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Item C01 CI BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: C 1 2023-1676 BULK ITEM: Yes DEPARTMENT: Guardian Ad Litem TIME APPROXIMATE: STAFF CONTACT: Alexsa Leto No AGENDA ITEM WORDING: Approval of Agreement with Statewide Guardian Ad Litem Office for Administrative Assistant 3 position, a State OPS position, on a reimbursement basis. ITEM BACKGROUND: Based upon the Statewide GAL Office's certification of need, the County agrees to provide funding to pay for salary and benefits sufficient to pay for one(1) Guardian ad Litem Senior Administrative Assistant 3 position to assist with the operation of the Statewide Guardian ad Litem Office- Circuit 16th Circuit's Guardian ad Litem program in Monroe County. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: The County will provide funding on a reimbursement basis for the Administrative Assistant 3, subject to annual appropriation of the BOCC. STAFF RECOMMENDATION: Approval. DOCUMENTATION: ILA Ad in Assistant 3 position with exhibits.pdf FINANCIAL IMPACT: $44,941.28 - $69,658.98 15 16 AGREEMENT WITH STATEWIDE GUARDIAN AD LITEM OFFICE FOR REIMBURSEMENT OF ADMINISTRATIVE ASSISTANT 3 SERVICES THIS INTERLOCAL AGREEMENT is made and entered as of January 31, 2024, 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." WITNESSETH 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 a 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 Monroe County Board of County Commissioners ("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,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, on December 12, 2012, retroactive to July 1, 2012, the Board of County Commissioners approved an Interlocal Agreement with the Statewide Office of the Guardian Ad Litem,in order to pay for a Senior Administrative Assistant position(1.0 FTE). The employee occupying the position has subsequently been promoted and now occupies the position of Manager, Guardian Ad Litem; and WHEREAS, on December 12, 2012, the Board of County Commissioners also approved funding for a second position (initially with the job title Case Coordinator, and subsequently with the job title Child Advocate Manager),which position was classified by the State as an Other Personal Services (OPS)position. The County provided funding for this position on a reimbursement basis; and WHEREAS, the Statewide Office of the Guardian Ad Litem has now requested that the County establish a third GAL position, for an Administrative Assistant 3;and 1 17 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, ii� particular, to spell out the manner of employing necessary personnel pursuant to § 163.01(5)(g); and WHEREAS,the Board desires to achieve these aims by entering into this Interlocal Agreement; and NOW,THEREFORE,in consideration of the terms,conditions and covenants hereinafter provided, the Parties agree as follows: SECTION ONE: POSITION AND GUARDIAN AD LITEM RESPONSIBILITIES A. The Board of County Commissioners has agreed to provide funding for an Administrative Assistant 3 position for the GAL Program. B. The duties and responsibilities of the Administrative Assistant 3 position will be as shown in the job description attached hereto as Attachment "A." C. The GAL agrees to pay the individual hired in this position at the rate of$ 21.72 per hour at 40 hours per week for the term of this Agreement. D. The GAL agrees to manage and supervise the individual hired in this position pursuant to GAL personnel policies and procedures. E. The parties agree that the employee will be hired, supervised, managed, and terminated by the Executive Director of the Statewide Guardian Ad Litem Office. F. The GAL program shall be considered the employer for all purposes, except that the County is the employer for purposes of Florida Statutes section 440.10 (workers' compensation) and chapter 443 (unemployment), only. SECTION TWO: COUNTY RESPONSIBILITIES A. The County agrees to reimburse the GAL at 100% of the actual cost of salary, as well as for any and all payment of FICA taxes,withholding taxes, state and federal unemployment taxes, and employer contribution to retirement benefits and insurance benefits, not to exceed the amount budgeted for the position each fiscal year. The maximum amount to be funded during the current term of this Agreement is $68,444.00. B. The County shall pro-:�ide payment under this Agreement on a case 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 2 18 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 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 the 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 O_Tice or the local GAL 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,FL 32302 F. The payments from the County to the GAL made pursuant to this Agreement are (i) sourced from inco:.ne 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. G. Persons funded under this Agreement may be terminated after a substantial breach of the Agreement or because funding to the program has been expired. 