL'-­ ASR[STA 4- Packet Pg. 2769 N.4.c STATEWIDE GUARDIAN AD LITEM OFFICE BY; .� ._.......... .. Alan F.Abramowitz, Executive Director Statewide Guardian ad Litem Office cm 40 cm cm co oo cm Ln c� c� co 6 Packet Pg. 2770 N.4.c Attachment A 8401 CHILD ADVOCATE MANAGER I DISTINGUISHING CHARACTERISTICS OF WORK CM 40 This is responsible professional work with a circuit court Guardian ad Litem (GAL) Program, cm 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 cm 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 co contact with individuals involved in emotional and traumatic situations. Work is performed under the cm general supervision of the Program Director. Ln EDUCATION AND TRAINING GUIDELINES, to 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 co 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, 0 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 Packet Pg. 2771 ATTACHMENT B Expease.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 cm Q Monroe County Code of Ordinances arid State laws and regulations. cm Q M .A. cover letter(see.Attachment B) summarizing the major line items on the reirnbursable expense request needs to also contain the following notarized certified statement: cm "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 Mon oe r E County Board of County Commissioners and will not be submitted for the reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered co T_for reimbursement. Remember, the expense should be paid prior to requesting reimbursement. Q cm Only current charges will be considered,no previous balances. Ln Reimbursement requests will be monitored in accordance with the level of detail in the contract. 0 This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursementrequests on an individual basis. Any questions regarding these guidelines should be directed to 305.-292-3534. Data Processing,PC Time, etc. co The vendor invoice is required forreirribursernent. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journ.als for the charging department are E attached and certified. Payroll A.certified statement verifying the accuracy and authenticity ofthe payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary, or hourly rate, E 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, E check amount, check number, date,payee, and 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 a reimbursement., For overnight or express deliveries,the vendor invoice must be included. I Packet Pg. 2772 N.4.c Rents,Leases, etc® A.copy of the rental or lease agreement is required. Deposits and advance payurnernts are not allowable expenses. .Reproductions, Copies, etc. A leg of copy expenses as they relate to the County contract is required for reimbursement. Thecm cm long must define the date, number of copies made, source doacu n ..t ro purpose, and recipient. A _ reasonable fee for copy expenses will be allowable. For vender services, the vendor invoice and a sample of the finished product are required. cm Supplies, Services, etc. .For supplies or services ordered, a vendor invoice is required. Telefa ,Fay etc. A.fay.log is required. The long must define tine sender,the intended recipient, the date, the number called, and the reason for sending the fay. Travel and Meal Expenses 00 Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel to Expenses. "gravel reimbursement requests must be submitted and will be paid in accordance with Ln Monroe County Cede of Ordinances and States laws and regulations. Credit card statements are 0 not acceptable documentation for rei buurse ernt. if attending a conference or meeting a copy of 0 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 2 :receipts. Taxies are not reimbursed if taken to arrive at a departure paying for example,taking a taxi from cave's residence to the airport for a business trip is net reimbursable. Parking is co considered a reimbursable travel expense at the destination. Airport parking during a business � tripp 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 tine 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 E XVI, TRAVLEL,PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Conde of Ordinances. Anfl 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. Packet Pg. 2773 N.4.c Meal reimbursemdnt 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. M co to Ln c� c� U) c 0 Packet Pg. 2774 N.4.c ATTACHMENT C ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street cm Key West, FL 33040 cm M Date cm The followingis a summary p ( m M9!!ization Name) for the time period of ary of the expenses for O to Check# Payee Reason Amount E 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.XXco (A) Total X�XXX XXcm (B) Total prior payments $X,XXX XX Ln t� t� (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 vendor as noted and that the expenses are accurate and in agreement with the records of this organization. co 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 E Executive Director......_. ..._..........__.. � Attachments (supporting documents) Sworn to and subscribe before me this day of _ 20 b who is personally known to me. Notary ..Public ........__..........._..�.. _..... _�......_. Notary Stamp Packet Pg. 2775