HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-090TR#13987
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August 23, 2023
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- Gq0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO APPROVE AND EXECUTE
THE SECOND AMENDMENT TO THE PARTICIPATION
AGREEMENT AND REGIONAL INTERLOCAL
AGREEMENT FOR E911 COMMUNICATION SYSTEM
BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC TO AMEND THE PARTICIPATION AGREEMENT
AND THE REGIONAL INTERLOCAL AGREEMENT
(COLLECTIVELY THE "SYSTEM AGREEMENTS) TO
EXTEND THE TERM OF THE SYSTEM AGREEMENTS FOR
CONSECUTIVE PERIODS OF FIVE (5) YEARS WITH AN
EFFECTIVE DATE OF OCTOBER 1, 2023; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
SECOND AMENDMENT TO THE STANDARD FORM
PARTICIPATION AGREEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 17, 2013, the City of Tamarac entered into the
Agreement for Participation in the Regional Consolidated E-911 Communications
System Between Broward County and Participating Municipalities; and
WHEREAS, the Agreement that assigned the existing Regional Interlocal
Agreement from Broward Sheriff to Broward County was executed and approved
via Resolution R-2013-103 on September 17, 2013 Commission Meeting, (R-
2013-103 is on file at the City Clerk's Office); 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 with the County to allocate
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August 23, 2023
responsibilities for the deployment of technical resources and responsibilities for
the countywide public safety communications system; and
WHEREAS, the First Amendment to the Participation Agreement was
approved and executed via Resolution R- 2020-065 (R-2020-065 is on file at the
City Clerk's Office) on August 26, 2020; and
WHEREAS, this Second Amendment to the Participation Agreement and
Regional Interlocal Agreement will be used to direct the efficient operation of the
Regional Consolidated Public Safety Dispatch System while delineating the
responsibilities of all participants; and
WHEREAS, the County Administrator is requesting that each City
Commission approve the Second Amendment to the Participation Agreement
and Regional Interlocal Agreement no later than September 30, 2023 (attached
hereto as Exhibit 1); and
WHEREAS, the Second Amendment to the Participation Agreement's
terms and conditions remain in full force and effect, except for the amendments
and revisions shown on said Agreement; and
WHEREAS, the effective date of the Second Amendment to the
Participation Agreement is October 1, 2023 for a term of five (5) years; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
participate in the Second Amendment to the Participation Agreement and
Regional Interlocal Agreement for E911 Communications System; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
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August 23, 2023
approve the Second Amendment to the Participation Agreement and Regional
Interlocal Agreement for E911 Communications System (attached hereto as
Exhibit 1)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are expressly incorporated herein and
made a part hereof.
SECTION 2: That the City Commission hereby approves the Second
Amendment to the Participation Agreement and Regional Interlocal Agreement
for E911 Communications System between the City of Tamarac and Broward
County. The appropriate City Officials are hereby authorized to execute the
Second Amendment to the Participation Agreement and Regional Interlocal
Agreement for E911 Communications System (attached hereto as Exhibit 1).
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
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August 23, 2023
PASSED, ADOPTED AND APPROVED this 013�'4 day of ceC7USo1 2023.
ATTEST:
A I
B�RLILLO�N,C M
CITY CLERK
kI 6 U J.- Q�
MI ELL J. GO E ,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ OS
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JRS
DIST 3: COMM. VILLALOBOS
DIST 4' COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
HANS OTTINOT
CITY ATTORNEY
WWARD
COUNTY
Exhibit 1
SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND
THE PARTICIPATING MUNICIPALITY FOR PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM
SECOND AMENDMENT TO THE REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF )A'r1 Ag-AG 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 either document. 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 duly authorized to
execute same.
BROWARD COUNTY
BROWARD COUNTY, by and through
its County Administrator
By:
County Administrator
day of 120
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
By
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 PROVIDING FOR COOPERATIVE
PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET
MUNICIPALITY
C ITY O F �aa,{ &U c-�
ATTEST: By: 8�1&
�/-
CITY MAYOR
�t� J • C�oM �Z.
CITY CLERK Print Name /�
a3� day of SST , 2023
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
Attorney
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