OR · Contact and/or Presenter Information Ava Ehde, Department Director Neighborhood Services Department, ext. 6301 Susan Ford, Human Services Manager Neighborhood Services Department,

October 8, 2019 - Regular Meeting Agenda Item #34

Subject FY 2019-20 Non-Profit Agency Funding Agreements Briefings Briefing Provided Upon Request Contact and/or Presenter Information Ava Ehde, Department Director Neighborhood Services Department, ext. 6301 Susan Ford, Human Services Manager Neighborhood Services Department, ext. 3486 Action Requested Adoption of Resolution R-19-130 and authorization for County Administrator or designee to execute Non-Profit Funding Agreements for the amounts approved in the FY 2019-20 County annual budget on September 17, 2019, within established guidelines of the County Administrator's authority. Authorization for the Chairman to execute the funding agreement with Centerstone of Florida, Inc., for the Children's Community Action Team (CAT) program in the amount of $660,916 for the time period of October 1, 2019, through September 30, 2020. Enabling/Regulating Authority Efficiency in Service Ordinance 91-42 Background Discussion

● In previous years, the Board of County Commissioners has authorized the County Administrator, or designee, to execute the Non-Profit Agency funding agreements, not to exceed the amount of funds approved by the Commission in the annual budget process and for the approved service, knowing that the Neighborhood Services Department staff is monitoring and evaluating the programs on a regular basis. This allows the department to expedite the funding agreement process and avoid delay of payment to the non-profit agencies to receive the funding.

● On August 6, 2019, and September 10, 2019, Neighborhood Services Department staff presented to the Commission recommendations for the annual funding for Non-Profit agencies from both the General Fund and the Children's Services Dedicated Millage to support elements of programs that provide services to citizens in need of health and welfare assistance in a variety of eligibility areas.

● During the annual county budget process, which concluded with the budget approval at a public hearing on September 17, 2019, the Board of County Commissioners approved the annual awards to the Non-Profit Agencies.

● Centerstone of Florida, Inc., is the local mental health care provider of the Children's Community Action

Manatee County Government Administrative CenterHonorable Patricia M. Glass Chambers, First Floor

9:00 a.m. - October 8, 2019

rtothText BoxApproved in Open Session 10/8/19 Manatee CountyBoard of County Commissioners

Team program, which performs counseling for high risk children who are at risk of out of home placement due to behaviors and co-occurring mental illness.

● Staff from the Neighborhood Services Department evaluates and monitors funded programs monthly through a series of desk audits and site visits to ensure the programs are meeting contractual obligations.

● The format for Non-Profit funding agreements are "Results First" based using the County Attorney's Office approved boilerplate language and special conditions in the individualized attachments to obtain the highest and most beneficial results for the investment by the County.

County Attorney Review Formal Written Review (Opinion memo must be attached) Explanation of Other Reviewing Attorney Clague Instructions to Board Records Email a copy of the adopted resolution to the attention of Susan Ford [email protected]. Cost and Funds Source Account Number and Name 104-0015002-582000 Children's Services Tax - Centerstone of Florida, Inc. Amount and Frequency of Recurring Costs $660.916 based on annual funding awards Attachment: R-19-130.pdf Attachment: CAO Response - RLS-2018-0384 FY 18-19 and 19-20 Non-Profit Agency Funding Agreement.pdf Attachment: Centerstone CAT Agreement FY19-20.pdf Attachment: BCC approved 8-6-19 agenda item #19 - Childrens Investment Recommendations.pdf Attachment: BCC approved 8-6-19 agenda item #18 - Adult Investment Recommendations.pdf Attachment: BCC approved 9-10-19 agenda item #50 - Childrens Investment Recommendations.pdf


9:00 a.m. - October 8, 2019

mailto:[email protected]:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/83EDD64C-83BC-40BD-9DC1-6FA82137055A.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/7FF17117-B0EB-4384-B099-6B705F4FBA47.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/7FF17117-B0EB-4384-B099-6B705F4FBA47.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/FC8EDBE0-6F4D-49F8-8DB8-C850BF6431FE.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/1DF10CD2-A032-4CF7-A125-BCC2709AE971.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/A8056EAB-93C6-4492-ACA5-D12E334C1DD8.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/B914480C-90E1-4D18-9255-E33089E8F9AE.pdfrtothText BoxDistributed 10/10/19, RT

From: William ClagueTo: Susan FordCc: Mitchell Palmer; Alex Nicodemi; Ed Hunzeker; Cheri Coryea; Dan Schlandt; Ava Ehde; Juliet ShepardSubject: FY 18/19 and 19/20 Non-Profit Agency Funding Agreement; RLS-2018-0384Date: Thursday, August 09, 2018 11:40:25 AMAttachments: Copy of Draft NPA Agreement Template FY2017 (CAO Comments).doc

Susan: Pursuant to the above Request for Legal Services you have asked this Office to review the templatefor the Non-Profit Agency Funding Agreement (Template) for the above fiscal years. I provide thefollowing advice in response:

1. As a preliminary matter, the RLS states that your Department would like a modified templatefor agreements with the Manatee County School Board. The Template is set up to dealspecifically with funding of public services through private non-profit organizations, which issubject to unique provisions of Florida law. Agreements with the School Board should behandled as interlocal agreements, and are subject to a different set of legal requirements. Forthis reason, we ask that you submit a separate RLS for the drafting of such a template. Pleaseinclude some specific details as to the types of services to be addressed in such agreements.

2. Attached is a redlined revision to the Template reflecting my suggested changes and

comments, most of which are in response to issues raised in the RLS. As noted in the RLS, theTemplate follows a form that has been reviewed by this Office on multiple occasions.

3. The RLS notes that some agencies have taken the position that Article XIV, Catastrophic

Events, (page 7) allows them to continue to receive funding during periods in which servicesare suspended as a result of storm events (Hurricane Irma). In our view, this is not supportedby the language of Article XIV, and directly contradicts other material provisions of theTemplate. The Template reflects that Florida law prohibits the County from paying non-profitorganizations for items other than services actually rendered. In order to further clarify thispoint, I have added language to Article XIV, as well as to Section 7.J(iv) (page 4), as requestedin the RLS.

4. On page 1 I have rejected your proposed deletion of Section 4.iii. This provision is required

under Florida law in order to assure that the agreements are legally valid and enforceable. Also, the RLS indicates you would like some of the agreements to cover two fiscal years (FY18/19 and FY 19/20). Pursuant to Florida Statute 129.08, no county agreement may exceedbudgeted revenues. Accordingly, such two-year agreements are permitted only if the Boardbudgets and appropriates the revenues to fund services for both years prior to orconcurrently with execution of an agreement.

5. As noted in my redlined changes and comments, I have no objection to adding the County

Administrator’s designee to the termination clause (page 2). This Office has, however,advised against allowing “portable” delegated authority to interpret and administercontracts. As such, I advise against allow officials other than the County Administrator todesignated County Representatives (page 7).
mailto:/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=2367B8733CE448A48F8C8EA04124CA7B-WILLIAM CLAmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
CAO COMMENTS

06/09/16

AGREEMENT FOR

NON-PROFIT AGENCY SERVICES

THIS AGREEMENT (“Agreement”) is entered into by and between Manatee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Agency Name, a not for profit corporation, existing under the laws of the State of Florida, hereinafter referred to as "Agency”, as of October 1, 2016.

WHEREAS, the County is a political subdivision of the State of Florida empowered to provide social support services to disadvantaged or at risk residents of Manatee County, Florida, to promote the general health, safety( and welfare; and

WHEREAS, the Agency is a not for profit corporation organized under the laws of the State of _____ for the purpose of providing social support services to disadvantaged or at risk residents of Manatee County, Florida; and

WHEREAS, it is in the best interest of the health, safety and welfare of the residents of Manatee County, Florida, and serves a valid public purpose, for the County to enter into this Agreement with the Agency to provide funding for the “Program” of services, as further defined herein, to be provided by the Agency to residents of Manatee County.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties hereto agree as follows:

ARTICLE 1: SCOPE OF SERVICE. The Agency covenants and represents to County that Agency shall provide a program of services as described in Attachment A, hereinafter referred to as the "Program."

