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HomeMy WebLinkAbout2006-26298 Reso Inc. RESOLUTION NO. 2006-26298 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 BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the City Manager and City Clerk to execute the attached 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 6th ATTEST: ~rilWk CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~Jlt (~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the Mayor 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 Telephone Emergency System Service Fees. Ke Intended Outcome Su orted: Increase resident rating of Public Safety Services. Item Summary/Recommendation: ) The Miami Beach Police Department receives emergency calls for service via the 911 Telephone Emergency System. This System is part of a communications network with Miami-Dade County. The 911 Telephone Emergency System has a provision for collecting fees from citizens of Miami-Dade County and the City of Miami Beach for this service. The City of Miami Beach receives a portion of the service fees from Miami-Dade County via an Interlocal Cooperation Agreement. This Agreement will ensure that the City of Miami Beach receives its share of fees collected. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 aSPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Michael Gruen, Planning and Research Unit Manager Si r Assistant City Manager City Manager m ,.... MIAMI BEACH AGENDA ITEM DATE C75 f-6-cJG ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~ ~ September 6, 2006 U 0 DATE: SUBJECT: 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. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS The Miami Beach Police Department receives emergency calls for service via the 911 Telephone Emergency System. This System is part of a communications network with Miami-Dade County. The 911 Telephone Emergency System has a provision for collecting fees from citizens of Miami-Dade County and the City of Miami Beach for this service. The City of Miami Beach receives a portion of the service fees from Miami-Dade County via an Interlocal Cooperation Agreement. This Agreement will ensure that the City of Miami Beach receives its share of fees collected. CONCLUSION The Administration recommends approving the resolution. JMGJ)~/Jbb F:\poli\ADMI\$OPR\GRUEN06\Commission Memorandum 911.doc " . INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made and entered into this _ day of 2006 by and between Miami-Dade County, a political subdivision of the State of Florida, (hereinafter referred as to as the COUNTY), and the City of Miami Beach, a municipal corporation under the laws of the State of Florida (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 the Florida Emergency Telephone Act (Section 365.171, Florida Statutes) and the Wireless Emergency Communications Act (Section 365.172, Florida Statutes), and WHEREAS, the CITY desires to expedite the collection of fees by the COUNTY on its behalf, it hereby waives the provisions of Section 2-1, Rule 5.06(f), Miami-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, 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 the COUNTY, 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 to the Florida State Wireless 911 Board, less a one (1) percent 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 the COUNTY pursuant to Section 365.173, Florida Statutes. 3 NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I RESPONSIBILITIES OF THE CITY The CITY agrees to: 1. Establish a strict accounting that tracks the use of the funds at issue that allows an audit to determine whether the funds have been spent as allowed by law, including establishing at least two separate accounts to be used for the deposit of funds or fees received from the COUNTY, including: one account designated for funds received pursuant to the Florida ErT)ergency Telephone Act, Section 365.171, Florida Statutes (hereinafter referenced as "Hardwire 911 Fee"); and a separate account designated for funds received pursuant to the Wireless Emergency Communications Act, Section 365.172, Florida Statutes (hereinafter referenced as "Wireless 911 Fee"). 2. Restrict the use of Hardwire 911 Fees only to expenses allowed by applicable law, including Section 365.171 (13)(a)6, Florida Statutes. 3. Restrict the use of Wireless 911 Fees only to expenses allowed by applicable law, including in Sections 365.171 (13)(a)6, 365.172, and 365.173, Florida Statutes. 4. Pay for reasonable COUNTY expenses that are related to any audit legally required to be conducted by the COUNTY of the Hardwire 911 Fees and Wireless 911 Fees received by the CITY from the COUNTY, 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. 5. Submit to the COUNTY on or before June 15 of each year, a proposed budget for the use of Hardwire 911 Fees and Wireless 911 Fees for the next fiscal year beginning on October 1 st of the same year and ending on September 30th of the following calendar year. 6. Be solely responsible for surpluses or deficits in its own accounts, and accept annual adjustments to the Hardwire 911 Fees and Wireless 911 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 Emergency 911 system fee accounts. 7. Submit to the COUNTY, on or before March 31 of each year a completed audit of expenses paid for by Hardwire 911 Fees and Wireless 911 Fees for the prior fiscal year that ended on September 30th. The CITY will bear the cost of such audit. 