RESOLUTION 88-19287 f-// 7/ 9t
RESOLUTION No. 88- 19287
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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:: `
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M' OR
Attest by:
CITY CLERK FORM APPFICV:17D
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FLORIDA 33139
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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 '
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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
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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
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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
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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.
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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
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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 )
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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)
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