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Item C02BOARD OF COUNTY COMMISSIONER S AGENDA ITEM SUMMARY Meeting Date: Dec 12 2012 Division: Employee Services Bulk Item: Yes X No -- — .� Department: Human Resources Staff Contact /Phone #: Teresa A 'ar X445 AGENDA ITEM WORDING:8 Approval of Agreement with State • provide funding t wide Guardian Ad Litem Office to p g o pay for salary and benefits for a Senior Administrative Assistant position. ITEM BACKGROUND: For man ear y years, the County has hired and laced a Case C one other position within the local p Coordinator and Guardian Ad Litem office. Both were Co supervised by the local Guardian Ad County employees but • Litem program. In 2012, the Florida legislature Bill 1960, now codified in Section 39 g tore passed Senate .8297 F.S., stating that if counties provide • • in the GAL program, the p ��g for positions p y may enter into an interlocal agreement with the • ' ' um, provides that • indemnify GAL program which, at a p the GAL program will indemni the Co . employment fy sty for any violation of state and p oyment laws. The County and the Statewide G IL , . AL Office have reached agreement on terms A covering this position. of an PREVIOUS RELEVANT BOCC ACTIO N: None. CONTRACT/AGREEMENT CHANGES: The key terms of the ILA are as follows: The employed will be hired, supervisemanaged, persons d mana g , and terminated by the executive director of the Statewide GAL office. The Coup is the e • • ty employer for the purpose of Section 440.1 compensation), Chapter 443 F.S., F. S •(workers' p S. (unemployment benefits), and em to ent • insurance, aid leave et p ym benefits (i.e., health p c.). The Statewide GAL Office will indemnif y the County for any liability under state and federal employment laws. STAFF RECOMMENDATIONS: Approval. Pius benefits TOTAL COST $43.762.15 INDIREC • T COST. BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: Plus benefits COST TO COUNTY: $43.762.15 SOUR CE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No -- X AMO T PER MONTH Year APPROVED BY: `� . County Atty O IPurc asin g Risk Management DOCUMENTATION: Included X • Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMIS SIONERS CONTRACT SUMMARY Contract with: Statewide GAL Office Contra ct # Effective Date: Dec 12, 2012 Contract Purpose/Description: Expiration Date: NIA Approval of Agreement with Statewide Guardian Ad Lztem Office to provide funding to pay for salary and benefits for a Senior Administrative A ' ' Assistant position. Contract Manager: _Teresa Aguiar X4458 Human Resources/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Dec 12, 2012 Agenda ' wmmn�g da Deadline: Nov 27, 2012 CONTRACT COSTS Plus benef Total Dollar Value of Contract: $ 43,762.15 r„�Pn+ vA�,. n,,,.�;,.... Budgeted? Yes No ElAccount Codes: Grant: $ County Match: $ Estimated Ongoing Costs: $—jyr (Not included in dollar value above) Date n Division Director Risk Management V�� O.M.B./Purchasing 111W6-1200000" County Attorney /01l�3 �� Comments: OMB Form Revised 2/27/01 Mrp -A-) ear onion. $ 2,524.74 00 11-041 00-5 0-1 20- ADDITIONAL COSTS For: eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Needed Reviewer Yes] No[n Yes[] Nola YesO No0 YesO No I 1 /� f in.., INTERLOCAL AGREEMENT FOR PERSONNEL SERVICES AND ASSIGNMENTS BY AND BETWEEN MONROE COUNTY9 FLORIDA AND THE STATEWIDE GUARDIAN AD LITEM OFFICE THIS AGREEMENT, made and entered into on the date(s) specified � by herein b and p between the STATEWIDE GUARDIAN AD LITEM OFFICE(hereinafter called the "GAL"), and the Board of County Commissioners of Monroe County,Florida(hereinafter called the "COUNTY), which when referenced together shall hereinafter be called "the Parties." WITNE S SETH WHEREAS, y y Florida children involved in the State's dependent system have long been aided by Guardian ad Litem (GAL) programs located within the State's Judicial Circuits; and WHEREAS, the circuit programs historically were under and reported to the local court administration offices; and WHEREAS, in 2003 the Florida Legislature found, in Florida Statute § 39.8296(1)(b), that this reporting mechanism created perceived conflicts, and thus created, in Florida Statutes § 39.8296(2), a Statewide Guardian ad Litem Office, which it administratively located within the Florida Justice Administrative Commission (FJAC); and WHEREAS, pursuant to Florida Statutes § 39.8296(2)(b), the Statewide GAL Office is required to provide oversight responsibility and technical assistance to each of the local, circuit -based GAL programs; and WHEREAS, pursuant to Florida Statutes § 43.16(5)(a), the FJAC must provide all administrative services and assistance to the Statewide GAL Office; and WHEREAS, Florida Statutes § 29.008(1) requires the Monroe County Board of County Commissioners (the Board) to provide facilities, communications equipment and maintenance to the GAL program operating in Monroe County; and WHEREAS, in the 2012 regular legislative session, the Florida legislature passed SB 1960, now codified in � 3 9.8297, F.S., which in pertinent art states that the Statewide . p Guardian Ad Litem Office may enter into an agreement by which the coup agrees to county �' provide funding to the local guardian ad litem office in order to y em to persons who will p 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 recognizes the benefit the Monroe Count y GAL program provides to the County's children involved in the State's dependency ' . , , p y system and desires to provide, in its discretion, additional personnel support to the local GAL o herein; and pp program as set forth WHEREAS, the Board further desires the personnel services provided ' p herein shall not result in it or the County bearing employment liability risk as a result of . tY the fact that the County will not be able to manage, control, or oversee the perso nnel nnel funded under this Agreement, nor the work environment in which such personnel will work p ,and WHEREAS, the Board desires to achieve these aims b enteringinto this Interlo calAgreement; 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, it is declared to be the purpose of this Interlocal Ag reement greement to define the GAL services to be provided to the Monroe County -based GAL ty program by the COUNTY, and to set forth the rights and responsibilities of the Parties as p to same, and the Parties therefore agree as follows: 1. LOCAL OPTION GUARDIAN AD LITEM COURT SUPPORT STA FF Based upon the Statewide GAL Office's certification of need the COUNTY ag rees to provide funding to pay for salary and benefits sufficient to a for one(1)Guard' 'p Y Guardian ad Litem Senior Administrative Assistant position to assist with the operation of the Circuit's' . p Guardian ad Litem program in Monroe County (annual sal $43,762.15 lus benefit. �`Yp s, 40 hours per week}. The Parties agree that for budgetary, organizational or an other, or no reason, the COUNTY may choose to discontinue funding the position. Funding is subject . p g � t to an annual appropriation by the Board of County Commissioners. 2. PROVISIONS GOVERNING COUNTY -FUNDED POSITION a. Employment Status - The persons employed will be hired, supervised, managed, and terminated by the executive director of the Statewide GAL office. The County is the employer for the purpose of Section 440.10, F.S. com ens (workers' compensation) and Chapter 443, F.S. (unemployment benefits), only. b. Position Title, Salary and Pay Grade -- The position title sal and/or grade p � � or pay gr level of the individual lured pursuant to this Agreement may be modified b a y y agreement of the COUNTY and the Circuit GAL Executive Director due to job ' classif cation reorganization or for other good cause shown. Any such revision shall be in writing and signed by the Executive Director of the Statewide GAL Office and the Coup Administrator rustrator N or designee, subject to approval of the Board of County Commissioners. Any increase in salary or pay grade of the personnel whose positions are funded as described in paragraph (1), above, beyond current levels, requires the prior written consent of the Board of County Commissioners. C. Evaluation and Discipline - Because this position involves solely y GAL - related duties, the Circuit Director of the 16th Circuit GAL ro p gram or his or her managerial designee, shall evaluate and discipline the employee as may be appropriate. Tis position on shall serve at the sole will and pleasure of the Guardian ad Lite m Program and may be terminated by the Program for any lawful reason. A person holding position p g the position may not seek review of any disciplinary or other employment decision of the ' Program or his or her designee via any policy or rule of the COUNTY. d. Reimbursement - The loaded sal(salarywith benefit '. �`Y s� for the Senior Administrative Assistant will continue to be aid in the current manner anner as long as Lacey Caraballo is in the position, meaning that the sal will be aid base �'Y p d on a biweekly pay issued ssued two weeks in arrears via a Monroe Countypaycheck. When p Y n Ms. Caraballo departs the position, the position will