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Item U4 ~-0e-02 17,15 FROM,HONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 1/3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of Interlocal Agreement Amendment with Islamorada, Village of Islands ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: This is an amendment to an Interfocal Agreement approved May, 2001. The amendment allows for reimbursement for growth management projects performed by the Village in an amount up to $480,571, dating back to effective date of incorporation. The Agreement, as previously written, required COunty to undertake growth management projects on Village's behalf. CONTRACT I AGREEMENT CHANGES: See above. STAFF RECOMMENDAnONS: Approval. TOTAL COST: BUDGETED: Yes 0 No u COST TO COUNTY: APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management ~ DIVISION DIRECTOR APPROVAL: ~~ T ERIK DOCUMENTATION: Included L To Follow Not Required 0 AGENDA ITEM" UL/ , R-08-02 17,16 FROH,HONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 2/3 INnRLOCAL AGREEMENT AMENDMENT ISLAMORADA, VILLAGE OF ISLANDS and MONIlOE COUNTY This Interlocal Agreement Amendment is entered by and between rSLAMORADA, VILLAGE OF ISLANDS, a Aorida 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 10, 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 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 performed by the Village up to the amount of $480,571; now, therefore IN CONSIDERATION of the mutual consideration and covenants set forth below, the parties agree as follows: Section 1. Original Agreement subparagraph 4.1 is hereby amended to read as follOWS: 4. Plannina. 4.1 The VILLAGE and the COUNlY 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 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 pr-ojects 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, 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. It either the Director or Clerk determine that a Village invoice Is inadequate, then the Director or APR-08-02 17,16 FROH,HONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 3/3 Clerk must return the invoice to the Village together with a written explanation of the deficiency. All Village finandal records pertaining to growth management projects 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, 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 performed by the Village from the effective date of incorporation. Section 2. This interloeal 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year indicated below. (SEAL) ArrEST: DANNY l. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Cieri< Mayor/Chairman (SEAL) Attest: VILLAGE CLERK ISLAMORAOA, VILLAGE OF ISLANDS By Mayor jdiaVOIGM ~~V'S(:b BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of Interlocal Agreement Amendment with Islamorada, Village of Islands ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: This is an amendment to an Interlocal Agreement approved May, 2001. The amendment allows for reimbursement for growth management projects performed by the Village in an amount up to $480,571, dating back to effective date of incorporation. The Agreement, as previously written, required County to undertake growth management projects on Village's behalf. CONTRACT I AGREEMENT CHANGES: See above. STAFF RECOMMENDAnONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL: ~~ T ERIK DOCUMENTAnON: Included 0 To Follow Not Required 0 AGENDA ITEM # u4 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 Village up to the amount of $480,571; now, therefore IN CONSIDERATION of the mutual consideration and covenants set forth below, the parties agree as follows: Section 1. Original Agreement subparagraph 4.1 is hereby amended to read as follows: 4. Plannina. 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 ... 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year indicated below. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (SEAL) Attest: VILLAGE CLERK ISLAMORADA, VILLAGE OF ISLANDS By By AP Mayor AN PROVED AS TO FORM Al cv B . ROBERT N. 0 DATEq- <<-0 'Z... jdiaVOlGM