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2006-053 RESOLUTION NO. 2006-53 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 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 Vice Mayor Weinberg, who moved its adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb yes yes yes yes yes yes yes Resolution No. 2006---53 Page 2 PASSED AND ADOPTED this 12111 day of September, 2006. APPROVED AS TO LEGAL SUFFICIENCY: f~ CITY ATTORNEY EMS/tms , ~T S, MAYOR 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 Aventura, 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 365172, 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 365171, Florida Statutes (hereinafter referenced as "Hardwire 911 Fee"); and a separate account designated for funds received pursuant to the Wireless Emergency Communications Act, Section 365172, 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 365171(13)(a)6, 365172, 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 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. 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. 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! 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 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 76828, 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. 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 AVENTURA Approved as to form and legal sufficiency By: Eric M. Soroka City Manager David M. Wolpin City Attorney Attest Clerk (seal)