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2021 Interlocal Agreement for 9-1-1 ServicesINTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, FLORIDA AND THE CITY OF ATLANTIC BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is made and entered into as of this a (o_tday of�r r'1 , 2021, by and between THE CITY OF JACKSONVILLE, FLORIDA, a consolid ted municipal/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"). RECITALS: WHEREAS, in 2015, the parties made and entered into an Interlocal Agreement, City Contract #5629-58 (hereinafter referred to as the "Agreement" for the Project; and WHEREAS, said Agreement was in effect until September 30, 2019, and WHEREAS, said has not been previously amended, and WHEREAS, the Council of JACKSONVILLE, acting as the governing body of Duval County, Florida, 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; 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 are incorporated herein and are made a part hereof by this reference. 2. Calculation of the 9-1-1 Distribution 2.1 ATLANTIC BEACH shall receive a distribution proportion (hereinafter referred to as the "Distribution") of the 9-1-1 User Fee calculated by taking the total call taker salary only from ATLANTIC BEACH, multiplying that amount by the portion attributed to 911 calls versus administration calls not to include dispatching calls (if not available, the Jacksonville Sheriff's Office percentage will be utilized), and multiplying that amount by the five year weighted average of 9-1-1 calls (if calls are not segregated by emergency/non-emergency, then the Jacksonville Sheriffs Office average will be utilized). 2.2 If the available net revenues (total 9-1-1 revenue less 9-1-1 administration salaries & benefits and operating expenses) are greater than or equal to the total calculated Distributions of the five Public -Safety Answering Points (Jacksonville Sheriff's Office, City of Jacksonville Fire Department, City of Atlantic Beach, City of Jacksonville Beach, and City of Neptune Beach), then the entire Distribution will be available to ATLANTIC BEACH. If the available net revenues are less than the total calculated Distributions of the five Public Safety Answering Points (hereinafter referred to as "PSAPS"), then ATLANTIC BEACH will receive its pro rata share based on the percentage of its Distribution to the total calculated Distribution of the five PSAPS. 2.3 Tile maximum amount to be distributed by JACKSONVILLE as a result of this calculation for ATLANTIC BEACH for Fiscal Year 2019-2020 is "FIFTY SIX THOUSAND NINE HUNDRED THIRTY-TWO AND 00/00 DOLLARS ($56,932.00)". The maximum amount to be distributed by JACKSONVILLE as a result of this calculation to ATLANTIC BEACH for Fiscal year 2020-2021 is SIXTY EIGHT THOUSAND TWO HUNDRED FORTY AND 00/100 DOLLARS ($68,240.00). 2.4 The Distribution shall be remitted to the respective City Manager or Finance Director or his/her designee on a quarterly basis upon receipt of an invoice accompanied by supporting payroll documentation. 2.5 In each succeeding fiscal year, the Jacksonville Sheriffs Office will recalculate the Distribution to ATLANTIC BEACH by updating the information referenced in Sections 2.1 and 2.2. The Jacksonville Sheriffs Office 9-1-1 Coordinator will notify ATLANTIC BEACH of the maximum Distribution in the first quarter of the succeeding fiscal year. 3. The 9-1-1 User Fees collected and distributed as provided herein shall be utilized only for call taker salaries and associated expenses, as provided for in Section 365.172(9), Florida Statutes. 4. ATLANTIC BEACH, by accepting funds, hereby agrees to provide an audit or accounting of such funds and the manner in which they were expended in accordance with Section 11.45, Florida Statutes, 5. ATLANTIC BEACH hereby acknowledges full payment and performance under all prior agreements on this subject and hereby waives any right to assert any claim for failure of performance in prior years. 6. The salary period covered under this Agreement shall be retro -active to October 1, 2019, and shall be in effect from the date it is recorded on the Official Records of Duval County until September 30, 2024. 7, This Agreement may be terminated by either of the parties upon 90 days' written notice of such termination to the other parties to this Agreement. 8. JACKSONVILLE will record this Interlocal Agreement in the Official Records of Duval County, as required by Section 163.01 (11), Florida Statutes. 2 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: By:_ ___ James R. Me aC in, r. Corporation Secretary Form Approved: 1�� K % - fcc�olGneral Counsel CITY OF JACKSONV LE By:_ � #Le Mike William , Sheriff *Per Ord. Code 3 7. 