Contract 2019-91 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.
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
�� ,�' IAN /r/
qty Clerk Gail L.Ash, Mayor
This 8a of a JzitJ , 2019.
Appro - o as to ►rm and legality:
1110111PPIPir
wrll
City Atte
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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
COUNTY c0*
4t44A-1' C4k `si
ary 4� • _ , Leslie Campione, Chairman
of Co - . missiers of eq / '' ' • A 1 I� '
Lake County, Florida Fa, F9 This L of 1\10 Q-w`I ,2019.
Approved as to form and legality:
Melanie Marsh, County Attorney
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EXHIBIT A
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)
ll. 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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BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA /\
OFFICE OF THE COUNTY MANAGER (/ � h
AGENDA ITEM COVER SHEET _ J /l'
DATE: 7/24/2019 MEETING DATE: 10/22/2019
TO: Jeff Cole, County Manager ITEM TYPE: Consent Item
THRU:
ITEM ID: 9275
BY: Brenda DeMartino, Office Manager
SUBJECT: Interlocal Agreement between the City of Clermont and Lake County
regarding consulting services for the Wellness Way Urban Services Area.
RECOMMENDATION/REQUIRED ACTION:
Request approval of the Interlocal Agreement with the City of Clermont regarding
consulting services for the Wellness Way Urban Services Area, and approval of a
budget transfer moving the funds into the appropriate account. The fiscal impact is up to
$155,000.00 (expenditure - $110,000.00 in year one and $45,000.00 in year two).
Commission District 1
BACKGROUND SUMMARY: The Wellness Way Urban Services Area is a strategic
corridor for economic development in Lake County that is the product of long-term
collaboration between the County and the City of Clermont. The more than 15,500-acre
area in south Lake County has been planned and designed to accommodate the high
volume of growth being experienced as a County, while also addressing the attraction
of economic development opportunities and high wage jobs.
As partners, both Lake County and the City of Clermont are seeking to accomplish an
extensive set of goals and objectives in the Wellness Way area and seek to enter into
an interlocal agreement to assist both parties. Through the agreement, Levey
Consulting, LLC, will be tasked with working on behalf of both the County and City to
achieve outcomes by working with property owners in the Wellness Way area,
facilitating meetings between stakeholders, and establishing an implementation plan
and design guidelines for the area.
Fiscal Impact: Fiscal Impact is up to $155,000.00 (expenditure).
$110,000 to be paid Year One
$45,000 to be paid Year Two
Account No.:
TRACY ACKROYD HOWE, MMC
City Clerk
CLERIONT
352-241-7331
Chace of Champions" Tackroyd@clermontfl.org
County Attorney
RECEIVED
OCT 1 1 2019
October 9, 2019
Lake County Attorney's Office
Attn: Melanie Marsh
P.O. Box 7800
Tavares, FL 32778
Re: Interlocal Agreement for Consulting Services for Wellness Way
To Whom It May Concern,
Enclosed herewith for your review and execution, please find a copy of the executed Interlocal Agreement
between Lake County, Florida and the City of Clermont, Florida for Consulting Services for Wellness Way which the
Clermont City Council approved at the regularly scheduled meeting on October 8, 2019. Upon execution, please
return one of the two provided agreements 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,
arlie Zinker
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
6 TRACY ACKROYD HOWE, MMC
1 City Clerk
CLER O
N
T352-241-7331
Choice of ChampionsTackroyd@clermontfl.org
County Attorney
RECEIVED
DEC 302019
December 27, 2019
Lake County Attorney's Office
Attn: Melanie Marsh
P.O. Box 7800
Tavares, FL 32778
Re: Interlocal Agreement for Consulting Services for Wellness Way
To Whom It May Concern,
Enclosed herewith for your review and execution, please find the City's copy of the Interlocal Agreement
between Lake County, Florida and the City of Clermont, Florida for Consulting Services for Wellness Way. The
County Commissioners' Chairman and County Attorney both signed the agreement however the signature page is
currently missing the County Clerk's signature on page 6. Upon execution by the County Clerk, please return the
provided 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.
Sincrerely,
6..t.,:4 e4,,,,24..,.i
Carlie Zinker
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov