Loading...
2015-29170 Reso RESOLUTION NO. 2015-29170 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY FOR THE COLLECTION OF EMERGENCY 911 SYSTEM SERVICE FEES. WHEREAS, Miami Beach Police Department personnel are responsible for responding to emergencies and critical incidents in the City of Miami Beach, via the 911 Telephone Emergency Response System. This involves receiving emergency calls for service and the subsequent dispatching of police officers and fire personnel, and WHEREAS, Miami-Dade County and the City of Miami Beach both desire to continue to provide their citizens with a single, primary three-digit emergency telephone number as is intended and outlined in the Florida Emergency Telephone Act (Section 365.171, Florida Statutes) and the Wireless Emergency Communications Act (Section 365.172, Florida Statutes), and WHEREAS, local telephone exchange providers will bill their subscribers for the Emergency 911 fee, collect all Emergency 911 fees paid by subscribers and then transfer to Miami-Dade County, less a 1% remuneration for administrative costs, the balance of the Emergency 911 fees, and WHEREAS, wireless telephone service providers will bill their subscribers for Emergency 911 fees, collect all Emergency 911 fees paid by subscribers and then transfer to the Florida State Wireless 911 Board, less a 1% remuneration for administrative costs, the balance of the Emergency 911 fees, and the Florida State Wireless 911 Board will transfer a portion of these funds to Miami-Dade County pursuant to Section 365.173, Florida Statutes. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, herein authorize the City Manager and the City Clerk to execute an Interlocal Cooperation Agreement between the City of Miami Beach and Miami-Dade County for the collection of Emergency 911 System service fees. PASSED and ADOPTED this /9' day of October, 2015. v/� ATTEST BY: • • RS ft Da 1 MAYOR °HIL - INE RAFAEL E. GRAN A D•, CITY CLERK / APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION ct City Attorney i):6 Date INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH FOR EMERGENCY 911 SYSTEM FUND THIS AGREEMENT, made and entered into this /7day of FC4rou, , 2015, b and between Miami-Dade Count , a olitical subdivision by Y political the State of Florida, (hereinafter referred to as the COUNTY), and the City of Miami Beach a municipal corporation organized and existing under the laws of the State of Florida and located in Miami-Dade County, (hereinafter referred to as the CITY). WHEREAS, the COUNTY and the CITY both desire to continue to provide their citizens with a single, primary three-digit emergency phone number as is intended and outlined in Florida Statutes, Chapter 365, Use of Telephones and Facsimile Machines, more specifically sections relating to Florida's Emergency Communications Number E911. WHEREAS, local telephone exchange providers will bill their subscribers for the Emergency 911 fee, collect all Emergency 911 fees paid by subscribers, and then transfer such fees to the State of Florida, less a one (1) percent remuneration for administrative costs, the balance of the Emergency 911 fees; and WHEREAS, wireless telephone service providers will bill their subscribers for Emergency 911 fees, collect all Emergency 911 fees paid by subscribers, and then transfer these fees to the Florida State Wireless 911 Board, less a one (1) percent remuneration for administrative costs, the balance of the Emergency 911 fees. Then Page 1 the Florida State Wireless 911 Board will transfer a portion of these funds to the COUNTY pursuant to Florida law; and WHEREAS, the intent of this INTERLOCAL AGREEMENT is to ensure that the COUNTY and the participating municipality operating an E911 system accurately administer E911 fees in accordance with Florida law; NOW, THEREFORE, BE IT KNOWN that Miami-Dade County and the undersigned municipality, in consideration for mutual promises and covenants contained herein, agree to fully and faithfully abide by and be bound by the following terms and conditions: ARTICLE RESPONSIBILITIES OF THE CITY The CITY agrees to: 1. Establish a strict accounting that tracks the use of E911 fees and provides an audit report to ensure that the E911 funds are received, dispersed and managed in accordance with Florida law. For accounting purposes, the Emergency 911 (E911) System Fund must be segregated into three (3) separate accounts: the wireless category; non-wireless category; and the prepaid wireless category. 2. Pay for reasonable COUNTY expenses that are related to any audit legally required to be conducted bythe COUNTY of the wireless, non-wireless, and prepaid wireless E911 fees received by the CITY from the COUNTY, and any reasonable costs for similar audits conducted by the State when the State can legally impose such costs on either the COUNTY or the CITY. Page 2 3. Submit to the COUNTY on or before June 15 of each year, a proposed budget for the use of the wireless, non-wireless and prepaid wireless categories in accordance with Florida law for the next fiscal year beginning on October 1st of the same year and ending on September 30th of the following calendar year. 4. Be solely responsible for surpluses or deficits in its own accounts, and accept annual adjustments to the wireless, non-wireless and prepaid wireless E911 fees as may be required by the COUNTY and/or the State in order to eliminate surpluses or deficits in the COUNTY's and/or CITY's E911 System fee accounts. 