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Agenda Item 8BAGENDA ITEM # 813 JANUARY 14, 2013 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: 9 -1 -1 Inter -Local Agreement FY 2013 DATE: December 19, 2012 SUBMITTED BY: Michael D. Classey - Chief of Police Duval County collects a user fee on all telephone lines in the county to offset the expenses of providing E911 services. Jacksonville purchases the E911 emergency equipment for the answering stations including the three beach cities. Each year, Jacksonville reimburses the cities of Atlantic Beach, Neptune Beach, and Jacksonville Beach 30 % of their personnel costs for Emergency Communication Operators. We have agreed on a reimbursement of the expenses for emergency communications based on 30% of the calls attributed to E911. On a quarterly basis, the cities provide documentation of their emergency communications expenses including salary, benefits, and training. Jacksonville reimburses 30% of those costs. The number in the attached paperwork is a "not to exceed" figure. The amount is based upon last year's actual expenses and the number is inflated by 8% to assure that it will cover the reimbursements over the next year. The actual reimbursement will be based on the actual expenses incurred by The City of Atlantic Beach. BUDGET: The net effect of this contract is that it will provide up to $86,200 in revenue to the City of Atlantic Beach over the next year. RECOMMENDATIONS: Staff recommends the approval of the Inter -Local Agreement Amendment for the Distribution of 9 -1 -1 Funds for Call -Taker Salaries, including the authorization for the Mayor and City Manager to sign the paperwork. ATTACHMENTS: Letter from Sheriff John Rutherford Jacksonville Sheriff's Office, Amendment Number three to: Inter -Local Agreement from City of Jacksonville with signature pages. VIEWED BY CITY MANAGER: AGENDA ITEM # 813 JANUARY 14, 2013 John H. Rutherford Sheriff December 14, 2012 City of Atlantic Beach Attention Mayor Louis Borno, Jr. 800 Seminole Road Atlantic Beach, FL 32233 Reference: Amendment No.3 to 911 Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach, Florida Dear Mayor Borno: Forwarded herewith are three (3) originals of the above referenced Amendment No. 3 to Contract No., 5629 -46 between the City of Jacksonville and the City of Atlantic Beach, Florida. Please have all copies executed and return with proper attestation to my attention. Sincerely, JOHN H. RUTHERFORD SHERIFF I✓ -Z--1 L,-e- William J. Clement, CPA Procurement .& Contracts Manager ENCLOSURE, A Nationally Accredited Agency An Equal Opportunity Employer AGENDA ITEM # 813 JANUARY 14, 2013 9 -1 -1 User Fee Distribution in Fiscal Year2012 -2013 THIS AMENDMENT THREE TO INTERLOCAL AGREEMENT is made and entered into as of this day of , 2012, by and between THE CITY OF JACKSONVILLE, FLORIDA, a consolidated mu ricipal/county government, making the General Services District (hereinafter referred to as "JACKSONVILLE ") and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, within the General Services District (hereinafter referred to as "ATLANTIC BEACH ") for the purpose of distributing proceeds collected and set aside via the 9 -1 -1 User Fee to be used to pay a portion of the salaries and related expenses for 9 -1 -1 Call Takers for that portion of their time spent answering and handling 9 -1 -1 calls under the provisions of Section 365.172 (9), Florida Statutes, as authorized to be imposed by the governing body of Duval County (hereinafter referred to as the "Project "). WHEREAS, in 2009, the parties have made and entered into an Interlocal Agreement, City Contract #5629 -46 (hereinafter referred to as the "Agreement" for the Project; and WHEREAS, said Agreement will be in effect until September 30, 2014, and WHEREAS, said Agreement has been amended two (2) times-previously: and WHEREAS, the Council of JACKSONVILLE, acting as the governing body ofDuval County, Florida, has maintained the 9 -1 -1 User Fee at $.44 per month for the period from October 1, 2012 through September_ 30, 2013 ( "Fiscal Year "2012 - 2013), and has authorized the fees collected to be used to fund an Interlocal Agreement wherein ATLANTIC BEACH will receive its pro rata share to be used for lawful purposes; and WHEREAS, said Agreement should be amended, for Fiscal Year 2012 -2013 by updating 2012 -2013 dates and distribution amounts with all other provisions, terms and conditions of said Agreement remaining unchanged; now therefore IN CONSIDERATION of said Agreement and the mutual promises and covenants herein contained and for other good and valuable consideration, acknowledged, by the parties to be legally sufficient, the parties agree to amend said Agreement as follows: 1. The above stated recitals are accurate, true and correct and, by this reference, are incorporated herein and are made a part hereof. 