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911 Interlocal Agreement/Letters from City Attorney 01-30-98 v • r. �o 9.1.1 DispATcH cr DUVAL COUNTY 9-1-1 EMERGENCY TELEPHONE SYSTEM Date: January 30, 1998 To: Maureen King, Atlantic Beach City Cle Becky Engstrom Hanks, Neptune Biach •ity Clerk Bruce Corbitt, Jacksonville Beac. City erk From: Patricia Welte, 9-1-1 Coordinat .r ,--i`4 Re: 9-1-1 Inter-local Agreement -- 97798 I am returning an executed copy of the 9-1-1 Inter-local Agreement for your records. This Inter-local Agreement provides for the sharing of the 9-1-1 User Fee funds to pay for a portion of the salaries, training,and benefits for your 9-1-1 call-takers. Please contact me at 630-2317 if I can be of further assistance. Thank you for your cooperation. le NAS 111111 IIIj' 501 E. Bay Street, Jacksonville, Florida 32202 • (904) 630-2317 J wrz INTERLOCAL AGREEMENT WHEREAS, the parties hereto are the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, hereinafter referred to as the "Cities" and the City of Jacksonville; and WHEREAS, the parties have entered into dialogue pursuant to creating a distribution formula for dividing the proceeds collected 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; and WHEREAS, the Council of the City 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 present fiscal year 1997-98 and has authorized the fees collected to be used to fund an Interlocal Agreement wherein the Cities will receive their pro rata share to be used for lawful purpose; and WHEREAS, the parties hereto are entering into this Interlocal Agreement pursuant to and in compliance with the provisions of Section 365 . 171, Florida Statutes, NOW, THEREFORE, it is agreed: 1 . Each of the parties hereto shall receive a distribution proportion of the 9-1-1 User Fee calculated by taking the total Call-Takers actual salary expenditures from each IF- party, adding 30% for benefits and applying 9-1-1 call volume data to determine the amount of distribution. The maximum amount to be distributed as a result of this calculation is as follows : Neptune Beach $52, 834 Atlantic Beach $67, 206 Jacksonville Beach $134, 523 2 . Fees collected shall be remitted to the Tax Collector on behalf of Duval County and a salary reimbursement shall be remitted to the respective City Manager or Finance Director or his/her designee on a quarterly basis when the appropriate documentation has been submitted. 3 . The 9-1-1 User Fee collected and distributed as provided herein shall be utilized only for salaries and associated expenses, as provided for in Section 365. 171, Florida Statutes . 4 . Each party accepting funds hereby agreed to provide an audit or accounting of such funds and how they were expended in accordance with Section 11 . 45, Florida Statutes . 5. Each party hereto hereby acknowledges full payment and performance under all prior agreements on this subject and hereby waives any rights to assert any claim for failure of performance in prior years . - 2 - 4- ' Executed as of the dates indicated hereinbelow by the parties hereto. ATTES3,47 CITY OF JACKSONVILLE F By_: L John Delaney, Mayor C poration Secretary ' L iU14 «C , Date: //a ,f9 ATTEST: ATTEST: CITY OF JACKSONVILLE BEACH a,,_ 1 - 4.sc (1-_ - .505 .2...,...— Its Mayor 1By: r/ . � Its City Manager Date : )2- - S- q 7 ATTEST: CITY OF ATLANTIC BEACH _01.4A-Le1A./ B y: It Mayor 1144A/ILL4A47( Date: //- /0- C) 7 ATTEST: CITY OF NEPTUNE BEACH i&Cibt P aa ,ta./ 41 Cin%i£ B y: In compliance with the Charter of the City of Jacksonville, I do certify that there is an unexpended, unencumbered and unimpounded balance in the appropriation sufficient 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 -/6, a,77-v7, ‘/C1/."