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RESOLUTION 88-19287 f-// 7/ 9t RESOLUTION No. 88- 19287 e(-5Ill 4 RESOLUTION OF THE CITY COMMISSION OF THE CITY )F MIAMI BEACH, AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF MIAMI BEACH TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DADE COUNTY AGREEING TO THE COLLECTION AND DISBURSEMENT OF A MONTHLY LINE FEE, PURSUANT TO FLORIDA STATUTES §365.171, THE FLORIDA EMERGENCY TELEPHONE ACT AND WAIVING THE PROVISIONS OF SECTION 2-1, RULE 1.21 (E) , DADE COUNTY CODE. WHEREAS, the City of Miami Beach desires to provide their citizens with a single, primary three-digit emergency telephone number as is intended and out- lined in the Florida Emergency Telephone Act (Ch 365. 171, Florida Statutes) , and WHEREAS, the City of Miami Beach desires to expedite the collection of fees by the County on its behalf, it desires to waive the provisions of Section 2-1, Rule 1 .21 (e) , Dade County Code, which direct that each County ordinance that affects the jurisdiction or the duties of municipalities should be brought forward for second reading at least six weeks after its passage on first reading; and WHEREAS, Florida Statutes § 365. 171, the Florida Emergency Telephone Act, permits the levying of a monthly fee of up to $0.50 per eligible telephone line served by an E-911 System; and, WHEREAS, Metropolitan Dade County, the Cities of Miami , Miami Beach, Hialeah, and Coral Gables request for an E-911 fee has been approved by the Florida Department of General Services, Division of Communications; and, WHEREAS, such fee has been approved at $0.50 per month per eligible line for the period �n�N!!'+<��. 1, 1(��n �,�..�*+w.�•.---., 30, 7/�f!!Z per t od February uai y 1933 to Sep a iibe1 1 983. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach duly authorize the Mayor and the City Clerk of the City of Miami Beach, and are hereby directed to enter into an Inter-Local Agreement, in substantially the form attached, between Metropolitan Dade County and the City of Miami Beach, for the period ending September 30, 1988, for the purpose of collecting and disbursing a monthly fee of $0.50, pursuant to §365.171, the Florida Emergency Telephone Act. AND BE IT FURTHER RESOLVED, BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach desires to expedite the collection of fees by Dade County on its behalf, that it waives the provision of Section 2-1, Rule 1 .21 (e) , Dade County Code, which direct that each County ordinance that affects the jurisdiction or the duties of municipalities should be brought forward for second reading at least six week after it passage on first reading. PASSED and ADOPTED this 15th dayof June, 19:: ` � . t / M' OR Attest by: CITY CLERK FORM APPFICV:17D LEGA L 07:r-rt. • By /LAX Date (�"� ' eee, Mame eead FLORIDA 33139 :41-02p.,' *;INCOP,P ORATED* VA C TI " A TIONLA N1.� U. .S. .-�. ',pCN 26,`�'- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. U DATE: June 15, 1988 TO: Mayor Alex Dao = .nd Members of e City Comm s..4 ' lir FROM: Rob W. Parki 11' i.L.• li,,,,,, ,r/ City Manager SUBJECT: AN INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH FOR COLLECTING AND DISTRIBUTING A MONTHLY FEE OF $0.50 FOR OPERATING AND MAINTAINING AN E-911 SYSTEM. Metropolitan Dade County, acting on behalf of the cities of Miami , Miami Beach, Hialeah, Coral Gables, and itself, has received approval and authoriza- tion from the Florida Department of General Services, Division of Communica- tions, to levy and collect a $0.50 per month telephone fee for FY 1987/88. The proceeds to each party was determined by their estimated operating and maintenance costs directly related to their respective E-911 Systems and approved by the Division of Communications. In order to complete the implementation of this process, it will be necessary to enter into an Interlocal Agreement with Metropolitan Dade County for the purpose of collecting and disbursing the proceeds. Further, in order to expedite the collection of those fees, it will also be necessary to waive the provisions of Section 2-1, Rule 1 .21 (e) , Dade County Code, which directs that each County ordinance that affects the jurisdiction or duties of municipalit- ies should require at least six-week for second reading after its passage on first reading. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission of the City of Miami Beach adopts the attached resolution, authorizing the Mayor and City Clerk to enter into an Interlocal Agreement with Metropolitan Dade County and the City of Miami Beach for the purpose of collecting and disbursing the E-911 fee and to waive the provisions of Section 2-1, Rule 1 .21 (e) , Dade County Code. PFL:me 1 AGENDA ` ITEM DATE 6 - IC:S2 INTER-LOCAL COOPERATION AGREEMENT THIS AGREEMENT , made and entered into this day of 1988 by and between Metropolitan Dade County, a political subdivision of the State of Florida, (hereinafter referred to as the COUNTY) , and the Cityof , a municipal corporation under the laws of the State of Florida (hereinafter referred to as the CITY) . WITNESSETH: WHEREAS, the COUNTY and the CITY both desire to provide their citizens with a single, primary three-digit emergency phone number as is intended g y andoutlined i n the Florida Emergency Telephone Act (Chapter 365. 