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HomeMy WebLinkAboutExhibit1NTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made and entered into this day of 2005 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 , 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 911 fee, collect all 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 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, and 3 NOW, THEREFORE, for and in consideration of the mutual premises and covenants herein contain, 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 to only allowable expenses as allowed by applicable law, including Section 365.171(13)(a)6, Florida Statutes. Restrict the use of Wireless 911 Fees to only allowable expenses as allowed by applicable law, including in Sections 365,171(13)(a)6, 365.172, and 365,173, Florida Statutes. 4. Pay for 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 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 1st 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. Maintain all financial records and accounts in accordance with generally accepted accounting principles (GAAP) and provide access to said accounts and records for auditing purposes upon reasonable notice from the beginning of this agreement to a period of three years after the termination of this Agreement. 2 8. Submit to the COUNTY, on or before December 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. ARTICLE 11 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. 4. Make COUNTY records related to Hardwire 911 Fees and Wireless 911 Fees available to the CITY for audit purposes for a period of three (3) years. ARTICLE III TERMINATION/MODIFICATION OF AGREEMENT Each party retains the right to terminate this AGREEMENT, without cause, provided written notice of forty-five days is given by U.S. mail. In addition, each party may terminate this AGREEMENT for cause upon 30 days written notice. Cause shall include a breach of the agreement, a violation of 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. 3 ARTICLE IV INDEMNIFICATION AND HOLD HARMLESS FTo the extent permitted by law and as limited by Section 768.28, Florida Statutes, the Town 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 Town, its employees, officers and agents. MDC shall promptly notify the Town of each claim, cooperate with the Town in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the Town'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 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. 4 ARTICLE VI 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. MIAMI-DADE COUNTY, FLORIDA Approved as to form and By: legal sufficiency George Burgess County Manager Assistant County Attorney Approved as to form and Attest:: Deputy Clerk (seal) CITY OF By: legal sufficiency City Manager City Attorney Attest:: Clerk (seal) 5