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HomeMy WebLinkAbout2023-262AINTERLOCAL AGREEMENT FISCAL AGENT SERVICES FOR THE STATE ATTORNEY'S VICTIM SERVICE DEPARTMENT THIS IS AN INTERLOCAL AGREEMENT ("Agreement") by and between the STATE ATTORNEY FOR THE 19TH JUDICIAL CIRCUIT ("SA") and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties") (the SA and the Counties will be collectively referred to as the "Parties"), for the purpose of providing fiscal agent services for the SA's Victim Service Department ("VSD"). WHEREAS, Section 163.01, Florida Statutes, provides that public agencies may cooperate by agreement to provide necessary and essential public services; and WHEREAS, the purpose of Section 163.01, Florida Statutes, is to permit public agencies to make the most efficient use of their powers by cooperating with other public agencies for their mutual benefit; and WHEREAS, the Counties currently fund the SA VSD and the VSD also receives grants from the Florida Council Against Sexual Violence; and WHEREAS, the SA cannot serve as the fiscal agent for grants that the SA receives; and WHEREAS, Indian River State College currently provides fiscal agent services to the VSD but has indicated that the College will be unable to provide those services to the VSD due to a change in accounting systems; and WHEREAS, the Parties desire that St. Lucie County ("St. Lucie") provide fiscal agent services to the SA for the VSD. WHEREAS, St. Lucie is willing to serve as the fiscal agent for the SA VSD in accordance with the terms set out below; and WHEREAS, the Parties have determined that it is in the best interest of the health, safety, and welfare of the citizens of the Counties to allow St. Lucie to provide fiscal agent services to the SA VSD. NOW THEREFORE, in consideration of the mutual advantages afforded to the Parties, the Counties, and the SA agree as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Fla. Stat., the Florida Interlocal Cooperation Act. 2. Recitals. These Parties adopt and ratify those matters set forth in the foregoing recitals. 3120240014207 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT 1 INDIAN RIVER COUNTY FL BK: 3686 PG: 1322 Page 1 of 8 3/27/2024 1:16 PM 3. Fiscal Agent Responsibilities. Effective December 15, 2023, St. Lucie agrees to: • Be the fiscal agent for VSD for any grants that VSD receives • Administer the VSD budget including funds received for the Counties and any grants • Review and authorize requests for payments to vendors subject to compliance with St. Lucie purchasing procedures • Process purchase orders submitted by VSD subject to compliance with St. Lucie purchasing procedures • Provide one St. Lucie Purchasing Card to VSD, the use of which must comply with St. Lucie purchasing procedures For purposes of clarity, the provision of fiscal agent services does not include: • Payroll — VSD payroll will be processed through the SA's payroll system and St. Lucie will be invoiced monthly with funding to come from the Counties' budgets and/or the grants budgets • Office space or maintenance of space • IT services • Asset management — no capital expenditures are expected 4. Term; Termination. This Agreement shall continue in effect from December 15, 2023, until terminated by any party upon no less than sixty (60) days written notice to the other parties. 5. Miscellaneous Provision a. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. b. This Agreement shall be binding on the Parties hereto, their successor and assigns when permitted. c. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. d. This Agreement shall be filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to its effectiveness. 2 e. The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County, and St. Lucie County, Florida. 6. NOTICE. All notices or communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: IF TO STATE ATTORNEY: State Attorney for 19th Judicial Circuit 411S.2 nd Street Fort Pierce, Florida 34950 IF TO COUNTIES: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Indian River County Administrator 180127th Street, Building A Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Administrator 304 Northwest Second Street Okeechobee, Florida 34972 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officials on the dates stated below. 3 ATTEST: (SEAL) 4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, •�phSMISSj�• Date: January 23. 2024 APPROVED AS TO FORM AND CORRECTNESS: County Attorney r_%a1*lin BOARD PF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA BY: Carolyn Timmann, Clerk of the Circuit Court H old E. Jenkins I, Chairman and_Cgmptroller �, ��'•. (SEAT) .. Date: 1,2 - / I — j APPROVED AS TO FORM AND LEGAL SUFFICIENCY: o5zcct�c CJ. CJova Sarah W. Woods, County Attorney WITNESS: (::7 At�uwr"a- M InoM, Notary Public (and Seal) '* TIAUNAM.WOOD 5" A Commission # HH 128674 Expires June 13, 2025 Bonded Tft Troy Fain Insurance 800385-701 9 STATE ATTORNEY FLORIDA-,---) 7 CIRCUIT, Date: I I aj 13) a 3 ATTEST: Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA COMM/SS ® Chair,,A and of County Com i ioners * r co Wo-* o Date: a 1 1-d� APPROVED AS TO FORM AND CORRECTNESS: ,N County Attor ATTEST: (SEAL) BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA BY: C ir, oa y Commissioners Date: � a, 1 12 J U2-✓ APPROVED AS TO FORM AND CORRECTNESS: County Attorney