Loading...
Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Dec 12, 2012 Bulk Item: Yes X No Division: Employee Services Department: Human Resources Staff Contact /Phone #: Teresa Aguiaz X4458 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, 2012 through June 30, 2013 (State FY 2013). ITEM BACKGROUND: For many years, the -County has hired and laced . ty p a Case Coordinator and one other position within the local Guardian Ad Litem office. Both were Cou nty employees but supervised by the local Guardian Ad Litem program. In 2012 the Florida leg islature gislature passed Senate Bill 1960, now codified in Section 3 9.8297 F.S., stating that if counties provide positions . g p vide funding for positions in the GAL program, they may enter into an interlocal agreement with the GA ' . .gr' L program which, at a um, provides that the GAL program will indemnify the Coup for an violation o - County y f state and employment laws. The County and the Statewide GAL Office have reached ag reement on terms of an ILA covering this position. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: The key terms of the ILA are as foll • . y follows: The County will provide funding on a reimbursement basis for the Case Coordinator positio n, n, subject to annual appropriation of the BOCC. The individual will be an employee of the Statewide GA L Office, not the County, for all purposes, including workers' compensation and unemployment. pThe Statewide GAL Office will indemnify the County for any liabilityunder state and federal employment p oyment laws. STAFF RECOMMENDATIONS: Approval. Not to exceed TOTAL COST 135,000 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: Not to exceed COST TO COUNTY: $35.000 SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOU- fT PER MONTH Year 191k14APPROVED-- BY: County Atty C OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA I TEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY OMMISSIONERS CONTRACT SUMMARY Contract with: Statewide GAL Office Cont ract # Effective Date: July 1, 2012 Expiration Date: June 30, 2013 Contract Purpose/Description: Approval of Agreement with Statewide Guardia n Ad Litem Office for Reimbursement of Case Coordinator Services to provide funding • • • . p g for Case Coordinator position, for time period July 1, 2012 through June 30, FY 2013 (State 2013). Contract Manager: _Teresa Aguiar X4458 Human Resources/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Dec 12, 2012 Agenda Deadline: Nov 27, 2012 CONTRACT COSTS Total Dollar Value of Contract: $ 35,9000 • Current Year Portion: $ Budgeted? YesZ No El Account Codes: - _ _ Grant: $ 0�1 04100 530 340- I County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $__jyr For• (Not included in dollar value above) a maintenance, • C g• e, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out �tg � Needed Reviewer Division Director � ' ��-(� 2. Yes[] No Risk Management I�S"I61N yes0 NoQ` O.M.B./Pasing ��-�S` j2oo� Yes[] No❑ 'Pc;. - r� /5-1Z County Attorney 1113 Yes No�'� f- . JI/¢. ��z Comments: OMB Form Revised 2/27/01 MCP F 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 Staters dependency system have long been aided by the Guardian ad Litem programs located in the Staters judicial circuits; and WHE REAS, 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). 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 Other Personnel Services position with the title Case Coordinator for the period of July 1, 2012 through June 30, 2013, 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 cast 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 $3 5,000 over the term of the Agreement (pro -rated if the Agreement begins after July 1,2012). 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), 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, 2012 and continue through June 30, 2013. At the conclusion of this term, the Parties may agree to renew this agreement for Fiscal Year 2013-14. 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 2012-13, 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 )2012. APPROVED: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY LPN Deputy Clerk Mayor Date: Date: STATEWIDE GUARDIAN AD LYTEM OFFICE By: _ e Alan F. Abramowitz, Executive Director Statewide Guardian ad Litem Office Date: // 1.5 1 11. �0 4 COUNTY ATTORNEY AOE D�AS OASSISTANT OUNTY AL Date.�� � � _ �T? ATTORNEY vn C ki- /4 CASE COORDINATOR I DISTINGUISHING CHARACTERISTICS OF WORK 8401 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, children involved in a dissolution of marriage, and children who are victims of or witnesses to c ' ' acts. The case coordinator gathers information relating to the case and gives recommendations and written reports to the court. The case coordinator attends court hearings, depositions, case plan conferences, dependency mediations, staffiings, and meetings with the Department of Children and Families and other social service agencies. The case coordinator 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 rase coordinator 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. EDUCATION AND TRAEUNG 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 one year of experience in a program of social service, counseling, teaching, or supervising volunteers. KNOWLEDGE SKILLS AND ABILITIES 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 a 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 Guardian ad Litem Pay Grade 116 ** * * one employee who performs these functions as an OPS grant employee ATTACHMENT B Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines as they relate to travel, are from the Monroe county code of ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe county Board of county commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing,, PC Time. etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period check amount, check number, date, payee, support for applicable payroll taxes. 1 Postage, overnight Deliveries,, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents. Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions,, copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Te l efax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Boom must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Boom service, movies, and personal telephone calls are not allowable expenses. K Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 5 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 5 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expanses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising non --sufficient check charges, penalties and fines. ATTACHMENT C ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total I X.XXX.XX (B) Total prior payments $ X,XXX.XX (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 vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this ' day of 200 by who is personally known to me. Notary Public Notary Stamp