101 3 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: i Donna L. Bartle, City Clerk 800 Seminole Road Atlantic Beach, FL 32233 STATE OF FLORIDA) )ss. COUNTY OF DUVAL) CITY OF ATLANTIC /BEACH By: -- Ellen Glasser, Mayor 800 Seminole Road Atlantic Beach, FL 32233 By: Shank Corbm, i Manag 800 Seminole oad Atlantic Beach, FL 32233 The foregoing instrument was acknowledged before me this day of evin eAC:11 r ##�t,�—' 2021, by Ellen Glasser, and onna L. Bartle, the Mayor, the`80%anager 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 Io me' or Produced a current driver's license as identification; or Produced as identification CSC -k 1327101 NI.-Atlantic6each ILA 19-20 120619.doc Donn (sign) (print) NOTARY PUBLIC " I My Commission exp' (N SE NE CALVERLEY MY COMMISSION # GG 974233 EXPIRES: July 29, 2024 funded Thru Notary ft k Undewbm Ell Contract Purchase Agreement Release 622265-21 tiff"M so Sold To City of Jacksonville 117 West Duval Street JACKSONVILLE, FL 32202 Bill To City of Jacksonville 117 West Duval Street, Suite 375 JACKSONVILLE, FL 32202 Notes Purchase Order 622265-21 Order Date 03 -MAY -2021 Change Order 0 Change Order Date 03 -MAY -2021 Revision 0 Ordered 68,240.00 USD Requisition Number PSSS-502177-21 Solicitation Number All packing slips, invoices, and correspondence must reference the purchase order number Supplier City of Atlantic Beach 800 Seminole Road JACKSONVILLE, FL 32233 Ship To Police Memorial Building 501 East Bay Street JACKSONVILLE, FL 32202 US Supplier Number Shipping Method 22053 Net 30 Freight Prepaid FOB Best Way Destinati on Buyer Olive Wallace Cohen Phyllis Leonard Email: owcohen@coj.net E-mail: phyllis.leonard@jaxsheriff.org Line Item Price Quantity UOM Ordered Taxable 1 Interlocal agreement for 911 services provided during 68,240.00 FY21 10701.552103.549040.000000.00000348.00000.0000000 This line references Document (Contract Purchase Agreement) POA -70834-21. Attachments Type File Name or URL Title Description File Interlocal Agreement Atlantic Interlocal Agreement Atlantic Beach Signed.pdf Ship To Promised 68,240.00 Police Memorial Building 501 East Bay Street Requested JACKSONVILLE, FL 32202 9/30/21 Requested Date correspond to the date of arrival at the Ship -to Location. Line Total 68,240.00 1 Contract Purchase Agreement Release 622265-21 Line Item Price Quantity UOM Ordered Taxable ® 68,240.00 This Order is subject to the General Conditions attached here to. Approved by Gregory Pease, Chief, Procurement Division Manufacturer's Federal excise tax exempt no 59-89-0120K Florida State sales and use tax exemption no. 85-8012621607C-8 `F' Contract Purchase Agreement Release 622265-21 GENERAL CONDITIONS 1. RESERVATIONS: The City reserves the right to cancel any contact, if in its opinion, then: be a failure at any time to perform adequately the stipulators of the Invitation to Bid, w in any cue of any attempt to willfully impose upon the City materials or products or workmanship which is, in the opinion of the City, often unacceptable quality. Any action taken in pursuance of this letter stipulation will not affect or impair any rights or claim of the City to damages for the breach of any covenants of the contact by the contractor. Should the contractor fail to comply with the conditions of this contact or fail to complete the required work or furnish the required materials within the time stipulated in the contact, the City reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recousse to provision of the faithful performance bond if such bonds were required. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, the City reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of the City thereby. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted Buyer reserves the right to terminate the Contract or Purchase Order at my time and for my recon by giving written notice to Contractor unless otherwise specified within the solicitation documents. If the Contract or Purchase Order is terminated for convenience as provided herein, Buyer will be relieved of all further obligation, other than payment for that amount of Goods or Services actually provided to the date of termination. 2. TAXES: The City of Jacksonville, Florida is exempt form the following lanes: (a) State of Florida Sales Tax by Certificate No 26-00-107377-54C; (b) Manufacturer's Federal Excise Tax Registration No. 59- 6000.344. 3. CARTAGE: No charge will be allowed for cartage or packages unless by spade) agreement. 