2016-28 Interlocal Agrmnt w/Lake Park for Summer CampRESOLUTION 2016 -28
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN 1NTERLOCAL
AGREEMENT WITH THE TOWN OF LAKE PARK PERTAINING TO THE
VILLAGE'S SUMMER CAMP PROGRAM AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF
THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into
interlocal agreements for the performance of public functions; and
WHEREAS, the Town of Lake Park ( "Town ") is unable to host its annual summer camp program
and has negotiated an agreement whereby the Town will pay one -half the cost of pre - qualified
Town residents to attend the Village's summer camp program and the Village will allow such campers
to participate at the Village resident rate on a first come, first served space available basis; and
WHEREAS, the Village Council determines that the execution of an interlocal agreement with
the Town is in the interests of the public health, safety and welfare.
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 Interlocal Agreement between the Town
of Lake Park and the Village pertaining to the Village's summer camp program, a copy of which
is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to
execute the Interlocal Agreement on behalf of the Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 12TH DAY OF N
(Village Seal)
ATTEST:
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INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE
VILLAGE OF NORTH PALM BEACH PERTAINING TO THE VILLAGE OF NORTH
PALM BEACH'S SUMMER CAMP PROGRAM
This Interlocal Agreement ( "Agreement ") is made and entered into this Xa1 day
of May, 2016 by and between the Village of North Palm Beach, a municipal corporation
of the State of Florida ( "Village ") and the Town of Lake Park, a municipal corporation of
the State of Florida ( "Town "). The Village and the Town are hereinafter referred to
collectively as the Parties.
WITNESSETH:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to
Section 163.01, Florida Statutes, which permits local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage; and
WHEREAS, the Parties executing this Agreement desire to cooperate to provide
summer camp programs to the children of the Town; and
WHEREAS, the Agreement would permit income qualified children from the Town
to participate in the Village's summer camp program at the same rate paid by Village
residents.
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing
from each to the other, do thereby agree as follows:
ARTICLE 1. PURPOSE
The Town and the Village are entering into this Agreement to permit residents of
the Town to participate in the Village's Summer Camp Program at the Village resident
rate of $200.00 per week during the summer.
ARTICLE 2. RESPONSIBILITIES OF THE TOWN AND VILLAGE
a. The Town shall pre - qualify campers who are income eligible ( "Eligible Town
Campers ") and notify the Village of the names of such campers.
b. The Village shall make available to Eligible Town Campers, on a first -come,
first served space available basis, its Summer Day Camp program (for children ages 7
through 12) and its Teen Adventure Camp program (for children ages 13 through 15)
(collectively "Camp Programs ") at the $200.00 per week rate paid by Village residents.
C. Eligible Town Campers shall sign up for the Village's Camp Programs with
the Village's Park and Recreation Department and make payments in the same manner
as any other camper. Eligible Town campers shall pay $100.00 per week for each week
of participation in the Camp Programs. The Town shall pay a subsidy of $100.00 per
week for all eligible Town campers. The Village shall notify the Town of all payments
made by Eligible Town Campers, and the Town shall pay its portion within five (5)
business days of receipt of such notice.
SECTION 3. TERM
This Agreement shall be effective on the date it is executed by both parties and
shall remain in effect until July 31, 2016, or until such time as each party has completed
its obligations pursuant to this Agreement, whichever shall last occur.
SECTION 4. INDEMNIFICATION
The Town shall indemnify, defend and hold harmless the Village against any
actions, claims or damages arising out of the Town's negligence in connection with this
Agreement, to the extent permitted by law. The Village shall indemnify, defend and hold
harmless the Town against any actions, claims or damages arising out of the Village's
negligence in connection with this Agreement, to the extent permitted by law. The
foregoing indemnification shall not constitute a waiver of sovereign immunity for any party
beyond the limits set forth in Section 768.28, Florida Statutes.
SECTION 5. MISCELLANEOUS PROVISIONS
a. Joint Preparation. The preparation of this Agreement has been a joint effort
of the parties, and the resulting document shall not, solely as a matter of judicial
constraint, be construed more severely against any of the Parties.
b. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the parties and their
respective legal representatives or successors; but no person not a direct party to this
Agreement shall be or be deemed to be a legally - entitled third -party beneficiary hereof.
C. Non - Assignment. This Agreement may not be assigned by the Town or the
Village without the prior written consent of both parties.
d. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida. Venue for
all proceedings in connection herewith shall be exclusively in Palm Beach County,
Florida.
e. Waiver. No delay or failure by the Town or the Village in enforcing or
insisting on strict performance of any of the terms or provisions hereof shall be deemed
a waiver of any other or further term or provision of similar or dissimilar nature or of any
continuing waiver.
