HomeMy WebLinkAboutR-2020-096 City Authorizing to Execute an Interlocal Agreement (''ILA'') w/ County Relating to Entry Into a First Amendment to the Agreement & Authorizing the City's Participation in the Consolidated RESOLUTION NO. 2020-096
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD
COUNTY RELATING TO ENTRY INTO A FIRST AMENDMENT TO THE
AGREEMENT AND AUTHORIZING THE CITY'S PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Broward County and the City of Dania Beach desire to enter into a First
Amendment to an Interlocal Agreement ("ILA") providing for cooperative participation in a
consolidated regional E-911 communication system,and providing for a cooperative participation in
a regional public safety intranet; and
WHEREAS, the County owns and oversees the regional E-911 consolidated
communications system, which provides for the operations and technological infrastructure to
support 911 call talking,computer-aided dispatch,and other functionality necessary for the operation
of public safety answering points, as well as countywide interoperable public safety intranet that
supports closest unit response in life-threatening emergencies and regional specialty teams; and
WHEREAS, the vast majority of municipalities within Broward entered into the original
joint participation agreement,including Dania Beach in 2013,in order to promote the public health,
safety, and general welfare by improving the safety of first responders and persons residing or
traveling in Broward County,eliminating or reducing calls transfers that result in delayed responses,
and facilitating the migration to consolidated new technologies and other benefits; and
WHEREAS, via an "Operator Agreement" executed between the County and Broward
Sheriff's Office(BSO),BSO provides its services to staff and operate the regional communications
systems for the services listed in this agreement, and the County and BSO seek to update the
performance standards to conform with best practices recommendations to ensure compliance with
Criminal Justice Information System (CIIS) or Florida Department of Law enforcement (FDLE)
requirements to establish an engagement process, to permit municipalities to procure special
municipal services above the base level of services,and to clarify the division of responsibilities of
the parties; and
WHEREAS,Broward County,the Fire Department and BSO have come to an agreement as
to the contents of this First Amendment to the ILA; and
WHEREAS,the terms of the First Amendment will not create an immediate impact to the
level of service or cost to the City,however,should the County and BSO at a future date,determine a
different base level of service, and should the City decide that the base level of service is not the
level of service sought by the City,at that time,the City,were it to insist on a greater level of service,
would be responsible for the associated costs with that greater level of service; and
WHEREAS,for the Fire Department and BSO to provide services to the City,the City needs
to participate in this E-911 service system for police and fire protection purposes,and the County and
BSO agree as to the terms of this First Amendment; and
WHEREAS,the City desires to participate in this First Amendment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the First Amendment
to the Interlocal Agreement (ILA) with Broward County related to providing for cooperative
participation in a consolidated regional E-911 communication system, and providing for a
cooperative participation in a regional public safety intranet, subject to final review and approval of
the ILA by the City Attorney.
Section 3. That the City Manager and City Attorney are authorized to make revisions to
the ILA as are deemed necessary and proper for the best interests of the City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.-
Section 5. That this Resolution shall become effective immediately upon its passage and
adoption.
2 RESOLUTION#2020-096
PASSED AND ADOPTED on September 14, 2020.
ATTEST: ��p► B��
� r
•
THOMAS SCHNEIDER, CMC 4-4WRfiLEN
CITY CLERK MAYOR
get►sW�ti
APPROVED AS TO FORM AND CORRECTNESS:
9 !
THOMAS�. ,AN B O
CITY ATTORN y
3 RESOLUTION#2020-096
FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND
THE PARTICIPATING MUNICIPALITY FOR PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM
AND
FIRST AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF PROVIDING FOR COOPERATIVE PARTICIPATION IN A
REGIONAL PUBLIC SAFETY INTRANET
This First Amendment ("First Amendment") is entered into by and between Broward
County, a political subdivision of the State of Florida ("County"), and the municipality identified
on the signature page below ("Municipality" or"City") (collectively County and Municipality are
referenced as the "Parties").
RECITALS
A. County owns and oversees the regional E-911 consolidated communications
system ("System"),which provides for the operations and technological infrastructure to support
911 call taking, computer-aided dispatch, and other functionality necessary for the operation of
public safety answering points ("PSAPs"), as well as a countywide interoperable public safety
intranet that supports closest unit response in life-threatening emergencies and regional
specialty teams.
B. The vast majority of municipalities within Broward County entered into the
Agreement Between Broward County and the Participating Municipality for Participation in the
Consolidated Regional E-911 Communications System, dated on or about September 30, 2013
("Participation Agreement"), in order to promote the public health, safety, and general welfare
by improving the safety of first responders and persons residing or traveling in Broward County,
eliminating or reducing call transfers that result in delayed responses, and facilitating the
migration to consolidated new technologies, among other benefits.
C. In conjunction with entering into the Participation Agreement, each municipality
also entered into a Regional Interlocal Agreement("RILA")with County to allocate responsibilities
for the deployment of technical resources and responsibilities for the countywide public safety
communication systems.
D. Pursuant to an Operator Agreement (as amended, the "Operator Agreement")
executed between County and the Broward Sheriff's Office("BSO"), County engaged the services
of BSO to staff and operate the regional PSAPs for call-taking, teletype (queries only), and
dispatch services. County and BSO intend to amend the Operator Agreement to continue the
services of BSO as the Operator of the System, to update the performance standards as
recommended by Fitch & Associates, to ensure compliance with Criminal Justice Information
System (CJIS) or Florida Department of Law Enforcement (FDLE) requirements, to establish an
engagement process, to permit municipalities to procure special municipal services above the
First Amendment Participation Agreement and RILA Page 1 of 12
base level of services otherwise provided by the Operator, and to clarify the division of
responsibilities of the parties.
E. County and Municipality desire to amend the Participation Agreement to
acknowledge and adopt the updates to the Operator Agreement and the operation of the System
including updated performance standards, current policies and standard operation procedures,
revised engagement process and role of the operational review teams, and the demarcation
points for the updated fire station alerting system, and to amend the RILA to remain consistent
with the Participation Agreement.
Now,therefore,for good and valuable consideration,the receipt and adequacy of which
are hereby acknowledged, County and Municipality agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this First Amendment shall retain the meaning
ascribed to such terms in the Participation Agreement.
2. Except as modified herein, all terms and conditions of the Participation Agreement and
the RILA remain in full force and effect. Amendments are indicated herein by use of
strikethroughs to indicate deletions and bold/underlining to indicate additions.
3. The effective date of this First Amendment shall be January 1, 2021.
4. The Parties agree and approve that both the Participation Agreement and the RILA are
intended, and shall be interpreted,to provide for the following delineation of responsibilities for
the System: County is the owner and provider of the Consolidated Regional E-911
Communications System; Operator is engaged by County to provide System Services to the
Participating Communities, including call-taking, dispatching, and teletype (queries only); the
Operational Review Team (ORT) is responsible for review of operational issues that may affect
field operations of the fire and law disciplines and communicating these issues to the
stakeholders.
Amendments to the Participation Agreements
5. Article 2, Definition, of the Participation Agreement is amended as follows:
2.1 Administrator. The term "Administrator" or "County Administrator" shall mean
the County Administrator of Broward County government by the Charter of Broward
County, Florida.
Agreement. The term "Agreemer;rsh-all-mean this AAgfeementbetweees-COUNTY
-..d- M.1 INIGIPAI iry
First Amendment Participation Agreement and RILA Page 2 of 12
24 2_2 Administrative Call. The term "Administrative Call" shall mean a call received in a
Host PSAP that is not an Emergency Call or a Non-Emergency Call and is specific to a
Participating Community. An Administrative Call is not part of the Consolidated Regional
E-911 Communications System responsibility.
2.3 Base Level of Services. The minimum level of System Services provided to all
Participating Communities by the Operator of the System that meets the following
requirements: (1)call intake staffed at a level to provide that 90%of all emergency calls
arriving at a PSAP are answered within 3 to 5 seconds; Vi) a single radio talk group,
staffed by a single radio operator, should not, during any four-hour block of time,
exceed a weighted 0.4 Erlanas or a weighted answer delay of 10 seconds or greater;
(iii)sufficient to support retention of Operator's emergency medical dispatch,
emergency fire dispatch, and emergency police dispatch certifications; (iv) staffed at a
level to provide supervision of dispatch operators on a ratio of 6:1 (dispatch operators
to supervisor);and(v)County-provided independent qualitative performance review of
call-takers and dispatchers. Base Level of Services shall not include any special services
that are separately negotiated or purchased by a Participating Community.
2.12 Non-Emergency Call. The term "Non-Emergency Call" shall mean a call Feeeived
Host °S^12 that does not require an immediate response from law enforcement,fire
rescue,or EMS call for service dispatch,.or any combination thereof.
6. Section 2.16 of the Participation Agreement is amended as follows:
2.16 Participating Communities. The term "Participating Community" or "Participating
Communities" shall mean the municipal corporation or corporations existing under the
laws of the state of Florida, located within the County,that enter into this St-and-ard an
aAgreement with County for Oarticipation in the Consolidated Regional E-911
Communications System in substantially the form of this Agreement,as amended.