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 3 19 law.. Such records shall be maintained by the GAL in accordance with the State reterition 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., 1he GAI., 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,to the extent set forth in F.S. 768.28, shall fully defend,hold harmless and indernnif.y the County from,any liability under such laws, as authorized by s. 76828(19), F.S., to the extent such liability is the result of-the acts or omissions of the Statewide Guardian Ad Liter.Office or its agents or employees, in but not limited to claims arising under Title VII of the Civil Rights Acts of 1964; Title .1 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 Employ ment Act,as amended from time to time. SECTION FOUR-. TER MIEFFECTIVE DATE This Agreement shall corn m.ence on January 31,2024 arid continue through June 30,2024. At the conclusion of this term, the Parties may agree to renew this agreement for the following fiscal year.. Any such agreementrequires the prior written consent of the:Board of County Commissioners., Absent written agreement to continue the to of this Agreement by July 1, 2024, this Agreement shall lapse and/or automatically terminate. Continuation of this Agreernentis subject to ann..ual 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 i.thin thirty (30)days of the end of the state fiscal year 2023 .-2024,with an accounting summary to reflect how and to what extentfunds were used. SECTION SIX: PUBLIC RECORDS The Parties acknowledge that this Agreement and any related financial records, audits, records, plans, correspondence, arid 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., 4 20 SECTION SEVEN: 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 e0ective 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 as of the date last shown below. APPROVED: Attest: KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY -- _..-- ----._. _.._. µ As Deputy Clerk By: Holly Merrill Raschein,Mayor Date: Date: Sy . TEWIDE 'UARDIAN AD LITEM O'x ICE L -Wtt/ De is W Moore, Executive Director Date: /fJJr/ Approved as to form and legal sufficiency: Monroe County Attorney's Office 1-24-2024 5 21 ATTACHMENT A Job Description To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. Job Title: Administrative Assistant 3 Department: Guardian Ad Litem Program Pay Grade: 304 FLSA Status: Non-exempt JOB SUMMARY The primary function of this position is responsible work performing a variety of secretarial, administrative support and clerical duties for the Circuit Director as well as assist other staff and volunteers. The Administrative Assistant 3 works independently under the general supervision and must exercise discretion with sensitive and confidential information. ESSENTIAL JOB FUNCTIONS • Carries out assignments as instructed or uses own initiative to carry out assigned duties. • Maintains calendar, schedules appointments and makes travel arrangements for Circuit Director or personnel as deemed necessary. • Operating office equipment such as fax machines, copiers, and phone systems, and using computers for spreadsheet, word processing, database management, and other applications. • Creates and maintains accurate contact lists. • Composes correspondence for review and signature as well as reviewing work done by others to check for correct spelling and grammar, ensuring that program format is followed, and recommending revisions. • Maintain proper documentation on case activity. Ability to communicate effectively with people from culturally and economically diverse backgrounds, and people involved in emotionally distressing situations. Maintain confidentiality concerning sensitive information. • Assists with department budgets as needed. • Assists with processing of invoices, purchase orders, and requests to purchase. • Distributes paper and Electronic incoming and outgoing mail for the office as well as mailing newsletters, promotional material and other information. • Setting up and Maintain paper & electronic filing systems and volunteer and staff files for records, correspondence, and other materials. 22 Administrative Assistant 3 Page 2 • Establishing collaborative, customer focused,working relationships with all members of the circuit wide GAL staff, and volunteers as well as with child welfare personnel, court personnel, other County, State and local government personnel, and the general public. • Scans documents/files into Optima and Alchemy. • Maintains paper and electronic files, copies, scans documents; composes and responds to emails; and transcribes minutes. • Answers telephone and greets and assists the public. • Maintains office stock supplies. • Performs other related job duties as assigned. • In the event of special,emergency,or disaster situations,employee may be required to work schedules other than those for which they are regularly scheduled in any capacity deemed appropriate. QUALIFICATIONS Education and Experience: High School Diploma or GED. 2 to 3 years