HomeMy WebLinkAboutR-88-0713J-88-721
7/13/88
RESOLUTION NO. 'IiN— 71. f
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT SUBSTANTIALLY IN
ACCORDANCE WITH THE TERMS AND CONDITIONS AS
SET FORTH IN THE ATTACHED DRAFT AGREEMENT
WITH METROPOLITAN DADE COUNTY FOR THE
COLLECTION AND DISBURSEMENT OF E911 FEES.
WHEREAS, the City of Miami desires to provide to citizens a
three digit emergency phone number as intended and outlined in
the Florida Emergency Telephone Act (Chapter 365.171, Florida
Statutes); and
WHEREAS, the City of Miami desires that Metropolitan Dade
County collect fees on its behalf from Southern Bell Telephone
and Telegraph Company; and
WHEREAS, Metropolitan Dade County will distribute to the
City of Miami the total amount received from Southern Bell
Telephone and Telegraph Company which represents E911 fees paid
by subscribers who are served by the City of Miami's E911 system,
less administrative costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement substantially in accordance with the terms
and conditions as set forth in the attached draft agreement with
Metropolitan Dade County for the collection and disbursement of
E911 fees.
PASSED AND ADOPTED this 21st day of July ,_148.
ATT
MATT HIRAI, CITY CLERK
XAVIER L. SPAAEZ
MAYOR
CITY COMMISSION
MEETING OF
JUL 21 1988
d�
RESOLUTION No.
J�
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
�J0R E L. FER A D Z
CITY ATTORNEY/
-2-
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 City of
, 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
and outlined in 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 hereby waives 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, SOUTHERN BELL Telephone and Telegraph Company (hereinafter
referred to as SOUTHERN BELL), Inc. will bill its subscribers for th-- �?11
fee, collect all E911 fees paid 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
funds or fees relating to its E911 system.
9h-'71:3
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 with
generally accepted accounting principles (GAAP) and provide ac*!ss
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
system fees paid by 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-
ports, as prepared by SOUTHERN BELL:
,9h-'713
N
P
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. A quarterly report that identifies the name, phone number and
address of all subscribers serviced by the CITY's E911 system
who have not yet paid the fees.
4. Make E911 system records and financial information available to the
CITY for audit purposes for a period of three (3) years.
ARTICLE III
TERM OF AGREEMENT
The initial period of this AGREEMENT shall be through September 30,
1988, and thereafter shall be subject to renewal each year by the joint
filing of a request for approval to the Florida Department of General
Services for levying the E911 system fee. Such action by both parties will
be deemed an automatic extension and renewal of this agreement and all of
its terms and conditions, and shall be subject to approval by the -
ment of General Services.
ARTICLE IV
INDEMNIFICATION AND HOLD HARMLESS
The CITY shall indemnify and hold the COUNTY harmless from any and 311
claims to the extent permitted by Chapter 768.28 of the Florida Statutes.
ARTICLE V
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.
9N-713,
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 Manage -
Attest:
Xssistant County Attorney epu y er
(Seal)
CITY OF
Approved as to form and By:
legal sufficiency city Manager
Attest:
City Attorney Clerk
(Seal)
Fife-71:3,
T 11 F 1
Tu
FROM
CITY UP' MIAMI, FLOIVICIA
INTEROFFICE MEMORANDUM
The Honorable Mayor and Members
of the City Commission
Cesar H. Odio
City Manager
FECOMMENDAI'ION:
°"IE JUL 13 1988 .,IE
SUDJCCr
Resolution Authorizing
an Interlocal Agreement
REFERENCES with Metro -Dade County
For the Collection and
ENCIOSURES Distribution of E911
Fops
It.is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement substantially in accordance with the terms and
conditions as set forth in the attached draft agreement in regard
to the collection of E911 fees by Metropolitan Dade County and
the disbursement of those fees to the City of Miami.
BACKGROUND
The General services Administration Department has met with
Metropolitan Dade County officials regarding the implementation
of the provisions of the Florida Emergency Telephone Act which
addresses the use of the E911, emergency telephone number and
coordinates the use of E911 across municipal boundaries. Under
the provision of this Act, in this area of Florida, Southern Bell
Telephone 6 Telegraph Company will bill its subscribers for the
E911 fee, collect all E911 fees paid and, subsequent to a one per
cent administrative cost, transfer the balance to the County. In
turn, the County will diskribute to the City the amount which
represents E911 fees paid by subscribers who are served by the
City's E911 system, less the City's portion of any common
expenses. This initial agreement will be renewable annually by
the State of Florida Department of General Services, upon the
joint filing of a request for approval by the City of Miami and
Metropolitan Dade County.
Attachment:
Proposed Resolution
.98-713__ 2 , -/
t 1.1 1_ — 1 - . _. •=• T I I F 1 • i . IF. iS "
METROPOLITAN DADE COUNTY, FLORIDA R�ii�IS
METRaDJ1D6 WWARP
METRO-DADE GEN?ER
e
Mr. Cesar Odio
City Manager
City of Miami
P.O. Box 330708
Miami, Florida 33233-0708
Dear Mr. Odio:
June 4, 1988
OFFICE OF COUNTY MANAGER
51JIIE 2910
t 11 N W 181 STAW
MIAMI, FLORIVA 3317E 1994
(305) 3t5 $311
R
C ,V �
JUN 10 lyhy
OFFICE Of rRE OIi,craj
The interlocal agreement between Metropolitan Dade County and
the City of Miami for the collection and distribution of E911
fees is hereby submitted for your consideration.
It is anticipated that this interlocal agreement with the four
cities with E911 systems, and the setting of the $.50 fee will
go to the Board of County Commissioners in .Tune.
Once the four copies are completed and signed, please forward
them to the County's E911 system Coordinator, Ms. Dale
Poster -Ellis, County Manager's Office, Metro -Dade Center, 1.11
N.W. 1st Street, Suite 2910, Miami, Florida 33128.
Any questions regarding this interlocal agreement or the E911
system should be addressed to Mrs. Poster -Ellis (375-1358).
Thank you for your cooperation and support in this matter.
Sincerely,
VTY
De �/ ni ht, Jr.
Inte im oun?y Manager
98-713.- 2