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HomeMy WebLinkAboutR2026-36 Fifth Amendment to Interlocal Agreement for Municipal Public Safety Consortium of PBCRESOLUTION 2026-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT TO ESTABLISH THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIFTH AMENDMENT; PROVIDING FOR CONFLICTS AND THE REPEAL OF RESOLUTION NO. 2026-11; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village contracts with the Northern Municipal Regional Consortium Services Center ("NorthComm") for law enforcement dispatch services; and WHEREAS, when the Village migrated to NorthComm for dispatch services, NorthComm was already utilizing the Municipal Public Safety Communications Consortium ("MPSCC") infrastructure, and through the adoption of Resolution No. 2014-63, the Village Council approved an Interlocal Agreement with the MPSCC; and WHEREAS, the term of the Village's Interlocal Agreement was coextensive with the MPSCC's governing Interlocal Agreement, which originally expired on September 30, 2025, and was extended through September 30, 2026 through the adoption of Resolution No. 2025-29; and WHEREAS, the proposed Fifth Amendment to the governing Interlocal Agreement would continue the term for another five years through September 30, 2031, with one additional five-year extension, while providing an additional opportunity for a municipality to opt out with one -year's notice; and WHEREAS, this Fifth Amendment replaces a prior version approved by the Village Council through the adoption of Resolution No. 2026-11, and the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby approves the Fifth Amendment to the Interlocal Agreement to Establish the Municipal Public Safety Communications Consortium of Palm Beach County, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Fifth Amendment on behalf of the Village. Section 3. The Village Council hereby repeals Resolution No. 2026-11 in its entirety, as well as all other resolutions or parts of resolutions in conflict with this Resolution. Section 4. This Resolution shall become effective immediately upon adoption. Page 1 of 2 THIS 31ST DAY OF AUGUST, 2026. �s FLORIDq •tA • ( ae Seal) • ATT • * l CLERK Page 2 of 2 M.S OR FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT TO ESTABLISH THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY THIS FIFTH AMENDMENT ("Fifth 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, TEQUESTA, and WEST PALM BEACH, (hereinafter "Member" or "Municipality") 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 (Interlocal Agreement, Second, Third & Fourth Amendment), is scheduled to expire on September 30, 2026, and the municipalities of Atlantis, Juno Beach, Jupiter, Jupiter Inlet Colony, North Palm Beach, Palm Beach Gardens, Tequesta and West Palm Beach, have agreed to extend such Agreement through September 30, 2031, with an option for one (1) five (5) year renewal, by entering into this Fifth Amendment; and WHEREAS, some municipalities have approved a slightly different version of the Fifth Amendment, said approval is hereby rescinded and replaced by this Fifth Amendment; and WHEREAS, the Members hereto independently and collectively have determined that entering into this Fifth Amendment serves the public interest and safety of all of the Members 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 hereby agree as follows: 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, 2031. The term shall be extended in one (1) five (5) year increment, through September 30, 2036, unless a municipality notifies the MPSCC by September 30, 2030 that they do not want the Agreement to be extended as to that municipality. Any municipality can opt out of the MPSCC, after September 30, 2027, upon said municipality notifying the MPSCC of their decision to opt out, at least one year prior to opting out, provided that opting out can only be effective on September 30th of the applicable year. 3. All other terms and conditions of the Interlocal Agreement, as previously amended, remain in full force and effect. This Fifth Amendment shall be filed with the