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Home My WebLink About2009-191B 2oug - i l l s 1/ 1, s �'( � 'Q 1 2056712 A S Oct, THIS DOCUMENT HAS BEA 45U RECORDED IN THE PUBLIC RECORDS isoC OF INDIAN RIVER COUNTY FL M P v BK: 2409 PG :21336 Paget of e U) INTERLOCAL AGREEMENT °41o5rtolo at 09:40 AM, G GUARDIAN AD LITEM FUNDING N o1 JEFFREY K BARTON , CLERK OF COURT � CL . +C-4 CLO =6 1 = ' THIS IS AN AGREEMENT by and between GUARDIAN AD LITEM (" GAL ") , CLERK OF THE = p 24c: CIRCUIT COURT FOR ST . LUCIE COUNTY , FLORIDA (" Clerk " ) , and INDIAN RIVER COUNTY , "— `iz J MARTIN COUNTY , OKEECH08EE COUNTY , and ST . LUCIE COUNTY , political subdivisions of the N State of Florida that collectively constitute the 19'h Judicial Circuit (the " Counties " ) , for the purpose wof providing required services to Guardian Ad Litem , 0 WHEREAS , Section 29 .008 , Florida Statutes ( 2007) , provides that the counties within a Xc� „ �, ",nxo judicial circuit provide county funding for court related functions , including the staffing and offices c " m for the Guardian Ad Litem Program , and � _ + w H t � + ZEN ro 'o t � WHEREAS , the Counties intend to provide to the GAL additional funding; and m ; CD 0 : ccnn ui � 0 -o- �+ W WHEREAS , the GAL and the Counties desire to establish a procedure wherein funding for the N c�, a GAL Program is prorated by population among the Counties , � m F- c� m M T) N 4x C7 :C ALL ¢ In consideration of the mutual advantages accruing to the parties , the GAL , Clerk and the ;:0 C3 Counties agree as follows : on 4 = -. Zn = Section 1 . PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET , A . The GAL agrees to present a total unified budget for each fiscal year (October 1 - o September 30 ) by April 1 of each year beginning April 1 , 2009 , to each County respectively , Upon receipt of the budget , the budget shall be referred to a Court Administration Budget Committee , which v m shall be composed of one ( 1 ) representative and an alternate from each of the four (4 ) counties as of ^ S asiviiii appointed by each Board of County Commissioners , respectively . The members of the Committee shall ZsrvN review the proposed budget and may schedule meetings with the GAL to discuss the proposed budget . All meetings of the Committee are subject to the provisions of Section 286 . 011 , Florida Statutes . The sC= '� Committee may make recommendations to the four (4) Boards of County Commissioners as to whether -J � q =< to adopt , not adopt , or amend the proposed budget , The Committee shall complete its deliberations by C 10 June 1" of each year . 0 fss� LA 3 B . The proposed budget shall then be presented to each of the four (4 ) Boards of County Commissioners for consideration during the Boards' normal budgetary process . The proposed budget shall be subject to the approval of each of the four (4 ) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4 ) counties . In the event any of the four (4 ) Boards of County Commissioners determines to reduce the total unified budget as proposed , the Boards ) reducing the proposed budget shall amend the proposed total budget , adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7 ) days . The amended total budget , if reduced by one ( 1 ) or more of the counties , shall be deemed to be the approved budget by all four (4 ) counties . The Counties acknowledge that the effect JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT 5 \ ATTY \AGREEMNnINTERLOC\GAL Funding Final,wpd - 1 - SAINT LUCIE COUNTY FILE M 3454941031241201 Oat 03:26 PM OR BOOK 3181 PAGE 2295 - 2300 Doc Type: AGR RECORDING: $52 .50 2oug - i l l s 1/ 1, s �'( � 'Q 1 2056712 A S Oct, THIS DOCUMENT HAS BEA 45U RECORDED IN THE PUBLIC RECORDS isoC OF INDIAN RIVER COUNTY FL M P v BK: 2409 PG :21336 Paget of e U) INTERLOCAL AGREEMENT °41o5rtolo at 09:40 AM, G GUARDIAN AD LITEM FUNDING N o1 JEFFREY K BARTON , CLERK OF COURT � CL . +C-4 CLO =6 1 = ' THIS IS AN AGREEMENT by and between GUARDIAN AD LITEM (" GAL ") , CLERK OF THE = p 24c: CIRCUIT COURT FOR ST . LUCIE COUNTY , FLORIDA (" Clerk " ) , and INDIAN RIVER COUNTY , "— `iz J MARTIN COUNTY , OKEECH08EE COUNTY , and ST . LUCIE COUNTY , political subdivisions of the N State of Florida that collectively constitute the 19'h Judicial Circuit (the " Counties " ) , for the purpose wof providing required services to Guardian Ad Litem , 0 WHEREAS , Section 29 .008 , Florida Statutes ( 2007) , provides that the counties within a Xc� „ �, ",nxo judicial circuit provide county funding for court related functions , including the staffing and offices c " m for the Guardian Ad Litem