1st Amendment 10/18/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 8, 2006
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy Peters
Executive Assistant
Pamela G. Hanc~~
Deputy Clerk 'CY .
FROM:
At the September 20,2006, Board of County Commissioner's (BOCC) meeting the Board
granted approval and authorized execution of the following:
Interlocal Agreement (ILA) between the Board of County Commissioners and the Florida
Keys Aqueduct Authority for the Summerland/CudjoelUpper Sugarloaf Regional wastewater
project. Enclosed are two duplicate originals for yourhandling.
Interlocal Agreement (ILA) between the Board of County Commissioners and the Florida
Keys Aqueduct Authority for the Conch Key/Duck Key Regional wastewater project. Enclosed
are two duplicate originals for your handling.
/At the October 18, 2006, BOCC meeting the Board granted approval and authorized
execution of a First Amendment to Interlocal Agreement between Monroe County and the City of
Key West regarding municipal prosecution services to change the compensation from $2,500
quarterly to $100 per case; and compensation evaluation from semi-annual to once a year in July.
Enclosed are two dupicate originalsfor your handling.
At the November 1, 2006, BOCC meeting the Board adopted Resolution No. 518-2006
renouncing and disclaiming andy right of the County and the public in and to a portion of First
Avenue, Stock Island, as recorded in Plat Book I, at Page 55 of the Public Records of Monroe
County, Florida and which was previously closed to the public access pursuant to Resolution No.
279-1988. Enclosed is a certified copy of the subject Resolution for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Public: Works - Resolution 518
Finance - wlo Resolution 518
File
First Amendment to Interlocal Agreement
Providing for the Criminal Prosecution of Ordinances of the City of Key West
By the Monroe County Attorney's Office
WHEREAS, the City of Key West (hereinafter the "City") and the Board of County
Commissioners of Monroe County (hereinafter the "County") entered into an Interlocal
Agreement in 2004, which authorized the County Attorney's office to appear in Court on
behalf of the City as its municipal prosecutor; and
WHEREAS, paragraph 6 of that Interlocal Agreement provides for the periodic
review of the compensation provision in that agreement and adjustment thereto; and
WHEREAS, since the inception of the agreement, the County Attorney's office
has prosecuted approximately twice the number of cases each quarter than had initially
been estimated; and
WHEREAS, for purposes of clarity, other minor amendments are desirable to
further effectuate the intent of the parties;
NOW, THEREFORE, the City and County agree as follows:
1. This amendment to the Interlocal Agreement entered into between the
City of Key West (hereinafter the "City") and the Board of County Commissioners of
Monroe County, Florida (hereinafter the "County") in 2004, which provides for the
prosecution of certain City Ordinances by the County Attorney's office in County Court
shall only amend the specific provisions set forth herein; in all other respects, the
original IntE~rlocal Agreement shall continue to be binding and in full force and effect.
2.
follows:
Paragraph 4 of the Interlocal Agreement shall be amended to read as
(4) The City agrees to pay the County a flat fee of $100.00 per case for
representation provided by the municipal prosecutors except as provided
below. In addition to the aforementioned flat fee,
a. the City will pay the County an hourly rate of $100.00 for any case
requiring an appearance in court by a municipal prosecutor for any
reason other than first appearance, arraignment, docket sounding;
jail plea day; and/or initial hearings for violations of probation. This
hourly rate will also apply to time spent preparing for such an
appearance;
b. the City agrees to reimburse the County for all costs incurred by the
County in prosecution of City ordinances, including but not limited
to witness travel and lodging costs, witness appearance fees,
expert witness fees, court reporter costs, and subpoena costs;
c. the City will pay all filing fees due to the Clerk of Court by the City;
and
d. the County will bill the City quarterly for the services rendered
during the prior quarter. The City will pay the County the amount
reflected in the quarterly invoices in a timely manner unless other
arrangements are made by the City Attorney and the County
Attorney.
3. Paragraph 6 of the Interlocal Agreement shall be amended to read as
follows:
(6) The parties agree to reexamine the above-stated compensation every
July and agree to negotiate in good faith to adjust the reimbursement
rates if necessary.
4. This amendment shall become official upon the execution by the second
Mayor to sign the agreement and shall be effective nunc pro tunc to July
1, 2004.
In witness whereof, the parties have made this agreement on the latter of the dates set
forth below.
Board of County Commissioners
of Moo,". 9T Florida
Charles "Sonny" McCoy, Mayos 0
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Attest:
City of Key West
, Mayor
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DannYf-.,Kolhage
Clerk oh~Court
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- De uty Clerk
Date:
OCT 1 8 2006
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