Contract 2019-85 PROFESSIONAL
CONSULTANT SERVICES
AGREEMENT
THIS AGREEMENT, made this 8th day of October, 2019, between the City of
Clermont, a Municipal Corporation of the State of Florida, (hereinafter referred to as the
"CITY") and Levey Consulting, LLC, whose address is PO Box 560156-0156, Orlando,
Florida 32856-0156 (hereinafter referred to as "CONSULTANT").
WITNESS ETH
WHEREAS, the City is in need of qualified, professional consulting services to
assist the City with multiple services with regard to planning and economic development
area, including but not limited to providing strategic guidance, planning and development
services for and on behalf of the City and Lake County and for the Wellness Way area and
providing general services to the City's Planning Department.
NOW THEREFORE, in consideration of the covenants, representations and
agreements herein contained, the parties agree as follows:
1. SCOPE OF SERVICES: The project and services provided hereunder shall be
provided in accordance with any and all applicable laws and professional standards and shall
be divided into two Tasks. Task One shall be the Wellness Way Area services provided on
behalf of the City and Lake County and as more particularly described in and set forth in the
Scope of Services attached hereto and incorporated herein as Exhibit "A". Task Two shall
be City general planning services as assigned by the City Manager and as more particularly
described in and set forth in the Scope of Services attached hereto and incorporated herein
as Exhibit "B". The CITY agrees to and does engage CONSULTANT to perform the
professional services as more particularly described in the Scope of Services set forth in
Exhibits "A"and"B".
CONSULTANT agrees to assign Richard L. Levey, Ph.D., AICP to perform the assigned
responsibilities and duties faithfully, intelligently, and to the best of their ability, and in the
best interest of CITY and for Task One in the best interests of the City and Lake County
during the term of this Agreement. All services provided shall be performed in
accordance with this Agreement and with any and all applicable law, professional
standards and guidelines. CITY may request CONSULTANT to make changes in the
Scope of Services or make revisions to the work performed.
2. AUTHORIZATION TO PROVIDE SERVICES: CONSULTANT shall not be
authorized to provide any services as set forth in the Scope of Services until such time
as CONSULTANT has received written authorization from the City Manager, or his
designee, to perform the specific tasks set forth therein. In the event that
CONSULTANT commences any such services without such authorization,
CONSULTANT expressly acknowledges that it shall not be entitled to compensation
of any kind related to said services.
3. COMPENSATION:
a. The CITY agrees to and does engage CONSULTANT to perform the
professional services for Task One as described in Exhibit "A" for
compensation in the total amount of TWO HUNDRED AND SEVENTY-FIVE
THOUSAND DOLLARS ($275,000) which may be increased as authorized by the City
Manager. CONSULTANT shall bill CITY in installments no more frequently than one
time per month and in accordance herewith.
• Year One: CONSULTANT shall complete the Implementation Plan,
the Design Guidelines and ongoing Project Administration as outlined
in the Project Scope attached in Exhibit A.
• Year Two: CONSULTANT shall complete ongoing Project
Administration as outlined in the Project Scope attached in Exhibit
A.
b. The CITY agrees to and does engage CONSULTANT to perform the
professional services for Task Two as described in Exhibit "B" for
compensation in the amount of$2,500 per month.
c. As a condition precedent to receiving payment, CONSULTANT shall
have been authorized to proceed by CITY for the specific phase or sub-task, shall not
be in default of any of the terms and conditions of this Agreement and shall provide to
CITY an invoice. The invoice shall include a statement identifying the services
provided in accordance with the Scope of Services.
d. All invoices submitted for compensation shall include a statement by
CONSULTANT that states as follows:
This statement sets forth only actual time spent by the firm's employees and
does not contain any unit billing, multipliers, or other devices that permit
payment for more than actual time spent.
e. CITY shall pay all valid, approved and undisputed invoices within
thirty (30) days of receipt from CONSULTANT. In the event that CITY disputes any
invoice submitted, it shall advise CONSULTANT in writing and said invoice shall not
be deemed due and payable under this agreement. Neither the CITY's review
approval or acceptance of, nor payment for, any services provided hereunder shall be
construed to operate as a waiver of any rights under this Agreement and the
CONSULTANT shall be liable to CITY for any and all damages to CITY caused by
the CONSULTANT's negligent or wrongful performance of any of the services
furnished under this Agreement.