Program , and � _ + w H t � + ZEN ro 'o t � WHEREAS , the Counties intend to provide to the GAL additional funding; and m ; CD 0 : ccnn ui � 0 -o- �+ W WHEREAS , the GAL and the Counties desire to establish a procedure wherein funding for the N c�, a GAL Program is prorated by population among the Counties , � m F- c� m M T) N 4x C7 :C ALL ¢ In consideration of the mutual advantages accruing to the parties , the GAL , Clerk and the ;:0 C3 Counties agree as follows : on 4 = -. Zn = Section 1 . PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET , A . The GAL agrees to present a total unified budget for each fiscal year (October 1 - o September 30 ) by April 1 of each year beginning April 1 , 2009 , to each County respectively , Upon receipt of the budget , the budget shall be referred to a Court Administration Budget Committee , which v m shall be composed of one ( 1 ) representative and an alternate from each of the four (4 ) counties as of ^ S asiviiii appointed by each Board of County Commissioners , respectively . The members of the Committee shall ZsrvN review the proposed budget and may schedule meetings with the GAL to discuss the proposed budget . All meetings of the Committee are subject to the provisions of Section 286 . 011 , Florida Statutes . The sC= '� Committee may make recommendations to the four (4) Boards of County Commissioners as to whether -J � q =< to adopt , not adopt , or amend the proposed budget , The Committee shall complete its deliberations by C 10 June 1" of each year . 0 fss� LA 3 B . The proposed budget shall then be presented to each of the four (4 ) Boards of County Commissioners for consideration during the Boards' normal budgetary process . The proposed budget shall be subject to the approval of each of the four (4 ) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4 ) counties . In the event any of the four (4 ) Boards of County Commissioners determines to reduce the total unified budget as proposed , the Boards ) reducing the proposed budget shall amend the proposed total budget , adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7 ) days . The amended total budget , if reduced by one ( 1 ) or more of the counties , shall be deemed to be the approved budget by all four (4 ) counties . The Counties acknowledge that the effect JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT 5 \ ATTY \AGREEMNnINTERLOC\GAL Funding Final,wpd - 1 - SAINT LUCIE COUNTY FILE M 3454941031241201 Oat 03:26 PM OR BOOK 3181 PAGE 2295 - 2300 Doc Type: AGR RECORDING: $52 .50 of this section will be that any of the four (4 ) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties . Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received . Each County shall notify the St . Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year , commencing October 1 , 2009 . Section 2 . DIVISION OF OPERATING EXPENSE . Calculation . Each County' s share shall be established by dividing the population of each County by the population of all the Counties . The calculation shall be effective on the following October 1 , commencing October 1 , 2009 . In the event of county- specific projects , they will be funded at 100 % by that County and remain in St . Lucie County' s possession until expended by GAL . After completion of such county - specific projects , any unexpended funds at the completion of the project shall be returned to that County on an annual basis with the reconciliation report . Section 3 . PAYMENT AND ACCOUNTING OF EXPENSES . The parties agree that the expenses for the Counties' portion of the GAL budget shall be paid as follows : (a ) Charges will be billed and mailed directly to the St . Lucie County Clerk of the Circuit Court Finance Department . Appropriate employees of the Clerk will check the bills for accuracy and compliance with the budget approved by the Court Administration Budget Committee and the respective Board of County Commissioners for each County . In the event of insufficient budget , the Finance Department will notify the St . Lucie County Management and Budget Department to take appropriate action . GAL shall be required to submit all expense invoices to Finance Department of the Clerk of the Circuit Court for St . Lucie County by the end - of -year deadline or by October 31 " , whichever is earlier . ( b ) Each individual County shall automatically send twenty- five percent ( 25 % ) of its prorated portion of the expenses in the adopted budget to the Clerk on a quarterly basis for each year that the agreement is in effect . Each quarterly payment shall be due within thirty ( 30 ) days of the end of the