(1--)12 Form Approved: Assistant General Counsel a JENSEN & HOULD ATTORNEYS AT LAW 708 NORTH THIRD STREET POST OFFICE BOX 50457 JACKSONVILLE BEACH.FLORIDA 32240-0457 Alan C.Jensen Telephone(904)246-2500 Stephen A. Hould Fax(904)246-9960 October 29 , 1991 Glenn E. Cohen, Esquire Barnes, Barnes & Cohen, P.A. 1843 Atlantic Boulevard Jacksonville, Florida 32207 Re: City of Atlantic Beach vs. Oak Harbor Dear Glenn: Yesterday T. received several documents relating to financial information in regard to the Oak Harbor purchase. They include an economic valuation prepared by Rachlin & Cohen in April, 1988 ; estimated cash flow prepared by Touche Ross in July, 1988 ; projected cash flow for ten years apparently prepared by Touche Ross in October, 1988; and allocation of expenses by BH&R; memo of October 24 , 1988 from Finance Director to City Manager; hand written notes prepared by Finance Director; Minutes from May 9, 1988 Commission meeting regarding values of Oak Harbor utilities system; cash flow projected dated September 12 , 1988 ; analysis of expenses and allocation dated April 22 , 1988 ; and Gee and Jenson opinion regarding system repair costs dated July 26, 1988 . I have also enclosed the independent auditors ' report for City of Atlantic Beach dated September 30, 1989 and September 30, 1990, which contain pertinent information regarding the Oak Harbor system. Apparently these documents, together with those previously forwarded to you, are all documents and information previously requested by you. As I mentioned earlier, I think it is very important for you to meet with Mayor Gulliford. He indicated to me last night that he was unable to make one previously scheduled meeting with you, but is available to meet in the near future. Thereafter, meetings with the Finance Director, and whoever else is necessary in order for you to complete your investigation and evaluation regarding potential legal action, should be done. I will be happy to assist in arranging any such meetings. • , .. • z .: i ntJ --il.f`f -�GMiLm�'i[3,+i$t3�laf${S�n 6P,.dw RS"fTL'«.eLrr � Z" ?f•27"'iAK . Glenn E. Cohen, Esquire October 29, 1991 Page 2 Please let me hear from you at your earliest convenience_ Thank you very much. Very u. ly yours, Ala C. Jensen ACJ/f e / Enclosures cc: Kim Leinbach, City Manager Mayor William I. Gulliford, Jr. tin 19 1 BARNES, BARNES 8c COHEN, P.A. ATTORNEYS AT LAW 1843 ATLANTIC BOULEVARD JACKSONVILLE, FLORIDA 32207 ROBERT M. BARNES.II TELEPHONE CHALMERS H. BARNES.FLA.a GA (904)396-5181 GLENN E.COHEN May 30, 1991 FAX LANCE D.CRAWFORD (904)346-3596 Hon. William I . Gulliford, Jr . Mayor, City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, FL 32233 Re: City of Atlantic Beach v. Oak Harbor Water & Sewer Treatment Plant, et al Dear Bill: This letter confirms my recent meeting with you and Alan Jensen concerning my firm' s representation of the City of Atlantic Beach in a potential action for damages resulting from the purchase of the subject treatment plant. I am flattered that I would be asked to litigate this matter, and I would very much like to represent the City in this case. Pending receipt of the collaborating documents that I have requested, my firm would be willing to undertake the representation under the following terms: 1 . We would charge an hourly fee of $100.00 per hour versus a 33 1/3 per cent contingency fee. 2 . The hourly charges would be limited to a total of $30,000.00 excluding all costs if the case was lost; otherwise, the higher of the hourly rate versus the contingency would apply. 3 . All costs would be paid as they are incurred by the City of Atlantic Beach. Again, thank you for considering my firm in this most important matter and we look forward to hearing from you very soon. Very truly yours, BA' ES, BARNES & COHEN, P.A. Glenn E. Cohen GEC:hfk CC: Mr. Alan C. Jensen