ARTICLE 2: CONTRACT DOCUMENTS. The Agency shall comply with the following attachments which are attached and made a part of this Agreement:

Attachment "A" - Program Description

Attachment "B" - Payments

Attachment "C" - Special Conditions

Attachment "D" - Insurance Certificate

In the event of a conflict between the terms and conditions provided in the body of this Agreement and any attachment or exhibit hereto, the provisions contained within the body of this Agreement shall prevail unless the term or provision in the attachment or exhibit specifically states that it shall prevail.

ARTICLE 3: LIMITATION OF COSTS AND PAYMENTS. Agency shall be paid by County an amount not to exceed $00,000.00 in accordance with Attachment B for the provision of the Program. No agent or employee of the County may authorize an increase in the above amount. Any increase in total compensation must be authorized in writing pursuant to a written amendment to this Agreement approved by the Board of County Commissioners.

ARTICLE 4: CONTRACT DURATION; SUBJECT TO BUDGET AND APPROPRIATION.

i. Unless renewed or terminated as provided in this Agreement, this Agreement shall remain in full force and effect for a period of one (1) year, commencing on October 1, 2016 and ending on September 30, 2017. The Program, whether provided before or after the execution of this Agreement, shall be provided by the Agency in accordance with all requirements and terms of this Agreement.

ii. This Agreement may be renewed by written amendment for one additional term of one (1) year, for a maximum total of two (2) years.

iii. This Agreement (including without limitation the obligation of the County to pay the amount set forth in Article 3) if executed prior to October 1, 2016, is subject to and contingent upon the County’s Board of County Commissioners budgeting and appropriating sufficient legally available revenues for the 2016/17 County fiscal year (and for the subsequent fiscal year, if this Agreement is renewed pursuant to Section 4.ii, above) to fund such payments. Accordingly, the Agency shall not commence the services to be provided hereunder unless and until the County provides Agency with written notice to commence services, which shall serve as confirmation that such funds have been budgeted and appropriated. Such written notice shall constitute a condition precedent to the effectiveness of this Agreement. In the event that the County does not provide such written confirmation on or before September 30, 2015, this Agreement shall be of no effect.

ARTICLE 5: TERMINATION.

i. This Agreement may be terminated by either party for any reason or for no reason by giving to the other party no less than thirty (30) days written notice of intent to terminate. County may terminate this Agreement immediately by delivery of written notice to Agency upon determining that Agency has failed to comply with the terms of this Agreement. If Agency fails to comply with the terms of this Agreement, the County Administrator may, upon written notification to Agency withhold payment until Agency complies with the conditions or terms. The notice shall specify the manner in which the Agency has failed to comply with this Agreement.

ii. Upon expiration or termination of this Agreement for any reason, the Agency shall prepare all final reports and documents required by the terms of the Agreement up to the date of termination. Agency's final request for payment and other documents required shall be submitted to County within thirty (30) calendar days after termination of this Agreement. County shall not be responsible for any charges, claims or demands not received within the thirty (30) day period.

iii. In the event that this Agreement encompasses multiple programs (Attachment A1, A2 etc.), any single Program may be terminated consistent with Article 5, Termination, and all terms and conditions of this Agreement shall remain in full force and effect to the extent they apply to any Program (s) that has not been terminated.

ARTICLE 6: NOTICES. All notices or written communications required or permitted hereunder shall be deemed to have been given when received if hand delivered or when deposited in the U.S. mail, postage paid and addressed as follows:

If mailed to Agency:AGENCY NAME

ATTN: EXECUTIVE DIRECTOR

ADDRESS

CITY, STATE ZIP CODE

If by hand delivery:ADDRESS

CITY, STATE ZIP CODE

If mailed to County:MANATEE COUNTY COMMUNITY SERVICES DEPARTMENT

ATTN: DIRECTOR

P. O. BOX 1000

BRADENTON, FL 34206

If by hand delivery:MANATEE COUNTY COMMUNITY SERVICES DEPARTMENT

1112 MANATEE AVENUE WEST

SUITE 303

BRADENTON, FL 34205

Notice of termination or withholding of payment shall be served by certified or registered mail, return receipt requested or by hand delivery. Either party may designate a different recipient or address by written notice to the other party.

ARTICLE 7: GENERAL CONDITIONS.

A: MAINTENANCE OF RECORDS; AUDITS

i. Agency shall maintain records, accounts, property records, and personnel records in accordance with generally accepted accounting principles, as deemed necessary by County to assure proper accounting of funds and compliance with the provisions of this Agreement.

ii. Agency shall provide County’s representative all necessary information, records and contracts required by this Agreement as requested by County’s representative for monitoring and evaluation of services within three (3) business days following the date of such request, or as otherwise agreed upon with County’s Representative. Agency's information shall be made available to County for audit, inspection or copying during normal business hours and as often as County may deem necessary, except for client records protected by client confidentiality rules or regulations established by State or Federal law. In cases where client confidentiality applies, Agency shall provide requested records in a fashion which maintains confidentiality. County shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement or Agency made by any local, State or Federal agency. Agency shall retain all of its records and supporting documents related to this Agreement in accordance with all applicable laws, rules and regulations; in the absence of any other requirement, such records and supporting documents will be retained by Agency for at least three years after the termination of this Agreement.

iii. Prior to receiving any funds under this Agreement Agency shall provide the following:

1. Agency who at any time in the past 2 years or is expected in the current year to have a budget of $1,000,000 or more shall submit an audited financial statement and related management letters received, not more than two years old, from an independent certified public accountant registered in the State of Florida.

2. Agency who in the past 2 years and the current year has a budget of less than $1,000,000 shall submit a compilation, not more than two years old, from an independent certified public accountant registered in the State of Florida.

iv. The submission of documentation by Agency shall serve as agency's certification and representation that the information contained therein is true and correct. Agency recognizes that County has relied upon or will rely upon audits provided by Agency in making its determination to provide funds to Agency in the manner provided in this Agreement and if at any time County determines that the information submitted is not true and correct, County may immediately terminate this agreement and seek to recover any funds paid to Agency.

v. All forms referenced in this Agreement not attached herein shall be provided or approved by County’s Representative and shall be completed and submitted by Agency to County as requested.

B: PUBLIC RECORDS. By accepting award of this Agreement, Agency acknowledges that the portion of its books and records related to its contracting activities with County may become subject to inspection and copying under the Florida Public Records Act, and that it will in all respects comply with any requirements of that Act.

With respect to the services provided pursuant to this Agreement, Agency shall comply with the requirements of the Florida Public Records Law as specifically set forth in Florida Statute 119.0701.

FORPURPOSES OF RESPONDING TO PUBLIC RECORDS REQUESTS, AGENCY MAY CONTACT THE COUNTY’S RECORDS CUSTODIAN INDICATED BELOW:

Deborah M. Scaccianoce

Records Division Manager

P.O. Box 1000

Bradenton, FL 34206

[email protected]

941-742-5845 (x 5845)

C: COMPLIANCE WITH LAWS; NON-DISCRIMINATION. The performance of this Agreement shall be in compliance with all applicable laws, orders and codes of Federal, State, and local governments and the Americans with Disabilities Act. Additionally, Agency covenants and agrees that no person shall on the grounds of race, creed, color, disability, national origin, sex, age, political affiliation or beliefs be excluded from participation in, be denied the benefits of employment by agency, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available by the County in any manner that is in violation of any provision of the Constitutions of the United States and the State of Florida, or any applicable code, rules or laws.

D: LICENSES. Agency shall obtain any licenses required to provide the Program and maintain full compliance with any licensure requirements. Copies of reports provided to or by any licensing or regulatory agency shall be made available upon request of County’s Representative.

E: CONTRACTUAL LIABILITY. The relationship of the Agency to the County shall be that of an independent Contractor. Nothing herein contained shall be construed as vesting or delegating to the Agency or any of the officers, employees, personnel, agents, or subcontractors of the Agency any rights, interest or status as an employee of the County. The County shall not be liable to any person, firm or corporation that is employed by, contracts with or provides goods or services to the Agency in connection with the Program or for debts or claims accruing to such parties. Agency shall promptly pay, discharge or promptly take such action as may be necessary and reasonable to settle such debts or claims.

F: SUBCONTRACTORS. A part of the consideration provided by County hereunder is based upon the need to establish and maintain a fiscally sound not-for-profit entity to provide the Program to serve the interests and welfare of the residents of Manatee County. Therefore, Agency agrees that the Program shall be provided by volunteers or employees of Agency, and not by subcontractors. Nothing herein shall preclude employment of personnel through a lease or similar arrangement with the approval of County's representative, or contracts or leases for materials, supplies, facilities and other support services for Agency's program.