quarter (e . g . payment for the quarter beginning October 1 , shall be due by December 31 ) . No invoice will be submitted by St . Lucie County to request these funds . If payments are not submitted in full by the deadlines set forth in this Agreement , the Clerk shall notify the St . Lucie County Management and Budget Department and they send a letter of non - compliance to that County notifying of the violation of this Agreement . If an amendment is approved by the Court Administration Budget Committee and the respective Board of County Commissioners of each County , at a later date , each individual County shall send its portion of the increase to the Clerk within 30 days of approval . Each County is responsible for meeting reporting requirements per Sections 29 . 0085 , 939 . 185 , Florida Statutes , and any other federal , state , or local requirements . In recognition of this fact , the St . Lucie County Management and Budget Department will send financial reports , based on St . Lucie County' s Banner Financial System forms , on a quarterly basis to the counties for Guardian Ad Litem and Court Related Technology Funds . 5 BATTY \ AGREEMNT\INTERLOC \GALFunding Finalmpd — � of this section will be that any of the four (4 ) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties . Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received . Each County shall notify the St . Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year , commencing October 1 , 2009 . Section 2 . DIVISION OF OPERATING EXPENSE . Calculation . Each County' s share shall be established by dividing the population of each County by the population of all the Counties . The calculation shall be effective on the following October 1 , commencing October 1 , 2009 . In the event of county- specific projects , they will be funded at 100 % by that County and remain in St . Lucie County' s possession until expended by GAL . After completion of such county - specific projects , any unexpended funds at the completion of the project shall be returned to that County on an annual basis with the reconciliation report . Section 3 . PAYMENT AND ACCOUNTING OF EXPENSES . The parties agree that the expenses for the Counties' portion of the GAL budget shall be paid as follows : (a ) Charges will be billed and mailed directly to the St . Lucie County Clerk of the Circuit Court Finance Department . Appropriate employees of the Clerk will check the bills for accuracy and compliance with the budget approved by the Court Administration Budget Committee and the respective Board of County Commissioners for each County . In the event of insufficient budget , the Finance Department will notify the St . Lucie County Management and Budget Department to take appropriate action . GAL shall be required to submit all expense invoices to Finance Department of the Clerk of the Circuit Court for St . Lucie County by the end - of -year deadline or by October 31 " , whichever is earlier . ( b ) Each individual County shall automatically send twenty- five percent ( 25 % ) of its prorated portion of the expenses in the adopted budget to the Clerk on a quarterly basis for each year that the agreement is in effect . Each quarterly payment shall be due within thirty ( 30 ) days of the end of the quarter (e . g . payment for the quarter beginning October 1 , shall be due by December 31 ) . No invoice will be submitted by St . Lucie County to request these funds . If payments are not submitted in full by the deadlines set forth in this Agreement , the Clerk shall notify the St . Lucie County Management and Budget Department and they send a letter of non - compliance to that County notifying of the violation of this Agreement . If an amendment is approved by the Court Administration Budget Committee and the respective Board of County Commissioners of each County , at a later date , each individual County shall send its portion of the increase to the Clerk within 30 days of approval . Each County is responsible for meeting reporting requirements per Sections 29 . 0085 , 939 . 185 , Florida Statutes , and any other federal , state , or local requirements . In recognition of this fact , the St . Lucie County Management and Budget Department will send financial reports , based on St . Lucie County' s Banner Financial System forms , on a quarterly basis to the counties for Guardian Ad Litem and Court Related Technology Funds . 5 BATTY \ AGREEMNT\INTERLOC \GALFunding Finalmpd — � (c ) The Clerk shall deposit al monies received from the Counties into the Guardian Ad Litem fund for Guardian Ad Litem operations and Court Technology Fund for Guardian Ad Litem - related technology expenses per Section 28 . 24 ( 12 )(e ) 1 , Florida Statutes . On or before December 31 of each year , commencing December 31 , 2009 , an annual report for the prior year shall be submitted to the counties by the St . Lucie County Management and Budget Department . The report shall include the actual expenses for the prior fiscal year ending September 30th . Each report shall include a breakdown of expenditures by expense category . (d ) The Clerk shall be responsible for processing payment for all expenses and payments pertaining to the Counties share of the GAL budget . GAL cannot over spend the budget . The Clerk agrees to include the separate account referenced in the County' s annual audit . (e) Any excess monies , including any interest earned thereon , remaining at the end of each fiscal year shall be prorated based on percent of that year' s participation and returned to the Counties by December 31 ' (f ) The costs set forth above shall be applied to the wages of the employees plus the employer's State of Florida Retirement System contribution , FICA , and health insurance for each of the employees . Section 4 . MISCELLANEOUS PROVISIONS . (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 ) In the event of litigation regarding this Agreement , each party shall bear its own costs . ( c ) To the extent permitted by law , this Agreement shall be binding on the parties hereto , their successors and assigns . (d ) 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 . (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 . (f ) This Agreement can be cancelled upon giving twelve ( 12 ) months prior written notice before the beginning of the next fiscal year by the GAL , Clerk or any one ( 1 ) of the four (4 ) Counties . The termination of this Agreement shall not require refund of any monies collected by the GAL pursuant to this Agreement . The positions funded pursuant to this Agreement shall terminate upon the 5 ' \ ATTY \AG1ZEEMNT\ INTERL0C \GAL Funding Finalvpd - 3 - (c ) The Clerk shall deposit al monies received from the Counties into the Guardian Ad Litem fund for Guardian Ad Litem operations and Court Technology Fund for Guardian Ad Litem - related technology expenses per Section 28 . 24 ( 12 )(e ) 1 , Florida Statutes . On or before December 31 of each year , commencing December 31 , 2009 , an annual report for the prior year shall be submitted to the counties by the St . Lucie County Management and Budget Department . The report shall include the actual expenses for the prior fiscal year ending September 30th . Each report shall include a breakdown of expenditures by expense category . (d ) The Clerk shall be responsible for processing payment for all expenses and payments pertaining to the Counties share of the GAL budget . GAL cannot over spend the budget . The Clerk agrees to include the separate account referenced in the County' s annual audit . (e) Any excess monies , including any interest earned thereon , remaining at the end of each fiscal year shall be prorated based on percent of that year' s participation and returned to the Counties by December 31 ' (f ) The costs set forth above shall be applied to the wages of the employees plus the employer's State of Florida Retirement System contribution , FICA , and health insurance for each of the employees . Section 4 . MISCELLANEOUS PROVISIONS . (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 ) In the event of litigation regarding this Agreement , each party shall bear its own costs . ( c ) To the extent permitted by law , this Agreement shall be binding on the parties hereto , their successors and assigns . (d ) 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 . (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 . (f ) This Agreement can be cancelled upon giving twelve ( 12 ) months prior written notice before the beginning of the next fiscal year by the GAL , Clerk or any one ( 1 ) of the four (4 ) Counties . The termination of this Agreement shall not require refund of any monies collected by the GAL pursuant to this Agreement . The positions funded pursuant to this Agreement shall terminate upon the 5 ' \ ATTY \AG1ZEEMNT\ INTERL0C \GAL Funding Finalvpd - 3 - expiration , or substantial breach of , the Agreement or upon the expiration of Counties funding for the positions . (g ) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River , Martin , Okeechobee and St . Lucie County , Florida , prior to its effectiveness . ( h ) All of the parties agree to cooperate and participate in an effort to obtain state