Contract 2019-26A INTERLOCAL AGREEMENT BETWEEN
LAKE COUNTY, FLORIDA AND
CITY OF CLERMONT
FOR CO-HOSTING 2019 AMERICAN CORNHOLE ORGANIZATION
FLORIDA STATE CHAMPIONSHIP
THIS IS AN INTERLOCAL AGREEMENT by and between Lake County, Florida, a
political subdivision of the State of Florida(the COUNTY), and the City of Clermont, a municipal
corporation organized under the laws of the State of Florida(the CITY).
WITNESSETH:
WHEREAS, interlocal agreements amongst government agencies are authorized under
Sections 125.01 and 163.01, Florida Statutes;
WHEREAS, the COUNTY is entering into an agreement (the Host Agreement) with
American Cornhole, LLC for hosting American Cornhole Organization Florida State
Championship scheduled to be held on May 24, 2019 and May 25,2019(the Event);
WHEREAS,the CITY desires to co-host the Event with the COUNTY by undertaking the
duties described in this Agreement;
WHEREAS,the COUNTY and the CITY have determined that it is in the best interests of
the residents of Lake County to enter into this Agreement and that this Agreement promotes
tourism in Lake County.
NOW THEREFORE, IN CONSIDERATION, of the mutual terms, understandings,
conditions,premises,and covenants set forth in this Agreement, and intending to be legally bound,
the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated in this
Agreement by reference.
Section 2. Scope of Services.
A. The CITY shall,at its sole expense,provide and coordinate:
1) A venue for co-hosting the Event, specifically, the Clermont Arts and Recreation
Center, 3700 South Highway 27,Clermont, Florida 34711; and
2) Provide direct internet access (hard wire with ethernet cord) with a minimum of 50
megabytes upload for live stream feed. WiFi may also be provided if American Comhole,
LLC requests such at least thirty(30)days prior to the Event.
Section 3. Personnel. Neither party will be required to assume any liability for direct
payment of any salaries, wages or other compensation, contributions to pension funds, insurance
premiums,workers' compensation funds,vacation or compensatory time,sick leave benefits,or any
other amenities or employment to any personnel of the other party performing the services, duties
and responsibilities pursuant to this Agreement.
Section 4. Sovereign Immunity. Nothing contained in this Agreement will in any way
waive the sovereign immunity that the COUNTY and the CITY presently enjoy under the
Constitution and Statutes of the State of Florida, particularly with respect to Chapter 768, Florida
Statutes. Each party will be responsible for the acts, omissions,or conducts of its own employees.
Section 5. Term and Termination.
A. This Agreement will become effective upon the execution of this Agreement by the
final party to sign it(as indicated by the date stated under that party's signature)("Effective Date")
and will remain in effect until the Event has been successfully completed. Either party may terminate
this Agreement by providing at least sixty(60)days' prior written notice to the other party.
B. If either party fails to keep,observe,or perform any provision of this Agreement,the
breaching party will be deemed in default. If such default continues for a period of ten (10) days
after notice of the default by the non-breaching party to the other party,then the non-breaching party
will be entitled to immediately terminate this Agreement. The parties agree that prior to termination,
the COUNTY and the CITY will attempt to resolve any dispute that arises under this Agreement in
good faith.
Section 6. Force Majeure. The parties will exercise every reasonable effort to meet
their respective obligations under this Agreement, but will not be liable for delays resulting from
force majeure or other causes beyond their reasonable control, including but not limited to
compliance with any Government law or regulation, acts of nature, acts or omissions of the other
party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation
problems and any other cause whatsoever beyond the reasonable control of the parties. Any such
cause will extend the performance of the delayed obligation to the extent of the delay so incurred.
