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HomeMy WebLinkAboutAgreement_Interlocal_8/12/2025_4th Amendment MPSCC Interlocal TORCIVIA, DONLON, GODDEAU & RUBIN, P.A. 701 Northpoint Parkway, Suite 209 Nest Palm Beach,Florida 33407-1950 561-686-8700 Telephone 156I-686-8764 Facsimile a--www.torciv ialaw.com Glen J.Turcivia Jennifer H.lt_Hwiecke Lara Donlon 1:117aheth V.Lenihenx Christy L.Gnddeau• Ruth A Holmes Leonard G.Rubin" Bell Saver Tanya M_Earlcy •FLORIDA BAR BOARD CERTI FI F.D Amel is Jadoo CLTY COUNTY AND LOCAL GOVEJtNMENT ATTORNEY Daniel Harrell,Uft.Ounscl June 25, 2025 (Via Email: rmangold!a?atlantisfl.gov) Chief Robert G. Mangold Atlantis Police Department 260 Orange Tree Drive Atlantis,Florida 33462 Re:MPSCC—Fourth Amendment to Interlocal Agreement Chief Mangold: in accordance with the direction given, attached please find the proposed Fourth Amendment to the Interlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County ("Amendment"). Please distribute the Amendment to MPSCC members for placement on the next available meeting agenda for each of their respective governing bodies. The Interlocal Agreement is set to expire on September 30, 2025, which means that the Amendment must be approved and executed by each municipality's governing body before that date. The Amendment extends the Interlocal Agreement for one(1)year through September 30, 2026, A brief lustory of the Interlocal Agreement explains the need for the Amendment. As you will recall, on December 13, 1999, by Interlocal Agreement,a copy of which is recorded in the Official Records Book 11528, Page 1283, the MPSCC was created as a cooperative arrangement to improve radio communications in Palm Beach County for its initial members and county,state and federal agencies(the"Interlocal Agreement"). The First Amendment to the Interlocal Agreement, dated December 8,2003,provided for the initial members of the MPSCC authorizing the MPSCC to enter into an agreement with M/A-Com to provide the interoperable 800 MHZ radio system(the "Interoperable Radio System") for the MPSCC. This First Amendment also authorized the MPSCC to secure financing for the Interoperable Radio System. By the Second Amendment to the Interlocal Agreement, a copy of which is recorded in the Official Records Book 20480, Page 1893,the members of the MPSCC rescinded the First Amendment to the Interlocal Agreement and re-authorized the purchase and implementation of the hiteroperable Radio System by its Members in two (2)phases (hereinafter the Interlocal Agreement and the Second Amendment thereto were jointly referred to as the "MPSCC Governing Agreement"). In the Third Amendment to the Interlocal Agreement,a copy of which is recorded in the Official Records Book 25388, Page 1904, the MPSCC Members provided a method for cost sharing and an identification of each entity's obligations and responsibilities related to Phase Two of the lnteroperable Radio System,its future expansion and membership in the MPSCC. The MPSCC Governing Agreement, as previously amended by the Third Amendment, is scheduled to expire on September 30, 2025. The MPSCC and its Members recognize the mutual benefit of the Interoperable Radio System and the forthcoming update of such system, and the Fourth Amendment will extend the Governing Agreement through September 30, 2026, to provide more time for the members to discuss, collaborate on, and further plan such update. Please review the attached Amendment and, if acceptable, please distribute to all members for further handling. Let me know if you have any questions. Sincerely, Glen J. Torcivia MPSCC Attorney Enclosed: Fourth ;Amendment to the Interlocal Agreement Torcivia,i onion,Goddeau&Rubin,P.A.,701 Northpoint Parkway,Suite Zo9,West Palm Beach,Florida 33g}07 (561)686-8700-(561)686-8764(facsimile) FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT TO ESTABLISH MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY THIS FOURTH AMENDMENT ("Fourth Amendment°') to the Interlocal Agreement To Establish Municipal Public Safety Communications Consortium of Palm Beach County is made and entered into by and between the municipalities of ATLANTIS, JUNO BEACH, JUPITER, JUPITER INLET COLONY, NORTH PALM BEACH, PALM BEACH GARDENS, 'I'EQUF.STA, and WEST PALM BEACH,each of which is a Florida municipal corporation located in Palm Beach County, Florida, and the MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY, an entity created by the Florida Interlocal Cooperation Act of 1969 (hereinafter the"MPSCC"). WHEREAS,on December 13, 1999, by Interlocal Agreement,a copy of which is recorded in the Official Records Book 11528, Page 1283, the MPSCC was created as a cooperative arrangement to improve radio communications in Palm Beach County for its initial members and county, state and federal agencies(the "Interlocal Agreement");and WHEREAS, the MPSCC Governing Agreement (i.e, Interlocal Agreement and Second Amendment), as previously amended by the Third Amendment, is scheduled to expire on September 30, 2025,and the parties wish to extend such Agreement through September 30,2026;and, WHEREAS,the Entities hereto independently and collectively have determined that entering into this Fourth Amendment serves the public interest and safety of all of the Entities hereto. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the MPSCC and the municipalities of ATLANTIS, JUNO BEACH, .JUPITER,JUPITER INLET COLONY,NORTH PALM BEACH,PALM BEACH GARDENS, TEQUESTA,and WEST PALM BEACH agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Term. Section 3 of the Interlocal Agreement, as previously amended, is hereby amended to extend the term of the Agreement through September 30, 2026. All other terms and conditions, as previously amended, remain in full force and effect. This Fourth Amendment shall be filed with the Clerk of the Circuit Court of the County and recorded in the Official Records. 3. Execution in Counterparts. This Fourth Amendment may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the Entities hereto have caused this Fourth Amendment to the Interlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County on the dates set forth below: ATTEST: MPSCC By: y By Secretary Approved as to form and Date: , 2025 legal sufficiency MPSC ttorney Page I of 4 ATTEST: CITY OF ATLANTIS By: By: - Approved as to forin and legal Date: _ �, 2025 sufficiency City Attorney ATTEST: TONN'N OF JUNO BEACH By: - By - Approved as to form and legal Date: 2025 ffi suciency ~ Town Attorney ATTEST: TOWN OF -JUPITER By: 13 y ---- Approved as to form and legal rate: , 2025 sufficiency Town Attorney Page 2 of 4 ATTL:ST: TOWN OF JUPITEIZ INLET COLONY By: - By: Approved as to form and ]coal Date: , 2025 sufficiency Town Attorney ATTEST: VTI.T:.ACE OF NORTH PALM BEACIT By: By: ;'Approved as to form and legal Date: . 2025 sufficiency Village Attorney ATTEST: CITY OF PALM BEACH GARDENS By By Approved as to form and legal sufficiency Date: ____., 2025 City Attorney Page 3 of 4 PLO....... RP Oqq' ATTEST: G A�RNv7LLACE OF TF.QUESTA - : SEAL D= < ;INCORPORATED OF FMal Approved as to form and legal fill 11111,10 Date: v "�.�� , 2025 Sufficiency Village Attorney ATTEST: CITY OF `ITST PALM BEACH By: By: _ City Clerk Date: , 2025 CITY ATTORNEY'S OFFICE Approved as to form and legal sufficiency By Date: Page 4 of 4 AT-rEs,t, VILLAGE OF TFOUESTA 13y: By: MV gwly, Approvcdasto rm dlegall Date: -----------12025 ciene suffi 5 Village Attorney ATTEST., CITY OF WEST PALM BEACH By: By: City Clerk Date, 2025 MY ATTORNErS OFFICE Approved w to fbnn and legal sufficiency Date- Page 4 of 4