Fort Walton Beach Council agenda — 05-14-13--regular — reading text

mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: The County and the City do hereby agree that the ( SHIP) Program funds are to be distributed to the County by Florida Housing Finance Corporation, as provided in 420. 9073, Florida Statutes. Said funds shall be made available to the County' s Housing Partner with a minimum of 20% of the funds being used within the City, unless qualified projects cannot be found. The County' s Housing Partner for administering, reporting and monitoring of the ( SHIP) Program shall receive 10% of the funds received. Packet Pg, Y,  11. 1. a 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this agreement shall run concurrent with the distribution of (SHIP) Program funds which are to be allocated between the County and the City. 3. The City and the County direct the Florida Housing Finance Corporation ( the "Corporation ") to distribute and allocate the ( SHIP) Program funds in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The ( SHIP) Program funds so distributed will be deposited in a single depository account created by and managed by Okaloosa County. This account shall be known as the Okaloosa local Housing Trust Fund hereinafter referred to as " Local Housing Trust Fund'), to which ( SHIP) Program funds are distributed by the Corporation. The Corporation will be notified of any change in the Local ( SHIP) Program Fund status and the parties agree to have such Local ( SHIP) Program audited annually as required by Chapter 420, Florida Statutes and Chapter 67 -37 Florida Administrative Code. The parties hereto agree to pay their pro -rata share of the costs of an audit of the Local ( SHIP) Program Funds in accordance with the funding distribution percentages denoted in Section 1 of this Agreement. 5. Provided this Interlocal Agreement remains effective between the County and the City, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local SHIP) Program Fund. 6. The parties to this Agreement understand that the relevant law requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and the spirit of applicable law is satisfied. 7. Neither party shall use any revenues distributed and allocated for purposes other than those authorized by 420. 9072 ( 7), Florida Statutes, or as stipulated in Florida Housing Finance Corporation Administrative Rule 67 -37, as amended, as each may be applicable to the SHIP Program. 8. If at any time during the term of this Interlocal Agreement, the County or the City which are the parties to this Interlocal Agreement, the County or City believe that the intent of the parties set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety (90) days written notice, renegotiate the terms and the provisions of this interlocal Agreement prior to the commencement of the next fiscal year. If the parties are unable to renegotiate the terms and provisions of this Interocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be a party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated as provided Packe' Ad 77  F, 1. 1.- by law. 9. If either party shall cease to be eligible for allocation or distribution of State Housing Initiative Partnership (SHIP) Program monies, such party's allocation of the funds shall remain in the State (SHIP) Program Fund to be used by the Corporation 10. The parties of this Agreement shall cooperatively prepare, and submit a single consolidated annual report incorporating all activities undertaken with ( SHIP) Program funds in compliance with reporting provisions of Florida Administrative Code 67- 37.011 11. For all purposes herein, the term " Interlocal Agreement" shall mean this Interlocal Agreement, and the provisions thereof. 12. This Interlocal Agreement shall become effective when filed in the office of the Okaloosa County Clerk of Circuit Court Finance department. The County shall be responsible for such filing as soon as this Agreement has been fully executed. BALANCE OF PAGE BLANK - - - -- Pae1 Pg: 78  11. 1. a IN WITNESS WHEREOF, the said municipal corporation in pursuance of due and legal action of its City Council has executed these presents causing its name to be signed by its Mayor and its corporate seal to be affixed, and Okaloosa County, a political subdivision of the State of Florida has caused these presents to be executed in its name by its Board of County Commissioners, acting by its Chairman of said Board, the day and year first written above. CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, A Municipality Chartered in the A Political Subdivision of the State of State of Florida Florida, by and Through its Board of County Commissioners i3 go Mike Anderson, Mayor Don R. Amunds, Chairman P. O. Box 4009 1804 Lewis Turner Blvd. Fort Walton Beach, FL 32549 -4009 Fort Walton Beach, FL 32547 850) 243 -3141 850) 651 -7105 BCC Approved: ATTEST: ATTEST: BY: 1 Helen A. Spencer, Don W. Howard, City Clerk Clerk of Circuit Court, Okaloosa County, FL SEAL SEAL Date: Date: To: Michael D. Beedie, City Manager From: Michael Beedie, City Manager Date: May 14, 2013 Subject: 2013 -14 Extending Interlocal Agreement for Six Cents Local Option Gas Tax 1. BACKGROUND: 1. L On May 30, 2003, Okaloosa County and the municipalities of Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar, and Valparaiso entered into an Interlocal Agreement for the Distribution of the Six Cents Local Option Gas Tax. The Interlocal Agreement was effective for ten ( 10) years from the effective date. 1. 2. Section 336.025 of the Florida Statutes dictates the funding distribution formula for local option gas taxes, and if an intcrlocal agreement is not reached with the county and a majority of its municipalities (based on population), the formula must be followed. 1. 3. Back in 2003, the formula calculated the funding distribution as 67% Okaloosa County and 33% Municipalities. However, an agreement was reached for a 60% / 40% funding distribution, which was shown in the executed Interlocal Agreement. 2. DISCUSSION: 2. L With the expiration of the current Interlocal Agreement occurring on May 30, 2013, it is necessary to extend the existing funding distribution. Staff has discussed this issue with Okaloosa County and the other municipalities, and all are in agreement that an extension is necessary through December 31, 2014, 2. 2. Okaloosa County is currently discussing the idea of levying a portion of the remaining five cent local option gas tax, which, if adopted, would require a recalculation of the funding distribution and a new Interlocal Agreement. 3. FINANCIAL INFORMATION: 3. 1. In the FY 2012 -13 budget, the City is estimating to receive $ 645, 000 from the Six Cents Local Option Gas Tax. The new Interlocal Agreement would not change the funding percentage the City receives. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council adoption of Resolution 2013 -14 to approve an Interlocal Agreement for the Distribution of the Six Cents Local Option Gas Tax to extend the current funding distribution to December 31, 2014 and to authorize the Mayor to execute all necessary documents. ATTACHMENTS: 2013 Interlocal Agreement Six Cents Local Option Gas Tax ( PDF) DOC m: 2352 Page 1  F-1 1- 2 RESOLUTION ( ID # 2352) PDF) 2003 Okaloosa Comity Interlocal - Local Option Gas Tax ( SIGNATURE BLOCK: Finance Completed 05/ 07/ 2013 8: 37 AM City Attorney Completed 05/ 07/ 2013 11: 41 AM Carole Jones Completed 05/ 08/ 2013 7: 52 AM City Manager Completed 05/ 08/ 2013 1: 46 PM City Council Pending Packs[ Pg. 81  11 . 2 RESOLUTION ( ID # 2352) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA APPROVING THE INTERLOCAL AGREEMENT AMONG OKALOOSA COUNTY AND THE MUNICIPALITIES OF CINCO BAYOU, CRESTVIEW, DESTIN, FORT WALTON BEACH, LAUREL HILL, MARY ESTHER, NICEVILLE, SHALIMAR, AND VALPARAISO FOR THE DISTRIBUTION OF THE SIX CENTS LOCAL OPTION GAS TAX IN ACCORDANCE WITH SECTION 336. 025 OF THE FLORIDA STATUTES; AUTHORIZING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS RELATED TO THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. Authority. This resolution is enacted pursuant to the provisions of Chapter 166 of the Florida Statutes, the City Charter and other applicable provisions of law. Section 2. Findings. It is hereby ascertained, determined and declared that A. On May 30, 2003, Okaloosa County and the municipalities of Cinco Bayou,