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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