7. Section 4.1 of the Participation Agreement is amended in relevant part as follows:
4.1 County shall operate, or contract to operate, a Consolidated Regional E-911
Communications System, for County's unincorporated area, Port Everglades, and Fort
Lauderdale-Hollywood International Airport, and Participating Communities that
provides the Base Level of Services to all Participating Communities. The Consolidated
Regional E-911 Communications System shall be implemented through County
government. County shall provide for the management, administration, oversight, and
operations of the Consolidated Regional E-911 Communications System. Operational
data shall be reviewed on an annual basis, and results from the review will be used as
the basis for determining the staffing level for System Services to support the Base Level
of Service for the subsequent fiscal year. No dispatch consolidation modifications
First Amendment Participation Agreement and RILA Page 3 of 12
relative to System Services for any Participating Community shall be made based upon
the element of Base level of Services identified in Section 2.300 (namely, the answer
delay in a four-hour block of time for a single radio talk group staffed by a single radio
operator)("Consolidated Talk Group Change")until an analysis is completed by Fitch&
Associates (or other consultant competitively procured by County) based upon no less
than twelve(12)months of operational data after the cutover to the P25 digital trunked
simulcast radio system. Furthermore, County shall provide the affected Participating
Communities with said data and the proposed Consolidated Talk Group Change at least
thirty (30) days prior to any such modification. Within that thirty (30) day period,
County shall meet with the public safety officials of the affected Participating
Communities to seek mutual acceptance of the proposed Consolidated Talk Group
Change. In the event mutual acceptance is not achieved, the proposed Consolidated
Talk Group Change will go through the engagement process for final resolution. The
System shall operate in accordance with policies, rules, and procedures approved
through County workgroues, governance, and/or technical boards created to improve
the communications infrastructure and overall Consolidated Regional E-911
Communications System. The System shall ^ Fate subjeet +^ the r R*rgl iRteF al
eperatiog--r�les agd regulatieRs—ef E91ARty. County, Operator, and Participating
Communities agrees to comply with the requirements of the applicable Management
Control Agreements relating to the Regional Public Safety
Infrastructure at Hest PSAD'4
8. Section 4.3 of the Participation Agreement is amended in relevant part as follows:
. . . Participating Communities that have a Host PSAP location within their City Limits agree
to enter into an agreement with AyeFatef the Broward Sheriff's Office to authorize the
use of the Participating Community's FDLE router. All applicable parties, including
County, Operator, Broward Sheriffs Office, and Participating Community, agree to
comply with all applicable Criminal Justice Information System (CJIS) and Florida
Department of Law Enforcement (FDLE) requirements, and County and Participating
Community each agree to enter into agency user agreements, security addendums or
other agreement(s),as required for US compliance,and ensure that its employees and
vendors with access to criminal justice information or systems similarly cooperate and
comply with UIS requirements, including execution of any necessary security
addendums or other agreements and routinely providing updated security and
employee information as required for UIS compliance.
9. Section 4.4 of the Participation Agreement is amended in relevant part as follows:
4.4 As set forth in the agreement between County and the Operator,which includes
an engagement process for the participation of public safety organizations within
Broward County, County shall establish operation and efficiency performance standards
for the Consolidated Regional E-911 Communications System's operations and create a
time schedule for implementing and meeting the efficiency and performance criteria.The
First Amendment Participation Agreement and RILA Page 4 of 12
operation and efficiency performance criteria for the System _(the "Standards") shall be
as set forth Pen Exhibit " " " "
he a., effee-4-fe.eall. received on the 911 tele,.4,ene lines of a Host PSAD in the agreement
between County and Operator. Any change in the Standards must be approved in
advance by County and the Operator in accordance with the Operating Agreement,and
by a simple maiority vote of the Fire Chiefs and the Police Chiefs of all Participating
Communities. County shall require in any contract it enters into with an Operator of the
System that such Operator shall meet or exceed the Standards. . . .