5. Submit to the COUNTY, on or before March 31 of each year, a completed audit of expenses paid for by wireless, non-wireless and prepaid wireless E911 fees for the prior fiscal year that ended on September 30th. The CITY will bear the cost of such audit. ARTICLE II RESPONSIBILITIES OF THE COUNTY The COUNTY agrees to: 1. Receive wireless, non-wireless and prepaid wireless E911 fees from local telephone exchange providers and the Florida State Technology Office. 2. Transfer to the CITY, in a timely manner, the CITY's share of wireless, non- wireless and prepaid wireless E911 fees that the COUNTY receives. Page 3 ARTICLE III PREVAILING STATE LAW This Agreement shall be construed in accordance with the current State of Florida laws governing Emergency Communications Number E911. Each party shall administer its E911 system, including the management of E911 fees, in accordance with current Florida law. ARTICLE IV MAINTENANCE AND AVAILABILITY OF RECORDS Each party shall maintain all financial records and accounts in accordance with Generally Accepted Accounting Principles (GAAP). Furthermore, each party will maintain all records related to this AGREEMENT pursuant to law and state-established records retention schedules. For example, record copies of documents consisting of legal records, correspondence, reports, purchases of non-capital items and services, etc.,. relating to this AGREEMENT must be maintained for five (5) fiscal years after completion or termination of the AGREEMENT provided applicable audits have been released and in compliance with the requirements documented in the most current Florida Department of State, General Schedule For Local Government Agencies. Records maintained by each party pursuant to this,AGREEMENT will be made available to the other party for audit purposes. ARTICLE V INDEMNIFICATION Each party to this Agreement agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while participating herein and pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring any and all costs associated Page 4 with any suit, action, or claim for damages arising from the performance of this Agreement. ARTICLE VI ASSIGNMENT The CITY shall not assign, transfer, pledge, contract, sub-contract, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any portion of same. ARTICLE VII EFFECTIVE DATE AND AMENDMENTS This AGREEMENT shall be in effect from the date of signing and will expire on January 1, 2025. This Agreement may not be amended or modified except in writing, signed and duly executed by the parties. Any amendments or modifications to this Agreement require County Commission approval via the County's legislative process. ARTICLE VIII TERMINATION This AGREEMENT can be terminated by either party, without or without cause, upon providing thirty (30) days written notice to the other party. • Page 5 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. MIAMI-DADE COUNTY �- Carlos A . G enez, Mayor Date G Patterson, Director Date Miami-Dade Police Department ATTEST: 41# ..... .7/5 `: Harvey Ruvin, County Clerk Date V.4-�r _ r� ,'• Miami-Dade County, Florida a:, "�"4°,17 •ha APPROVED AS TO FORM AND LEGAL SUFFICIENCY: or 5/I i 15 R. A. Cuevas, Jr., County Attorney at Miami-Dade County, Florida Page 6 • • i i - CITY•OF'MIAMI°'BEACH' J • 1 „ r �` z3 /;5 Jimm1; L. Mo''ales . ,. Date - , , City !:nage A' = _i t i S _ 9 143 -. . Charles Tear }, Date a Emergency Mana ement��Director: =�J \ BF °''� , ''''.."','..7 .:.. !: :' .',.'. -...2,.-.:. ,' : , . .,,'L'.1.: ,_ , : . - ',:r .:". )iii_....- %'),, • - " ‘i''''','' :,.--,;.:.:, , :: "'- „?.--.:-, 9 y 9 . 0 * INCORI? ORATED: o 4 °.} 5 ' , , C A -t 0 )_______ Raul Aguila ` Date _�,, City Attorney t :. iA K . . ATTEST .. R ae1 E, G anado ; � � ty erk ' 7+. L 3 ' Y , fir r-s d f' f Page:7. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City ommission FROM: Jimmy L. Morales, City Manag DATE: October 14, 2015 SUBJECT: A Resolution Authorizing The ty Manager And The City Clerk To Execute An Interlocal Cooperation Agreement Between The City Of Miami Beach And Miami- Dade County For The Collection Of Emergency 911 System Service Fees. BACKGROUND Every ten years Miami Dade County requires the City of Miami Beach to execute the interlocal cooperation agreement for the collection of the Emergency 911 System Service Fees. ANALYSIS The Department of Emergency Management, Public Safety Communications Unit receives emergency calls for service via the 911 Telephone Emergency Systems. These emergency services are provided to anyone dialing 911 within the Jurisdiction of Miami Beach. This agreement is required to allow Miami Dade County to disperse the collected fees by the State of Florida from wireless, non-wireless, and prepaid phones to the City of Miami Beach. CONCLUSION The Admi 'station recommends approving this resolution KM/4/ T: ' NDA\2015\September\Emergency Management\E911 Interlocal Agreement-Memo.docx Agenda Item C7 C Date 0-61-/S-