Agenda 01/10/2017 Item #10A 10.A
01/10/2017
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) was presented for the
Board's review and approval on December 13, 2016. The MOU was discussed with unanimous Board
direction to resubmit the item for approval on the January 10, 2017 meeting.
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 Jan 10 2017 (DOCX)
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10.A
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: ***This item continued from the December 13, 2016 BCC Meeting.*** Request
that the Board of County Commissioners (Board) enter into a Memorandum of Understanding with the
Clerk of the Circuit Court and Comptroller. (Commissioner Saunders)
Meeting Date: 01/10/2017
Prepared by:
Title:—Board of County Commissioners
Name: Dave Lykins
01/03/2017 11:37 AM
Submitted by:
Title:—Board of County Commissioners
Name: Burt Saunders
01/03/2017 11:37 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/03/2017 11:46 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 01/04/2017 10:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attomey's Office Review Completed 01/04/2017 2:44 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/04/2017 3:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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10.A.a
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 °
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This Memorandum of Understanding is entered into between the Collier County Board of
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).
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I.Purpose -a
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The purpose of this Memorandum of Understanding is to outline an operational process for 0
cooperation and consideration between the parties to avoid litigation and create an environment 00
of collaboration between the Board and the Clerk. d
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II. The Clerk Agrees: n
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A. To work with the Board to resolve issues concerning Clerk processes to avoid
litigation; ''
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B. To provide the Board information regarding processes, transactions and operations
to streamline processes and facilitate County functions that are impacted by the CN1
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. C)
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III. The Board Agrees: 0
A. To work with the Clerk to resolve issues concerning County processes in order to
avoid litigation; cn
B. To provide the Clerk information regarding processes, transactions
and operations to streamline processes and facilitate Clerk w
functions;
C. To work with the Clerk to resolve audit findings and/or potential audit findings to
reduce the risk and/or likelihood of Audit comments in the Financial statements; and
D. To appoint a Commissioner to act as Liaison with the Clerk's Office.
E. To not spend taxpayer funding for outside counsel regarding litigation between the
Clerk and the Board. cc
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IV. Process agreement: Li]
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
the issue.
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10.A.a
D. If resolution is not provided within 5 days,the Clerk's Office will refer the item to
the County Liaison.
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 U
a)
This Memorandum of Understanding shall begin when signed by both parties and is in effect
for two years, and may be renewed thereafter by agreement of both parties. It is understood
that this agreement may be amended only upon the written agreement of both
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parties. -a
In agreement with the provisions of this Memorandum of Understanding, the parties affix their signatures
in the spaces provided
a)
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Donna Fiala, Chairperson Date co
Collier County Board of County Commissioners N
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Dwight E. Brock Date
Collier County Clerk of the Circuit Court and Comptroller -`c
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ATTEST: 0
DWIGHT E.BROCK,CLERK
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Approved as to form and legality p
County Attorney
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