revert to a GAL OP S position an ' . p d be paid for by the County on a reimbursement basis. Payments shall then be made periodi cally, cally, but no more frequently than monthly, as hereinafter set forth. i. On or before the first month of the Agreement when occupied by a new employee, the County shall place on deposit an amount equal to one -twelfth (1/12) of the annual budgeted amount, sufficient to pay for one (1) month's worth of salary and benefits for the positions described in paragraph (1), above, minus any offsets necessary for payment of unemployment or workers' compensation benefits to any current or former employees of the GAL program. ii. Thereafter, reimbursement requests shall be submitted to the Board via the Clerk's Finance Office, no later than the tenth (loth) day of the following month, beginning on the tenth (l Oth) day of the second (2nd) month of the term of this Agreement, for the previous month, in arrears. those reimbursable expenses m The COUNTY shall onlyreibth iii. that are reviewed and approved as complying with Monroe Coup Code of Ordinances, . County ances, state laws and regulations, which are submitted in accordance with Attachment-- A Expense Reimbursement Requirements. Evidence of payment b the ' . p ym y 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 g expenses, wi th supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover q letter is included as Attachment B. iv. 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 3 authorized by Monroe County Board of County Commissioners through the budgetary process. 3. DURATION AND TERMINATION This Agreement will automatically renew annually on the first day of each County fiscal year unless the GAL program informs the COUNTY in writing that it no longer requires the funded position, or the County Administrator or his or her designee states in writing that the COUNTY is exercising its right to cease funding the position. The position funded by this Agreement shall terminate upon ' p n the expiration of, or substantial breach of, the Agreement, or upon the expiration • .. p p of COUNTY funding, from whatever source, for the position. Nothingin this Agreement Florida, gr t obligates the State of Flori or any of its agencies, offices or subdivisions to fund an personnel positions. y p positions. 4. SEVERABILITY AND EFFECT ON PRIOR AGREEM ENTS S This Agreement represents the sole agreement between the �' Parties. Should any section, sentence or clause of this Agreement be deemed unlaw ful by a Court of competent jurisdiction, no other provision hereof shall be affected and all other provisions of this Agreement shall continue in full force and effect to the extent • permitted by law. The Parts e s agree that upon the effective date of this Agreement, this Agreement gi' gr ent shall supersede all previously approved/adopted formal or informal agreements or unde rstandings erstandings between the Pa rties on the same subj ect(s). 5. INDEMNIFICATION The Statewide GAL Office is responsible for compliance p with state and federal employment laws. The Statewide GAL Office as a State agency orsubdivisi on as defined by Section 768.28, Florida Statutes, and b virtue of the authority ' . ' ' ' • y rity granted to it in Section 768.28(19), F.S., agrees to fully indemnifythe COUNTY from liability • any liability as authorized thereby as a result of any acts or omissions of the Statewide GAL Office or its agents or employees, including but not limited to claims arisingunder T' • 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 4 p 40, 443, 447 and 760, Florida Statutes; Section 112.3187, F.S.; and the Age Discriminatio g n in Employment Act, as amended from time to time. 6. MISCELLANEOUS Both parties agree that their officers and employees are re required q to comply with the standa rds of conduct for public officers and employees as delineated in ' 1 Sections 112.313 and 12.3143, Florida Statutes, regarding, but not limited to the following • . wing subjects. Gifts, doing business with ones own agency, unauthorized compensation,• • . misuse of public position, conflicting employment or contractual relationships, and disc • . p , disclosure or use of certain information. W The County and the Statewide GAL Office each warrant that with respect p ct to itself, it has neither employed nor retained any company person, other than p Y or p a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or business entity other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration on contingent upon p or resulting from the award or making of this Agreement. For breach or violation of this r ' ' p ovision, the parties agree that the County shall have the right to terminate this Agreement and offset from ' �' om monies owed the full amount of such fee, commissions, percentage, or consideration. 7. EFFECTIVE DATE This Agreement shall be effective upon the filing of a fully executed copy of this Agreement with the Clerk of the Circuit Court of Monroe County, Florida, pursuant to § 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused these resents to be p executed on the day of , 2012. APPROVED: (seal) Attest: By. ATTEST: CLERK OF CIRCUIT COURT STATEWIDE GUARDIAN AD LITEM OFFICE By: Printed Name: f Aar r• Title. � M%CJE Date: - )NO& ML-JS BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By: By: Deputy Clerk Mayor Printed Name: Printed Name: Title: Title: Date: Date: ON E COUNTY ATTORNEY AP oVD A T F CIA: NTH IA L. HFALL ASSISTANT CC7 NTY ATTORNEY DateLf_:.......�,.:W2 0 L MONROE COUNTY JOB DESCRIPTION Position Title: SR ADMINISTRATIVE ASSISTANT . Date. 08/17/12 Position Level: 9 FLSA Status: NonexemptI Class ode. • 8 16 GENERAL DES ON Primary function is to perform specialized office and administrative work within the GAL department. KEY RESPONSIBn NoO 1. Acts as personal secretary/Mmi 'InI 'strative aide to the Supervisor 2 • Maintains the supervisor's � Pe sor's calendar, schedules appointments, and makes travel arrangements. Kee supervisor informed of scheduled appointments. g Ps 3. Assists in budget preparation and monitoring budget control. 4. General HR duties. Responsible for preparing and Processingall Personnel Action Hire's, Reviews all documents ct�on Forms, as well as New • is pertaining to Employee's to ensure compliance with County and State policies and regulations; ensure time keeping and p g . payroll is accurately reflected and meets the payroll deadlines. 5. Receives and routes all mncomung mail and faxes for necessary action. 6. Processes purchase orders, invoices and travel vouchers for the department. 7. Types and composes correspondence. 8. Answers telephone and greets public. 9. Maintains office stock supplies. 10. Prepare and/or research agenda items as necessary. 11. Other clerical and administrative duties as assigned. * Indicates an "essential" job function. The information on this description has been designed to indicate the general employees within this c1 g nature and level of work performed b yclassification. It is not designed to contain or be interpreted as a comprehensive nsive invento of all duties, responsibilities andualqualifications uiredof employees assigned to this nob. A nL4iwei/� A Position Title: SR ADMINISTRATIVE ASST Mass Cade: 8-1 Position 6 Pasl4on Level: 8 KEY JOB REQUEREAffMS Education: H.S. Diploma or GED required, Experience* 3 to 5 ears. Impact of Actions: Makes recommendations or decisions which usual/ affect • • y the assigned department, . . but may at times affect operations, services, individuals, or activities of others' outside of the assi ed department. Complexity. Varied: work is complex and varied and requires the sele ction ection and- application of technical and detailed guidelines. Problems are not to identify, but are ' ' fy, similar to those�Y seen before. Moderate analytic ability is needed to gather and interpret data � where results/answers can be found after analysis of several facts. Solutions can often be found by using methods chosen before in other situations. Decision Making: Analytic: Supervision is present to establish and review broad• objectives relative to basic position duties or departmental responsibilities. Independent •ud Pe 1 gment is required to study previously established., often partially relevant guidelines; 1 gm , pan for various interrelated activities; and coordinate such activities within a work unit or while completing a project. Communication with Others: Requires regular contact with internal and external e ' p rsons of importance and influence involving considerable tact, discretion and • • persuasion in obtaining desired • actions and/or m relationships at a hig level. Managerial Skills: Responsible for orienting and trainin others and assi g , going and reviewing their work. May also be responsible for acting in a "lead" or "senior" capacity over other P rty positions o po performing ing essentially the same work, or related technical tasks and reporting to a higher level on a formal basis. Working Conditionsl Work requires only minor physical exertion and/or h ' y physical strain. Work Physical Effort.