minimum of prior related work experience. Special Qualifications: None. Knowledge, Skills and Abilities: • Ability to work from a general outline of duties and responsibilities; Other employees assist in completing work. Knowledge of the rules of English Grammar, spelling and punctuation and arithmetic. • Knowledge of Office practices and procedures. • Skill in the use of personal computers, Microsoft Office Products, and various types of machinery(photocopiers, calculators,telephones, cell phones,fax machines, etc.) Ability to utilize and effectively operate a personal computer, including using software programs such as Word, Excel, Power point and Outlook. • Ability to communicate effectively with all stakeholders and with people facing varying degrees of stress and emotional instability. • Ability to work patiently with the general public and to work effectively and cooperatively with staff. • Skilled in all forms of communication: public speaking, oral and written communication as well as social media platforms. • Ability to maintain proper documentation on recruiting activity. • Ability to set up, organize and maintain a comprehensive filing system. • Ability to maintain proper documentation on case activity. • Ability to assist in the preparation of detailed court reports recommending a course of action. • Ability to maintain strict confidentiality. • Ability to prepare detailed reports on the effectiveness of the program. Guardian Ad Litem Program Updated:5/2/2023 23 Administrative Assistant 3 Page 3 • Ability to make decisions that govern my activities as well as others. • Knowledge of clerical or trades-based tasks. PHYSICAL DEMANDS The work is sedentary and requires exertion up to 10 pounds of force occasionally and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Additionally, the following physical abilities are required: • Balancing: Maintaining body equilibrium to prevent falling while walking, standing or crouching on narrow, slippery, or erratically moving surfaces. The amount of balancing exceeds that needed for ordinary locomotion and maintenance of body equilibrium. • Climbing: Ascending or descending ladders, stairs, scaffolding, ramps, poles and the like, using feet and legs and/or hands and arms. Body agility is emphasized. • Grasping: Applying pressure to an object with the fingers and palm. • Handling: Picking, holding, or otherwise working, primarily with the whole hand. • Hearing: Perceiving the nature of sounds at normal speaking levels with or without correction. Ability to receive detailed information through oral communication, and to make the discrimination in sound. • Lifting: Raising objects from a lower to a higher position or moving objects horizontally from position-to-position. Occurs to a considerable degree and requires substantial use of upper extremities and back muscles. • Manual Dexterity: Picking, pinching, typing, or otherwise working, primarily with fingers rather than with the whole hand as in handling. • Mental Acuity: Ability to make rational decisions through sound logic and deductive processes. • Reaching: Extending hand(s) and arm(s) in any direction. • Repetitive Motion: Substantial movements (motions) of the wrist, hands, and/or fingers. • Speaking: Expressing or exchanging ideas by means of the spoken word including the ability to convey detailed or important spoken instructions to other workers accurately and concisely. • Standing: Particularly for sustained periods of time. • Talking: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity: Have close visual acuity to perform an activity such as: preparing and analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive reading. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Guardian Ad Litem Program Updated:5/2/2023 24 Administrative Assistant 3 Page 4 Work is performed in a dynamic environment that requires incumbent to be sensitive to change and responsive to changing goals, priorities, and needs. The Statewide Office of Guardian Ad Litem has the right to revise this job description at any time. This description does not represent in any way a contract of employment. Employee Signature Date Supervisor or Director Signature Date Statewide Office of Guardian Ad Litem Signature Date E.O.E. Employer does not discriminate on the basis of race, color, national origin, gender, religion, age, disability or military service in employment or the provision of services. Guardian Ad Litem Program Updated:5/2/2023 25 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 26 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. Telefax, 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. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. 2 27 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 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. Non-allowable Expenses 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. 3 28 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 day of 200 by who is personally known to me. Notary Public Notary Stamp 4 29