2010-62 JOINT PROJECT AGREEMENT
BETWEEN
LAKE COUNTY WATER AUTHORITY,
LAKE COUNTY, FLORIDA
AND
CITY OF CLERMONT
REGARDING
HOOKS STREET DRAINAGE IMPROVEMENTS Phase I Study
THIS INTERLOCAL AGREEMENT (the "Agreement ") is made and entered into by and between
LAKE COUNTY WATER AUTHORITY, an independent special district organized under the laws of the State
of Florida( hereinafter the "LCWA "), whose address for purposes of the Agreement is 107 North Lake
Avenue, Tavares, Florida 32778, LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter the "COUNTY "), whose address for purposes of this Agreement is 315 West Main Street,
P 0 Box 7800, Tavares, Florida 32778, the CITY OF CLERMONT, FLORIDA, a municipal organization
organized under the laws of the State of Florida (hereinafter the "CITY "), who address for purposes of
this Agreement is P.O Box 120129, Clermont, Florida 34712 (the LCWA, the COUNTY and the CITY may
be hereinafter referred to collectively as the "parties ")
WITNESSETH
WHEREAS, the Parties desire to preserve the water quality in water bodies of Lake County, and
WHEREAS, Hooks Street is a County road and is located within the corporate City limits of
Clermont, and
WHEREAS, the drainage from Hooks Street is conveyed without treatment to a point of
discharge to Lake Minnehaha on the Clermont Chain of Lakes, and
WHEREAS, the LCWA has committed funds to a project to benefit the Clermont Chain of Lakes,
and
WHEREAS, the COUNTY has committed funds to retrofit existing stormwater management
systems to provide water quality treatment prior to surface water discharge, and
WHEREAS, the CITY has committed to provide in -kind services to manage the construction of
the Hooks Street Drainage Improvements Project including design, permitting, bidding and construction
services using the CITY'S staff and continuing consultant services contracts, and
WHEREAS, the, parties desire that certain stormwater conveyance system generally depicted in
Exhibit A, attached hereto and incorporated herein by reference, be modified to provide water quality
treatment for the stormwater prior to discharge to Lake Mmnehaha, and
WHEREAS, the COUNTY, the LCWA and the CITY are desirous of entering into this Interlocal
Agreement to share in the costs associated with the scope of services
NOW THEREFORE, for an in consideration for the mutual terms, understandings, conditions,
premises and covenants herein set forth, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows
Section 1. Recitals. The forgoing recitals are true and correct, and hereby incorporated as
a material part of this agreement as if fully set forth herein
Section 2. Project Approach. The CITY, COUNTY and LCWA shall meet with the CITY'S
Consultant in a project kick -off meeting to establish the approach and direction the project shall take to
achieve the desired goals
Section 3. Engineering Scope of Services.
A. The CITY has secured a written proposal, Exhibit A, for a scope of services from the CITY'S
Continuing Services Consultants (Consultant) The proposal has been reviewed and
approved by the COUNTY and the LCWA The CITY will enter into the agreement with the
Consultant to provide engineering services necessary to the project The Consultant's fees
shall not exceed $9,600.00 The City shall invoice the COUNTY and LCWA in one third (1/3)
increments with each entity contributing an amount not to exceed $3,200 00, except as may
be exceeded in accordance with Section 3B below
B The CITY shall have the ability to negotiate change orders so long as such change orders
do not exceed $960 00 on engineering or ten percent (10 %) of the cost of the scope of services Change
orders in excess of this amount will require approval by the COUNTY and LCWA
Section 4. Future Phases The parties may, depending on funding availability, enter into
future agreements to share in the costs associated with the design and construction of the preferred
alternative
Section 5. Termination Any party shall have the right to terminate this Agreement for
cause with thirty (30) days written notice to the other. In the event of termination by any party, the
remaining parties shall Iie entitled to reimbursement of work by the consultant up to and including the
day of termination
Section 6. Modifications. Unless otherwise specified herein, no modification, amendment
or alteration of the terms or conditions contained herein shall be effective unless contained in a written
document executed by the parties hereto, with the same formality and of equal dignity herewith
r �
Section 7. Notices.
A All notices, demands or other writings required to be given or made or sent in the
Agreement, or which may be given or made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when in writing and addressed as follows
COUNTY CITY LAKE COUNTY WATER AUTHORITY
County Manager City Manager Director
P 0 Box 7800 P 0 Box 120129 107 N Lake Avenue
Tavares, Florida 32778 Clermont, Florida 34712 Tavares, Florida 32778
Cc Mary Hamilton Cc Tamara Richardson Cc Ron Hart
B All notices required, or which may be given hereunder, shall be considered properly given if
(1) personally delivered, (2) sent by certified Unites 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 shall 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. Parties may designate other parties or addresses to which notice shall be sent by notifying,
in writing, the other party in a manner designated for the filing of notice hereunder
Section 8. Entire Agreement. This document embodies the entire agreement
between the parties It may not be modified or terminated except as provided herein
Section 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
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement on the respective dates under each signature Lake County, through its Board of
County Commissioners, si ning by and through its Chairman, authorized to execute same by
Board action on the day o)lo , 2010, by the City of Clermont, through its City
Council, signing by and through its Mayor, authorized to execute same by Council action on the
14th day of September, 2010, and by the Lake County Water Authority, through its Board of
Trustees, signing by and through its Executive Director, authorized to execute same by Board
action on the day of . 2010
ATTEST 4 KE COU TY ' TER ;UTHORITY
s—kok,&,\Ad..kik AL/Addis.
Michael J. Perry, Executive ) erector
ATTEST CITY OF CL ERMONT
Tracy Ackroyd, City Clerk Harold S Turville, Jr , Mayor
ATTEST LAKE COUNTY, FLORIDA through its
BOARD OF COUNTY COMMISSIONERS
Neil K I1y, Clerk 1 Welton G Cadwell, Chairman
Of the Board of County Commissioners
Of Lake County, Florida This Oki day of (OV , 2010.
Approved as to form and legality
Melanie Marsh
Acting County Attorney
•
�+Lr�
LAKE COUNTY
DEPARTMENT OF PUBLIC WORKS
November 15, 2010
Tracy Ackroyd, MMC
City Clerk
City of Clermont
P.O Box 120219
Clermont, Florida 34712 -0219
Re: Joint Project Agreement between City of Clermont, Lake County, and the
Lake County Water Authority — Hooks Street Drainage Improvements
Project
Dear Ms Ackroyd
Attached, please find two (2) original signed agreements as requested. We are
currently processing a purchase order for $3,200 to cover our 1/3 match on the above
project, and will notify you when it has been assigned
If you have any questions, please feel free to give me a call at (352) 483 -9080
Sincerely,
Mary L. Hamilton
Stormwater Project Manager
MLH /cls
cc Fred Schneider, P E., Director of Engineering — w/o attachments
Connie Rodgers, Finance Department — w/ attachments
File
437 ARDICE AVENUE O EUSTIS, FLORIDA 32726 O P 352 483 9000 O F 352 483 9025
Board of County Commissioners O www lakecountyfl goy
JENNIFER HILL ELAINE RENICK JIMMY CONNER LINDA STEWART WELTON G. CADWELL
District 1 District 2 District 3 District 4 District 5