Clerk of the Circuit Court of the County and recorded in the Official Records, Page 1 of 4 4. Execution in Counterparts. This Fifth Amendment may be executed in counterparts, each of which shall be an original and all of which shall constitute one of the same instrument of Atlantis, Juno Beach, Jupiter, Jupiter Inlet Colony, North Palm Beach, Palm Beach Gardens, Tequesta and West Palm Beach. This Fifth 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 Members hereto have approved this Fifth Amendment to the Interlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County on the dates set forth below: ATTEST: By: Secretary Approved as to form and legal sufficiency By: f. MPSCe Attorney ATTEST: By: %XL(�J&L ! L - A] 4 c ATTEST: Approved as to form and legal sufficiency Town Attorney MPSCC \ w� By:7mn Date: , 2026 CITY OF ATLANTIS By: Date: Tvt r, , 2026 TOWN OF JUNO BEACH Date: Page 2 of 4 2026 4, Execution in Counterparts. This Fifth Amendment may be executed in counterparts, each of which shall be an original and all of which shall constitute one of the same instrument of Atlantis, Juno Beach, Jupiter, Jupiter Inlet Colony, North Palm Beach, Palm Beach Gardens, Tequesta and West Palm Beach, This Fifth 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 Members hereto have approved this Fifth Amendment to the Iuterlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County on the dates set forth below: ATTEST: m Secretary Approved as to form and legal sufficiency By: %4 `_ MPSCC.Afioil ey ATTEST: By: Approved as to form and legal sufficiency City Attorney ATTEST: Approved as to form and legal sufficiency ee� Town Attorney MPSCC PS By:2 4 Date: O 22- , 2026 CITY OF ATLANTIS By: Date: 2026 TOWN OF JUNO(B?EACH By: Date: , 2026 Page 2 of 4 ATTEST: By: a— \t✓._.__ Y 1 f Merriane Lahmeur, Town i Approved as to form and legal su fm T Lomas J. Bai' ow or ATTEST: Approved as to form and legal sufficiency Town Attorney ATTEST: By: Approved as to form and legal sufficiency Village Attorney ATTEST: By: Approved as to form and legal sufficiency City Attorney OWN OF JUPITER W: £4SC4J J' Kuretski, Mayor Date: 50'1.2+ .2026 TOWN OF JUPITER INLET COLONY Date: 2026 VILLAGE OF NORTH PALM BEACH By: _ Date: 2026 CITY OF PALM BEACH GARDENS By: _ Date: Page 3 of 4 2026 5 ATTEST: By: Approved as to form and legal sufficiency Town Attorney ATTEST: Approved as to form and legal s ciency own Attorney ATTEST: Approved as to form and legal sufficiency Village Attorney ATTEST: By: MPSCC FIFTH AMENDMENT TOWN OF JUPITER Approved as to form and legal sufficiency City Attorney By: _ Date: 2026 TOWN OF JUPITER INLET COLONY Date: 15 ,2026 VILLAGE OF NORTH PALM BEACH By: _ Date: 2026 CITY OF PALM BEACH GARDENS By: _ Date: Page 3 of 4 2026 MPSCC FIFTH AMENDMENT ATTEST: Approved as to form and legal sufficiency Town Attorney ATTEST: Approved as to form and legal sufficiency Town Attorney AT' By: Approved as to form and legal sufficiency Village Attorney ATTEST: Approved as to form and legal sufficiency City Attorney TOWN OF JUPITER By: Date: 2026 TOWN OF JUPITER INLET COLONY Date: , 2026 VILLA E OF NORTH PALM BEACH By: Date: C , 2026 CITY OF PALM BEACH GARDENS By: Date: 2026 Page 3 of 4 MPSCC FIFTH AMENDMENT ATTEST: TOWN OF JUPITER : Approved as to form and legal sufficiency Town Attorney ATTEST: Approved as to form and legal sufficiency Town Attorney ATTEST: By: Approved as to form and legal sufficiency Village Attorney ATTEST: Date: 2026 TOWN OF JUPITER INLET COLONY Date: .2026 VILLAGE OF NORTH PALM BEACH Date: 2026 CITY OF PALM BEACH GARDENS By: Ro ald M. FerVQM-anager Date: _______________, 2026 rage a of 4 SEAL y ATTEST: JNCORPORATE;, VILLAGE OF TEQUESTA By: ATTEST: By: City Clerk CITY ATTORNEY'S OFFICE Approved as to form and legal sufficiency By: Date: By: Yvtal(@ �cw�1 Y11A'Nor Date: II , 2026 CITY OF WEST PALM BEACH C Date: Page 4 of 4 2026 ATTEST: By: Approved as to form and legal sufficiency Village Attorney ATTEST: By: City erk VILLAGE OF TEQUESTA By: Date: 2026 CITY OF WE$ PALM BEACH Date: N -JB, 2026 Page 4of4 CITY ATTORNEY'S OFFICE Approved as to form and legally By�Zut�— u U —