4. TERM. This Agreement shall take effect on November 1, 2019 and shall
continue for a period of twelve (12) months, until October 31, 2020, or the agreement
is terminated as provided in Section 5 below. The term may be extended by mutual
written consent of the parties.
5. TERMINATION.
a. The non-breaching party upon breach of the terms and conditions
contained herein may terminate this Agreement.
b. CONSULTANT recognizes that the services to be provided as part of Task
One and set forth in Exhibit "A" are provided as part of an Interlocal Agreement between
the City and Lake County. A copy of the Interlocal Agreement is attached hereto and
incorporated herein as Exhibit "C". In the event of expiration or termination of that
Interlocal for any reason, the portion of this Agreement related to Task One, the services to
be provided and the obligation of payment shall immediately terminate as of the effective
date of the termination of the Interlocal Agreement. In the event of such termination, the
portion of this Agreement related to Task Two, unless otherwise terminated as provided in
this Section 5, shall remain and continue in full force and effect.
c. Additionally, CITY shall have the right to terminate the agreement, for
any reason, upon thirty (30) days written notice to the CONSULTANT. In the event
of termination, without cause, by the CITY pursuant to this section 5c,
CONSULTANT shall be compensated in accordance with the services completed and
accepted, as of the date of the termination and as set forth in the Scope of Services.
6. RESPONSIBILITIES OF CONSULTANT. In addition to all other
responsibilities provided herein, CONSULTANT expressly understands and agrees that,
through the above- referenced assigned personnel, it shall perform all the services required
in the Scope of Services, and further agrees as follows:
a. CONSULTANT acknowledges that CITY and Lake County have entered
into an Interlocal Agreement, Exhibit"C"hereto, related to the provision of services as set
forth in Exhibit "A". CONSULTANT expressly agrees that to the extent that the terms or
conditions as set forth in Exhibit "C" are applicable to CONSULTANT and the
performance of services hereunder, those terms and conditions are incorporated herein,
and CONSULTANT shall comply therewith to the fullest extent.
b. CONSULTANT shall provide at such frequency as may be determined by
CITY, and at a minimally monthly, a report as to CONSULTANT's progress as to
performance of the Scope of Services authorized hereunder.
c. CONSULTANT may retain subcontractors to provide any of the services
contemplated herein. Said subcontractors shall be used at the sole expense of
CONSULTANT, under the direct supervision of CONSULTANT and with the prior
written approval of CITY. CONSULTANT expressly acknowledges that any and all
documents, plans, designs, reports, and specifications related to the project and acquired
or created by CONSULTANT shall remain, at all times the property of CITY and
CONSULTANT. CONSULTANT, therefore, shall preserve and maintain said records and
shall immediately provide copies of them to CITY upon termination of this Agreement.
7. RESPONSIBILITIES OF CITY. The City shall provide full information, as
reasonably directed by CONSULTANT,regarding the requirements of the project.
8. AUTHORIZED REPRESENTATIVE OF THE CITY. During the term of this
Agreement, the City Manager shall be the designated representative authorized to act on
behalf of the CITY, as provided by law,with respect to the project.
9. INSURANCE PROVIDED BY CONSULTANT.
a. Workers Compensation. CONSULTANT agrees to pay for and maintain
in full force and affect all applicable workers compensation insurance as required by
Federal and Florida Law.
b. Comprehensive Automobile Liability. CONSULTANT agrees to pay for
and maintain in full force and effect at all times during the term of this Agreement,
bodily injury and property damage liability insurance. The limits of said policies shall be
in an amount approved by the CITY.
c. Proof of Insurance. The originals of the aforementioned policies of
insurance, or certificates of the issuance thereof, shall be delivered to the CITY as evidence
of the compliance by the CONSULTANT with the terms and provisions contained
herein. Each of the said insurance policies shall be issued by a company or companies
authorized to do business in the State of Florida and which have an A.M. Best Company
Rating of "A" or better and a Financial Size Category of"VII" or as otherwise approved
by CITY, in its sole discretion. Each policy shall name the CITY as an additional insured.
The proof of insurance as provided herein, shall be delivered to CITY initially upon
execution of this Agreement and thereafter, within thirty (30)days immediately following
each renewal thereof.
d. Loss of Insurance. If during the period which an insurance company is
providing the coverage required by this Agreement, an insurance company shall: 1) lose
its Certificate of Authority, 2) no longer comply with any applicable Florida Law, or 3)
fail to maintain the Best Rating and Financial Size Category, CONSULTANT shall, as
soon as it has knowledge of any such circumstance, immediately notify CITY and
immediately replace the insurance coverage provided by the insurance company with a
different insurance company meeting the requirements of this Agreement. Until the
CONSULTANT has replaced the unacceptable insurer with an insurer acceptable to
CITY,the CONSULTANT shall be deemed in default of this Agreement.
e. Insurance Coverage Not Limitation of Liability. The maintenance of
insurance coverage as provided herein shall not be construed to limit or have the effect of
limiting CONSULTANT's liability to CITY under the provision of any clause or paragraph
contained in this Agreement.
10. INDEMNIFICATION. CONSULTANT agrees to hold harmless and indemnify,
including attorney fees, CITY, its officers, employees and agents against any and all
claims, losses, damages or lawsuits for damages, arising from or related to negligent acts,
errors or omissions of the CONSULTANT.
11. INDEPENDENT CONTRACTOR. The parties agree that at all times and for all
purposes within the scope of this Agreement, the relationship of CONSULTANT and
CITY is that of an independent contractor.
12. FORCE MAJEURE. With regard to the performance hereunder, CONSULTANT
shall not be deemed to be in default of this agreement, or have to failed to comply
with any term or conditions herein if, for reasons beyond CONSULTANT's reasonable
control (including, without limitation, acts of God, natural disaster, labor unrest, war,
declared or undeclared, the existence of injunctions or requirements for obtaining
licenses, permits or other compliance with applicable laws, rules and regulations), such
performance is not reasonably possible within such time periods, then the time for such
performance shall be extended until removal of such reasons beyond CONSULTANT's
reasonable control,provided that CONSULTANT commences such performance as soon as
reasonably possible and diligently pursues such performance.
13. NOTICES. All notices shall be in writing and sent by United States mail,
certified or registered, with return receipt requested and postage prepaid, or by nationally
recognized overnight courier service to the address of the party set forth below. Any such
notice shall be deemed given when received by the party to whom it is intended.
CONSULTANT: Levey Consulting, LLC
PO Box 560156-0156
Orlando, FL 32856-0156
CITY: Darren Gray,City Manager
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
14. PROHIBITION AGAINST CONTINGENT FEES. CONSULTANT
warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for CONSULTANT, to solicit or secure this agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for CONSULTANT any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the
award of making of this agreement. For breach or violation of this provision, in addition
to any and all remedies available to CITY, CITY shall have the right to terminate this
agreement without liability and to deduct from the contract price, or otherwise recover,
the full amount of such fee, commission, percentage, gift or consideration.
15. GENERAL PROVISIONS.
a. Attorneys' Fees. In the event a suit or action is instituted to enforce or
interpret any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
b. Waiver. The waiver by CITY of breach of any provision of this Agreement
shall not be construed or operate as a waiver of any subsequent breach of such
provision or of such provision itself and shall in no way affect the enforcement of any
other provisions of this Agreement.
c. Severability. If any provision of this Agreement or the application thereof
to any person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the Agreement
valid and enforceable under applicable law, the remainder of this Agreement and the
application of such a provision to other persons or circumstances shall be unaffected, and
this Agreement shall be void and enforceable to the fullest extent permitted by applicable
law.
d. Amendment. Except for as otherwise provided herein, this Agreement may
not be modified or amended except by an Agreement in writing signed by both parties.
e. Entire Agreement. This Agreement including the documents incorporated
by reference contains the entire understanding of the parties hereto and supersedes and
replaces any and all prior and contemporaneous agreements between the parties with
respect to the performance of services by CONSULTANT.
