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Agenda 04/26/2011 Item #16J1 . . . 4/26/2011 Item 16.J.1. Executive Summary Recommendation that the Board authorize the Chairman to sign Amendment Two with clarifying language to the Interlocal Agreement between the Board of County Commissioners and the Clerk of the Circuit Court for Collier County, Florida. OBJECTIVE: Amendment Two includes clarifying language to define the approved funding was a proration of eight months of the twelve months for the period from February 1, 2011 through September 30, 2011. CONSIDERATIONS: On January 25, 2011, the Board approved Amendment One to the Interlocal Agreement for services. The executive summary clearly laid out the amount of $263,300 as the proration of eight months from the total $394,950 twelve month cost for Internal Audit. The amendment document however included only the amount without reference to the period of service or proration. FISCAL IMPACT: There is no fiscal impact as this executive summary isto add clarifying language regarding the time period covered in Amendment One. LEGAL CONSIDERATIONS: This proposed amendment is intended to clarify and supercede Amendment No.1, contains no substantively difference with Amendment No.1 (which the Board previously approved), is legally sufficent for Board action, and requires majority support for 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 Two with clarifying language to the Interlocal Agreement betwe.en the Board of County Commissioners and the Clerk of the Circuit Court for Collier County, Florida. PREPARED BY: Crystal K. Kinzel, Director of Finance and Accounting, Clerk of the Circuit Court Packet Page -1320- . . . 4/26/2011 Item 16.J.1. CONTRACT AMENDMENT #2 AMENDMENT #2 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 April 12, 2011 to the Interlocal Agreement dated July 27, 2010, as amended January 25, 2011, 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: This amendment is for the period February 1, 2011 through September 30, 2011. This amount is eight months proration of the annual cost of $394,950. Audit Services: Personal Services Operating Expenses Capital Outlay $253,800 6,500 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: April 12, 2011 CLERK: COUNTY: By: Dwight E. Brock, Clerk of the Circuit Court By: Fred Coyle, Chairman A lTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Packet Page -1321- . , Deputy Clerk . . Scott R. Teach Deputy County Attorney Packet Page -1322- 4/26/2011 Item 16.J.1. 4/26/2011 Item 16.J.1. . COLLIER COUNTY Board of County Commissioners Item Number: 16.J.1. Item Summary: Recommendation that the Board authorize the Chairman to sign Amendment Two with clarifying language to the Interlocal Agreement between the Board of County Commissioners and the Clerk of the Circuit Court for Collier County, Florida. Meeting Date: 4/12/2011 Prepared By Name: JohnssenDerek Title: VALUE MISSING 4/4/2011 1 :20:20 PM Submitted by . Title: VALUE MISSING Name: JohnssenDerek 4/4/20] 1 1:20:22 PM Approved By Name: KinzelCrystaI Date: 4/5/2011 10:36:28 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/5/2011 11:49:33 AM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 4/5/2011 1:27:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/5/2011 1:57:50 PM . Name: OchsLeo Packet Page -1323- . . . 4/26/2011 Item 16.J.1. Title: County Manager Date: 4/5/2011 2:47:11 PM Packet Page -1324- , . . 4/26/2011 Item 16.J.1. 1/ L':JI LUll Item lL.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 FYII 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 3D, 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 Soard 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 Interlocal 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 PacketPage-1325- PaCKet Page -477- tit . . 4/26/2011 Item 16.J.1. J../,::J/,U J..J.. I U:~ff1 l.L.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 ofthe 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 -1326- h:JeKel: t'age -q-ns-