2. Section 2, of said Agreement is amended, in part, by providing for a Fiscal Year 2012 -2013 distribution of $86,200.00 to ATLANTIC BEACH and, as amended, shall read as follows: 1 AGENDA ITEM # 813 JANUARY 14, 2013 2. ATLANTIC BEACH shall receive a distribution proportion of the 9 -1 -1 User Fee calculated by taking the total Call- Takers actual salary expenditures from ATLANTIC BEACH, multiplying that amount by 30% (based on call volume data provided by each PSAP agency) and adding 30% for benefits and training. The Sheriff's Office may also include other factors such as changes in the 9 -1 -1 call volume data, percentage and inflationary increases or decreases, and the impact of wireless calls on each agency, to determine the distribution amount. The maximum amount to be distributed by JACKSONVILLE as a result of this calculation for ATLANTIC BEACH for Fiscal Year 2012 -2013 is EIGHTY -SIX ONE THOUSAND TWO HUNDRED AND 00 /100 DOLLARS $86,200)" 3. Section 6, in said Agreement, is amended, in part to revise dates to reflect the Fiscal Year 2012 -2013 and, as amended, shall read as follows: "6. The salary period covered by Amendment Number Three to Agreement shall commence retroactively to October 1, 2012 which is the beginning of Fiscal Year - 2012 -2013. This Agreement shall become effective on the date it is recorded in the Official Records of Duval County, and shall remain effective through September 30, 2014." 4. JACKSONVILLE will record this Amendment Number Three to Interlocal Agreement in the Official Records of Duval County, as required by Section 163.01(11), Florida Statutes. SAVE AND EXCEPT for the express amendments provided in this instrument, the provisions, terms and conditions of said Agreement shall remain unchanged and shall continue in full force and effect. [Remainder of page intentionally left blank. Signature page follows immediately.] AGENDA ITEM # 813 JANUARY l 4, 20 ] 3 IN WITNESS WHEREOF, the City of Jacksonville, by and through its respective authorized representatives, has caused this Agreement to be executed on the day and year first above written. ATTEST: C James R. McCain, Jr. Corporation Secretary STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITE' OF JACKSONVILLE Alvin Brown, Mayor The foregoing instrument was acknowledged before me this day of 20_, by Alvin Brown and James R. McCain, Jr., the Mayor and Corporation Secretary respectively, of the City of Jacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ❑ are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) In compliance with the Ordinance Code of the' City of Jacksonville, I do hereby terrify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance City Contract Number: Form Approved: Office of General Counsel 3 AGENDA ITEM # 813 JANUARY 14, 2013 IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives, has caused this Agreement to be executed on the day and year first above written. ATTEST: C Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF ATLANTIC BEACH Louis Borno, Jr., Mayor 800 Seminole Road Atlantic Beach, FL 32233 By: Jim Hanson, City Manager 800 Seminole Road Atlantic Beach, Florida 32233 The foregoing instrument was acknowledged before me this day of , 205 by Louis Borno, Jim Hanson and Donna L. Bartle, the Mayor, the City Manager and the City Clerk, respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) ■ ■ ■ are personally known to me; or produced a current produced driver's license as identification; or as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G: \Gov't Operations \NEILLM\CONTRACT\ATLANTIC BEACH Agreement EXECUTION ORIGINAL Amd #2 for 2011 -2012 ILA Atlantic Beach (3).doc n