f. Assignment. This Agreement is personal to the parties hereto and may
not be assigned by CONSULTANT, in whole or in part, without the prior written consent
of CITY.
g. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this Agreement shall be Lake County, Florida.
h. Applicable Law. This Agreement and any amendments hereto are
executed and delivered in the State of Florida and shall be governed, interpreted,
construed and enforced in accordance with the laws of the State of Florida.
i. Public Records. CONSULTANT expressly understands records
associated with this project are public records and agrees to comply with Florida's Public
Records law,to include,to:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(2) Provide the public with access to public records on the same terms and conditions
that the CITY would provide the records and at a cost that does not exceed the cost
provided in this Florida's Public Records law or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all public records in possession of the CONSULTANT upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible with the
information technology systems of the CITY.
(5) IF CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT CITY CLERK'S OFFICE, 352-241-7330.
IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement for the purposes herein expressed on the date first above written.
Attest: CITY OF CLERMONT, FLORIDA
BY: P4---' ,BY: �1$1:1e,., �� ,� AO? ,
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Tracy Ackroyd Howe, City Clerk Gail L. Ash, Mayor
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Levey thinsu ing, LI
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BY: l,�j /. ../Al
Ric rd L. Levey ' • .D a
Managing Direct s
Exhibit "A"
Task One
Wellness Way Project Scope
Project Administration
a. Provide ongoing coordination efforts between the City, County and landowners
b. Coordinate infrastructure funding, timing and implementation;
c. Act as City and County "Owners Rep" in building consensus and collaboration
between all parties;
d. Identify conflicts and their resolution early in the development process;
e. Recommend governance structure(s), if applicable; and
f. Support City and County entitlement efforts.
g. The Consultant will assist the City and County in establishing regularly scheduled
meetings to advance the objectives of Wellness Way. These meetings may
include:
i. Monthly development coordination meetings between City and County
staff; (To be managed by consultant)
ii. Quarterly landowner meetings (To be managed by County District
Commissioner. Support on agenda and discussion materials from
consultant));
iii. Quarterly update presentations to the City Council and County
Commission (or as requested by the City or County Manager)
II. Implementation Plan
a. The Implementation Plan will establish a detailed approach to the character,
timing and staging of development within the study area, including appropriate
stakeholder engagement. This Plan will include the following recommended
items:
i. A consolidated plan reflecting land owner desired development plans and
a subsequent establishment of a general plan for the area, identifying
residential, employment and commercial districts;
ii. Urban Design and Community Character standards;
iii. Park/Open Space/Trails;
iv. Water/Wastewater & Reclaimed Water Utility Extensions;
v. Public Safety facilities;
vi. Transportation/mobility plan;
vii. K-12 education facilities;
viii. Technology strategies;
ix. Infrastructure funding mechanisms;
x. Capital Improvement schedule;
xi. Exploration and recommendation of incentive programs to assist in
business attraction and recruitment
III. A set of recommended Design Guidelines will be created to govern the character of
the built environment. The design guidelines will reflect the direction of
development established in the plan but will be created as a separate document.
These will include the following:
i. Employment District framework and development guidelines
ii. Residential District framework and development guidelines
iii. Commercial District framework and development guidelines
iv. Framework Roadway/Street cross section guidelines
v. Landscape/Hardscape Guidelines
vi. Lighting Guidelines
IV. Outreach and Marketing
a. Assist in the development of a marketing strategy for Wellness Way
i. Assist the City and County in the selection of a 3rd party branding and
marketing consultant.
ii. Collaborate with City and County on the concepts, messaging, content
and creative elements throughout the project
b. Assist in the ongoing recruitment of anchor companies and desired
commercial/industrial clusters
c. Wayfinding Plan (Optional)
i. Master Sign Plan
ii. Messaging Strategy
iii Sign Palette (vehicle and pedestrian directional, monument/location)
Exhibit "B"
Task Two
Scope of Services
The City and Consultant agree that the Consultant will perform the services as set forth
below, which may be updated from time to time via direction from the City Manager
and/or the Development Services Director. The Services that Consultant shall provide to
the City of Clermont are as follows in the following key strategic areas and includes both
immediate deliverables for services and ongoing services:
1.0-Downtown Clermont. Coauthoring economic development strategic plan for
downtown Clermont. Goal is to conjoin waterfront and downtown into a holonic
functioning unit, which generates and absorbs economic growth and activity.
