R-2018-44R CITY OF CLERMONT
•• Chace of --Champoons CSR ANT RESOLUTION NO.2018-44R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE
CITY OF CLERMONT AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida,that:
SECTION 1.
The City Council does hereby approve the acceptance of the Interlocal Agreement regarding the
Cooper Memorial Library funding between Lake County and the City of Clermont, subject to the
conditions contained in the agreement as incorporated and attached hereto.
SECTION 2.
This Resolution shall take effect immediately upon its adoption.
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DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 23rd day of October, 2018.
/ ' rt CITY OF CLERMONT
er,
.00
ail L. Ash, ayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
Approved as to form and legality:
D., ` ' aris, City Attorney
INTERLOCAL AGREEMENT BETWEEN
LAKE COUNTY, FLORIDA AND
CITY OF CLERMONT
FOR COOPER MEMORIAL LIBRARY FUNDING
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, the COUNTY and Lake-Sumter State College jointly operate the Cooper
Memorial Library, located at 2525 Oakley Seaver Drive, Clermont, Florida 34711, as a branch
library of the Lake County Library System;
WHEREAS, the CITY desires to provide funding to the COUNTY for expanding the
hours at the Cooper Memorial Library;
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.
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 pay Seventy-Six Thousand Nine Hundred Twenty and 00/100
Dollars ($76,920.00)to the COUNTY no later than of each year that this Agreement is
in effect.
B. The COUNTY shall,with the consent of Lake-Sumter State College,operate the Cooper
Memorial Library in accordance with the following schedule, excluding holidays or periods of
temporarily extended or limited hours:
Sunday Closed
Monday 8:00 am to 8:00 pm
Tuesday 8:00 am to 8:00 pm
Wednesday 8:00 am to 8:00 pm
Thursday 8:00 am to 8:00 pm
Friday 9:00 am to 5:00 pm
Saturday 9:00 am to 5:00 pm
C. The COUNTY shall, in coordination with Lake-Sumter State College, use the funding
provided by the CITY on an annual basis as follows:
Staffing Three(3)additional part time employees (20 hours $36,414.00
each)
Security 4(four)additional hours(Saturday) $3,831.00
Physical plant Sixteen(16)additional hours per week $36,675.00
TOTAL $76,920.00
D. If at any time Lake-Sumter State College does not provide consent or withdraws its
consent to expand the hours of the Cooper Memorial Library in accordance with this Agreement,
then this Agreement will become null and void.
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 terminated by either party. 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 Maleure. 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.
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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 West Montrose Street
P.O. Box 7800 Clermont, Florida 34711
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.
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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)
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CAUsaa‘CzmkalDaktopTlertnont Cooper Manorial Library Imvlocal Agecment_CAO_9.25.18.Docx
Interlocal Agreement Between Lake County, Florida and the City of Clermont as for Cooper
Memorial Library Funding
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: the COUNTY through its Board of County
Commissioners, signing by and through its Chairman, and by the CITY through its duly
authorized representative.
COUNTY
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Timothy I. Sullivan, Chairman
This day of , 2018
ATTEST:
Gary J. Cooney, Clerk
Board of County Commissioners
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh
County Attorney
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Interlocal Agreement Between Lake County, Florida and the City of Clermont as for Cooper
Memorial Library Funding
ATTEST: CITY
CITY OF CLERMONT
/
Tracy Ackroyd-Howe, City Clerk Gail Ash, Mayor
This(9 3 day of ( ,-}pbeA ' , 2018.
Approved , • • .1 Mega 1 :
Dame . an .1 , " , • "orney
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C1UsasCrinkerlDaktoplClermont Cooper Manorial Library Interlocal Ag«man_CAO_9.25.1 B.Docx
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Interlocal Agreement Between Lake County, Florida and the City of Clermont as for Cooper
Memorial Library Funding
IN WITNESS WHEREOF, flee parties have made and executed this Agreement on the
respective dates under each signature: the COUNTY through its Board of County
Commissioners, signing by and through•its Chairman, and by the CITY through its duly
authorized representative. • i
I
COUNTY
BOARD OF COUNTY COMIVIISSIONERS
LAKE COUNTY,FLORIDA
KtaktamitA;n).,
7.i.81 i P f:alniltnT P ,Chair
This day of 2018
ATTEST: j
1
t
Bo:-, '. County Co er T/�7. ' o
of a County,Flo da e
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Approved as to form and legality:
Melanie Marsh •
County Attorney
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SIDOLU4EN1t]OISrLmR1R1Vememt Cooper Mewt4l Agreanine.Clecread Cape(Mammal Mary Intwitml Appenmt CAOj.TSI;I.Ooat
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TRACY ACKROYD HOWE, MMC
City Clerk
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CSERo T
352-241-7331
Choice of Champions- Tackroyd@clermontfl.org
November 6, 2018
Lake County Manager's Office
Attn: Nicki Booth
P.O. Box 7800
Tavares, FL 32778
Re: Interlocal Agreement for Cooper Memorial Library Funding
To Whom It May Concern,
Enclosed herewith for your review and execution, please find a copy of the executed Interlocal Agreement
for Cooper Memorial Library Funding which the Clermont City Council approved at the regularly scheduled meeting
on October 23, 2018. Upon execution, please return one of the two provided Lake County signature pages 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,
Carlie Zinker
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov