R2022-41 Interlocal Agreement for Summer Camp ServicesRESOLUTION 2022-41
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
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 proposed an Interlocal Agreement whereby the Town will subsidize 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 the 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 an 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 MAY, 2022.
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ATTEST:
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VILLAGE CLERK
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 iZ� da9 ( 9 )Y
of May, 2022 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 children residing in the Town to
participate in the Village's summer camp program.
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing
from each to the other, do thereby agree as follows:
SECTION 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 $250.00 per week during the summer.
SECTION 2. RESPONSIBILITIES OF THE TOWN AND VILLAGE
a. The Town shall notify Lake Park residents of the option to participate in the
Village's Summer Camp Program at the Village's resident rate.
b. The Village shall make available to Town residents on a first come, first
served space available basis, its Summer Camp Program for children ages 8
to 14 at the $225.00 per week rate paid by Village residents.
C. Eligible Town Campers shall sign up for the Village's Summer Camp
Program with the Village's Leisure Services Department and make payments
in the same manner as any other camper. Eligible Town campers shall pay
$125.00 per week for each week of participation in the Summer Camp
Program. The Town shall I pay a subsidy of $100.00 per week for all Town
campers. The Village shall notify the Town of all payments made by Town
campers, and the Town shall pay a 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, 2022, 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 constructed 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 of 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.
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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 Town camper enrolled in a
Village Summer Camp Program shall be permitted to complete all sessions for
which payment has already been remitted to the Village by both the 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
furnished other written instructions for such other notice delivery.
For Town of Lake Park
For Village of North Palm Beach
John D'Agostino, Town Manager
Andy D. Lukasik, Village Manager
535 Park Avenue
501 U.S. Highway One
Lake Park, FL 33403
North Palm Beach, FL 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 promised, 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 the Agreement shall be reduced to writing, executed, delivered and filed with
the Clerk of Court of Palm Beach County with the same formalities of 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:
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By: J., Aje PA A.Ap A.,�r ;>41;
Vivian Men z, CMCown Cle
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
as J. Baird, TowffrAttdrney
M
TOWN OF LAKE P K
By:
Michael O'Rourke, Mayor
ATTEST:
VILLAGE OF NORTH PALM BEACH
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By. By:
Jessi reen,, Nit, Village Clerk Deborah Searcy, a or
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Leonard G. Rubin, Village Attorney