1.1-Assist in the measurement and identification of the economic
drivers for the Downtown/Waterfront Master Plan to help guide
capital investment decision making by the City
12-Advise on key steps in accelerating private
investment in response to the Master Plan, including
but not limited to:
1.2.1 - Establishment of incremental steps to bring critical
retail and support services (food & beverage, etc.) to
promote expanded use of Waterfront, including strategic
use of city-owned real estate
1.2.2 - Assist in the creation of content for marketing
presentations and materials.
1.2.3 — Facilitate introductions/presentations to network of
land development and redevelopment firms as potential
investors in Downtown/Waterfront Master Plan
1.2.4 - Assess potential of City-owned fiber
network to be utilized to attract technology
based businesses
2.0-City Owned Real Estate (CORE)
2.1 - Review inventory of properties for reuse/disposition for potential
private activity/implementation of Master Plan
2.1.1 - Assist in developing financial analyses of
various use options
2.1.2 - Assist in the production of RFP/RFQ processes to
solicit private investment/interest in CORE
Support Economic Development
3.0 - Annexation
4.1 - Refine/Develop overall City annexation strategy, including
refining fiscal impact analysis to expand municipal tax base
4.0 - Land Development Code & Development/Permitting Process
5.1 - Assist Development Services Director in designing community
engagement process to improve code, land development, and
permitting process
5.2 - Provide substantive code, land development and
permitting process content and expertise during change process
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY,FLORIDA AND
THE CITY OF CLERMONT, FLORIDA
FOR CONSULTING SERVICES FOR WELLNESS WAY
THIS INTERLOCAL AGREEMENT is made 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, Section 163.01, Florida Statutes, provides that local governments may enter
into agreements 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 Wellness Way Area Plan (the "WWAP"), is a special planning area in
southeast Lake County, south of SR 50 and east of US 27 totaling approximately 15,000 acres that
is expected to accommodate a significant regional employment center which will promote
significant economic development while encouraging fiscally efficient and well-balanced
development patterns; and
WHEREAS, the COUNTY and CITY wish to accomplish an extensive set of goals and
objectives with the development of the WWAP that includes a conceptual master plan that portrays
the program elements, and associated design guidelines; and
WHEREAS, the CITY has entered into a Professional Consulting Services Contract with
Levey Consulting, LLC., a Florida Limited Liability Corporation (the "CONSULTANT"), to
assist the CITY in developing and executing strategies for economic development in the WWAP;
and
WHEREAS, the parties desire to enter into this Agreement in order to collaborate on the
economic development of the WWAP.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings,
conditions, promises, covenants and payment set forth in this Agreement, and intending to be
legally bound,the parties hereby agree as follows:
1. Recitals. The above recitals are true and correct and incorporated in this
Agreement by reference.
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2. Purpose. The purpose of this Agreement is to memorialize the collaboration and
support of the CITY and the COUNTY for the economic development of the WWAP, including
financial contribution by the COUNTY (the"PROJECT").
3. City Obligations.
A. The parties acknowledge that the CITY has solicited and retained the services of
the CONSULTANT to assist the CITY for the PROJECT. The Project Scope, as identified in
Exhibit A, attached hereto and incorporated herein by reference, to be provided by the
CONSULTANT for the PROJECT will benefit both the CITY and the COUNTY.
B. The CITY, or the CONSULTANT at the CITY'S request, will provide monthly
work task schedules to the COUNTY outlining the CONSULTANT'S proposed work tasks on the
PROJECT on a monthly basis. Nothing by way of execution of this Agreement is intended to
make CONSULTANT, its employees or agents to be contractors, agents, or employees of the
COUNTY or obligate the COUNTY to make payments directly to the CONSULTANT.
