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Agenda 01/25/2011 Item #12A . . . 1/25/2011 Item 12.A. Executive Summary Recommendation to amend the Interlocal Agreement with the Clerk of the Circuit Court to Include audit services in the defined scope of services to be provided and to provide funding for these services for the remainder of FY11 in the amount of $263,300. OBJECTIVE: To amend the Interlocal Agreement with the Clerk of the Circuit Court to include audit services in the defined scope of services and to obtain funding for the audit department. CONSIDERATIONS: On July 27, 2010, the Board and the Clerk entered into an Interlocal agreement for services. $394,950 had been removed from the originally submitted Inter/ocal Agreement based upon discussions with the County Manager regarding litigation. The DCA had ruled in favor of the Clerk's audit authority on September 23, 2009, however the County had pursued a Supreme Court Ruling that was pending. The signed agreement did not include services or funding for the audit function of the Clerk due to pending litigation regarding the Clerk's ability to audit. On November 10, 2010 the Supreme Court of Florida reaffirmed the right of the Clerk of Courts to audit County funds. FISCAL IMPACT: Additional funds are requested for the period February 1 through September 30, 2011 in the amount of $263,300. This is a prorated amount for services as outlined in Amendment One (attached) to the Interlocal agreement and contemplates 4 FTE's as previously existed. Full funding, pursuant to terms of the agreement for fiscal year 2012 will be submitted as part of the Clerk's information provided to the Board on May 1, 2011. Funds are available from $1,393,543.42 returned to the Board by the Clerk for FY2010. lEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a simple majority approval. - JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board authorize the Chairman to sign Amendment One to the Inter/ocal Agreement between the Board of County Commissioners and the Clerk of the Circuit Court for Collier County, Florida, and approve a budget amendment in the amount of $263,300 for funding of audit services. PREPARED BY: Crystal K. Kinzel, Director of Finance and Accounting, Clerk of the Circuit Court Packet Page -477- . 1/25/2011 Item 12.A. CONTRACT AMENDMENT #1 AMENDMENT #1 TO INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE CLERK OF THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA This amendment, dated January 25, 2011 to the Interlocal Agreement dated July 27, 2010, shall be by and between the Board of County Commissioners of Collier County, Florida (BOARD) and the Clerk of the Circuit Court for Collier County, Florida (CLERK). Addition to Exhibit A: Scope of Services: The Clerk, serving as Auditor to the Board, shall perform auditing services as authorized by law. These services will include audits of cash, accounting controls, financial transactions and other reviews of financial information. Addition to Exhibit B: Proposed Cost for Services: Audit Services: Personal Services $253,800 Operating Expenses 6,500 Capital Outlay 3,000 $263,300 . All other terms and conditions of the agreement shall remain in force. . IN WITNESS WHEREOF, the BOARD and the CLERK have each, respectively, hereunder set their hands and seals on the date indicated below: Accepted: January 25, 2010 CLERK: COUNTY: By: Dwight E. Brock, Clerk of the Circuit Court By: Fred Coyle, Chairman ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Packet Page -478-