G: NON-ASSIGNABILITY. Agency may not assign, transfer, or encumber this Agreement or any right or interest in this Agreement.

H: AGENCY'S REPRESENTATIVES. Within thirty days from the date of execution of this Agreement by both parties, Agency shall provide the County with a list of representatives authorized to act on behalf of the Agency. The list of authorized representatives shall be approved by the Agency's Board of Directors.

I: AGENCY'S DIRECTORS. Agency’s paid staff shall not be a voting or elected member of the Agency's Board of Directors, and its directors shall not have, by virtue of their employment, recurring conflicts of interest between their employment and their legal duties to the Agency. To avoid conflicts in the contract monitoring process, no current officer or employee of the Manatee County Community Services Department may serve on Agency’s governing board.

J: OTHER OBLIGATIONS OF AGENCY.

i. Agency shall use its best efforts to attend and participate in meetings regarding county funding, as requested by the County’s Representative.

ii. Agency shall maintain tax-exempt status under the Internal Revenue Code.

iii. The funds paid to Agency by County are not for the benefit of any individual but are provided to assist Agency in developing and maintaining a program of services deemed beneficial to the health, safety and welfare of the community. Matters contained in this Agreement such as target populations, client eligibility and unit of service costs whether covering all or a portion of Agency’s cost of providing the Programs, are provided to apportion payment to Agency and represent the minimum level of service Agency must provide during the term of this Agreement.

iv. Payment of County funds for this program is for the actual expenses associated with the Program. The parties acknowledge that payment for part of the cost of the Program may be available from other governmental or third party sources. If Agency receives such revenues which then exceed the actual Program cost, Agency shall notify County’s Representative and shall coordinate the appropriate refund of County funds or reduction in County payments.

v. Agency Bylaws shall be approved by the Agency’s Board of Directors. County shall be provided with copies of Agency bylaws, and any amendments thereto upon request by County Representative.

vi. Agency shall maintain all Board of Director’s minutes, and any referenced financial, staff and other committee reports, and shall make available upon request by County Representative.

ARTICLE 8: INDEMNIFICATION. Agency shall indemnify, keep and save harmless, and defend the County, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may accrue against the County arising out of the performance of or failure to perform the Program required by this Agreement or the terms of this Agreement, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Agency or its employees, or of the subcontractors or its employees, if any. Agency shall pay all charges of attorneys and all costs and other expenses incurred in connection therewith, and if any judgment shall be rendered against the County in any such action, the Agency shall, at its own expense, satisfy and discharge the same. Any performance bond or insurance protection required by this Agreement, or otherwise provided by Agency, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided. The indemnity hereunder shall continue until such time as any and all claims arising out of Agency's performance or failure to perform under this Agreement have been finally settled, regardless of when such claims are made.

In the event that any action, suit or proceeding is brought against the County upon any liability arising out of this Agreement, County shall give notice thereof in writing to Agency at the above listed address. Upon receipt of notice, Agency, at its own expense, may defend against such action and take all such steps as may be necessary or proper to prevent a judgment against the County. Nothing in this Agreement shall be deemed to affect County's right to provide its own defense and to recover from Agency attorney’s fees and expenses associated with such representation or the rights, privileges and immunities of the County as set forth in Florida Statute 768.28.

ARTICLE 9: INSURANCE. Without limiting any of the other obligations or liabilities of the Agency, the Agency shall, at the Agency's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the nature and type as set forth in Attachment D. Agency shall provide a Certificate of Insurance as evidence of coverage, along with all applicable endorsements, and made part of this agreement as Attachment "D" to include:

i. Commercial General Liability in an amount not less than $1,000,000 per occurrence and in the aggregate; and

ii.Professional Liability Coverage in an amount not less than $1,000,000 per occurrence.

Until such time as the insurance is no longer required, the Agency shall provide the County with renewal or replacement certificates of insurance not less than the day prior to the expiration or replacement of the insurance for which a previous certificate has been provided. In the event a renewal or replacement certificate is not available Agency shall, not less than the day prior to expiration of any existing policy, provide County with evidence of a binder proving continuation of coverage and a new certificate as reasonably soon as possible.

Manatee County, a political subdivision of the State of Florida, shall be named as an additional insured on the certificate of insurance evidencing commercial general liability coverage, and entitled to notice of cancellation or termination. County shall be under no obligation to pay agency for any services provided or for any costs associated with Agency's Program for any period of time not covered by the insured required under this Agreement.

Agency shall immediately notify County upon lapse in the coverages required by this Agreement or cancellation of any of the insurance policies. Agency shall not provide any services under this Agreement during any such period of lapse or after cancellation of the insurance coverages required herein without the express written permission of the County's representative.

ARTICLE 10: COUNTY'S REPRESENTATIVE. The Director of County's Community Services Department or such other employee as may be designated in writing by the County Administrator shall serve as the County's representative and is authorized to interpret this Contract and designate such additional employees as may be required to monitor Agency's performance, provide technical assistance, and assume other administrative duties associated with the implementation of this Agreement. Disputes over any provision not satisfactorily resolved with the County's representative shall be referred to the County Administrator or his designee.

ARTICLE 11: AMENDMENTS. This Agreement may not be modified, amended or extended orally. This Agreement may be amended only by written agreement approved by the governing bodies of both parties.

ARTICLE 12: SEVERABILITY. In the event that any paragraph of this Agreement is adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not affect or nullify the remaining paragraphs hereof, but shall be confined solely to the paragraphs involved in such decision.

ARTICLE 13: HEADINGS. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof.

ARTICLE 14: CATASTROPHIC EVENTS. No party shall be liable for any failure to perform, or delay in the performance of, any obligation under this Agreement if such failure is caused directly by a hurricane, tornado, fire, earthquake, civil commotion or failure or disruption of utility services, or other cause beyond the reasonable control of the party obliged to perform.

ARTICLE 15: DISCLAIMER OF THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the parties hereto, and no right, privilege, or cause of action shall be reason hereof accrue upon, to, or for the benefit of any third party, including without limitation any subcontractors of the Agency and any providers of promotional, advertising or other services, or goods, purchased by the Agency. Nothing in this Agreement is intended or shall be construed to confer upon or give any person, corporation, partnership, trust, private entity, agency, or other governmental entity any right, privilege, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof.

ARTICLE 16: CONSTRUCTION. This Agreement represents the full agreement of the parties. Each of the parties hereto has had equal input into drafting of this Agreement such that no provision of this Agreement shall be construed strictly against one party as the drafter thereof.

ARTICLE 17: WAIVERS. Neither this Agreement nor any portion of it may be modified or waived orally. However, each party, through its governing body or properly authorized officer, shall have the right, but not the obligation, to waive, on a case-by-case basis, any right or condition herein reserved or intended for the benefit or protection of such party without being deemed or considered to have waived such right or condition for any other case, situation, or circumstance and without being deemed or considered to have waived any other right or condition. No such waiver shall be effective unless made in writing with an express and specific statement of the intent of such governing body or officer to provide such waiver.

ARTICLE 18: GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Florida. Venue for any action to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida, or, to the extent any proceeding is removed to federal court, the United States District Court for the Middle District of Florida, Tampa Division.

ARTICLE 19: REMEDIES. Each party hereto shall have such remedies as are available pursuant to applicable law for any breach or non-performance by the other party.

ARTICLE 20: ATTORNEYS FEES AND COSTS. Each party hereto shall be solely responsible for paying its attorney’s fees and costs in any dispute, litigation, dispute resolution proceeding, settlement negotiation or pre-litigation negotiation rising under this Agreement.

ARTICLE 21: EFFECTIVE DATE. This Agreement shall take effect as of the date set forth above.

ARTICLE 22: AUTHORITY TO EXECUTE. Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Agreement and has authorized the execution of this Agreement by the party's authorized representative.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed, in duplicate, by their authorized representatives, effective as of the date set forth above.

WITNESSES:

AGENCY

Sign Name:

By:

Print Name:

Print Name:

Sign Name:

Title:

Print Name:

Phone Number:

MANATEE COUNTY, FLORIDA

By: Board of County Commissioners

By:

County Administrator

Date of Execution:

ATTACHMENT A

PROGRAM DESCRIPTION

AGENCY NAME.,

PROGRAM NAME

1. PROGRAM DESCRIPTION:

a. Agency shall provide XXXX, hereinafter “Program”.