4. GUARANTEE: The contractor will unconditionally guarantee the materials and workmanship on all equipment furnished by him for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified. If, within the guarantee period, my defects or signs of deterioration are noted, which, in the opinion of the City are due to faulty design and installation workmanship, or materials, upon ratification, the contactor, at his expense, will repair or adjust the equipment or parts to correct the condition, or he will replace the part or entire unit to the complete satisfaction of the City. Repots, replacements or adjustments will be made only at such times as will be designated by the City as lent detrimental to the operation of Citybusiness. S. PROCUREMENT DIVISION AS AGENT: When the Procurement Division is acting u agenic for "other public activities" being defined as activities receiving financial support, in part from the City, but not under the direct governing jurisdiction of the Consolidated Government, the name of such public activity will be substituted for the word "City". 6. OFFICE OF INSPECTOR GENERAL: The City of Jacksonville has established an Office of Inspector General, Section 602.310, Part 3, Chapter 602, Ordinance Code, as may be amended. The Inspector General's authority includes but is not limited to the power to: review put, present, and proposed City contacts, transaction, accounts, and records; require the production of records; and, audit, investigate, monitor, and inspect the activities of the City, its officials, employees, contactors, their subcontractors and lower tier subcontractors, and other parties doing business with the City and/or receiving City fords in order to ensure compliance with contact requirements and detect corruption and fraud Failure to cooperate with the Inspector General or interfering with or impeding my investigation shall be a violation of Section 602.309, Ordinance Cade. 7. ETHICS PROVISION FOR VENDORS/SUPPLIERS: The acceptance of a purchase order, represents that it has reviewed the provisions of the Jacksonville Ethics Code contained in chapter 602, Jacksonville Ordinance Code and the provisions of the Purchasing code contained in chapter 126, Jacksonville Ordinance Code. S. NONDISCRIMINATION PROVISIONS: As required by Section 126.404, Jacksonville Ordinance Code, contractor represents that it has adopted and will maintain throughout the team of this contract a policy of nondiscrimination or harassment against my person with ragard to rece, color, sex (including pmgnmcy), sexual orientation, gender identity or expression, religion, political affiliation, national origin, disability, age, marital status, veteran status, or my other impermissible factor in recruitment, hiring, compensation, training, placement, promotion, discipline, demotion, transfers, layoff, recall, termination, working conditions and related terms and conditions of employment. Contractor agrees that, on written request, it will permit reasonable access to it records of employment, employment advertisement, application forms and other pertinent data and secords, by the Executive Director of the Community Relations Commission, or successor agency or commission, for the purpose of investigation to ascertain compliance with the non-discrimination provisions of the Contact; provided however, that Contactor shall not be required to produce, for inspection, records covering periods of time more than one (1) year prior to the effective date of the Contract. Contractor agrees that, if my of the products or Services to be provided pursuant to the Contract are to he provided by a subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. 9. LEGAL WORKFORCE: Owner shall consider the employment, by Vendor/Contractor, of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall because for unilateral cancellation of the contact upon thirty (30) days' prior written notice of such cancellation, notwithstanding my otherprovisions to the contrary in the Specifications and other Contract Docurne b. Vendor/Contractor shall utilize the U.S. Department of Homeland Security's B -Verify system, in accordance with the terms governing we of the system, to confirm the employment eligibility of: a. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Jacksonville, Duval Comfy, Florida; and It. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the Contract with the Owner. 10. LICENSES REQUIREMENT: By acceptance of at Purchase Order issued by the City of Jacksonville agree to obtain and maintain all applicable Local, State and Federal licenses required by law. 11. ELECTRONIC PAYMENTS: Vendors are encouraged to enroll in the City of Jacksonville's Automated Clearing Howe ("ACH") electronic payment program. ACH allows for systematic direct payment to vendors. The ACH enrollment form can be downloaded at www.coi.net under the Online Farms link on the Finance Department page. 12. CONTRACTOR REPRESENTATION: If this Agreement is for goods or services of SI million or mom, the City, pursuant to Section 287.135(3)(c), Florida Statutes, may terminate this Agreement at City's option if Contractor. e. Is found to have submitted a false certification order Section 287.135(5), Florida Statutes; In. Has been placed on the Scrutinized Companies that Boycott Israel List crested pusuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Jsmel; c. Has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; or d Has been engaged in business operations in Cuba or Syria. 13. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contactor shall: a. Keep and maintain public records required by City to perform the services; and b. Upon request from City's cwtodim of public records, provide City with a copy of the requested records or allow records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, or as otherwise provided by law; and c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of this Contract if Contractor does not transfer the records to City; and d. Upon completion of this Contract, transfer to City at no cost all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public records to City upon completion of this Contract, Contractor shall destroy my duplicate public records that sm exempt or confidential and exempt from public records disclosure requirements. If Contactor keeps and maintains public records upon completion of this Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City upon request from City�s custodian of public records in a format that is compatible with City's information technology systems. The above requirements apply to a "Contractor" as defined in Section, 119.0701, Florida Statutes. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATTON OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT' THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (904) 630-7678; REQUESTQa COJ.NET; CITY OF JACKSONVILLE, PUBLIC RECORDS REQUEST, 214 N. HOGAN STREET, SUITE 1180, JACKSONVILLE, FLORIDA 32202. 14. PROMPT PAYMENT TO SUBCONTRACTORS AND SUPPLIERS: a. Generally - When Contractor receives payment from CITY for labor, services, or materials furnished by subcontractors and suppliers hired by Contractor, Contractor shall mmil payment due (less proper retainage) to those subcontractors and suppliers within 15 calendar days after Contractor's receipt of payment from CITY. Nothing herein shall prohibit Contractor from disputing, pursuant to the terms hereof, all or any porton of a payment alleged to be due to its subcontractors and suppliers. In the event of such a dispute, Contractor may withhold the disputed portion of my such payment only after Contractor has provided notice to CITY and to the subcontractor or supplier whose payment is in dispute, which notice shall: (i) be in writing; (ii) slate the amount in dispute; (iii) specifically describe the action required to cure the dispute; and (iv) be delivered to CITY and said subcontractor or supplier within 10 calendar days after Contractor's receipt of payment from CITY. Contractor shall pay all undisputed amounts due within the time limits imposed by this section. b. Jacksonville Small Emerging Business (JSEB) and Minority Business Enterprise (MBE) - Notwithstanding Chapter 126, Part 6 of the Jacksonville Ordinance Code (the "Code"), Contractor shall pay all contracts awarded with certified JSEB and MBE w defined therein their pro-mta share of thew earned portion of the progress payments made by CITY order the applicable contract within seven (7) business days after Contactors receipt of payment from CITY (less pmper retainage). The pro -rate share shall be based on all work completed, materials, and equipment furnished or services performed by the certified JSEB or MBE at the time of payment. As a condition precedent to progress and final payments to Contractor, Contractor shall provide to CITY, with its requisition for payment, documentation that sufficiently demonstrates that Contractor has made proper payments to its certified JSEB or MBE from all prior payment that Contactor has received from CITY. Contractor shall not unreasonably withhold payments to certified JSEB or MBE if such payments have been made to the Contractor. If Contractor withholds payment to its certified JSEB or MBE, which payment has been made by CITY to Contractor, Contractor shall return said payment to CITY. Contractor shall provide notice to CITY and to the certified JSEB or MBE whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to care the dispute; and (iv) be delivered to CITY and said subcontractor or supplier within five (5) calendar days after Contractors receipt of payment from CITY. Contractor shall pay all undisputed amount due within the time limits imposed by this section. The failure to pay undisputed amounts to the JSEB or MBE within 7 business days shall be a breach of contract, compensable by 1% of the outstanding invoice being withheld by the City as liquidated damages. Continued fsilum to adhere to this clause may be