2015-39 INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF CLERMONT, FLORIDA
AND
LAKE COUNTY, FLORIDA
FOR USE OF STATE FUNDING FOR
SOUTH LAKE REGIONAL WATER INITIATIVE CONSULTANT
THIS AGREEMENT is made and entered into by and between the City of Clermont,
Flonda, a municipal corporation organized under the laws of Flonda, hereinafter referred to as
"CITY", and Lake County, Flonda, a political subdivision of the State of Florida, hereinafter
referred to as"COUNTY".
RECITALS
WHEREAS, the COUNTY and the CITY are authorized to enter into this Agreement by
Sections 125.01 and 125.0101, Florida Statutes, which permit the COUNTY to enter into
agreements with other governmental agencies for the performance of governmental functions by
one unit on behalf of the other, and to enter into contracts to provide services to municipalities;
and
WHEREAS, Section 163.01, Florida Statutes, entitled the "Florida Interlocal
Cooperation Act of 1969", authorizes public agencies to enter into agreements to make the most
efficient use of their powers, and enables them to cooperate with other localities in order to
provide services and facilities; and
WHEREAS, the City of Clermont, the City of Groveland, the City of Mascotte, the City
of Minneola, the Town of Montverde, Lake County and Lake Utility Services, Inc. are working
together to create a cost effective and sustainable water resource system for South Lake County
through collaborative efforts and resource sharing, and through those efforts, to decrease the
region's dependency on groundwater withdrawals and protect the Floridan Aquifer; and
WHEREAS, in March and Apnl 2014, the CITY and the COUNTY signed an Interlocal
Agreement, also executed by the City of Groveland, the City of Mascotte, the City of Minneola
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
and the Town of Montverde, for the parties to that agreement to fund the services of an
engineering firm with water resources expertise to assess water demand projections and
infrastructure capacity in South Lake County(hereinafter, "2014 Agreement"); and
WHEREAS, the 2014 Agreement anticipated that the cost of the engineering firm's
services would be three hundred thousand dollars ($300,000.00), and designated the CITY as the
lead administrative agency for soliciting the firm's services; and
WHEREAS, subsequent to the parties' executing the 2014 Agreement, the Flonda
Legislature approved funding in the amount of three hundred thousand dollars ($300,000.00) for
the purpose of obtaining the consultant's services, which the Legislature termed the "South Lake
Regional Water Initiative" project, via Line Item 1668A of the 2014 — 2015 General
Appropnations Act; and
WHEREAS, pursuant to the 2014 Agreement, on June 16, 2014, the CITY issued
Request for Qualifications (RFQ) Number 14-032, to solicit the services of a qualified firm to
evaluate water demand projections and infrastructure capacity in South Lake County; and
WHEREAS, the COUNTY has been designated the grantee for the State funding
pursuant to a State Financial Assistance Agreement between the COUNTY and the State of
Florida Department of Environmental Protection (DEP), which was executed by the COUNTY
on November 5, 2014, and by DEP on November 6, 2014, hereinafter referred to as "DEP
Agreement No. LP35140"; and
WHEREAS, on November 12, 2014, the CITY awarded a contract under RFQ Number
14-032 to Water Resource Associates, Inc. (hereinafter the"Consultant");
WHEREAS, accordingly, this Agreement between the COUNTY and the CITY is
necessary in order to outline the terms by which the COUNTY, as the grantee under DEP
Agreement No. LP35140, will transfer the funding received from the State to the CITY for the
CITY's compensation of Consultant;
NOW, THEREFORE, in consideration of the foregoing recitals, promises and mutual
covenants contained herein, the parties hereto agree as follows:
Page 2 of 7
S\DOCUMENT\2015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Fundmg\LC-Clermont Agreement_final draft 2 13 15 docx
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
1. Recitals. The foregoing recitals are true and correct and incorporated herein.
2. Purpose. The purpose of this Agreement is to outline the process by which the
Consultant will be compensated pursuant to DEP Agreement No. LP35140, which provides the
funding for the Consultant's work and names COUNTY as the grantee.
3. CITY's Obligations.
A. Compensation for Consultant Services. CITY understands and agrees that the
funding awarded by the State of Florida in DEP Agreement No. LP35140 is
distributed on a reimbursement basis and transmitted via the grantee, which is the
COUNTY. Accordingly, CITY shall budget for and compensate the Consultant
on the basis of the payment terms agreed to in its contract with the Consultant.
CITY agrees that COUNTY is not responsible for any funding of Consultant's
services should DEP terminate Agreement No. LP35140 or otherwise fail to
provide funding pursuant to DEP Agreement No. LP35140.
B. Documentation of Expenditures. CITY shall send all invoices, payment records
and any additional supporting documentation for each of Consultant's
deliverables to the_COUNTY for COUNTY's transmittal of those records to the
State of Florida consistent with DEP Agreement No. LP35140. CITY shall
submit the last and final set of invoices, payment records and any additional
supporting documentation related to the Consultant's work to the COUNTY no
later than March 15, 2016.
C. Cooperation on DEP Submittals. The CITY shall cooperate with COUNTY on
timely completion of any documentation, location and submittal of any records, or
formulation of responses to DEP that may be required of COUNTY pursuant to
DEP Agreement No. LP35140.
D. Change Orders. CITY shall not approve any change orders affecting the
Consultant's contract, compensation or scope of services pursuant to Request for
Page 3 of 7
S\DOCUMENT\2015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Funding\LC-Clermont Agreement_final draft 2 13 15 docx
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
Qualifications 14-032 without prior notification to and approval of COUNTY.
E. Records Maintenance. In addition to complying with Chapter 119, Florida
Statutes, with regard to all records pertaining to Consultant's performance, CITY
shall maintain such records and allow DEP or DEP's authonzed representative
access to such records for audit purposes for at least five (5) years following
termination of DEP Agreement No. LP35140.
F. Accounting. CITY shall not commingle State funds received from COUNTY
pursuant to DEP Agreement No. LP35140 with any funds from other agencies.
G. Use of Funding. The CITY shall use the State funds transmitted by COUNTY
for only the purposes set forth in DEP Agreement No. LP35140.
4. COUNTY Obligations. COUNTY agrees as follows:
A. Funding. COUNTY agrees to transmit funding in the maximum amount of three
hundred thousand dollars and 00/100 ($300,000.00) to CITY upon COUNTY's
receipt of such funds from DEP.
B. Payments. Payments shall be made on a reimbursement basis after the CITY's
submittal of invoices, payment records and all other supporting documentation
related to the Consultant's work, which the COUNTY shall transfer to DEP
pursuant to the terms of DEP Agreement No. LP35140. Invoices, payment
records and other supporting documentation shall be submitted to Brian T.
Sheahan, AICP, Director of Lake County Dept. of Community Safety &
Compliance, P.O. Box 7800, Tavares, FL 32778; or bsheahan@lacountyfl.gov.
5. Term of Agreement and Termination. This Agreement shall become effective on the
day the last party signs it and shall remain in full force coterminous with DEP Agreement
No. LP35140. Notice of termination shall be sent to the addresses shown below, and
shall be considered properly given as of the date received.
Page 4 of 7
S\DOCUMENT\2015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Funding\LC—Clermont Agreement_final draft 2 13 15 docx
,
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
6. Assignment. No assignment or other transfer of the CITY responsibilities under this
Agreement shall be made or granted without the express, prior, and written consent of the
COUNTY, and without amending or terminating this Agreement, as necessary.
7. Notices. Wherever provision is made in this Agreement for the giving, serving or
delivering of any notice, statement, or other instrument, such notice shall be in wnting
and shall be deemed to have been duly given, served and delivered, if delivered by hand
or mailed by United States registered or certified mail or sent by facsimile, addressed as
follows:
COUNTY Liy
Lake County Manager Clermont City Manager
315 West Main Street, Suite 308 685 W. Montrose St., 3rd Floor
Post Office Box 7800 Clermont,FL 34711
Tavares,Flonda 32778-7800
With a copy to: With a copy to:
Bnan T. Sheahan,MCP James Kinzler
Director of Lake County Dpt of Director,City of Clermont Environmental
Community Safety&Compliance Services Dpt
P 0. Box 7800 3335 Hancock Road
Tavares,FL 32778-7800 Clermont, FL 34711
8. JEntire Agreement. This document embodies the entire agreement between the parties.
It may not be modified or terminated except as provided herein.
9. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate
the remaining provisions.
10. Modification. No modification, amendment or alternation of the terms or conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
Page 5 of 7
S\DOCUMENT12015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Fundmg\LC—Clermont Agreement_final draft 2 13 15 docx
•
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
IN WITNESS WHEREOF,the parties to this Agreement,by their signatures,have
caused this Agreement and all its parts to be fully executed this day of A() Ct\
2015.
COUNTY
ATTEST: LAKE COUNTY,through its
BOARD OF COUNTY COMMISSIONERS
-srl-r
^,1 `'(\\ Adif
j - , ell} Ji onner, Chairman
' 1"erk`af the Boari of►s
Comfnissironers,of Lake County,Florida l/
;;� i This /I) day of 0/2 2015
1J
Approved as to form and legality:
Sanford n toff
County Attorney
Page 6 of 7
S.\DOCUMENT\2015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Funding\LC—Clennont Agreement final draft 213 15.docx
•
Agreement between Lake County and the City of Clermont for Use of State Funding for South Lake Regional Water
Initiative Consultant
CITY
ATTEST: CITY OF CLERMONT
4101- 11P
> ,,:racy Ackroyd, City Clerks Gail L. Ash, Mayor
•
• .4"';}•:;:` i � ,` This 24th day of February, 2015
Approved as toformand legality:
D.Mt�A'� ris, City Attorney
Page 7 of 7
S\DOCUMENT\20I5\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr btw LC&Clermont for State
Fundmg\LC-Clermont Agreement_final draft 2 13 15 docx