Section 7. Modifications. Unless otherwise specified in this Agreement, no
modification,amendment,or alteration of the terms or conditions contained in this Agreement will
be effective unless contained in a written document executed by the parties,with the same formality
and of equal dignity with this Agreement. the COUNTY's Executive Director may authorize
any modification, amendment, or alteration of the terms or conditions contained in this
Agreement on behalf of the COUNTY. This Agreement may not be subcontracted or assigned
without the prior written consent of the parties.
Section 8. Notices. All notices, demands, or other writings required to be given or
made or sent in this Agreement, or which may be given or made or sent, by either party to the
other, will be deemed to have been fully given or made or sent when in writing and addressed as
follows:
COUNTY CITY
County Manager City Manager
315 West Main Street, Suite 308 685 W. Montrose St.
P.O. Box 7800 Clermont, Florida 34711
Page 2 of 5
C:WaaslSdavidofMPpdauLLocal1MicrosolMindows Temporary Inlaoct Fda\Content.O dodcNPWSKJIM.CImtgnt Comhoic Inurbal Agramat_CAO_3.6.19.Docx
Tavares,Florida 32778
With a copy to:
County Attorney
Lake County Administration Bldg.
315 West Main Street, Suite 335
P.O. Box 7800
Tavares, Florida 32778
All notices required, or which may be given under this Agreement, will be considered
properly given if(1) personally delivered, (2) sent by certified United States mail, return receipt
requested,or(3) sent by Federal Express or other equivalent overnight letter delivery company.
The effective date of such notices will be the date personally delivered, or if sent by
certified mail,the date the notice was signed for,or if sent by overnight letter delivery company,
the date the notice was delivered by the overnight letter delivery company. The parties may
designate other individuals or addresses to which notice will be sent by notifying, in writing, the
other party in a manner designated for the filing of notice under this Agreement.
Section 9. Entire Agreement. This document embodies the entire Agreement
between the parties. It may not be modified or terminated except as provided in this Agreement.
Section 10. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid,it will be considered deleted from this Agreement,and will not
invalidate the remaining provisions.
Section 11. Compliance. The CITY and the COUNTY must at all times comply with
all applicable Federal, State and local laws,rules and regulations.
Section 12. Jurisdiction and Venue. This Agreement is made under,and in all respects
will be interpreted, construed, and governed by and in accordance with, the laws of the State of
Florida. Venue for any legal action resulting from this Agreement will lie solely in Lake County,
Florida.
(Remainder of page left intentionally blank)
Page 3 of 5
C:Uhers1SdavidolMppdataLLncaMbcrosofl\Wmcloas\Temporary Wand FdaKmtait.Qnlook\4PWSKJ1MCIetmom Condole Interlocal Agreement CAO 3.6.19.Doc.
Interlocal Agreement Between Lake County,Florida and the City of Clermont for Co-Hosting 2019
American Cornhole Organization Florida State Championship
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: the COUNTY through its Agency for Economic
Prosperity Executive Director, and by the CITY through its duly authorized representative.
COUNTY
LAKE COUNTY, FLORIDA
Brandon Matulka, Executive Director
Agency for Economic Prosperity
This 23 day oft i L , 2019.
Approved as to form and legality:
rl
Melanie Marsh
County Attorney
Page 4 of 5
C:U seradavdoMAppdata\LocaMliaosoftWindows\T®Parry Imam Filo\Cootmt.Oudookt4PWSK IH\C1 ono Camhole Wtalocal Agrammt CAO 3.6.19.Docx
Interlocal Agreement Between Lake County,Florida and the City of Clermont for Co-Hosting 2019
American Cornhole Organization Florida State Championship
CITY
CITY OF CLERMONT
D. 411Ci
•Yt' nager
This Alday of aptj, ,2019.
A.ya:, as to °1"
legality
• e . Mantzaris, 1 • •rney
Page 5 of 5
ousao rodormppdayikuxaMtiaomfttWmdows\-r.v..y totem Ftlec‘Cootmt.OutloolMPWSK/H\Clanwm Co nhok Irn 10 al Agocmrn�CAO 3.6.19.Doc