171 , Florida Statutes) , and WHEREAS, the CITY desires to expedite the collection of fees by the County on its behalf, it herebywaives the provisions of Section 2-1, Rule 1.21 (e) , Dade CountyCode, which direct that each County ordinance that affects thejurisdiction or the duties of municipalities should be brought forward for second readingat least six weeks after its passage on first reading , and WHEREAS, SOUTHERN BELL Telephone and Telegraph Company (hereinafter referred to as SOUTHERN BELL) , Inc. will bill its subscribers for - x)11 fee, collect allpaid E911 fees by subscribers and then transfer to the County, less a one ( 1) percent remuneration for administrative costs , the balance of the E911 fees , and WHEREAS, the COUNTY will distribute to the CITY the total amount received from SOUTHERN BELL which represents E911 fees paid by subscribers who are served by the CITY' s E911 system. NOW, THEREFORE, for and in consideration of the mutual premises and covenants herein contained, the parties hereto agree as follows: ARTICLE I RESPONSIBILITIES OF THE CITY The CITY agrees to: 1. Establish a separate audit account to be used for the deposit of 1' relating funds or fees to its E911 system. AGENDA ITEM A D TE —c 2. Restrict the use of all recurring and nonrecurring fees deposited in the account for E911 system expenses , as defined in Florida Statutes , Chapter 365. 171 , Section 13(a)3. 3. Pay for any expenses that arise out of the CITY 's request to conduct an audit of the E911 system recurring and nonrecurring fees . 4. Submit to the COUNTY on or before June 15 of each year, a completed E911 PSAP expense request and the most recent estimates of its E911 system common expenses. 5. Be solely responsible for a surplus or deficits in its own account , and accept annual adjustments to the E911 system fee as may be required by the Florida General Services Department in order to eliminate a surplus or deficit in the City's E911 system fee account. 6. Maintain all financial records and accounts in accordance wit' accepted generallyted accounting principles (GAAP) and provide accss P to said accounts and records for auditing purposes for a period of three years after the termination of this Agreement. ARTICLE II RESPONSIBILITIES OF THE COUNTY The COUNTY agrees to: 1. Collect from SOUTHERN BELL those recurring and nonrecurring E?: : system fees paidby SOUTHERN BELL subscribers that are serviced by the CITY' s E911 system. 2. Transfer to the CITY, in a timely manner, the CITY's share of the E911 system fees billed to and collected from SOUTHERN BELL sub- scribers that are serviced by the CITY' s E911 system. 3. Provide the CITY with one (1) copy of each of the following re- • P orts , as prepared by SOUTHERN BELL: 4 a. A monthly report that details the CITY 's E911 system service area by access line and identifies all the E911 system fees billed and collected for the billing period being reported on. b. Auarterl report that identifies the name, phone number and q y address of all subscribers serviced by the CITY's E911 system who have not yet paid the fees. 4. Make Ey 911 system records and financial information available to the CITY for auditur oses for a period of three (3) years. P P ARTICLE III TERM OF AGREEMENT The initialperiod eriod of this AGREEMENT shall be through September 30, 1988, and thereafter shall be subject to renewal each year by the joint q filing of a request for approval to the Florida Department of General Services for levying system E911 s stem fee. Such action by both parties will be deemed an automatic extension and renewal of this agreement and all of i t s terms and conditions , and shall be subject to approval by the De ment of General Services . ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS The CITY shall indemnify fy and hold the COUNTY harmless from any and all claims to the extent permitted by Chapter 768.28 of the Florida Statutes. ARTICLE V ASSIGNMENT The CITY shall nog , t assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any p • without the prior written consent of the COUNTY. portion of same, p 5 ARTICLE VI CANCELLATION PROVISION Either party shall have the right to terminate this AGREEMENT without stated cause by providing the other party with 30 calendar days prior written notice by registered mail . ARTICLE VII MODIFICATIONS This AGREEMENT may not be altered, changed or modified except by or with the written consent of the COUNTY and approved by appropriate action of the Board of County Commissioners. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective and duly authorized officers on the day and year first above written. DADE COUNTY, FLORIDA Approved as to form and By: legal sufficiency Dewey W. Knight, Jr. Interim County Manager Attest: Assistant County Attorney Deputy Clerk (Seal ) CITY OF Approved as to form and By: legal sufficiency --tit)/ Manager 1;tqft044 eaAde Attest: City Attorney Clerk (Seal ) tc,o,nrT71 , c 001 6ff, MI 6 ORIGINAL RESOLUTION NO. 88-19287 (Authorizing the Mayor and the City Clerk of the City of Miami Beach to enter into an Interlocal Agreement with Dade County agreeing to the Collection and disburse- ment of a monthly line fee, pursuant to Florida Statutes §365.171, the Florida Emergency Telephone Act and Waiving the provisions of §2-1, Rule 1.2. (E) , Dade County Code) .ia