- On Call environment involves only infrequent exposure to disagreeable elements. Requirements: May be required to provide disaster assistance during times of emergency in any ca aci deemed a ro ate. Other: Valid Florida Drivers License Department Head: APPROVALS Name: Division Director: Name: County Administrator: Name: Signature: Date: Signature: Date: Signature: �Date: Position Tide: SR ADMMSTRATIVE AS S T.1 Class Code: Position Level, 8 On this date I have received a copy of my job description relating m to Monroe County.Y employment with p Name: Signature: Date: ATTACHMENT B Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human man 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 Co • 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 ' g nt with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe county Board of count Commissioners Y mm�ssioners and will not be submitte d for reimbursement to any other fundingsource." Invoices should be billed to the contractingagency. Third a ' party payments will not be considered for reimbursement. Remember, the expense • p e 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. clusive. The Clerk -Is Finance Department reserves the right to review reimbursement requests on an individual basis, Any questions regarding these guidelines should hould be directed to 305-292-35348 Data Processing, Pc Time, etc. The vendor invoice is required for reimbursement. Inter -co • 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 ► g information and payroll taxes, check number and check amount. If a Payroll y l Journal is not provided, the following information must be provided: a P pay period, check amount, check number, date, payee, support for applicable payroll PP p y taxes. 1 Postage, overnight Deliveries, courier etc. A log of all postage expenses as the relate to the • Y County my contract �s 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, De posits epasits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the count • y contract is required for reimbu rsement. The log must define the date, number of copies p made, source document purpose, and recipient. A reasonable fee for co ex ' copy expenses p will be allowable. For vend or services, the vendor invoice and a sample of product are r p the finished p 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 recipie nt, the date, the number called, and the reason for sendin g 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 reimburs ement requests must be submitted and will be paid in accordance with Ma • Monroe county code of Ordinances and State laws and regulations. credit card statem ents are not acceptable documentation far reimbursement. If attending a • t g conference or meeting a copy of he agenda is neeed. Airfare reimbursement re • dquires the original passenger receipt portion of the airline ticket. A travel 'itineraryis a • - audit trail. Au appreciated to facilitate the Auto rental reimbursement requires the vendor invoice , Fuel purchases should be documente d with paid receipts. Taxis are not reimbursed arrive at a departure �f taken to • p re point: far example, taking a taxi from one's residence airport for a business tripis sacs to the not reimbursable. Parking is considered a reimbursa ble travel expense at the destina tion. Airport parking during a business tripis not, A detailed list of charges is required on the lodging ' 9 n9 invoice. Balance due must be Zero. Room must be registered and paid for b traveler. The • reimburse they county will only actual room and related bed tax. Roam service hone call .modes, and personal telephone s are not allowable expenses, 0� 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 paint of departure. For example, driving from one's home tat he 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 Cade of Ordinances. Meal guidelines state that travel must begin ' 9 n prior to 6 a.m. for breakfast reimbursement, before noon and end after . m. for lunch nch reimbursement, and before 6 p.m. and end after 8 .m. for ' p r dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimburse • reimbursement: capital outlay expenditures (unless specifically included in the contract co • }■ contributions,, depreciation expenses (unless specifically included in the • .. Y e contract}, entertainment expenses, fundraising non -sufficient check charges, penalties an 9 . P d 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 $ 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 . dayof by boo wh o is personally known to me, Notary Public NotaryStamp amp 4