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Home My WebLink AboutR-2023-058 ILA with Broward County - Regional Consolidated E-911 Communications SystemRESOLUTION NO.2023- OSS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT FOR A SECOND AMENDMENT TO THE STANDARD FORM PARTICIPATION AGREEMENT AND REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, WHICH CITY PARTICIPATES IN BROWARD COUNTY'S REGIONAL CONSOLIDATED E-911 COMMUNICATIONS SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 13, 2013, the City of Dania Beach and a vast majority of municipalities within Broward County entered into the First Interlocal Agreement for Participation in the Regional Consolidated E-911 Communications System; and WHEREAS, on September 14, 2020, the City executed the First Amendment (as amended prior to this proposed Second Amendment, the "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; and WHEREAS, in conjunction with entering into the Participation Agreement, each municipality also entered into a Regional Interlocal Agreement, which was subsequently amended by a First Amendment (as amended prior to the effective date of this proposed Second Amendment, the "RILA") with Broward County to allocate responsibilities for the deployment of technical resources and responsibilities for the countywide public safety communications system; and WHEREAS, the E-911 Participation Agreement and Regional Interlocal Agreement both expire on September 30, 2023; and WHEREAS, County and the Broward Sheriffs Office (`BSO") are negotiating a new interlocal agreement (the "Operator Interlocal Agreement") pursuant to which BSO would staff and operate the regional PSAPs for call -taking, teletype (queries only), and dispatch services; and WHEREAS, the County and the City desire to amend the Participation Agreement and the RILA (collectively, the "System Agreements") to extend the terms of the System Agreements for coterminous, consecutive periods of five (5) years; and WHEREAS, the City may terminate the Agreements upon at least 365 days' prior written notice to County; upon such notice, the Agreements shall expire for that Participating Community as of the date stated in the termination notice that is at least 365 days after the date of the notice; and WHEREAS, the City desires to enter into the Second Amendment to the standard form Participation Agreement and Regional Interlocal Agreement between Broward County and the City of Dania Beach for participation in Broward County's Regional Consolidated E-911 Communications System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the Second Amendment to the standard form Participation Agreement and Regional Interlocal Agreement between Broward County and the City of Dania Beach for participation in Broward County's Regional Consolidated E-911 Communications System, is approved, in substantially the form attached as Exhibit "1," together with such non -substantial changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 3. That the proper City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. 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 be in force and take effect immediately upon its passage and adoption. 2 RESOLUTION #2023- Kg PASSED AND ADOPTED on June 27, 2023. ATTEST: ELORA, AIRV CITY CLERK APPROVED AS TO FORM AND EV,k 4. BdUTSIS C ATTORNEY lolim i mlw�4mmw RESOLUTION #2023- 059 BfY'ti MARl1 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE PARTICIPATING MUNICIPALITY FOR PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM AND SECOND AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET This Second Amendment ("Second 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," "City," or "Participating Community") (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, which was subsequently amended by a First Amendment (as amended prior to the effective date of this Second Amendment, the "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, which was subsequently amended by a First Amendment (as amended prior to the effective date of this Second Amendment, the "RILA") with County to allocate responsibilities for the deployment of technical resources and responsibilities for the countywide public safety communication systems. D. County and the Broward Sheriff's Office ("BSO") are negotiating a new interlocal agreement (the "Operator Interlocal Agreement") pursuant to which BSO would staff and operate the regional PSAPs for call -taking, teletype (queries only), and dispatch services. Second Amendment Participation Agreement and RILA Page 1 of 4 E. County and Municipality desire to amend the Participation Agreement and the RILA (collectively, the "System Agreements") to extend the terms of the System Agreements for coterminous, consecutive periods of five (5) years. 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 Second Amendment shall retain the meaning ascribed to such terms in the Participation Agreement or RILA, as applicable. 2. Except as modified herein, all terms and conditions of the Participation Agreement and the RILA remain in full force and effect. 3. The effective date of this Second Amendment shall be the date on which it is fully executed by County and the applicable Municipality, or September 30, 2023, whichever occurs first. 4. The provisions of this paragraph shall apply to both of the System Agreements, notwithstanding any contrary provision in eitherdocument. The terms of the System Agreements shall be coterminous and are hereby extended for a five (5) year period from October 1, 2023, through September 30, 2028, unless earlier terminated in accordance with this paragraph, and shall be automatically renewed for subsequent five (5) year terms on the same terms and conditions unless terminated in accordance with this paragraph. Any Participating Community may terminate the System Agreements upon at least 365 days' prior written notice to County; upon such notice, the Systems Agreements shall expire for that Participating Community as of the date stated in the termination notice that is at least 365 days after the date of the notice. Termination of the System Agreements by any one Participating Community will not terminate the System Agreements for any other Participating Community. 5. The Engagement Process set forth in Exhibit C to the RILA may itself be modified through the Engagement Process. Upon such modification, the modified Engagement Process shall automatically be substituted in place of Exhibit C to the RILA without the need for a written amendment. 6. Preparation of this Second Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 7. This Second Amendment may be executed in counterparts, whether signed physically or electronically, 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.) Second Amendment Participation Agreement and RILA Page 2 of 4 IN WITNESS WHEREOF, the Parties hereto have made and executed this Second 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 2023, and Municipality, signing by and through its Mayor, duly authorized to execute same. BROWARD COUNTY BROWARD COUNTY, by and through its County Administrator By: County Administrator day of 20_ Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Rene D. Harrod (Date) Chief Deputy County Attorney RDH 05/24/2023 Second Amendment PA/RILA #621352.4 Second Amendment Participation Agreement and RILA Page 3 of 4 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE PARTICIPATING MUNICIPALITY FOR PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM AND SECOND AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET MUNICIPALITY CITY OF DANIA BEACH ATTEST: ELORA RIERA, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: EVE A. BOUTSIS, CITY ATTORNEY 0 MAYOR ARCHIBALD J. RYAN IV day of 2023 Second Amendment Participation Agreement and RILA Page 4 of 4