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911 Interlocal Agreement Amendment Three Agenda Item 01-12-09 v AGENDA ITEM#4B JANUARY 12,2009 STAFF REPORT CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: E911 Contract with Jacksonville DATE: December 10,2008 SUBMITTED BY: David E. son,Assistant City Manager BACKGROUND: 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 the costs. The reimbursement is based on the actual expenses incurred by each city. Each year,Jacksonville reviews the actual reimbursements to Atlantic Beach. They typically add 8%to that number for the following year. If there is a special reason for anticipating reimbursement above the 8%,then Jacksonville will make adjustments accordingly. BUDGET: This will provide revenue to the City of Atlantic Beach,not to exceed $100,315.00 in 2008-09,to reimburse 911 Emergency Communications expenses in the Police Department. RECOMMENDATIONS: Staff recommends the approval of Amendment Number Three to Interlocal Agreement for the distribution of 9-1-1 funds including the authorization for the Mayor to sign the paperwork. ATTACHMENTS: Amendment Number Three To Interlocal Agreement Between the City of Jacksonville and the City of Atlantic Beach with signature pages REVIEWED BY CITY MANAGER: —101► AGENDA IT " NUMBER: AGENDA ITEM#4B JANUARY 12,2009 Prepared by and Return to: Neill W.McArthur,Jr. Office of General Counsel 117 West Duval Street,Suite 480 Jacksonville,Florida 32202 AMENDMENT NUMBER THREE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE,FLORIDA AND THE CITY OF ATLANTIC BEACH,FLORIDA THIS AMENDMENT NUMBER THREE TO INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of this day of , 2008, by and between THE CITY OF JACKSONVILLE, FLORIDA, a consolidated municipal/county government, making the General Services District (hereinafter referred to as "JACKSONVILLE") and THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation, with in 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 365.171, Florida Statutes, as authorized to be imposed by the governing body of Duval County (hereinafter referred to as the "Project"). The parties to this Agreement are: WITNESSETH: WHEREAS, pursuant to City of Jacksonville Resolution 2004-1315-A, the parties have previously made and entered into an interlocal agreement with respect to the Project (City of Jacksonville Contract # 5629-34, with a term commencing October 1, 2004 and ending September 30, 2009(hereinafter referred to as the"Agreement"); and AGENDA ITEM#4B JANUARY 12,2009 WHEREAS, the Council of JACKSONVILLE acting as the governing body of Duval County, Florida has maintained the 9-1-1 User Fee at $.44 per month for the Fiscal Year 2008- 2009 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 purpose; and WHEREAS, said Agreement has been amended two (2) times previously by creating individual agreements with each Beach City; by inserting references to the new fiscal years and by providing an updated fiscal distribution for ATLANTIC BEACH; and WHEREAS, said Agreement should be further amended by inserting references to Fiscal year 2008-2009; and by providing for a Fiscal Year 2008-2009 distribution to ATLANTIC BEACH, in an amount not-to-exceed $100,315.00; with all other provisions, terms and conditions of said Agreement remaining unchanged; now therefore IN CONSIDERATION of the mutual promises and covenants herein contained and for other good and valuable consideration,the parties agree 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 to provide for a 2008-2009 fiscal year distribution to ATLANTIC BEACH, in the amount not-to-exceed $100,315.00 and, as amended, shall read as follows: "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, 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 2008-2009 is ONE HUNDRED THOUSAND, THREE HUNDRED FIFTEEN AND 00/100 DOLLARS ($100,315.00)." 3. Section 6, of said Agreement is amended, in part by providing for a retroactive effective date for this Amendment commencing October 1, 2008 and, as amended, shall read as follows: "6. The salary period covered by this agreement shall be retro-active to October 1, 2008, or the beginning of Fiscal Year 2008-2009. This Agreement shall be in effect from the date it is recorded in the Official Records of Duval County, until September 30, 2009." 2 AGENDA ITEM#4B JANUARY 12,2009 SAVE AND EXCEPT, as expressly amended, in this instrument, the provisions, terms and conditions of said Agreement shall remain unchangesd and shall continue in full force and effect. [Remainder of page intentionally left blank. Signature page follows immediately.] 3 AGENDA ITEM#4B JANUARY 12,2009 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: CITY OF JACKSONVILLE By: By: Neill W. McArthur, Jr. John Peyton, Mayor Corporation Secretary STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of 2008, by John Peyton and Neill W. McArthur,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 0 produced a current driver's license as identification;or 0 produced 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 certify 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: 5629-34 Form Approved: Office of General Counsel 4 AGENDA ITEM#4B JANUARY 12,2009 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: CITY OF ATLANTIC BEACH By: By: Donna Bartle, City Clerk John S. Meserve, Mayor 800 Seminole Road 800 Seminole Road Atlantic Beach, FL 32233 Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this day of 2008, by John S. Meserve and Donna Bartle, the Mayor 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 driver's license as identification;or ❑ produced as identification (Sign) (Print) NOTARY PUBLIC My Commission expires: (NOTARIAL SEAL) G:\Gov't Operations\NEILLM\AGREEMENTS\Interlocal Agreement City,Atlantic Beach Amd#3 for 911.DOC 5