2nd Amendment 04/17/2002
Gleltl oIllIe
Circul COUIt
Danny L. Kolhage
Phone: 292-3650 Fax: 295-3663
Memorandum
To:
Tim McGarry, Director
Growth Management Division
From:
Isabel C. DeSantis, . _ 1/
Deputy Clerk Y
Date:
Monday, May 06, 2002
At the BOCC meeting of April 17, 2002, the Board granted approval and
authorized execution of an Interlocal Agreement Amendment between Monroe County
and Islamorada, Village ofIslands allowing for reimbursement for Growth Management
Projects performed by the Village in an amount up to $480,571 dating back to effective
date of incorporation.
Attached hereto is a duplicate original of the subject document for your
handling. Should you have any questions concerning the above, please do not hesitate
to contact this office.
cc: County Attorney
Finance
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INTERLOCAL AGREEMENT AMENDMENT
ISLAMORADA, VILLAGE OF ISLANDS and MONROE COUNTY
This Interlocal Agreement Amendment is entered by and between ISLAMORADA, VILLAGE OF
ISLANDS, a Florida municipal corporation (Village), whose address is P.O. Box 568, Islamorada, FL
33036 and MONROE COUNTY, a political subdivision of the State of Florida (County) whose address
is Gato Building, 1100 Simonton Street, Key West, FL 33040. The interlocal agreement amended is
between the parties and dated May 17, 2001, as amended effective January 23, 2002, (Original
Agreement). A copy of the Original Agreement is attached to this amendment.
WHEREAS, subparagraph 4.1, the County agrees to perform growth management projects
and services for the Village up to a value of $480,571;
WHEREAS, the parties agree that such an arrangement is impractical for both and that the
County should reimburse the Village for growth management projects and services performed by the
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Village up to the amount of $480,571; now, therefore ~ CJ ~ 2:!
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IN CONSIDERATION of the mutual consideration and covenants set forth ~ th~artlES
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Original Agreement subparagraph 4.1 is hereby amended to r@l5 fofffiws:~
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agree as follows:
Section 1.
4.
4.1 The VILLAGE and the COUNTY agree that the COUNTY collected $480,571 in growth
management funds from within the municipal boundaries of the VILLAGE prior to incorporation for
growth management projects and services which were not provided to the VILLAGE. In its capacity
as the governing body of the Monroe County General Purpose Municipal Service Taxing Unit, the
Board of County Commissioners of Monroe County agrees to reimburse the VILLAGE an amount not
to exceed $480,571 for growth management projects and services performed by the Village. In
order to be reimbursed, the Village must submit an invoice, in a form satisfactory to the County's
Director of Growth Management (Director) and the Clerk of the Circuit Court (Clerk), to the Director
for approval. If the Director determines that the reimbursement requested is for a growth
management project or service, and that the invoice contains sufficient detail, he shall approve the
invoice and forward it to the Clerk for payment. If the Clerk agrees with the Director's
determination, he shall promptly pay the invoice. If either the Director or Clerk determine that a
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Village invoice is inadequate, then the Director or Clerk must return the invoice to the Village
together with a written explanation of the deficiency. All Village financial records pertaining to
growth management projects and services for which reimbursement is sought pursuant to this
subparagraph must be kept according to generally accepted governmental accounting principles and
retained for a period of no less than three years from the date of this amendment. Such records
must be made available to an auditor employed by the Clerk during Village business hours. If an
auditor employed by the Clerk determines that an amount or amounts paid pursuant to this
subparagraph were not in reimbursement for a Village growth management project or service, then
the Village must promptly repay such amount(s) to the County together with interest, calculated
pursuant to Sec. 55.03, FS, running from the date the payment was made. Reimbursement is
available pursuant to this subparagraph for growth management projects and services performed by
the Village from the effective date of incorporation.
Section 2.
This interlocal agreement amendment is effective nunc pro tunc to May 17,
2001.
Section 3.
Except as provided in this amendment, in all other respects the interlocal
agreement between the parties dated May 17, 2001, as amended effective January 23, 2002,
remains in full force and effect.
Section 4.
This interlocal agreement amendment will take effect after being executed by
the parties and duplicate originals are filed with both the Clerk of the Circuit Court and the Village
Clerk.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN FLORIDA
By
(SEAL)
Attest: VILLAGE CLERK
ISLAMORADA, VILLAGE OF ISLANDS
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