2. TARGET POPULATION:

a. This program shall serve XXXX, who are residents of Manatee County, hereinafter, “Client”.

b. Agency will serve XXXX unduplicated clients during the course of this agreement.

3. LOCATION/HOURS OF SERVICE:

a. Services will be provided at the following location(s):

i. XXXX

b. The Program will be provided at the following time(s):

i. XXXX

4. SERVICES:

a. Program shall provide, XXXX

5. OUTCOME MEASUREMENTS:

a. Agency will monitor and measure the following outcomes and report them quarterly.

i. XXXX

ii. XXXX

6. UNIT OF SERVICE: A unit of service shall be defined as XXXX.

ATTACHMENT B

PAYMENTS

AGENCY NAME.,

PROGRAM NAME

Agency shall be paid by the County an amount not to exceed $XX,XXX for the program as specified below:

1. Agency shall provide XXXX units of service, during the term of the Agreement.

2. Agency shall be paid by the County in the amount of $XX,XXX for each unit of service provided in accordance with Article 1, Attachment A and documented in accordance with Attachment C.

3. Agency shall be paid monthly for the actual number of units of service it has provided.

a. The total of all payments shall not, at any point in time, exceed the cumulative amounts listed below:

October

$XX,XXX

April

$XX,XXX

November

$XX,XXX

May

$XX,XXX

December

$XX,XXX

June

$XX,XXX

January

$XX,XXX

July

$XX,XXX

February

$XX,XXX

August

$XX,XXX

March

$XX,XXX

September

$XX,XXX

4. It is recommended that Agency Payment Requests, as described in Attachment B, be submitted to the County by the 15th of each month. Agency payment requests are processed in the order they are received by the County. Once processed by the Manatee County Community Services Department, the Clerk of the Courts has 45 days to process the payment.

5. Within 15 calendar days after expiration of the Agreement, the Agency shall render a final and complete Agency Payment Request. County shall not be responsible for the payment of any charges, claims or demands of the Agency not received within said fifteen day period.

Attachment B

MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS

AGENCY PAYMENT REQUEST

NON-PROFIT AGENCIES

AGENCY:

AGENCY REMITTANCE ADDRESS (Enter Street or P.O. Box, City, State, Zip Code for sending payments)

PROJECT NUMBER:

PROGRAM:

PAYMENT REQUEST FOR MONTH OF:

SECTION 1: Agency Payment Request

(1)

(2)

(3)

(4)

REQUEST THIS

PERIOD

TOTAL

FUNDING

REQUESTED

YEAR-TO-DATE

BALANCE

OF FUNDS

$

$XX,XXX

$

$

SECTION 2: CLIENT SERVICES

(5)

(6)

(7)

(8)

(9)

(10)

(11)

UNIT

COST

UNIT

CONTRACT TOTAL

Y-T-D

TOTAL

PRIOR

TOTAL THIS PERIOD

TOTAL

Y-T-D

% OF

PLAN ACHIEVED

% OF

TIME ELAPSED

$XX,XXX

$XX,XXX

%

%

SECTION 3: SUPPORTING DOCUMENTATION

Attach: Documentation as required in Agreement Attachment C: Special Conditions. Monthly Unit Tracking Form containing month and year service provided; dates of service for reporting month, and number of clients for each day reported for month.

PREPARED BY:

DATE:

I attest that the information presented in this Agency Payment Request is true and accurate to the best of my knowledge.

AUTHORIZED SIGNATURE:

DATE:

(SUBMIT 1 ORIGINAL-SIGNATURE BLUE INK AND 2 PHOTOCOPIES OF REPORT

WITH 1 COPY SUPPORTING DOCUMENTATION ATTACHED TO EACH)

DO NOT WRITE BELOW THIS LINE

HSD CONTRACT MANAGER:

DATE:

ATTACHMENT C

SPECIAL CONDITIONS

AGENCY NAME.,

PROGRAM NAME

1. Agreement Deliverables: The Agency shall submit the following documents:

Please note that failure to submit any document as required shall result in payment processing being delayed until the Agency is in compliance with the agreement.

a. Agency shall provide each month with their payment request:

i. Three copies of the following information from the reporting period:

1. XXXX

ii. One copy of the following information from the reporting period:

Monthly Reports

Title

Requirement/Description

1.

Anticipated Difficulties

Agency shall report anticipated difficulties meeting contractual requirements by the end of the contract year.

2.

Board of Director Changes

Agency shall report changes in the composition of Agency’s Board of Directors.

3.

Changes in Staff

Agency shall report changes in staff from Agency’s proposal for funding during the contract term. (Include staff vacancies or changes which affect the Program).

4.

Schedule

Agency shall provide one copy of the anticipated program schedule for the next reporting period.

b. Agency shall submit the following reports quarterly through ODM and retain verification on site for review upon request by the County:

Quarterly Report Due Dates

Quarter 1

(Oct-Dec)

Quarter 2

(Jan-Mar)

Quarter 3

(Apr-Jun)

Quarter 4

(Jul-Sep)

Due: Jan 30, 2016

Due: Apr 30, 2016

Due: Jul 30, 2016

Due: Oct 30, 2016

Title


i.

Program Quarterly Expenditure Report

Agency shall report quarterly all actual program revenue (by source) and actual expenditures (by line item).

ii.

Quarterly Program Funding Report

Agency shall pursue additional funding options during the term of this Agreement and report quarterly any alternative funding sources which the agency has applied for and the results of said application.

iii.

Quarterly Outcomes Report Form

Agency shall track and report program outcome results for the clients served for the quarter.

iv.

Quarterly Children’s Services Client Demographics Report

Agency shall provide a report on unduplicated clients receiving services during the term of this agreement (updated each quarter reporting new clients only) to include the following demographics: Gender, race, age, and zip code.

c. Agency shall submit the following documentation as indicated:

Other Documents Required

Title


i.

Insurance

1. Agency shall submit Commercial General Liability insurance in accordance with Article 9.

2. Notwithstanding the provisions set forth in Article 9, the requirement for Agency to procure, maintain and keep in force, Professional Liability Coverage (indicated in Article 9 item B) is waived for the duration of this agreement.

3. Agency shall, not less than the day prior to expiration of any existing policy, provide County with evidence of a binder proving continuation of coverage and a new certificate as reasonably soon as possible. In accordance with Article 9.

ii.

Financial Audit

Financial audits shall be submitted in accordance with Article 7, A, iii.

iii.

Authorized Representatives

An Authorized Representative letter (listed by position) shall be submitted within 30 days of execution in accordance with Article 7, H.

iv.

Release of Information

Must be submitted within 30 days of agreement execution and approved by the county representative.

2. Agency shall maintain program files and/or individual client files documenting services provided.

a. County’s Representative shall have the option of reviewing the contents of the files.

b. Agency shall have the following information available during all site visits:

Site Visit Documentation:

Title


i.

Client ID

Agency shall use a consistent method for identifying clients which meets the HIPAA requirements in Attachment C, 5.

ii.

Release of Information

Agency shall present a signed Release of Information prior to any information being reviewed. See Attachment C, 4.

iii.

Residency Verification

1. Client residential addresses with zip codes.

a. P.O. Boxes are not considered a residential address.

iv.

Program Services Documentation

Client Files

· XXXX

Agency Files

· XXXX

3. County’s Representative has the authority to request additional information for County’s periodic reviews, Agency Payment Request approval, site visits, annual monitoring, and other Agreement related tasks.

a. County’s Representative shall have the authority to approve the final format of requested information.

4. Because the services provided by Agency are funded in whole or in part by the County, Agency agrees to require each client receiving services (or legal guardian of client where applicable) to execute an Acknowledgement and Consent to Release Records form.

a. The form shall contain an acknowledgement of the client or guardian that he/she understands that the County’s Representative may request access to any or all Agency records relating to the program and/or the delivery of services for the purposes of evaluating or monitoring the program or delivery of service to the client, and that he/she consents to the release of records for these purposes.

b. The form shall also inform the client or guardian that to the extent records are provided to the County, same shall become public records and may, subject to any applicable state or federal exemptions, be inspected or copied by third persons.

c. The form shall be drafted by the Agency, and must be reviewed and approved by the County’s Representative prior to use.

d. County’s Representative may waive this requirement for group educational and similar programs.

