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R16-071RESOLUTION NO. R16 -071 1� 1' 1; 1; 1� 1! 1E 1i 1f 1� 2( 21 2� 2; 2L 2f 2E 21 2E 2� A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 5, 2016, the City Commission adopted Resolution R16 -054 authorizing the Mayor to sign an Interlocal Agreement among Palm Beach County, The School Board of Palm Beach County and signatory municipalities within Palm Beach County pertaining to the shared distribution and use of the one cent local government infrastructure surtax; and WHEREAS, the initial proposed distribution included a small percentage of funding for cultural and economic development initiatives however, as discussions continued, the County Commission removed the cultural and economic development components from the distribution schedule; and WHEREAS, the new agreement provides for the following distribution plan approved by the Board of County Commissioners allocated as follows: 50 percent to the School District; 30 percent to the County; 20 percent to the 38 municipalities within Palm Beach County; and WHEREAS, two additional provisions were added to the agreement to provide for an automatic termination clause if Palm Beach Commissioners do not adopt an Ordinance and C:\Users\Stanzionet\Documentsal6-071 ILA(Rev)_W ith_PBC_ One_ Cent_Surtax_Distribution_- _Reso. Doc ballot language by June 10, 2016 and an early sunset clause if the surtax proceeds equal to or 3111 exceed $2.7 billion dollars. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement between Palm Beach County, The School Board of Palm Beach County and the signatory municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 . Each Whereas clause set forth above is true and correct and 41 ', incorporated herein by this reference. Section 2 . The City Commission of the City of Boynton Beach, upon recommendation of staff deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement between Palm Beach County, The School Board of Palm Beach County and the signatory municipalities, a copy of the Interlocal Agreement is attached hereto as Exhibit "A ". Section 3 . This Resolution shall become effective immediately upon its adoption. C:\Usei 1 LA(Rev)_With_PBC_ One_ Cent _Surtax_Distribution_- _Reso.Doc 49 50 51 52 55 56 57 mt1 PASSED AND ADOPTED this — day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE 67 68 69 70 71 72 73 74 75 76 ATTEST: Judith A. Pyle, CMC 5 'Interim City Clerk (Corporate Seal) YES NO C:\ Users \Stanzionet \Docuinents\RI6 -071 ILA(Rev)_With PBC_One Cent _Surtax_Distiibution_- _Reso.Doe O?� N 6 - 0 C6'I'Y OF BCYVOT 4 BEACH CITY CLERK'S OFFICE INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this day of MAY 2016 , 2016, by and between PALM BEACH COUNTY ( "County "), a political subdivision of the State of Florida, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic of the state of Florida ( "School Board "), and the signatory municipalities (collectively referred to hereinafter as "MUNICIPALITIES "): WITNESSETH: WHEREAS, pursuant to section 212.055(2), Florida Statutes (2015), the County intends to authorize by Ordinance the imposition of a one percent (1.0 %) Iocal government infrastructure sales surtax ( " Surtax " ) upon taxable transactions occurring in Palm Beach County and has provided for distribution of the proceeds from the Surtax subject to the outcome of a countywide referendum on November 8, 2016; and WHEREAS, the Municipalities are Iocated within Palm Beach County, are eligible to receive a portion of the Surtax, represent a majority of the County's municipal population, and desire to jointly establish with the County the distribution formula for the proceeds of the Surtax in accordance with section 212.055(2)(c)(1), Florida Statutes (2015); and WHEREAS, section 212.055(2)(c)(1), Florida Statutes (2015), provides that this Agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county's municipal population; and 1 WHEREAS, the parties to this Agreement desire to work together in order to promote the safe, efficient, and uninterrupted provision of numerous essential public services provided by the County, the Municipalities, and the School Board, including but not limited to providing improvements to district -owned school buildings, equipment, technology and security; purchasing school buses; repairing, constructing and equipping roads, bridges, sidewalks, streetlights, signalization, parks, recreational and governmental facilities, drainage, and wastewater facilities; and purchasing public safety vehicles and equipment; and WHEREAS, the parties to this Agreement shall each be responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. NOW THEREFORE, in consideration of the promises, covenants, and commitments contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged set forth herein, the parties agree as follows: SECTION 1, RECITALS. The foregoing recitals are true and correct and are hereby incorporated into and become a part of this Agreement. SECTION 2. TERM, This Agreement shall become effective when approved by the governing bodies of the County, the requisite number of Municipalities, and the School Board pursuant to section 212.055(2)(c)(1), Florida Statutes (2015). This Agreement shall remain in effect for the life of the Surtax imposed pursuant to the County Ordinance imposing the Surtax (the "Ordinance ") and until all Surtax Proceeds, as defined in Section 3 below, are expended by the respective parties. 2 SECTION 3. DISTRIBUTION PERCENTAGES. (a) The Surtax Proceeds, defined as the collected Surtax less the amounts retained by the Florida Department of Revenue for administrative expenses pursuant to section 212.055(2), Florida Statutes (2015), derived from the Surtax levied and imposed by the County shall be distributed by the Department of Revenue directly to the parties to this Agreement as follows: Palm Beach County 30.0% School Board of Palm Beach 50.0% County, Florida Municipalities within Palm 20.0% (to be divided Beach County proportionately among them based on population in the manner as set forth in Section 218.62(3), Florida Statutes; provided that the County's share received shall be as described herein and not pursuant to Section 218.62, Florida Statutes). (b) Distribution of the Surtax Proceeds hereunder shall be made monthly by the Department of Revenue from the Discretionary Surtax CIearing Trust Fund directly to the County, the Municipalities, and the School Board as to their respective shares of Surtax Proceeds during the term of this Agreement commencing on or about January 2017 and each month thereafter during the term of this Agreement. SECTION 4. USE OF SURTAX PROCEEDS. The parties to this Agreement each certify that all Surtax Proceeds shall be expended only as permitted by section 212.055(2), Florida Statutes and the ballot language of the November 8, 2016 referendum. The County, the Municipalities, and the School Board shall each 3 be separately responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. Any future revisions of the resolution(s) of the individual parties shall not require an amendment to this Agreement or the joinder and consent of the other parties. SECTION 5. CREATION OF CITIZEN OVERSIGHT COMMITTEES. (a) The County, the Municipalities, and the School Board shall each separately provide for the creation of citizen oversight committees ( "Committee" or collectively "Committees ") to provide for citizen review of their respective expenditure of Surtax Proceeds, as soon as possible after the Surtax becomes effective, but not later than the date on which Surtax funds are first expended. A Municipality may either participate in an oversight committee created by the Palm Beach League of Cities or create its own committee. (b) The Committees shall serve as advisory and reporting bodies to the creating entities. Each creating entity shall establish specific duties and membership requirements governing Committee operations and participation. (c) The Committees shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. Each Committee shall annually provide a report to the governing board of the entity which created it for acceptance. (d) Committee members shall receive no compensation for the performance of their duties. (e) The Committees, their members, and all their proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. 0 SECTION 6. MUTUAL COOPERATION. Each party agrees to work cooperatively and in good faith, individually and collectively, with the other parties to this Agreement on matters that are included and beyond the scope of this Agreement. SECTION 7. MISCELLANEOUS. (a) This Agreement is the entire agreement between the parties and all understandings and agreements are incorporated in this Agreement. This Agreement supersedes any prior agreements between the parties relating to Surtax. (b) Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto. (c) The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (d) Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non - compliance with that law. 5 (e) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability or unlawful or void nature of that provision shall not effect any other provision and this Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void provision had never been included herein. (f) This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflict of laws provisions. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. (g) A copy of this InterIocal Agreement and all subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, upon its execution by all parties hereto. SECTION 8. TERMINATION. This Interlocal Agreement shall automatically terminate and be null and void in the event that any one of the following events occurs. Termination of this Interlocal Agreement pursuant to this Section shall result in the ballot question referenced herein not appearing on the November 8, 2016 General Election Ballot. (a) The Board of County Commissioners does not enact the Ordinance as presented and revised on first reading on May 3, 2016 and amended to include an early termination provision, on or before June 7, 2016, that provides as follows: alternatively, this Ordinance shall "sunset" in the event that the total aggregate distributions of Surtax proceeds equal or exceed the ON amount of $2,700,000,000 on or before September 1 of any year during the term of this Ordinance, in which event the Board shall take all necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following calendar year.; or (b) Municipalities representing a majority of the County's municipal population do not approve this Interlocal Agreement on or before .Tune 10, 2016; or (c) The Board of County Commissioners or any municipality required to achieve a majority of the County's municipality population approves an amendment to this Interlocal Agreement or rescinds its approval thereof prior to the date of the final approval of the Ordinance by the Board of County Commissioners on or before June 10, 2016; or (d) The Board of County Commissioners, prior to the date of the referendum, amends the Ordinance in any substantive way from the version enacted as described in (a) above. 7 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representative, have caused this Local Government Infrastructure Surtax Interlocal Agreement to be duly executed in counterparts by their respective and -duly authorized officers as of the ATTEST: Y County Attorney 8 (SEAL) APPROVED AS T ORM AND LEGAL SUFFICIENCY By: School Board Attorney THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA M (SEAL) By: Chuck Shaw, Chairman Robert M. Avossa, Ed.D., Superintendent APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By• Kristen Puhalainen, City Clerk CITY OF ATLANTIS, FLORIDA By: DavicYKintz, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY School Board Attorney By: Jennifer 0. Ashton, City Attorney CITY OF BELLE GLADE, FLORIDA By: n Name: Steve B. Wilson Title: Mayor ++ ,0i1 r.4' a jL CITY OF BOYNTON BEACH, FLORIDA By: Name: Steven B. Grant Title: Mayor (SEAL) ATTEST: B y: ith Z. CMC, Idtq;i6i City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY I By:( I dw 41n 4 , ames A. C�0 8mey TOWN OF BRINY BREEZES, FLORIDA By ; � i .. Susan Thaler, President, Town Council ATTEST: U L,k 'xV� ROBERf - jU -- — R0 — VA ` TYjomvn ­ C1qykk Pro Tern CITY OF , FLORIDA (SEAL) AT°I'EST: By: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Approved as to Form and Legal Sufficiency: James?!). Stokes City Attorney CITY OF GREENACRES, FLORIDA TOWN OF HAVERHILL, FLORIDA By: Nam Title ATTEST-. - - - ----- - - Jan — Rutan, Town Administrator TOWN OF JUPITER INLET COLONY, By: V � � Name: Daniel J. Co ford III (j Title; Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY TO' FL( (SEAL) By: Robert M. W. Shalhoub, Mayor ATTEST: By: Mary Pinkerman, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Charles Schoech, Town Attorney CITY OF , FLORIDA g _ Name: Dated the 7th day of June, 2016, LAKE WORTH CITY COMMISSION By ATTEST: g g 4, py � _..., J, Lopez, City Clerk t i APPROVED AS TO FORM AND By: LEGAL SUFFICIENCY KZ44,1d1--- ANC Office of the City Attorney (SEAL) ATTEST: By: r° Nicole A. Dritz, TB Clerk APPROVED AS TO FO D LEGAL SUFFICIENCY lisp 4. Max Lo , Town Attorney TOWN OF LOXAHATCHEE GROVES, FLORIDA APPROVED AS TO F M AND "LEGAL SUFFICIENCY /L R B Town Attorney 10 CITY OF FUR t , FLORIDA By: Name: Village Attorney Attest: ,.Xe� Susan Caljeiui V' ge Clerk VILLAGE OF PALM SPRINGS, FLORIDA VILLAGE OF ROYAL PALM BEACH, FLORIDA By: Name: f red Pinto Title: Mayor Attest: 71 Diane DiSanto, Village Clerk j CP 2016 TOWN OF SOUTH PALM BEACH, FORIDA Bernice Fisc er, Mayor SEAL Approved as to Legal Sufficiency: Bradley To mey VA 0, Qf Qt VILLAGE OF WELLINGTON, FLORIDA By: / ' L . -"/& - Name: )6e Gerwig Title: Mayor (SEAL) ATTEST: Y: Awilda Rodriguez, Village C&rk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: urie Cohen, Village Attorney Signature Pa ,e for: INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX WPB Contract No, 17464 ATTEST: City tlerk CITY ATTORNEY'S OFFICE Approved t form and legality By: ry CITY OF WEST PALM BEACH By: Geraldine Muoio, Mayor Date: ��a , 2016 WP3 t`So. t -W4 CITY RIGA