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2015-49 • INTERLOCAL AGREEMENT REGARDING DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE SURTAX This Interlocal Agreement ("Agreement") is made by and between Lake County, Florida ("Lake County"), a political subdivision of the State of Florida, the Cities of Tavares, Umatilla, -Astatula, Eustis, Clermont, Groveland, Howey-in-the-Hills, Mascotte, Minneola, Mount Dora, Fruitland Park, Leesburg, Montverde and Lady Lake, collectively the ("Cities"), and The School Board of Lake County, Florida("School Board"), a body corporate existing under the laws of the State of Florida,regarding the distribution of the Local Government Infrastructure Surtax. WITNESSETH WHEREAS, Section 212.055, Florida Statutes authorizes the Lake County Board of County Commissioners to levy a discretionary local government infrastructure sales surtax for purposes of funding infrastructure; and WHEREAS, pursuant to Section 212.055(2), Florida Statutes, on June 9, 2015, or as soon thereafter as possible, Lake County intends to conduct a public hearing and adopt an Ordinance which would provide for the extension and levy of the one cent infrastructure sales surtax within the geographical boundaries of Lake County to take effect after approval by a majority of the electors of Lake County voting in a referendum on November 3, 2015, hereinafter the"Surtax"; and WHEREAS, Chapter 163, Florida Statutes, Section 212.055(2)(c), Florida Statutes, and other applicable laws authorize this Agreement between Lake County, the Cities and the School Board regarding the distribution of the Surtax proceeds; and WHEREAS, the Cities represent a majority of Lake County's municipal population; and WHEREAS, the parties deem it is in the best interest of the citizens of Lake County to extend the existing Surtax. NOW THEREFORE, in consideration of the mutual covenants and promises between the parties to this Agreement and the mutual benefits that enure to the parties and to the public, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into and become a part of this Agreement. 2. Municipalities. In the event new municipalities are created within Lake County's geographical area, and unless otherwise provided by law, the parties hereby agree that such new municipalities will be permitted to join in this Agreement and participate, prorata, in the proceeds of the Surtax. 3. Surtax Proceeds Distribution. Upon Lake County's adoption of the Ordinance renewing the one cent Surtax for an additional period not to exceed fifteen (15) years and upon such Surtax being approved by the electors of Lake County at the November 3, 2015 referendum, the Surtax shall be distributed during the period from January 1, 2018 through December 31, 2032 as follows: a) The School Board shall receive disbursements equaling-one-third (33.33%) of the net proceeds of the Surtax revenue per year. b) Lake County shall receive disbursements equaling one-third (33.33%) of the net proceeds of the Surtax revenue per year. c) The Cities combined shall receive disbursements equaling one-third(33.33%) of the net proceeds of the Surtax revenue per year to be divided among them based on population as set forth in Section 212.055(2)(c), Florida-Statutes, and Section 218.62, Florida Statutes. 4. Consent. Lake County and the Cities consent to the distribution of the Surtax revenue to the School Board, as provided in Section 3 above. 5. Surtax Collection. Lake County, the_School Board and the Cities shall receive the revenue of the Surtax monthly from the Department of Revenue and each shall retain all revenue in a separate account. 6. Collection Reports and Inspection. The parties agree to keep all Surtax revenue segregated from other funds and to maintain records showing the amount of revenue received and the expenditures of such revenues in accordance with this Agreement, Section 212.055(2), Florida Statutes, and the ballot language of the,November 3, 2015 referendum. The parties shall have the right to review the records of each other as to the receipt, allocation and expenditure of the Surtax. All such inspections shall be made upon reasonable prior notice at a mutually agreeable time and place. 7. Surtax Use. Lake County, the Cities and the School Board each certify to the others that revenue and interest thereon received from the Surtax shall be expended by that jurisdiction only as permitted by Section 212.055(2), Florida Statutes, the Ordinance and the ballot language of the November 3, 2015 referendum. Lake County, the Cities and the School 2 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 - Board further certify that the revenue received pursuant to this Agreement shall be used to supplement funds currently budgeted for infrastructure. 