10. Section 4.7 of the Participation Agreement is amended in relevant part as follows:
4.7 The COUNTY shall be responsible forthe establishment,coordination,and support
of any workgroup, governance and/or technical boards created for the purpose of
improving the County's regional communications infrastructure and overall Consolidated
Regional E-911 Communications System. Membership of any such workgroup or boards
may include, but not be limited to, representatives from COUNTY, Participating
Communities, and Operator. The Operational Review Team (ORT) shall consist of
three(3) members appointed by the Fire Chiefs Association, three (3) members
appointed by the Police Chiefs Association, and one (1) member appointed by the City
Managers Association. The ORT shall review and recommend operational changes that
may affect first responders (as defined in Section 112.1815(a), Florida Statutes) to
improve the operation of the System, to the extent necessary, in accordance with the
Engagement Process set forth in Exhibit C. The Participating Communities hereby
appoint the ORT to act in accordance with the Engagement Process on behalf of the
Participating Communities collectively as set forth in Exhibit C. County may condition
any requested service above Base Level of Services on the applicable Participating
Community(ies)funding any increased operational or equipment costs; no Participating
Community shall be obligated to pay any additional amount for System Services above
Base Level of Services without the prior written consent of that Participating
Community.
11. Exhibit B is deleted from the Participation Agreement, and all references to the original
Exhibit B are amended to omit such reference.
12. The Participation Agreement is amended to include Exhibit C as attached hereto.
Amendments to the Regional Interlocal Agreements
13. Section 2.19 of the RILA is hereby amended as follows:
2.19 City shall follow all RPSI Trunked Radio System policies and standard operating
procedures in place at the time of this Agreement, a list^{•"•high are*^r--"--d-e-d in Exhibit G
as well as those developed in the future and issued to City by County. Any new policies
First Amendment Participation Agreement and RILA Page 5 of 12
or standard operating procedures, or material modifications to existing policies or
standard operating procedures, shall be developed by the applicable governance
boards. City agrees to comply with any enforcement actions required by these policies
and procedures-fai, including Subscriber Maintenance and to prevent misuse or abuse
of the RPSI Trunked Radio System.
14. Section 2.23 of the RILA is hereby amended as follows:
2.23 City is responsible for Subscriber Maintenance including repair and sub-fleet
additions,moves,and changes to City subscribers as provided in Exhibit B. City may utilize
the services of a third party vendor approved in advance by County to provide
maintenance of City subscribers, or City may contract with County for a fee for a
combination of the aforementioned services or for all of the above services.
15. Section 3.2 of the RILA is hereby amended as follows:
3.2 The term of this Agreement shall be for five(5)years from the Effective Date. This
Agreement may be renewed every five (5)years with the written approval of both County
and City, unless terminated pursuant to Article 4; notwithstanding the foregoing or any
other provision of this Agreement, the extension of the Participation Agreement
pursuant to its terms shall automatically renew this Agreement, and this Agreement
shall be in effect for at least the duration of the Participation Agreement.
16. Exhibit B of the RILA is amended to replace the diagram titled "Broward County — ILA
Radio Network Fire Station Alerting System DMARC" with the diagram of the same title attached
hereto.
17. Exhibit G of the RILA is deleted from the RILA and all references to Exhibit G are amended
to amended to refer to the then-current RPSI Trunked Radio System policies and standard
operating procedures issued by County.
18. This First Amendment may be executed in counterparts, each of which shall be deemed
to be an original, but all of which,taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
First Amendment Participation Agreement and RILA Page 6 of 12
IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,signing by and through its
County Administrator, authorized to execute same by Board action on the _ day of
2020, and MUNICIPALITY, signing by and through its duly
authorized to execute same.
BROWARD COUNTY
WITNESS: BROWARD COUNTY, by and through
its County Administrator
(Signature) By
County Administrator
(Print Name of Witness) day of , 2020
Approved as to form by
Andrew J. Meyers
(Signature) Broward County Attorney
Governmental Center,Suite 423
115 South Andrews Avenue
(Print Name of Witness) Fort Lauderdale, Florida 33301
Telephone: (954)357-7600
By
Rene D. Harrod (Date)
Deputy County Attorney
RDH
06/04/2020
First Amendment Participation Agreement
#343020.15
First Amendment Participation Agreement and RILA Page 7 of 12
FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND
THE PARTICIPATING MUNICIPALITY FOR PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM
AND
FIRST AMENDMENTTO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF PROVIDING FOR COOPERATIVE PARTICIPATION IN A
REGIONAL PUBLIC SAFETY INTRANET
MUNICIPALITY
ATTEST: CITY OF
By:
CITY CLERK CITY MAYOR
Print Name
day of 20_
1 HEREBY CERTIFY that I have approved
this First Amendment as to form and legal
sufficiency subject to execution by the Parties:
City Attorney
First Amendment Participation Agreement and RILA Page 8 of 12
RILA EXHIBIT B
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First Amendment Participation Agreement and RILA Page 9 of 12
EXHIBIT C
Engagement Process'
Step 1: Issue Identification and Proposed Resolution
1) A need for the creation and/or revision to a policy, procedure or process of the 911 system
can be raised by any of the stakeholders — law enforcement/fire rescue agency as a
representative of their municipality; Broward Sheriff's Office; or Broward County.
2) Issues would be considered first by the existing Operational Review Team (ORT).
a)The Operational Review Team (ORT)will meet regularly to address issues(typically both
fire rescue and law enforcement disciplines together).
b) The ORT would determine if an issue involved only a single agency; a single discipline
(law vs. fire); or a regional concern.
i) If the issue only involves a single agency, the issue would move to
subparagraph 4.
c)The ORT should be chaired by a uniformed member determined by the ORT members.
Because of BSO's unique role as Operator in the system, the chair should preferably be
from a municipal agency.
3) The ORT would clarify the issue and proposed resolution. The item would be summarized in
written form to ensure the issue and proposed course of action are clearly identified.
4) The ORT would recommend approval or denial of the item.
5) Upon approval by ORT, the issue would be forward to both BSO and County for review &
comment.
6) BSO and County would consider the item under the following guidelines:
a) BSO would evaluate its ability to provide the recommended resolution. They should
consider the logistical benefits and challenges, as well as if the proposed resolution can
be done with existing resources. If additional resources would be required by BSO, it must
identify the financial impact. The final determination of fiscal impact would rest with
Broward County's budget office.
' For purposes of this engagement process, the Stakeholders shall include the County and
Operator and Participating Municipalities.
First Amendment Participation Agreement and RILA Page 10 of 12
b) County would consider any logistical impacts from the proposed issue resolution as it
relates to the County's technology (i.e. CAD, radio, 911 system, etc.). County would also
consider any potential fiscal impacts, though the final arbiter of funding should reside
with the County's budget office. Finally, County would evaluate the issue and proposed
resolution against the Regional 911 System's overarching goals and objectives.
c) If the issue involved only a single agency (see 2b above), County and the involved
agency would discuss if the municipality desires to fund the change/improvement if the
solution is beyond the base services provided by the County.
d)If the issue is denied by the ORT,the proposer may elect to advance the issue to Step 3.
7) Once approved by all three stakeholder groups (ORT, BSO, County), the issue advances to
Step 2.
S) If the issue is not approved by any of the stakeholders in 7) above, the proposer may elect to
advance the issue to Step 3.
Step 2:Approval by End-Users
1) Issues approved by all three stakeholder groups will be approved by fire chiefs and/or police
chiefs.
a)While ORT will often be comprised of operational managers from law enforcement and
fire rescue agencies, approval at Step 2 requires the specific review and approval from
the chief of the department for each law enforcement and/or fire rescue as applicable.
b) Summary of the issue and proposed resolution, as prepared and approved at Step 1,
will be sent to the chief of the department for law enforcement,fire rescue or both as the
issue may require.
c) Items, as summarized at Step 1, will be balloted to chiefs of department electronically.
The chair of the relevant ORT shall ensure the written summary of the issue is forwarded
to the respective Association president for distribution to each chief of Department.
d) Each chief of department is expected to review and approve or not approve the item.
e) Consistent with the existing practices for both the Fire Chiefs Association and Police
Chiefs Association, a simple majority is sufficient for the item to be approved. Ultimately
the determination of each professional Association, and of the methods by which they
approve items, is left within the purview of that Association.
2) Upon approval at Step 2,the item will move to Step 4 for implementation.
First Amendment Participation Agreement and RILA Page 11 of 12
Step 3: Escalation to Chief Administrative Officers
1) Should an issue not garner support for approval at Step 2, the proposer or other stakeholder
may elect to escalate the issue to their respective chief administrative officer (city manager,
county administrator, or Sheriff) as may be applicable.
2)The chief administrative officer(or designee)of the agency or agencies seeking to escalate the
issue may elect to uphold the determination made at Step 1 or Step 2, or confer with the chief
administrative officers (or designees) of other stakeholders.
3) The chief administrative officers of all stakeholders, should they agree, may also direct a
specific resolution to the issue; request ORT reconsider the issue; or take other actions as they
determine in the best interest for their local government.
Step 4: Implementation
1) Issues identified at Step 1, and approved at either Step 2 or Step 3,shall move to Step 4 for
implementation.
2) County will facilitate the implementation with the active support of other stakeholders.
3) County will monitor and report to all stakeholders the progress and issues approved for
implementation.
4) ORT members are expected to keep the Participating Communities and their respective
agencies informed of issues undergoing implementation.
Note: For all approvals required by ORT, a simple majority vote of the ORT constitutes approval
of the item except as expressly stated in Step 2 at Section (1)(a).
First Amendment Participation Agreement and RILA Page 12 of 12