2 ARTICLE II RESPONSIBILITIES OF THE COUNTY The COUNTY agrees to: 1. Receive Hardwire 911 Fees and Wireless 911 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 Hardwire 911 Fees that the COUNTY receives based on the number of such telephone service subscribers serviced by the CITY's Emergency 911 system. 3. Transfer to the CITY, in a timely manner, the CITY's share of Wireless 911 Fees that the COUNTY receives based on the percentage of wireless 911 calls received by the CITY. ARTICLE III 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 termination of the AGREEMENT provided applicable audits have been released. See Florida Department of State, General Schedule For Local Government Agencies GS1-L, July 2001, Contracts! Leasesl Agreements: Non-Capital Improvement (Item# 65). Records maintained by each party pursuant to this AGREEMENT will be made available to the other party for audit purposes. 3 ARTICLE IV TERMINATION/MODIFICATION OF AGREEMENT Each party retains the right to terminate this AGREEMENT, without cause, provided written notice of forty-five (45) days is given by U.S. mail. In addition, each party may terminate this AGREEMENT for cause upon thirty (30) days written notice. Cause shall include a breach of the AGREEMENT, a violation by either party of pertinent federal or state law, regulation or rule governing the use of such fees, or any change in law that materially modifies the responsibilities of the parties. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the CITY shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including Attorneys' fees and costs of defense, which MDC or its officers, employees. or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this AGREEMENT by the CITY, its employees. officers and agents. MDC shall promptly notify the CITY of each claim, cooperate with the CITY in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the CITY'S participation. The indemnification provisions of this AGREEMENT shall survive termination of this AGREEMENT for any claims that may be filed after the termination date of the AGREEMENT provided the claims are based upon actions that occurred during the performance of this AGREEMENT. 4 . 'I ' ... ARTICLE VI ASSIGNMENT The CITY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any portion of same, without the prior written consent of the COUNTY. The COUNTY shall not assign, transfer, pledge. hypothecate, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any portion of same, without the prior written consent of the CITY. ARTICLE VII TERM AND RENEWAL This AGREEMENT shall run for a term of two years from the date it is signed by both parties. Thereafter, it shall automatically renew for additional two year terms unless terminated by either party. 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. Approved as to form and legal sufficiency . MIAMI-DADE COUNTY, FLORIDA By: George Burgess County Manager Assistant County Attorney Attest: Deputy Clerk (seal) CITY OF MIAMI BEACH By: Jorge M. Gonzalez City Manager 5 , ....,. .. , . AMOVED I>S 10 FOIM & LANGUAGE & FOR EXECUTION ~ Attest: Clerk (seal) 6 , , . , " . , \' r " Approved Mavor Agenda Item No. Veto Override RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF FIVE INTERLOCAL COOPERATION AGREEMENTS WITH THE CITIES OF MIAMI, MIAMI BEACH, CORAL GABLES, HIALEAH AND PINECREST REGARDING EMERGENCY 911 SYSTEM SERVICE FEES; AUTHORIZING THE COUNTY MANAGER TO EXERCISE RENEWAL AND CANCELLATION OF PROVISIONS CONTAINED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that this Board approves five Interlocal Cooperation Agreements between Miami-Dade County, and the Cities of Miami, Miami Beach, Coral Gables, Hialeah and Pinecrest regarding Emergency 911 System Service Fees in substantially the form attached hereto and made a part thereof, and authorizes the County Manager to execute same for and on behalf of Miami-Dade County subject to execution by cities; and to exercise renewal, extension and cancellation provisions contained therein. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: . .. Joe A. Martinez, Chairman Dennis C. Moss, Vice-Chairman Bruno A. Barreiro Audrey Edmonson Jose "Pepe" Diaz Carlos A. Gimenez Sally A. Heyman Barbara J. Jordan Dorrin D. Rolle Natacha Seijas Katy Sorenson Rebeca So sa Sen. Javier D. Souto The Chairperson there upon declared the resolution duly passed and adopted this day of ,2006. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By Deputy Clerk 2 ~~~cf~ ~Z;; ~4G~ ~.~~~ INTERLOCAL COOPERATION AGREEMENT ~ ~ ;'J-tJO /,p _ t} (, :l 9 f' / C7~- 9',4~b THIS AGREEMENT, made and entered into this day of 2006 by and between Miami-Dade County, a political subdivision of the State of Florida, (hereinafter referred as to as the COUNTY), and the City of Miami Beach, a municipal corporation under the laws of the State of Florida (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 the Florida Emergency Telephone Act (Section 365.171, Florida Statutes) and the Wireless Emergency Communications Act (Section 365.172, Florida Statutes), and WHEREAS, the CITY desires to expedite the collection of fees by the COUNTY on its behalf, it hereby waives the provisions of Section 2-1, Rule 5.06(f), Miami-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, 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 the COUNTY, 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 to the Florida State Wireless 911 Board, less a one (1) percent 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 the COUNTY pursuant to Section 365.173, Florida Statutes. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I RESPONSIBILITIES OF THE CITY The CITY agrees to: 1. Establish a strict accounting that tracks the use of the funds at issue that allows an audit to determine whether the funds have been spent as allowed by law, including establishing at least two separate accounts to be used for the deposit of funds or fees received from the COUNTY, including: one account designated for funds received pursuant to the Florida Emergency Telephone Act, Section 365.171, Florida Statutes (hereinafter referenced as "Hardwire 911 Fee"); and a separate account designated for funds received pursuant to the Wireless Emergency Communications Act, Section 365.172, Florida Statutes (hereinafter referenced as "Wireless 911 Fee"). 2. Restrict the use of Hardwire 911 Fees only to expenses allowed by applicable law, including Section 365.171 (13)(a)6, Florida Statutes. 3. Restrict the use of Wireless 911 Fees only to expenses allowed by applicable law, including in Sections 365.171 (13)(a)6, 365.172, and 365.173, Florida Statutes. 4. Pay for reasonable COUNTY expenses that are related to any audit legally required to be conducted by the COUNTY of the Hardwire 911 Fees and Wireless 911 Fees received by the CITY from the COUNTY, 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. 5. Submit to the COUNTY on or before June 15 of each year, a proposed budget for the use of Hardwire 911 Fees and Wireless 911 Fees for the next fiscal year beginning on October 15t of the same year and ending on September 30th of the following calendar year. 6. Be solely responsible for surpluses or deficits in its own accounts, and accept annual adjustments to the Hardwire 911 Fees and Wireless 911 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 Emergency 911 system fee accounts. 7. Submit to the COUNTY, on or before March 31 of each year a completed audit of expenses paid for by Hardwire 911 Fees and Wireless 911 Fees for the prior fiscal year that ended on September 30th. The CITY will bear the cost of such audit. 2 ARTICLE II RESPONSIBILITIES OF THE COUNTY The COUNTY agrees to: 1. Receive Hardwire 911 Fees and Wireless 911 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 Hardwire 911 Fees that the COUNTY receives based on the number of such telephone seNice subscribers seNiced by the CITY's Emergency 911 system. 3. Transfer to the CITY, in a timely manner, the CITY's share of Wireless 911 Fees that the COUNTY receives based on the percentage of wireless 911 calls received by the CITY. ARTICLE III 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 termination of the AGREEMENT provided applicable audits have been released. See Florida Department of State, General Schedule For Local Government Agencies GS1-L, July 2001, Contracts/ Leases/ Agreements: Non-Capital Improvement (Item# 65). Records maintained by each party pursuant to this AGREEMENT will be made available to the other party for audit purposes. ARTICLE IV TERMINATION/MODIFICATION OF AGREEMENT Each party retains the right to terminate this AGREEMENT, without cause, provided written notice of forty-five (45) days is given by U.S. mail. In addition, each party may terminate this AGREEMENT for cause upon thirty (30) days written notice. Cause shall include a breach 3 of the AGREEMENT, a violation by either party of pertinent federal or state law, regulation or rule governing the use of such fees, or any change in law that materially modifies the responsibilities of the parties. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the CITY shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including Attorneys' fees and costs of defense, which MDC or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this AGREEMENT by the CITY, its employees, officers and agents. MDC shall promptly notify the CITY of each claim, cooperate with the CITY in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the CITY'S participation. The indemnification provisions of this AGREEMENT shall survive termination of this AGREEMENT for any claims that may be filed after the termination date of the AGREEMENT provided the claims are based upon actions that occurred during the performance of this AGREEMENT. ARTICLE VI ASSIGNMENT The CITY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any portion of same, without the prior written consent of the COUNTY. The COUNTY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of this AGREEMENT, or any interest in any portion of same, without the prior written consent of the CITY. 4 ARTICLE VII TERM AND RENEWAL This AGREEMENT shall run for a term of two years from the date it is signed by both parties. Thereafter, it shall automatically renew for additional two year terms unless terminated by either party. 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. Approved as to form and legal sufficiency MIAMI-DADE COUNTY, FLORIDA By: George Burgess County Manager Assistant County Attorney Attest: Deputy Clerk (seal) CITY OF MIAMI BEACH By: Attest: Clerk (seal) APPROVED AS TO FORM & lANGUAGE & F EXECUTION ,. 'j) J~ 0" 5