6
f. Termination. This Agreement may be terminated, with or without cause, by
either party by providing ten (10) days' written notice to the other party. Notwithstanding
termination of the Agreement, any Eligible Town Camper enrolled in a Village Camp
Program shall be permitted to complete all sessions for which payment has already been
remitted to the Village by both the Eligible Town Camper and the Town.
g. Notice. All formal notices affecting the terms or provisions of this
Agreement shall be in writing and delivered in person or sent by registered or certified
mail to the municipality as designated below, until such time as the municipality furnishes
other written instructions for such other notice delivery.
For Town of Lake Park
For Village of North Palm Beach:
John D'Agostino, Town Manager
James P. Kelly, Village Manager
535 Park Avenue
501 U.S. Highway One
Lake Park, Florida 33403
North Palm Beach, Florida 33408
h. Entire Agreement. This Agreement represents the entire understanding
and agreement between the parties with respect to the subject matter hereof. There are
no promises, terms, conditions, or obligations other than those herein contained. This
Agreement shall supersede all previous communications, representations, proposals, or
agreements, either oral or written, between the municipalities hereto and not herein
contained. No amendment or modification of this Agreement shall be binding unless
approved by each of the parties' respective governing bodies and reduced to writing,
executed, delivered, and filed with the Clerk of the Circuit Court of Palm Beach County
with the same formalities as this Agreement.
IN WITNESS WHEREOF, each of the parties has authorized and caused this
Agreement to be made and executed in triplicate (one for each party and one for filing).
ATTEST:
'0 N MO"-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Thomas J. Baird, T n Attorney
9
TOWN OF LAKE PARK
By:
Mayor James DuBois /
Date:
ATTEST:
Melissa Teal, MMC
Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Leonard G. Rubin, Village Attorney
2
INN.
Date:
RESOLUTION NO. 19 -05 -16
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF LAKE PARK, FLORIDA AUTHORIZING THE
MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF LAKE PARK AND THE VILLAGE
OF NORTH PALM BEACH PERTAINING TO THE VILLAGE
OF NORTH PALM BEACH'S SUMMER CAMP PROGRAM;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Lake Park, Florida (hereinafter "Town ") is a municipal
corporation of the State of Florida with such power and authority as has been conferred upon it
by the Florida Constitution and Chapter 166, Florida Statutes; and
WHEREAS, due to lack of Recreation Department staff the Town will be unable to host
its annual summer camp program during the summer of 2016; and
WHEREAS, the Town Manager met with the North Palm Beach Village Manager for the
purpose of entering into an arrangement to enable children residing within the Town and who
meet certain income guidelines to attend the 2016 summer camp program of the Village of North
Palm Beach (hereinafter "Village ") at the Village's resident rate and to develop an Interlocal
Agreement setting forth the terms and conditions for such arrangement; and
WHEREAS, the Town Commission has reviewed the Interlocal Agreement between the
Town of Lake Park and the Village of North Palm Beach Pertaining to the Village of North Palm
Beach's Summer Camp Program, a copy of which is attached hereto and incorporated herein as
Exhibit A, and has determined that it is in the best interest of the Town to enter into such
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF LAKE PARK, FLORIDA AS FOLLOWS:
Section 1. The whereas clauses are true and correct and are incorporated herein.
Section 2. The Town Commission hereby authorizes and directs the Mayor to execute
the Interlocal Agreement between the Town of Lake Park and the Village of North Palm
Beach Pertaining to the Village of North Palm Beach's Summer Camp Program, a copy of
which is attached hereto and incorporated herein as Exhibit A.
Ce ification
V14�,4.%wk of the Town of Lake Park
Florida, do hereby certify that the foregoing is a true
and Qor copy of the original instrument as contained in
41 r o ds of the Town. Witness m hand and the
® cial Seal of Town of k Park This
yoof
Town
Town Clerk
0 R/DA
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The foregoing Resolution was offered by
who moved its adoption. The motion was seconded by ,
and upon being put to a roll call vote, the vote was as follows:
AYE NAY
MAYOR JAMES DUBOIS
VICE -MAYOR KIMBERLY GLAS - CASTRO
COMMISSIONER ERIN FLAHERTY
COMMISSIONER ANNE LYNCH
COMMISSIONER MICHAEL O'ROURKE
The Town Commission thereupon declared the foregoing Resolution NO. 19 -05 -16
duly passed and adopted this 4h day of May, 2016.
ATTEST:
VIVIAN MENDEZ
TOWN C�ERK
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(-. WN *AL)
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NMOI
Certification
I �( .Zerk of the Town of Lake Park
Florida, do hereby certify that the foregoing is a true
and correct copy of the original instrument as contained in
the official records of the Town. Witness my hand and the
Official Seal of the Town of e Park This r
Town dal �'
.4 J
SEAL o n Clerk
TOWN OF LAKE PARK, FLORIDA
BY: (" �E,7
JAMES DUBOIS
MAYOR
Approved as to form and legal sufficiency:
THO
TOWN A RNEY
A 110
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