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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: i�� PIP � /i�� 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 ' 1 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 QQR bpi (-. WN *AL) ip U. y 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 `0RIDN