funding for the services covered by this Agreement . Section 6 . NOTICE . If to GAL : Circuit Director Guardian Ad Litem Program , 19th Judicial Circuit 584 N , W . University Boulevard Suite 600 Port St . Lucie , FL 34986 If to Counties : With a copy to : St . Lucie County Administrator Indian River County Administrator 2300 Virginia Avenue 180127 1h Street Fort Pierce , Florida 34982 Vero Beach , Florida 32960 Martin County Administrator 2401 S . E . Monterey Road Stuart , Florida 34996 Okeechobee County Administrator 304 N . W . Second Street Okeechobee , Florida 34972 If as to Clerk : With a copy to : Clerk of Circuit Court St . Lucie County Finance Director St . Lucie County , Florida 2300 Virginia Avenue St . Lucie County Courthouse Fort Pierce , Florida 34982 221 South Indian River Drive Fort Pierce , Florida 34982 5 \ ATTY \ AGREEMNT\ INTERLOC\GAL Funding Final .wpd _ 4 _ expiration , or substantial breach of , the Agreement or upon the expiration of Counties funding for the positions . (g ) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River , Martin , Okeechobee and St . Lucie County , Florida , prior to its effectiveness . ( h ) All of the parties agree to cooperate and participate in an effort to obtain state funding for the services covered by this Agreement . Section 6 . NOTICE . If to GAL : Circuit Director Guardian Ad Litem Program , 19th Judicial Circuit 584 N , W . University Boulevard Suite 600 Port St . Lucie , FL 34986 If to Counties : With a copy to : St . Lucie County Administrator Indian River County Administrator 2300 Virginia Avenue 180127 1h Street Fort Pierce , Florida 34982 Vero Beach , Florida 32960 Martin County Administrator 2401 S . E . Monterey Road Stuart , Florida 34996 Okeechobee County Administrator 304 N . W . Second Street Okeechobee , Florida 34972 If as to Clerk : With a copy to : Clerk of Circuit Court St . Lucie County Finance Director St . Lucie County , Florida 2300 Virginia Avenue St . Lucie County Courthouse Fort Pierce , Florida 34982 221 South Indian River Drive Fort Pierce , Florida 34982 5 \ ATTY \ AGREEMNT\ INTERLOC\GAL Funding Final .wpd _ 4 _ IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officials on the dates stated below . GUARDIAN AD LITEM WITNESSES : � Circvt Director Date : ATTEST : J , BARTON LE K INDIAN RIVER COUNTY , FLORIDA BCC ApprWd : July 14 , 2009 Bye BY — Deputy Clerk 6&j & Davis , Chairman Commissioners (SEAL) Date : _ 0 — APPROVED AS TO FORM AND LEGAL SUF�FICIEN/CCY : County Attorney ATT ST ' MARTIN CO , FLORIDA ci t ca-l�.c:. r � LGx BY : 4400 CI k Ch r , Board of County MARSHA EWING , CLERK Commissioners SUSAN L . VALLIERE , CHAIRMAN (SEAL) Date : 1 / 29 / 10 APPROVED AS TO FORM AND CORRECTNESS : County Attorney STEPHEN FRY , COUN ATTORNEY 5 \ ATTY \ AGREEMNT\ INTERLOC\&AL Funding Final .wpd " 5 " IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officials on the dates stated below . GUARDIAN AD LITEM WITNESSES : � Circvt Director Date : ATTEST : J , BARTON LE K INDIAN RIVER COUNTY , FLORIDA BCC ApprWd : July 14 , 2009 Bye BY — Deputy Clerk 6&j & Davis , Chairman Commissioners (SEAL) Date : _ 0 — APPROVED AS TO FORM AND LEGAL SUF�FICIEN/CCY : County Attorney ATT ST ' MARTIN CO , FLORIDA ci t ca-l�.c:. r � LGx BY : 4400 CI k Ch r , Board of County MARSHA EWING , CLERK Commissioners SUSAN L . VALLIERE , CHAIRMAN (SEAL) Date : 1 / 29 / 10 APPROVED AS TO FORM AND CORRECTNESS : County Attorney STEPHEN FRY , COUN ATTORNEY 5 \ ATTY \ AGREEMNT\ INTERLOC\&AL Funding Final .wpd " 5 " ST : OKEECHOBEE COUNTY , FLOR QA � ^I Y : Clerk Chair , and of County Commissioners (SEAL) Date : wed For Legal APPROVED AS TO FORM � �P3. , , �Pi , , �� n��v i ARMItMARIN 201 � Co my Attorn y a ATTEST : ST . LUCIE COUNTY , ` CtiT BY lerk �� ? Chair , Board o oun � 7LZl . Commissioners pp 4 } � (SEA , U OC/ { Date ' �`' Y APPROVED AS TO FORM AND Y w �f COR qNES p '•tit '�,7; �"J ' K � J .y�,5,6a;�� ` � / / �� Y x y County Attorney' CLERK OF THE CIRC T COURT ST . LUCIE CO DA f BY : lerk 5 : \ ATTY \ AGREEMNT\ INTERLOC \ GAL Funding Final .wpd " 6 ST : OKEECHOBEE COUNTY , FLOR QA � ^I Y : Clerk Chair , and of County Commissioners (SEAL) Date : wed For Legal APPROVED AS TO FORM � �P3. , , �Pi , , �� n��v i ARMItMARIN 201 � Co my Attorn y a ATTEST : ST . LUCIE COUNTY , ` CtiT BY lerk �� ? Chair , Board o oun � 7LZl . Commissioners pp 4 } � (SEA , U OC/ { Date ' �`' Y APPROVED AS TO FORM AND Y w �f COR qNES p '•tit '�,7; �"J ' K � J .y�,5,6a;�� ` � / / �� Y x y County Attorney' CLERK OF THE CIRC T COURT ST . LUCIE CO DA f BY : lerk 5 : \ ATTY \ AGREEMNT\ INTERLOC \ GAL Funding Final .wpd " 6