2015-38 Interlocal Agreement with Miami-Dade County Relating to Emergency 911 System Service Fees RESOLUTION NO. 2015 -38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
AVENTURA AND MIAMI -DADE COUNTY RELATING TO EMERGENCY
911 SYSTEM SERVICE FEES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City to
execute and otherwise enter into that certain agreement by and between the City of
Aventura and Miami -Dade County relating to Emergency 911 System Service Fees.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner Landman, who moved its
adoption. The motion was seconded by Commissioner Narotsky, and upon being put to
a vote, the vote was as follows:
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Enbar Cohen Yes
Mayor Enid Weisman Yes
Resolution No. 2015 -38
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PASSED AND ADOPTED this 2 day of June, 2015.
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,t�E ENID WEISMAN, MAYOR
ATTEST:
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ELLISA L. HORVATH gr
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNE
INTERLOCAL COOPERATION AGREEMENT
BETWEEN MIAMI -DADE COUNTY AND
THE CITY OF AVENTURA
FOR EMERGENCY 911 SYSTEM FUND
THIS AGREEMENT, made and entered into this / day of
�✓ / Ju /� , 2015, by and between Miami -Dade County, a political subdivision
of the State of Florida, (hereinafter referred to as the COUNTY), and the City of
Aventura, 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
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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 I
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 by the 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.
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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.
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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
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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.
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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/ , ayor JAUPatterson, Director Date
Miami -Dade Police Department .._.,..�
ATTEST: z = GOON" -
Harvey Ruvin, County Clerk D at
Miami -Dade County, Florida
APPROVED AS TO FORM AND LEGAL -
SUFFICIENCY:
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R. A. Cuevas, Jr., County Attorney ate
Miami -Dade County, Florida
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CITY OF AVENTURA:
Eric M. Soroka to
City Manager
Steve Steinberg Date
Chief of Police
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City Attorney Date
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