8. Sales Surtax Oversight Advisory Committee. Lake County has established the Sales Surtax Oversight Advisory Committee under Section 2-90.42 through 2-90.46,, Lake County Code. The parties"hereby agree that the Sales Surtax Oversight Advisory Committee shall be continued for the purposes of reviewing the expenditures of the revenue generated by the renewed sales tax to ensure the revenue is being used for the purposes specified. The School Board shall agree to continue to appoint two (2) members to the Lake County Sales Surtax Oversight Advisory Committee. The Lake County League of Cities shall continue to appoint two (2) members to the committee, and that the Constitutional Officers, up to three (3), will be invited and encouraged to become members of the Sales Surtax Oversight Advisory Committee. The members designated by the School Board and the League of Cities shall be submitted to the Lake County Board of County Commissioners which shall, as a ministerial duty, appoint such persons to the Sales Surtax Oversight Advisory Committee. , The parties hereto agree to cooperate with,,aid and assist the Sales Surtax Oversight Advisory Committee to the extent reasonably possible. 9. Authority. Lake County, the Cities and the School Board, each to the other, warrant and represent that the execution and delivery of this Agreement has been duly authorized by all appropriate actions of their respective governments and that this Agreement has been otherwise executed and delivered by an authorized officer, as applicable. 11. Term. The term of this Agreement shall run from January 1, 2018 through December 31, 2032. Notwithstanding anything to the contrary contained herein, this Agreement shall terminate upon receipt by and expenditure by each jurisdiction of its final distribution of the revenue of the Surtax pursuant to, Section 3 above. Additionally, this Agreement shall be automatically terminated if the Lake County voters fail to approve the Surtax extension on November 3,2015. 12. Effective Date. This Agreement shall take effect upon the date the last party executes the same ("Effective Date"). 13. Referendum. This Agreement is contingent upon approval of the Surtax by the electorate at a Referendum to be held on November 3, 2015. 14. Governing Law. This Agreement shall be governed by the laws of the State of Florida. All legal actions to enforce this Agreement shall be held in Lake County. No remedy conferred in this Agreement is intended to be exclusive of any other remedy, at law or in equity 3 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Citres_4-21-15 or by statute or otherwise. No excuse or failure to exercise, by any party of any right, power, or remedy hereunder shall preclude any other or future exercise thereof. This Agreement shall be construed equally against each party in recognition of the fact that each has had the opportunity of review and participation,by their.respective counsel, in the preparation of this Agreement. 15. Entire Agreement. This Agreement sets forth the entire Agreement between the parties. There are no promises or understandings other than those stated herein. None of the provisions, terms or conditions contained-in-this Agreement may be modified, superceded or otherwise altered except by written agreement by all the parties. 16. Survivability. If any item or provision of this Agreement, or the application thereof to any persons.or circumstances shall be held,invalid or unenforceable, the remainder of this Agreement, or the application of such terms of provision shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 17. Notices. All notices required under this Agreement shall be delivered by U.S. mail or hand delivered to the following offices: Lake County School Board Office of the County Manager Superintendent of Schools 315'West Main Street 201 W. Burleigh Boulevard P.O. Box 7800 Tavares, Florida 32778 Tavares,FL 32778-7800 City of Tavares City of Umatilla City Administrator City Manager P. O. Box 1068 P. O. Box 2286 Tavares, Florida 32778 Umatilla,Florida 32784 Town of Astatula City of Eustis Town Administrator City Manager 25009 C.R. 561 P. O. Drawer 68 Astatula, Florida 34705 Eustis, Florida 32727-0068 City of Clermont City of Groveland City Manager City Manager P. O. Box 120219 156 S. Lake Avenue Clermont,Florida 34712-0219 Groveland, Florida 34736-2597 City of Minneola City of Mount Dora Mayor City Manager P. O. Box 678 P. O. Box 176 Minneola, Florida 34755 Mount Dora, Florida 32757 4 2015/Ordmances/2015-_Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 City of Fruitland Park City of Leesburg City Manager City Manager 506 W. Berckman Street P. 0. Box 490630 Fruitland Park, Florida 34731 Leesburg, Florida 34748-0630 Town of Lady Lake Town of Montverde Town Manager Town Clerk 409 Fennell Boulevard P. 0. Box 560008 Lady Lake, Florida 32159 Montverde,Florida 34756 Town of Howey-in-the-Hills City of Mascotte Town Mayor City Manager 101 N. Palm Avenue 100 East Myers Boulevard Howey-in-the-Hills, Florida 34737 Mascotte, Florida 34753 18. Counterparts. This Agreement may be executed in counterparts to expedite its implementation and Effective Date. 19. Filing. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Lake County as provided by Section 163.01(11), Florida Statutes, and with the Florida Department of Revenue. [The 'remainder of this page intentionally left blank] 5 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax IN WITNESS WHEREOF, Lake County, the Cities of Tavares, Umatilla, Astatula, Eustis, Clermont, Groveland, Minneola, Mount Dora, Fruitland Park, Leesburg, Montverde, Mascotte, Howey-in-the-Hills, and Lady Lake and the School Board have caused this Agreement to be duly executed through their authorized representation, on their respective date set forth below. ATTEST: LAKE COUNTY BOARD OF COUNTY COMMISSIONERS 7. s.4)11b6 a el Kelly Cl- k-©f.th J. Conner, Chairman §'Boardrof C sunt o oners• �i�, ^ '' This !,l day of , 2015. Approved as to Fe and Legality: San ord A. Minkoff County Attorney 6 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST TOWN OF ASTATULA • A . Town C erk r Print name. oit q c Limbo E-er f This II day of 2015 Approved as to Form and Legality. Town AP. e 7 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-I5 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF CLERMONT I10) t e, City Clerk rint name: Qg 1,L . S ,F,, Viz.,„=c;u`A, This a� d �ay of /�/ , 2015. Approv•t-as t Form—a•.d Lega • . 41"111111111P-- 8 8 2015/Ordinances/2015-_Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF EUSTIS CityCl rk Print name: H1t berl- G- '1 0.n This day of Mei ,2015. ,,•••'G.1,l OF..''••.,. s :,... .... c„,,, -,.„ ... ,1 „ . . : „.., \ \.. Form and Legality: 1. .,. k,... .../.:,,, , d, , , a'.0. . 41 ' City Attorney 9 2015/Ordmances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax d-''',_ ATTEST: CITY OF FRUITLAND PARK- •f ANO ,,j- _ t y- fid` _ �ir,art -e;; w City Clerk Chris Bell May`.orry y • „ d n name: � This 14th day of May ,2015. Approved as to Form and Legality: City Attorney 10 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-I5 . 1 Interlocal Agreement between the County, The School Board, and the Municipalities for Distnbution of the Infrastructure Sales Surtax ATTEST: CITY OF GROVELAND 411 City Clerk Pnnt name. This ' 111"day of 141411 ,2015 Approved as to Form and Legality. - Ctfith:±k- ChAVtAJ City Attorney 11 2015/Ordmances/2015-_Infrastructure Sales Surtax/Interlocal w Cmes 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST CITY OF LEESBURG - I Ci ' Clerk Print name Elise A. Dennison This 27thday of April , 2015 Approved as to Form and Legality City Attorney 12 2015/Ordinances/2015-_Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF MASCOTTE • .. .l I I'. . .r' I .//1/P' City Clerk 'rint name: i. ,IM��' ,a 'to/(/ This I day of t N-(-- , 2015. Approved as to Form and Legality: � � � '�� 4 City AC ey " 13 2015/Ordinances/20I5-_Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF MINNEOLA EigP / ' —z,...----0______ I4 AAA— City Clerk Print name: 1/4K-k- kp\IPy This 5+14 day of I VlO ,2015. • R SEAL - 1926 Azomop,... ,:. Appro -. srm and Legality: %-% •'•• . /0( „, Cit Attorney 14 2015/Ordinances/2015-__Infrastructure Sales Surtax/Interlocal w Cites 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF MOUNT DORA :22fsiZe_er/(120_,-/./- City Clerk Print name: Cilli /ht ? h ',ts'T This 5 day ofa, , 2015. Approved as to Form and :gality: ''Attorney 15 2015/Ordinances/2015-__Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF TAVARES Cita y r. , Print name: r , 5m;--%- 1 # or 11' n.c:7- 4/ °° ' This -r day of 2015. Q vc y#' ,y`b° 3' -' ,>, C:3 `'�' /V ice' 4-F• f rar*.I. j/,..1t(l�lalf�'ly'116�Itik�n Appre •-d as to Form and Legality: i City Attorney 16 2015/Ordmances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 • Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST: CITY OF UMATILLA City Clerk Print name: Brian Butler, Mayor This 19th day of May ,2015. Approved as to Form and Legality: 7 .... City Attorney ..-,'-_';7-1,-;'"1.-__-2,M7"7":-. J%,-JA d ,a.,.'ti _, ho • w„: __,.. v„ ktj • i 1� o'".�p'rJJ+„'' 1. SI J W y� \. V1�e' ,{ may �lo F� 17 2015/Ordinances/2015-_infrastructure Sales Surtax/Interlocal w Cities 4-21-15 Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax AT ;,; TEST: .���t TOWN OF HOWEY-IN-THE-HILLS S-nom �' ` ,f'� + _ �1 C6(- Town Clerk Print name• CIN 1 S S 'Ps' r "5l R44 M This \\ day of_nt , 2015. Approved as to Fo and Legality: A Tow"orney 18 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal wCrties 4-21-15 1. Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surta' ATTEST TOWN OF LADY LAKE Town Clerk - Kriste ollgaard Pnnt name Ruth Kussard, Mayor This l8thday of May 2015 Ap. o No Form and Legality Town Attorney - Derek Schroth 19 201SiOrdmances/2015- infrastructure Sales Surtar/Interlocal w Cues 4-21-15 , Interlocal Agreement between the County, The School Board, and the Municipalities for Distnbution of the Infrastructure Sales Surtax ATTEST: TOWN OF MONTVERDE 0011111.1.- 111 /AI ice -- To Clerk 'rint . e: roy-'40M0 et This (2-day of /111-12-4-1 , 2015. Approved as to Form and Legality: jje aititedi Town Attorney 20 2015/Ordinances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15 a Interlocal Agreement between the County, The School Board, and the Municipalities for Distribution of the Infrastructure Sales Surtax ATTEST. SCHOOL BOARD OF LAKE COUNTY )al--a .st.t-- /ceivjteitii.. ./frtd.e4., Dr. Susan Moxley Debbie Stivender,Chairman Superintendent This //y of 7_,2015. Approved as to Form and Legality: A' sie 11•l Board ''Y -y 21 2015/Ordtnances/2015- Infrastructure Sales Surtax/Interlocal w Cities 4-21-15