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911 Interlocal Agreement Amendment One 01-16-07 v AGENDA ITEM#4E JANUARY 22,2007 STAFF REPORT CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: E911 Contract with Jacksonville DATE: January 16, 2007 SUBMITTED BY: David E. Thompson, Chief of Police/DPS 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 $86,000 in 2006-07,to reimburse 911 Emergency Communications expenses in the Department of Public Safety. RECOMMENDATIONS: Staff recommends the approval of Amendment Number One to Interlocal Agreement for the distribution of 9-1-1 funds including the authorization for the Mayor to sign the paperwork. ATTACHMENTS: Interlocal Agreement from Ci of Jacksonville with signature pages REVIEWED BY CITY MANAGER: - AGENDA IT .M NUMBER: AGENDA ITEM#4E JANUARY 22,2007 Prepared by and Return to: Neill W.McArthur,Jr. Office of General Counsel 117 West Duval Street,Suite 480 Jacksonville,Florida 32202 AMENDMENT NUMBER ONE TO INTERLOCAL AGREEMENT THIS AMENDMENT NUMBER ONE TO INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into as of this day of , 2007, 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, the parties have previously made and entered into an interlocal agreement with respect to the Project, with a term from October 1, 2004 through September 30, 2009 (hereinafter referred to as the "Agreement"); and AGENDA ITEM#4E JANUARY 22,2007 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 2006-2007 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 should be amended by inserting references to Fiscal year 2006-2007; and by providing for a Fiscal Year 2006-2007 distribution to ATLANTIC BEACH, in an amount not-to-exceed $86,000.00; 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 ana valuable consideration, the parties agree as follows: 1. The above stated recitals are 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 Fiscal year distribution to ATLANTIC BEACH, in the amount not-to-exceed $86,000.00 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 Sheriffs 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 2006-2007 is EIGHTY- SIX THOUSAND AND 00/100 DOLLARS ($86,000.00)." 2 AGENDA ITEM#4E JANUARY 22,2007 3. Section 6, of said Agreement is amended, in part by providing for a retroactive effective date for this Amendment commencing October 1, 2006 and, as amended, shall read as follows: "6. The salary period covered by this agreement shall be retro-active to October 1, 2006, or the beginning of Fiscal Year 2006-2007. This Agreement shall be in effect from the date it is recorded in the Official Records of Duval County, until September 30, 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#4E JANUARY 22,2007 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 , 2007, 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 O produced a current driver's license as identification; or ❑ 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 Administration and Finance City Contract Number: Form Approved: Office of General Counsel 4 AGENDA ITEM#4E JANUARY 22,2007 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 Bussey, City Clerk Donald Wolfson, 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 , 2007, by Donald Wolfson and Donna Bussey, 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\lnterlocal Agreement with City,Atlantic Beach for 911 OGC Amendment#1.DOC 5