C. The CITY shall ensure that the CONSULTANT will comply with Section
119.0701, Florida Statutes.
4. County Obligations.
A. The parties agree and acknowledge that the total budget for the PROJECT is
estimated to be approximately $275,000. The COUNTY'S share of the total budget shall not
exceed $155,000 to be divided as follows:
• Year One: The COUNTY shall be responsible for remitting to the CITY an amount
not to exceed $110,000. This funding shall be used to complete the Implementation
Plan, the Design Guidelines and for ongoing Project Administration as outlined in
the Project Scope attached in Exhibit A.
• Year Two:The COUNTY shall be responsible for remitting to the CITY an amount
not to exceed $45,000 to be used for ongoing Project Administration as outlined in
the Project Scope attached in Exhibit A.
B. The CITY shall submit monthly invoices to the COUNTY outlining the approved
tasks completed by the CONSULTANT. The COUNTY agrees to pay such invoices until the
COUNTY'S share of the total budget has been reached as set forth in subsection A above; but in
no event will the COUNTY be required to pay more than $155,000 during the term of this
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Agreement. Payments will be made in accordance with the Florida Prompt Payment Act, Chapter
218, Part VII, Florida Statutes.
C. Funding by the COUNTY to the CITY for the services provided by the
CONSULTANT on the PROJECT will continue until such time as the CITY'S contract with the
CONSULTANT expires or terminates or this Agreement is terminated, whichever is earlier. In
the event funds obligated under this Agreement become reduced or unavailable, the COUNTY
will notify the CITY of such occurrence,and the COUNTY may terminate this Agreement without
penalty or expense to the COUNTY. The COUNTY will be the final authority as to the
unavailability of funds.
D. In the event any of the funding for the PROJECT is funded by grant monies
received by the CITY,the COUNTY will not be liable for any non-compliance with the provisions
of such grant.
5. Coordination. The parties hereby agree that each will keep the other informed of
communications that take place with the CONSULTANT. Each will provide notice to the other
of all meetings or conference calls, or copy each other on written communications, so that both
parties have the opportunity to participate fully in the development of the PROJECT with the
CONSULTANT. The parties also agree that in the event a meeting or conference call takes place,
and one party cannot participate,that the participating party will provide a written summary of the
meeting or call to the other in a timely manner.
6. Future Projects. Nothing in this Agreement will prohibit the parties from
negotiating a different allocation of responsibilities for,or contributions,to the development of the
PROJECT. The maintenance and ownership of each future project, if any, will be negotiated on a
project by project basis.
7. Term. The term of this Agreement will be for a period of two (2)years beginning
on the effective date.
8. Termination.
A. Either party may terminate this Agreement upon thirty (30) days written notice to
the other party. Within twenty (20) days after the effective date of termination, the terminating
party shall remit to the non-terminating party a payment equal to fifty percent (50%) of all
PROJECT costs incurred as of the date of termination as well as fifty percent (50%) of all
PROJECT work mutually authorized to proceed but which has not yet been completed. Nothing
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in this Agreement will preclude the non-terminating party from seeking additional support for the
PROJECT.
B. In the event the CITY assigns or terminates the contract with the CONSULTANT,
the CITY shall provide written notice to the COUNTY. In the event the CITY assigns the contract
with the CONSULTANT to another vendor or sub-consultant, the COUNTY may terminate this
Agreement if the Lake County Manager or designee determines that the vendor or sub-consultant
is not acceptable or in the best interest of the COUNTY.
9. 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 to this Agreement, with the same
formality and of equal dignity with this Agreement.
10. Notices.
A. 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 of Clermont
Lake County Administration Building City Manager
P.O. Box 7800 685 West Montrose Street
Tavares,Florida 32778 Clermont,Florida 34711
B. 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.
C. 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.
D. The parties may designate other parties 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.
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11. Entire Agreement. This document embodies the entire agreement between the
parties. It may not be modified or terminated except as provided in this Agreement.
12. 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.
13. Effective Date. This Agreement will become effective on the date the last party
executes this Agreement("effective date").
14. Assignment. No party to this Agreement may assign the rights and obligations
under this Agreement without the prior consent of the other party.