5. Health Insurance Portability and Accountability Act (HIPAA): To the extent Agency is defined as a Covered Entity by the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), Agency shall carry out its obligations under this Agreement in compliance with the record security and privacy regulations established by HIPAA to protect the privacy of any personally identifiable protected health information (PHI) that is collected, processed or learned as a result of its performance of the Services provided hereunder. In conformity therewith, Agency shall:

a. Not use or further disclose PHI except as permitted under this Agreement or required by law;

b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement;

c. Mitigate, to the extent practicable, any harmful effect that is known to Agency of a use or disclosure of PHI by Agency except as permitted by this Agreement.

d. Report to County any use or disclosure of PHI not provided for by this Agreement of which agency becomes aware.

e. Make its internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of Department of Health and Human Services for purposes of determining County and Agency's compliance with HIPAA.

f. Agency, its employees and agents are only permitted to use or disclose PHI related to treatment of a patient to which they provided care in accordance with the HIPAA during its association with County.

g. Agency will compel employees and agents to sign acknowledgements of receipt of, and understanding of, all rules and regulations related to HIPAA.

h. Agency will also take appropriate disciplinary actions against employees and agents who violate HIPAA regulations.

i. Agency will insure all relevant employees and agents will have been instructed in HIPAA compliance prior to performing Services related to PHI records. Agency will assume all expense for such training.

j. Notwithstanding any other provision of this Agreement, Agency agrees to hold harmless and indemnify County from any civil or administrative action, fine or penalty resulting from a breach of patient privacy by Agency, its agents or employees.

k. In addition to the foregoing, to the extent Agency is a HIPAA Covered Entity or Business Associate, Agency must enter into a HIPAA business associate agreement with any Business Associate or subcontractor which will have access to PHI, and shall provide County, upon County’s request, copies of same.

1

6. I have revised the language in Section 7.B to comply with Florida Statute 119.0701.

7. Per your request, I have moved Sections 2 – 6 of the special conditions to Article 7 of theTemplate.

Please review the redlined changes and comments and let me know if you have any questions orconcerns. Please also provide me with a redline of any additional changes made by staff, utilizingthe track-changes function in MS Word. Subject to the inclusion of my suggested changes and the resolution of any business issues identifiedby staff, I have no objection from a legal standpoint to the Template being scheduled for approval bythe Board by resolution, as has been done in past fiscal years. I express no opinion as to the businessjudgment of entering into agreement utilizing the Template. This concludes my response to the RLS. Please let me know if you have any questions or concerns. William Clague, Assistant County AttorneyManatee County Attorney’s Office1112 Manatee Aveneue WestBradenton, FL 34205(941)[email protected]

August 6, 2019 - Regular Meeting Agenda Item #19

Subject Children's Services Advisory Board FY19/20 Investment Recommendations Briefings Briefing Provided Upon Request Contact and/or Presenter Information Ava Ehde, Director Neighborhood Services Department, x3974 Susan Ford, Human Services Program Manager Neighborhood Services Department, x3486 Action Requested Approve Children's Services Advisory Board FY19/20 investment recommendations. Enabling/Regulating Authority Manatee County Code 2-2-251 through 2-2-529, Resolution R-90-169, Ordinances 91-42, 94-28, 97-30, 99-30 Background Discussion

● The Children's Services Advisory Board (Advisory Board) reviewed and rated 53 Children's Services program proposals, requesting a total of $13,249,671, which exceeded available funds. On May 22, 2019, the Advisory Board arrived at their final recommendations for investment of the Children's Services Dedicated Millage. The Advisory Board's recommendations from that date are as follows for the allocation of the available budget of $12,488,524 for children's services, which included investing $11,962,898 in special projects and program services and $525,626 for general program reserves.

● The Advisory Board's recommendations were decided considering multiple factors, including identified priorities, program proposals, and contract compliance. In keeping with the Results First philosophy, this year the Advisory board continued the transition from that of a funder to an investor. With the increased emphasis on results, the investment recommendations did not mirror those of prior years in which it was customary to continue funding most, if not all, programs currently under contract to provide ongoing services at level or increased funding. Recommendations were made to invest in the desired level of results non-profits have committed to achieve, especially in the established priority areas, and demonstrate high probability of success through best practice or evidence of recent achievement.

● During the Advisory Board's deliberations on May 22, 2019, and meetings throughout April and May, investments were discussed and the recommendations were as follows:

● Programs Meeting a Priority Area: Of the 53 requests for funding submitted, 17 were considered under the priority category. These consisted of 16 previously funded programs and one new request. All 16 previously funded programs were recommended to receive level or increased funding depending on the reason and cost for the requested increase. The new program was not recommended for funding due to some concerns throughout the proposal, such as commitments from key partners and a possible


9:00 a.m. - August 6, 2019

VTessmerTypewritten TextApproved in Open Session with the Exception of

VTessmerTypewritten TextManatee YMCA - YDash at Harlee Middle

VTessmerTypewritten TextCenters for Success - After School EnhanceSchool District Manatee- Its Your choice\Healthy Teem Coalition - Teen HealthReplay Outreach - Success4Life Training8/6/19

duplication of services. The total requested for those under a priority category was $6,947,110, and recommendations total $6,592,580. Programs meeting a priority area are required to measure and report on one of the following results:

❍ Children in foster care exit to a permanent home within 12 months or less of entering care; ❍ Children do not re-enter foster care within 12 months of moving to a permanent home; ❍ Families formed by adoption are stable and supported; ❍ Students improve reading skills to attain grade level before 4th grade; or ❍ Improved student behavior and fewer incidents of out of school suspension.

● Special Initiative Programs: Of the 53 requests for funding submitted, 3 were considered under special initiatives. These programs have been funded in the past and consist of the following: Child Welfare Policy Coordinator (formerly known as Systems Advocate), which is a position equally funded by Sarasota County Government and Manatee County Government to watch over the child welfare system and report to both counties and the CSAB when issues arise within that system; Feeding Empty Little Tummies, which provides weekend meals for children identified by the school district as homeless or at risk of homelessness; and Emergency Food and Baby Baskets, which provides food for families in need and baby baskets consisting of formula or baby food and diapers. The total requested, and the recommendations, for the special initiative programs was $174,385.

● Other Programs Considered: The remaining 33 requests for investment consisted of programs measuring results for children and/or families that meet needs in the community, but did not fall under the priorities set by the Advisory Board. These consisted of 32 previously funded programs and one new request. Of the 32 previously funded programs, 30 were recommended to receive level or increased funding depending on the reason and cost of the requested increase; 2 were not recommended for funding due to some concerns on the population to be served and the proposed results. The total requested for the other programs considered was $6,328,176 and recommendations total $5,415,933.

● Set Aside for Grade Level Reading Pilot: On May 15, 2019, the Advisory Board set aside $50,000 to fund requests for a Grade Level Reading Pilot at Samoset Elementary and Palm View Elementary as part of a collaboration with the Suncoast Campaign for Grade Level Reading. This was set aside so that funds will be available if there are good results from the pilot program in the summer of 2019 at Samoset Elementary School to allow the pilot to continue in 2020 and add services at Palm View Elementary, an additional Title I School.

County Attorney Review Not Reviewed (No apparent legal issues) Explanation of Other Reviewing Attorney N/A Instructions to Board Records Notify Susan Ford ([email protected]) of action taken on item. Cost and Funds Source Account Number and Name Children's Services Dedicated Millage 104.0015002 Amount and Frequency of Recurring Costs


9:00 a.m. - August 6, 2019

mailto:[email protected] Text8/6/19

$12,488,524 Attachment: FY19-20 CSAB Investment Recommendation Report.pdf Attachment: MC CodeOfOrdinances Article IX ChildrensServices.pdf


9:00 a.m. - August 6, 2019

file:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/57A62F94-241C-4649-95F2-6E557E2B81C9.pdffile:///C:/Users/EAGEND~2/AppData/Local/Temp/ABCpdf/8DC6B559-55F6-459D-8F8E-662BF40010B4.pdf

FY19-20 CHILDREN’S SERVICES ADVISORY BOARD INVESTMENT RECOMMENDATION REPORT

Programs Meeting a Priority Area

Agency Name Program Name FY 2019 Request Rating Score

Recommended Investment Brief Program Description

The Florida Center for Early Childhood, Inc. Early Childhood Court $329,287 78.90 $329,287

Children in foster care will achieve permanency in less than 12 months in care

Sarasota Family YMCA Family Preservation & Reunification $340,000 65.67 $340,000 Children in foster care will achieve permanency in less than 12 months through reunification

Exchange Club Family Partnership Center

Chosen Families (Adoption RFP) $366,500 82.89 $366,500

Post adoption preservation and support services – 4th year of a 4-year RFP

Early Learning Coalition Early Care & Education $2,510,143 84.00 $2,510,143 Subsidized child care, developmental screenings, school readiness preparation, preschool reading curriculum

Palmetto Youth Center Foundation for Excellence $254,309 75.70 $254,309 Before/after school program for ages 5-17, measuring results with physical activity and healthy snack components

The D.L. Randall Foundation, Inc. An Uprising in the Village $120,000 55.00 $120,000 Before/after school program for ages 5-17 for at-risk Rubonia youth The Myakka City Community Center Morning/After School Care $132,002 72.00 $132,002

Before/after school program for ages 5-17, measuring results with reading comprehension component

United Community Centers Before & After School Enrichment Plus $345,326 59.78 $345,326 Before/after school for ages 5-17, measuring results with reading comprehension component

AMIkids Manatee, Inc. Prevention Program $80,000 83.00 $80,000 Behavior modification, life skills development and career education to high risk middle school age boys Big Brothers/Big Sisters of the Suncoast

Juvenile Justice Mentoring Initiative $35,000 77.10 $35,000 Mentoring for children involved with juvenile justice

Boys & Girls Clubs of Manatee Great Futures Start Here $610,000 78.33 $610,000 Before/after school program for ages 5-17

Centerstone of Florida Children's Community Action Team $660,916 77.80 $660,916 Counseling for high risk children and families

Family Resources CERTAIN $217,711 70.70 $217,711 Counseling and case management for truant youth

Manatee County Family YMCA YDASH at Harllee Middle School $80,000 64.33 $0 After school and summer at Harllee Middle School

Manatee County Girls Club, Inc. dba JFG

Girls Alterative Program for Success (AEP) $422,517 84.10 $366,658 Prevention services for Just for Girls students

SMART Therapeutic Horseback Riding $13,500 77.90 $13,500 Therapeutic horseback riding for disabled children

The School District of Manatee County ATOSS $402,974 66.89 $184,303 Alternative education services for suspended students

Total Programs Meeting Priority

$6,947,110 $6,592,580

VTessmerTypewritten Text


Other Programs Considered



Big Brothers/Big Sisters of the Suncoast One to One Mentoring $55,000 79.80 $45,000

Mentoring of youth with a demonstrated need and desire for additional adult support (in the school setting)

Boys & Girls Clubs of Manatee The Club - Teens only $194,508 77.60 $155,606 Evening prevention services for teens

Centers for Success (Tallevast Community Center) After-School Enhancement $90,000 68.56 $90,000

Before/after school program for ages 5-17 for at-risk youth in Tallevast

Centerstone of Florida Baker Act Youth $130,441 76.10 $130,441 Baker Act/mental health services

Centerstone of Florida Child Welfare Diversion $353,135 72.67 $353,135 Intensive in-home services to families at high risk of child removal to prevent entry into child welfare system

Centerstone of Florida Rape Crisis Child Advocacy & Therapy $99,747 76.70 $99,747 Advocacy and therapy for child victims of rape

Comm Coalition for Children & Youth/New Path Academy

APS (Alternative Path to Success) $75,000 79.20 $75,000

Individually focused education alternative for students who have been unsuccessful in traditional schools

Easter Seals of SW Florida Family Support Services (Project Rainbow) $51,840 84.50 $51,840 Respite for families with special needs children

Easter Seals of SW Florida Children's Therapy Center $67,382 82.40 $67,382 Therapy for children with developmental delays

Educational Consultants Consortium Iron Sharpening Iron $122,815 81.70 $122,815

Tutoring and college readiness preparation, teen pregnancy prevention

Family Resources, Inc. Safe Place2B $60,000 80.50 $60,000 Shelter and counseling for runaway and troubled youth

Foundation for Dreams Dream Oaks Camp $230,000 79.80 $205,000 Skill building camp for children with disabilities and respite service for parents Healthy Teens Coalition of Manatee County, Inc. Teen Health $90,000 71.80 $0

HOPE Family Services, Inc. Children's Counseling Program $231,315 75.00 $231,315 Safety skills and counseling for child victims of domestic violence

Insight Counseling SOAR Program $92,750 78.80 $92,750 Counseling for sexual offenders ages 6-17

Manatee Children's Services, Inc. Child Advocacy Center $775,000 86.22 $775,000 Specialized services for abused/neglected children, including forensic medical examinations

Manatee Children's Services, Inc. Residential Programs $206,873 79.80 $160,000 Shelter for children in out of home placement

Manatee County Girls Club, Inc. dba JFG

Girls Initiative for Renewed Learning Strategies (OST) $939,402 86.00 $772,242 Before/after school program for ages 5-17




PACE Center for Girls Teenage Pregnancy Prevention Project $184,276 87.00 $184,276 Teen pregnancy prevention program for Pace students

Palmetto Youth Center Teen Hype $144,663 55.30 $102,626 Evening prevention services for teens

Parenting Matters Partners in Education & Support $267,220 89.56 $267,220 In-home and group parenting education

Replay Outreach Success4Life Training $50,000 59.44 $0 Job readiness preparation & behavior modification for at-risk youth

Step Up Suncoast (MCAA) CATCH Speech/Language Evaluation & Therapy $89,110 69.56 $89,110 Speech and language evaluations and therapy for children attending child care centers

Step Up Suncoast (MCAA) Head Start/Early Head Start $150,000 78.67 $150,000 School readiness preparation for low income children

Step Up Suncoast (MCAA) Healthy Families Manatee $218,750 68.50 $218,750 Specialized parent training for at-risk families

Step Up Suncoast (MCAA) HIPPY $200,000 72.20 $179,825 School readiness preparation with weekly lessons taught to parents who then teach their children

Step Up Suncoast (MCAA) Parents as Teachers $125,000 65.89 $100,000 In-home parenting for parents of children up to age 4

Step Up Suncoast (MCAA) Teaching Our Toddlers $225,000 82.00 $91,955 In-home training for parents of children ages 8 months to 3 years to teach pre-academic school readiness skills

Step Up Suncoast (MCAA) Whole Child Manatee $150,949 63.89 $150,949 Human services database and case management

The Family Network on Disabilities Parent Mentoring & Support $14,000 77.40 $14,000 Group training series for parents of disabled children

The Family Network on Disabilities Sarasota/Manatee Respite $40,000 77.30 $40,000 Respite for families with special needs children

The Salvation Army Family Shelter $72,000 62.40 $69,949 Shelter and case management for homeless families

The School District of Manatee County It's Your Choice $282,000 55.33 $0

Teen pregnancy & bullying prevention program in middle schools

Take Stock in Children Take Stock in Children $250,000 n/a $0 Disqualified from funding – Does not meet the requirements of Ordinance 91-42 Total Other Programs Considered $6,328,176 $5,145,933


Special Initiative Programs



Florida Department of Health Child Welfare System Advocate $41,000 n/a $41,000 Child welfare system watchdog jointly funded with Sarasota County

Feeding Empty Little Tummies Weekend Meals $100,000 73.10 $100,000 Provide nutritional food supply for weekends for Project Heart designated children Meals on Wheels PLUS of Manatee

Emergency Family & Baby Baskets $33,385 79.10 $33,385 Emergency food and baby baskets for families

Total Special Programs $174,385 $174,385

Children’s Services Advisory Board FY2018-19 Investment Recommendation Summary

FY 2019-20 Total Funds Requested

FY2019-20 Recommended Fund Investment

Programs Meeting a Priority Area $6,947,110 $6,592,580 Other Programs Considered 6,328,176 5,145,933 Special Projects 174,385 174,385 Grade Level Reading Program Reserves 50,000 50,000 Program Reserves – 4.09% 525,626 TOTALS $12,488,524

Manatee County, Florida, Code of Ordinances Page 1

PART II – MANATEE COUNTY CODE OF ORDINANCES

Chapter 2-2 ADMINISTRATION

ARTICLE IX. - CHILDREN'S SERVICES [14]

Sec. 2-2-251. - Short title.

This article shall be known and may be cited as the Manatee County Children's Services Ordinance.

(Ord. No. 91-42, § 1, 7-9-91)

Sec. 2-2-252. - Scope and purpose.

The scope and purposes of this article are: (1) To implement the provisions of Manatee County Resolution R-90-169 and provide for

the dedicated millage for children's services. (2) To establish the general terms and conditions under which Manatee County shall fund,

develop and provide for the operation of programs which shall include the enhancement and expansion of existing programs as well as new and innovative programs for the prevention and treatment of Manatee County's neglected, abused, at-risk or economically disadvantaged children and provide essential and necessary programs to serve such children.

(3) To establish the Manatee County Children's Services Advisory Board, to establish the terms and conditions of membership on the advisory board, to establish the scope of authority of the advisory board and other terms and conditions related thereto.

(4) To provide a clear source of lawful authority for the grant of funds derived from a dedicated millage for the development and authorization of continuing programs for the prevention and treatment of Manatee County's neglected, abused, or at-risk children and to fund programs to serve economically disadvantaged children.

(Ord. No. 91-42, § 2, 7-9-91)

Sec. 2-2-253. - Definitions.

The following words, when used herein, shall have the meaning indicated unless the context clearly indicates otherwise:

Advisory board shall mean the Manatee County Children's Services Advisory Board as established herein.

Agency shall mean any partnership, association, corporation or individual as well as any governmental body or unit.

Children shall refer to Manatee County's neglected, abused or at-risk children or economically disadvantaged children under the age of eighteen (18).

Child advocate shall mean a member of the general public with a demonstrated concern for the well being of children.

Clerk shall mean the clerk of the circuit court and clerk to the board of county commissioners of Manatee County.

County shall mean Manatee County acting by and through its board of county commissioners. Dedicated millage shall mean the ad valorem property taxes as provided for in Resolution R-

90-169 and section 2-2-255(1) of this article.


Department shall mean the community services department or such other department or division within county's jurisdiction, having cognizance over the furnishing of children's services and matters relating thereto.

Director shall mean the director of the department or his designee. Exclusive jurisdiction of the school board shall mean matters pertaining to the obligations and

duties of the school board pursuant to the Constitution and Laws of Florida and shall not apply to discretionary programs that may be implemented by the school board where such programs may be qualified for funding under this article and the school board held accountable to the county for the development of the program and the provision of services to children.

Fiscal year shall mean the county's fiscal year beginning on October 1 and ending on September 30 of each year.

Juvenile shall mean children as defined above. Supplant or replace shall mean to take the place of. Words of the masculine gender shall be deemed and construed to include correlative words

of the feminine gender. Words importing the singular number shall include the plural number and vice-versa unless the context shall otherwise indicate. The word "person" shall include corporations, associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors.

(Ord. No. 91-42, § 3, 7-9-91)

Sec. 2-2-254. - Millage dedicated.

(a) There is hereby dedicated to fund additional services and programs for abused, neglected, economically disadvantaged or at-risk children an amount equal to not less than one-twentieth (1/20) of a mill in 1991 which amount shall increase annually to one-third (1/3) of a mill in 1995 and thereafter, which shall be based upon the taxable value of all land in Manatee County.

(b) The amount of revenue to be generated by the dedicated millage shall be reported to the advisory board by the director as soon as reasonably possible after the property appraiser certifies the tax roll and shall be accounted for by the clerk separate and apart from all other county funds.

(c) The annual increase between 1991 and 1995 shall be based upon approximately equal incremental increases as finally determined by the county after considering the recommendations of the advisory board.

(d) The dedicated millage shall not replace or supplant existing funding and may be expended only for funding additional programs and services for children, and in particular, early childhood intervention programs in accordance with the provisions of this article.

(e) Any funds derived from the dedicated millage not used during any fiscal year and all interest earned on such funds shall be accounted for and used only for the purposes established in this article for the dedicated millage.

(Ord. No. 91-42, § 4, 7-9-91)

Sec. 2-2-255. - Expenditures authorized.

It is the intent of this article that the funds generated by the dedicated millage shall be used to fund additional services and programs for abused, neglected, economically disadvantaged and at-risk children as provided in Resolution R-90-169, this article and as more specifically determined by subsequent proceedings of the county.

The dedicated millage may be expended for programs and services which may include but shall not be limited to the following purposes:


(1) To provide and maintain in Manatee County such guidance, psychological, or psychiatric clinics for juveniles as the county determines are needed for the general welfare of Manatee County.

(2) To provide for the care of dependent juveniles and to provide such other services for all juveniles as the county determines are needed for the general welfare of Manatee County.

(3) To allocate and provide funds for agencies in Manatee County which are operated for the benefit of juveniles, provided they are not under the exclusive jurisdiction of the public school system.

(4) To collect information and statistical data which will be helpful to the county in deciding the needs of juveniles and to develop techniques for monitoring the efficacy of funded programs and services including but not limited to the gathering of data, measuring outcomes, goal effectiveness, research.

(5) To lease such real estate and lease or purchase such equipment and personal property as are needed to execute the foregoing programs and services.

(6) To provide and maintain in Manatee County such programs and services directed toward developing, maintaining and restoring the integrity of the family where such programs and services are consistent with the scope and purpose of this article and Resolution R-90-169.

(7) To provide prenatal care programs where such programs will serve to reduce the problems of potentially at-risk children.

(8) To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing programs and services.

(9) To provide for administrative expenses limited to a children's services coordinator, children's services coordinator clerical support staff and operating supplies, directly related to tasks necessary to fulfill the scope and purposes of this article, in an amount not to exceed ten (10) per cent of the annual dedicated millage for that fiscal year, to be determined at the time of budget adoption.

Such children's services may be provided in accordance with the provisions of this article and such rules, policies and procedures as may be established by resolution of the county, which may include but shall not be limited to programs providing for grants to not-for-profit agencies for the reimbursement of expenditures for operational and overhead expenses for the creation, development and implementation of programs, grants to not-for-profit agencies or children based upon funding all or a portion of the cost of services rendered, the purchase of services or, where children's services can most economically and efficiently be provided by county, through the establishment of county-run programs.

(Ord. No. 91-42, § 5, 7-9-91; Ord. No. 97-30, § 1, 2-18-97)

Sec. 2-2-256. - Children's services advisory board.

(a) Advisory board established. There is hereby established the Manatee County Children's Services Advisory Board which shall be appointed by and serve at the pleasure of the county. To the extent possible the advisory board shall be comprised of: (1) A physician, preferably a pediatrician; (2) A licensed mental health professional; (3) A member of the NAACP; (4) Five (5) child advocates who are not affiliated with any agency receiving county funds; (5) One criminal justice representative;


(6) One school board member; (7) One representative from health and rehabilitative services; (8) One representative from United Way of Manatee County; and (9) Judge of the family law division.

(b) Terms. (1) Except as provided herein all terms shall be for a period of three (3) years and continue

until a successor has been appointed, which term shall be deemed to commence on October 1 of each respective year.

(2) To achieve staggered terms, the terms of three (3) members, including one child advocate, shall expire at the end of an initial two-year period; the terms of four (4) members, including one child advocate, shall expire at the end of an initial four-year period. The initial terms of the two (2) additional children's services advisory board members provided for under Ordinance 94-28 shall expire on July 9, 1996 and July 9, 1997.

(3) All members of the advisory board shall be residents of Manatee County meeting the qualifications of an elector, except that the judicial position may be filled by the family law judge serving in Manatee County without regard to residency.

(4) Members shall be eligible for reappointment for successive terms without limitation. (5) The county may remove any member who, without reasonable excuse, fails to attend

three (3) consecutive meetings. (6) Members may be removed without cause by a majority plus one vote of the board of

county commissioners when it is determined that it is necessary and in the best interest of the county and the efficient functioning of the advisory committee to remove such members. The advisory board may recommend removal of a member to the county based upon an affirmative vote of eight (8) members of the advisory board.

(7) Any member who has been selected based upon serving in a representative capacity for an entity or agency who resigns or is no longer affiliated with such entity or agency shall provide notice to the board of county commissioners of a change in the member's status. Taking into consideration the work of the advisory board and the activities and proceedings schedule by the advisory board, the county may ask such representative to continue until an orderly transition may be arranged and at such time as the county deems to be in the best interest of the advisory board or the county may declare the position vacant and fill the vacancy by appointment as soon as reasonably possible. Such appointment shall be for the unexpired term of the vacated office.