cause for termination. o. Third -Party Liability — The Prompt Payment requirements hereunder shall, in no way, create my contractual relationship or obligation between CITY and my subcontractor, supplier, JSEB, MBE, ar my third -party or create my CITY liability for Contractors failure to make timely payments hereunder. However, Contractors failure to comply with the Prompt Payment requirements shall constitute a material breach of its contractual obligations to CITY. Asa result of said breach, CITY, without waiving my other available remedy it may have against Contractor, may: (i) issue joint checks; and (ii) charge Contractor a 0.2% daily interest penalty or penalties specified in Chapter 126 of the Code for JSEB or MBE and Chapter 218, Florida Statutes, for non-JSEB or MBE, whichever greater. 15. PUBLIC EN'TI'TY CRIME INFORMATION: A person or affiliate who has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may net perform work as a contractor, supplier, subcontractor, or consultant under a contract with my public entity, and may not transact business with my public entity for a period of 36 months from the date of being placed on the convicted vendor list. 16. AUDIT PROVISION: A person or entity providing capital impmvements, contractual services, supplies, professional design services, or professional services purchased by the City pursuant to a method of purchase, unless otherwise provided herein, shall agree and be deemed to have agreed by virtue of doing business under contract with the City to all access and examination at all seasonable times by the Council Auditor or my duly authorized representative of the Council Auditor to business records directly pertinent to the transaction until the expiration of three years after final payment pursuant to the transaction. No examination shall be conducted until the Council Auditor has made a mcommendation to the Council President that the examination should or, in the alternative, should not be conducted and until the Council President bas approved the conducting of the examination. 17. W-9 REQUIREMENT: It is the vendors responsibility to ensure that the City has a current W-9 on file. 18. INDEMNIFICATION: a. The Contactor, its employees, agents and subcontractors shall indemnify, defend and hold hornless the City and/or it's wing agencies named in the contract documents, it's directors, officers, agents, representatives and employees, from and against any damages, liabilities, losses and costs, including but not limited to reasonable attorneys' fees to the extent caused by the Negligence, recklessness, or intentionally wrongful conduct of the Contractor, and other persons employed or utilized by the Contractor in the performance of this contract or the work performed thereunder. It. This indemnification is separate and apart from, and in no way limited by, my inurmce provided pursuant to this contract or otherwise. 19. INSURANCE: Each supplier shall maintain insurance coverage as stated in the Invitation to Bid for the entire term of this contract. All insurance certificates shall list the City of Jacksonville as an additional insured Bid number should be listed on certificate. 20. DELIVERY: A packing list shall accompany all shipments, which shall indicate, at a minimum, the following; purchase order number, item number and description, date of shipment, quantity ordered, and shipped, unit price, and unit of measure. 21. PICK UP AND RETURNS: The City reserves the right to return an order in whole or in part if the memhmdise is not in compliance with the specifications. The City or its agencies will determine compliance with bid specifications. Pick up and returns will be made within 48 bours of notification at no charge to the City or its agencies. 22. INVOICING: invoices will be issued once supplintservices are delivered and/or tendered to the City of Jacksonville or its agencies. Al a minimum, invoices must include; purchase order number or contract number, item number and description, date of shipment, quantity ordered and shipped, unit prices, unit of measure, and extended totals. Payment terns are Net 30 days. All original invoices shall be submitted to: City of lacksonville, General Accounting Division, 117 West Duval Street, Suite 375, Jacksonville, Florida 32202. 23. REPORTING: The City may request, reports including but not limited to; wage, pricing, and delivery. Suppliers will be required to provide reports requested in hard copy and electronic fomst as required 24. SUPPLIER ACCESSIBILITY: Ile City or its representative must be able to contact, during normal business hours, by telephone or email my supplier providing goods or services to the City or its agencies. Any supplier accessibility requirements outlined in the specifications supersede this section.