15. Counterparts. This Agreement may be executed in counterparts, each executed
counterpart to be deemed an original and all of which will constitute but one and the same
instrument. This Agreement may be executed by electronic signatures and electronic signatures
will constitute originals for all purposes.
CITY
ATTEST: CITY OF CLERMONT, FLORIDA
/ /. ,f,
zifiy‘A, —!-...4
Ity Clerk Gail L. Ash, Mayor
This 'FO of 316nJ ,2019.
Appro • . as to .rm and legality:
0 — Pr
11Iii�r
City`Att• -
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Interlocal Agreement between Lake County and the City of Clermont for Consulting Services for Wellness Way
COUNTY
LAKE COUNTY,FLORIDA through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Gary J. Cooney, Clerk Leslie Campione,Chairman
of County Commissioners of
Lake County, Florida This of ,2019.
Approved as to form and legality:
Melanie Marsh, County Attorney
I
•
I
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EXHIBIT A •
Wellness Way Project Scope
1. Project Administration
a. Provide ongoing coordination efforts between the City,County and landowners
• b. Coordinate infrastructure funding,timing and implementation;
c. Act as City and County "Owners Rep" in building consensus and collaboration
between all parties;
d. Identify conflicts and their resolution early in the development process;
e. Recommend governance structure(s), if applicable; and
f. Support City and County entitlement efforts.
g. The Consultant will assist the City and County in establishing regularly scheduled
meetings to advance the objectives of Wellness Way. These meetings may include:
i. Monthly development coordination meetings between City and County
staff; (To be managed by consultant)
ii. Quarterly landowner meetings (To be managed by County District
Commissioner. Support on agenda and discussion materials from
consultant)); •
iii. Quarterly update presentations to the City Council and County Commission
(or as requested by the City or County Manager)
II. Implementation Plan
a. The Implementation Plan will establish a detailed approach to the character,timing
and staging of development within the study area, including appropriate
stakeholder engagement. This Plan will include the following recommended items:
i. A consolidated plan reflecting landowner desired development plans and a
subsequent establishment of a general plan for the area, identifying
residential,employment and commercial districts;
ii. Urban Design and Community Character standards;
iii. Park/Open Space/Trails;
iv. Water/Wastewater&Reclaimed Water Utility Extensions;
v. Public Safety facilities;
vi. Transportation/mobility plan;
vii. K-12 education facilities;
viii. Technology strategies;
ix. Infrastructure funding mechanisms;
x. Capital Improvement schedule;
xi. Exploration and recommendation of incentive programs to assist in business
attraction and recruitment
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•
b. The Implementation Plan shall be completed no later than September 30,2020. A
copy shall be provided to both Lake County and the City of Clermont.
III. Design Guidelines
•
a. A set of recommended Design Guidelines will be created to govern the character
of the built environment. The design guidelines will reflect the direction of
development established in the plan but will be created as a separate document.
These will include the following:
i. Employment District framework and development guidelines
ii. Residential District framework and development guidelines
iii. Commercial District framework and development guidelines
iv. Framework Roadway/Street cross section guidelines
v. Landscape/Hardscape Guidelines
vi. Lighting Guidelines
b. The Design Guidelines shall be completed no later than September 30, 2020. A
copy shall be provided to both Lake County and the City of Clermont.
•
•
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R:1Economic Development\Staff\BMatulka\Wellness Way\Consultant Agreeement\Wellness Way Interlocal Agreement 10.2019 V2.docx
CL TRACY ACKROYD HOWE, MMC
City Clerk
CER
L ON
352-241-7331
Chace of Champions` Tackroyd@clermontfl.org
October 9, 2019
Levey Consulting, LLC
P.O. Box 560156-0156
Orlando, FL 32856-0156
Re: Professional Consultant Services Agreement
To Whom It May Concern,
Enclosed herewith for your review and execution,please find the partially executed Professional Consultant
Services Agreement which the Clermont City Council approved at the regularly scheduled meeting on October 8,
2019. Upon execution, please return the original agreement to my attention using the self-addressed envelope
provided.
If you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
d71
rlie inker
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov