Agenda 12/13/2016 Item #10D 10.D
12/13/2016
EXECUTIVE SUMMARY
Request that the Board of County Commissioners (Board) enter into a Memorandum of
Understanding with the Clerk of the Circuit Court and Comptroller.
OBJECTIVE: To further a collaborative working relationship between the Board and the Clerk
of the Circuit Court.
CONSIDERATIONS: The attached Memorandum of Understanding (MOU) is presented for
the Board's review and approval.
FISCAL IMPACT: The provisions of the MOU include an agreement to not spend taxpayer
funds for outside counsel regarding litigation between the Clerk and the Board.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. There is
an existing Interlocal Agreement between the parties. This MOU would be a supplement to this
Agreement. In the event of any conflicts between this MOU and the Agreement, the terms of the
Agreement would control. With that noted, this item is approved as to form and legality, and
requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATION: That the Board of County Commissioners approve the recommended
Memorandum of Understanding between the Board and the Clerk of the Circuit Court and
Comptroller.
PREPARED BY: Burt L. Saunders, Esq. County Commissioner District 3 in conjunction
with Dwight E. Brock, Clerk of the Circuit Court and Comptroller.
ATTACHMENT(S)
1. MEMORANDUM OF UNDERSTANDING Payments Dec 13 2016 (DOCX)
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10.D
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.D
Item Summary: Request that the Board of County Commissioners (Board) enter into a
Memorandum of Understanding with the Clerk of the Circuit Court and Comptroller.
Meeting Date: 12/13/2016
Prepared by:
Title: —Board of County Commissioners
Name: Dave Lykins
12/05/2016 3:25 PM
Submitted by:
Title: —Board of County Commissioners
Name: Burt Saunders
12/05/2016 3:25 PM
Approved By:
Review:
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/06/2016 8:55 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/06/2016 2:51 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/07/2016 7:48 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/07/2016 4:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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10.D.1
MEMORANDUM OF UNDERSTANDING:
Between '.,
The Collier County Board of County Commissioners
and
The Collier County Clerk of the Circuit Court and Comptroller,Dwight E.
Brock
This Memorandum of Understanding is entered into between the Collier County Board of -o
County Commissioners (Board), acting in all of their capacities as a Board(s) and
the Clerk of the Circuit Court and Comptroller, Dwight E. Brock (Clerk).
I.Purpose
°
The purpose of this Memorandum of Understanding is to outline an operational process for
cooperation and consideration between the parties to avoid litigation and create an environment m
of collaboration between the Board and the Clerk.
II. The Clerk Agrees: -0
A. To work with the Board to resolve issues concerning Clerk processes to avoid 2
litigation;
B. To provide the Board information regarding processes, transactions and operations N
to streamline processes and facilitate County functions that are impacted by the
operation of the Clerk;
C. To work with the Board to resolve audit findings and/or potential audit findings to
reduce the risk and/or likelihood of Audit comments in the Financial statements;
D. To communicate to the Board issues and/or concerns impacting county government;
and
E. To not spend taxpayer funding for outside counsel regarding litigation between the
Clerk and the Board.
°
D..
III. The Board Agrees:
A. To work with the Clerk to resolve issues concerning County processes in order to
avoid litigation;
B. To provide the Clerk information regarding processes, transactions
and operations to streamline processes and facilitate Clerk
functions; z
C. To work with the Clerk to resolve audit findings and/or potential audit findings to u_
reduce the risk and/or likelihood of Audit comments in the Financial statements;and O
D. To appoint a Commissioner to act as Liaison with the Clerk's Office.
IV. Process agreement:
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A. The Clerk's Office will audit invoices as presented for payment
B. The Clerk's Office will return to departments any questions/findings for resolution
to pay
C. Designated County staff will provide the Clerk resolution within 5 days regarding E
the issue.
D. If resolution is not provided within 5 days, the Clerk's Office will refer the item to
the County Liaison.
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10.D.1 .'
E. If the item cannot be resolved through the Liaison the Board and the Clerk will
enter into mediation within a reasonable amount of time.
Duration of Memorandum of Understanding
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°
This Memorandum of Understanding shall begin when signed by both parties and is in effect cj
for two years, and may be renewed thereafter by agreement of both parties. It is understood a)
that this agreement may be amended only upon the written agreement of both
parties.
a)
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In agreement with the provisions of this Memorandum of Understanding, the parties affix their signatures
in the spaces provided v
a)
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Donna Fiala, Chairperson Date O
Collier County Board of County Commissioners
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CD
Dwight E. Brock Date
Collier County Clerk of the Circuit Court and Comptroller `,'
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ATTEST:
DWIGHT E.BROCK,CLERKa.
By: Z
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Approved as to form and legality
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County Attorney
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