(8) If any member of the advisory board is removed, dies or becomes disqualified, the position shall be deemed vacant and such vacancy shall be filled by appointment of the county. Any such appointment shall be for the unexpired term of the vacated position.

(c) Rules and procedures. (1) The advisory board shall hold meetings as needed to fulfill its duties, but the advisory

board shall hold at least four (4) meetings each year. (2) A majority of the active members of the advisory board shall constitute a quorum. (3) All meetings shall be open to the public. (4) Formal recommendations of the advisory board to the county commissioners shall be

based upon the vote of not less than a majority of a quorum present and voting. (5) The advisory board shall have the authority to elect such officers, including a chairperson

and a vice-chairperson, and promulgate such internal procedures and rules as may be necessary to conduct the business and affairs of the advisory board, which shall not be


in conflict with the general law, this article or procedures and policies established by the board of county commissioners.

(6) Every member of the advisory board shall be required to disclose any employment with or position as an officer or director of any entity applying for or receiving funds from the millage dedicated to children's services.

(7) Members of the advisory board will disclose, in the manner provided by F.S. § 112.3143, the affiliation of the member or the member's spouse with any organization applying through the advisory board for funding, which shall be limited to any membership or affiliation within the last calendar year.

(8) No member of the advisory board shall incur any expenditures chargeable to the county without the prior written approval of the director.

(d) Powers and duties. The advisory board shall have the power and duty to make recommendations to the county regarding the expenditure of the dedicated millage, to consult with agencies dedicated to the welfare of children to the end that the overlapping of services will be prevented; and such other duties as may from time to time be assigned by ordinance or resolution of the board of county commissioners. In order to accomplish those purposes, subject to policies and procedures established by the

county, the children's services advisory board shall have in addition to the powers, duties and authority assigned elsewhere in this article, the authority to:

(1) Make independent investigations and gather data pertaining to the needs of children and ways of meeting those needs including those services designed to preserve the unity and integrity of the family and parental relationships.

(2) Consider and recommend innovative and creative programs required to effectuate the intent of the children's services referendum.

(3) Make recommendations to the board of county commissioners with respect to modification of programs.

(4) Develop and recommend monitoring and evaluation procedures and methods for providing accountability and guidelines to assure that the dedicated millage is appropriately used.

(5) Make recommendations and investigations to assure that the dedicated millage is allocated wisely and used effectively.

(6) Collect data pertaining to other sources of funding available for children's services. (7) Identify and make recommendations to the county to clarify and define services for children as

contemplated by Resolution R-90-169.

(Ord. No. 91-42, § 6, 7-9-91; Ord. No. 94-28, § 1, 6-14-94; Ord. No. 99-30, § 1, 4-6-99)

Sec. 2-2-257. - Needs assessment; establishment of funding priorities.

(a) The advisory board shall submit to the board of county commissioners by January 30 of each year an annual report which will be made available to the public and include a plan for children's services. For fiscal year 1991-92, the plan shall be submitted as soon as reasonably possible. The plan shall include a needs assessment indicating the advisory board's determination of the needs of children indicating the most serious problems affecting or with a high degree of potential for harm to individual children as well as Manatee County's most serious problems by apparent number of children affected. The plan will also identify the advisory board's preliminary determination of the nature and types of programs and services that should receive funding from the dedicated millage. In developing the plan for children's services the advisory board shall solicit such reports,

data and materials from local, state or national agencies, both public and private, in an effort to


avoid duplication of work, expedite the work of the advisory board and confirm or rebut the findings of such agencies. The advisory board may conduct such hearings and provide for investigations including but not limited to surveys and interviews of experts, professionals, agencies and individuals, including children and parents, as may be necessary and practical to develop the plan for children's services.

The advisory board shall include in its investigations the collection of information and data pertinent to the problems of families in need of services and the methods to the procedures for implementing plans of services designed to preserve to the highest extent appropriate and feasible the integrity of the family unit including those procedures and strategies that distinguish the problems of truants, runaways and children beyond the control of their parents from programs and services designed to meet the needs of abandoned, abused and neglected children.

(Ord. No. 91-42, § 7, 7-9-91)

Sec. 2-2-258. - Procedures for allocation of funds.

(a) Announcement of plan. As soon as reasonably possible after submission of the advisory board's report and plan for children's services, the county shall approve or modify the plan and announce the availability of funding for the upcoming fiscal year. The announcement will include a description of services and programs recommended for funding from the dedicated millage. The announcement will include information pertaining to funding applications, rules and procedures pertaining to the award of funds and applicable dates for submission of applications and all details pertinent thereto.

(b) Funding request evaluation. Evaluations of agencies submitting funding applications shall include, but not be limited to, site visits, interviews, and application review. Applications received will be assessed on the basis of specified criteria and will include, but

not be limited to, the following items: (1) Organization's capability. The qualifications and experience of the applicant in providing

quality human services and the agency's financial capability. (2) Need for service. Appropriate goals and objectives in response to the advertisement of

funding availability. (3) Soundness of methodology. The goal and objectives, description of services with

timeline and documented coordination with other service providers. (4) Evaluation. The program's process and outcome objectives, data collection system and

evaluation design. (5) Cost effectiveness. The proportion of budget applied to direct services, funds from other

sources, funds requested, current and projected long range efficiency. (6) Children and families served. The extent to which the application addresses services to

meet identified needs of the target population. (7) Neighborhood-based initiatives. The extent and degree to which the application focuses

on a local area or neighborhood. (8) Response to a specified strategy. The applicant's identification of and appropriate

response to a specified primary strategy. (9) Application. The relative completeness, clarity and conciseness of the response to all

required items in the funding announcement and application. (10) Applications shall address the level of service provided in 1990-91 by the agency or any

other agency for the specific program or service. If the application is for the purpose of expanding or providing additional services, the sources and amount of funding provided in 1990-91 and subsequent years shall be identified. If the application is for the purpose


of establishing new programs or services, detailed information pertaining to the manner in which such new programs or services may be distinguished shall be included.

(c) Funding recommendation. Recommendations for funding, once approved by the children's services advisory board, will be presented to the board of county commissioners by the chairman of the children's services advisory board or his/her designee. This report shall be written or verbal, as requested by the board of county commissioners, presented no later than September 30 of each year except that for fiscal year 1991-92, as soon as reasonably possible, which date or dates shall be established in the announcement provided for in subsection (a) above. The recommendation will include a description of current children's services in Manatee

County; an assessment of how current services are fulfilling the needs of the children in Manatee County; the advisory board's analysis and conclusions with respect to compliance with the requirement that the dedicated millage be used to fund additional services and programs and not to replace or supplant existing funding; and a recommended budget and funding levels for children's services for the next fiscal year. (d) Program follow-up. The children's services advisory board or its designee shall review and

make recommendations pertaining to the funding application, and request for proposals, the funding agreements and the development of the monitoring and evaluation procedure which shall be prepared by the department. The children's services advisory board shall be apprised of all reports as a result of monitoring

programs implemented by the department pursuant to this article. (Ord. No. 91-42, § 8, 7-9-91)

Sec. 2-2-259. - Final recommendations and final determinations.

The commission shall, during the hearings and proceedings required for adoption of the county's annual budget, make final determinations with respect to the allocation of the dedicated millage. Any additional programs funded after adoption of the county's budget shall be approved only after notice and public hearing conducted in the manner required for the adoption of county's ordinances.

The specific allocation of funds authorized by inclusion in the county's official budget adopted prior to the commencement of each fiscal year or any subsequent amendment to the budget shall not establish a right, entitlement or benefit to any individual or agency. Disbursement of the dedicated millage shall be only in accordance with agreements, rules and procedures as may be adopted and otherwise authorized by the county.

If any portion of the dedicated millage is provided to an agency to reimburse the agency for all or a portion of the cost of providing a program or services then this article and any agreement with such agency shall provide that all financial, business and membership records pertaining to such agency, except such records which are confidential pursuant to the laws of Florida, shall be open and available to the county for audit and inspection and such agency may be required to provide audited financial statements pursuant to a grant or funding agreement with the county.

(Ord. No. 91-42, § 9, 7-9-91)

Footnotes:

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Editor's note—Ord. No. 91-42, §§ 1—9, adopted July 9, 1991, did not specifically amend the Code; hence, its inclusion herein as Art. IX, §§ 2-2-251—2-2-259 was at the discretion of the editor.

FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS

WHO MUST FILE FORM 88

This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council , commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of inter