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LTC 209-2003 CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. dD;- .2003 ~ From: Mayor David Dermer and Date: September 8, 2003 Members of the City Commission . 1"/ Jorge M. Gonzalez, City Manager \ r 0 TRANSIT SURTAX APPLlCAYION FILED WITH MIAMI-DADE COUNTY To: Subject: Last Monday, a report in The Miami Herald erroneously stated that the City had not fully submitted to Miami-Dade County, the paperwork required to seek reimbursementforfunds from the Transit Surtax proceeds. This is to inform you that, on July 30,2003, the Administration filed a complete application packet for the Miami Beach share of the Transit Surtax proceeds, with the Office of Public Transportation Management (OPTM) of Miami-Dade County. The packet included the following County-required documentation: 1. Cover letter/application dated July 30,2003; 2. Four originals of the County-provided Interlocal Agreement, approved by Miami Beach Resolution No. 2003-25251, dated July 2,2003, and executed by the Mayor and City Clerk; 3. Actual FY 2001-02 Transportation Project Expenditures in Miami Beach; 4. Draft Annualized Five-Year Transportation Plan for Miami Beach, showing the proposed Surtax share of the funding packet for the included transportation and transit projects; and 5. A copy of the Miami Beach Municipal Mobility Plan. 6. Authorization/agreement for automatic deposit of Miami-Dade County Warrants. The City established Revenue Account # 187.8000.312910 for the surtax proceeds. 7. City Taxpayer identification number and certification. The City's final version of Item 4, and of Items 6, and 7 (utilizing County-provided forms), were submitted to OPTM on August 26, 2003. On September 5, 2003, Chief Accountant Marlene Amaro of OPTM informed that Miami Beach will receive a lump-sum wire transfer this week, in the amount of $869,477 covering our share of the Transit Surtax collections from January to May, 2003 (5 months). Subsequently, regular disbursements will be made at the end of each month. Attached is a copy of our submission packets for your review and information. Please eel free to contact me if you have any other concerns or questions. ~4 JMG \FB\AJ F:IW K\$TRAIAMELlAISURTAXlAppIFiled.L TC.doc CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 ~. 'CITY OF MIAMI BEACH TRANSPORTATION & CONCURRENCY MANAGEMENT DIVISION July 30, 2003 PHONE: (305) 673-7514 FAX: (305)604-2498 Mr. Danny Alvarez Executive Director Office of Public Transportation Management Miami-Dade County 150 W. Flagler Street, Suite 2800 Miami, Florida 33130 SUBJECT: Interlocal Agreement and Miami Beach Application for Transit Surtax Funds Dear Mr. Alvarez: The City of Miami Beach respectfully submits the following packet for your consideration and action. 1. Four (4) originals of the Interlocal Agreement for the distribution of Charter County Transit System Surtax proceeds levied by Miami-Dade County/Miami Beach share. The document was approved and executed by our Mayor and City Clerk, pursuant to Resolution No. 2003-25251, dated July 2,2003. After proper execution by the County, please return two (2) fully executed copies to our City Clerk's Office, as directed in the blue jacket of one of the copies. 2. The Actual FY 2001-02 Transportation Proiect Expenditures, as supported by attached documentation. 3. DRAFT Annualized Five-Year Transportation Plan for Miami Beach, showing the proposed Surtax share of the funding packet for the included transportation! transit projects, planned for FY 2002-03 (January-September 2003) through FY 2006-07. Please note that we are submitting a Draft Five-Year Plan with this packet. The final version will be submitted next week. 4. Miami Beach Municipal Mobilitv Plan (MMP). The transportation and transit projects above-mentioned are included in the MMP, which was adopted in 1999 as the Transportation Element ofthe Miami Beach Comprehensive Plan. 5. Financial Information. Please note that the City of Miami Beach utilizes special funds, other than the general fund, for the various phases of our transportation and transit projects, as clearly shown in the documentation for Items 2 and 3, above. Mr. Danny Alvarez, OPTM July 30,2003 Page 2 If you require additional information or back-up data, please feel free to contact either me at (305) 673-7000, Ext. 6012, or Ms. Amelia Johnson of my staff at Ext. 6347. Your attention and consideration to this submission is immensely appreciated. Fred H. Beckmann, P.E. Director of Public Works FBI AI Attachments: Executed Interlocal Agreement (4 copies) Transit Surtax Application Packet, including: · Actual FY 2001-02 Transportation Project Expenditures (back-up docs.) · Draft Annualized Five-Year Transportation Plan (back-up documents) · Copy of the Miami Beach Municipal Mobility Plan (MMP) · Financial Information Cc: Jorge M. Gonzalez, City Manager Robert C. Middaugh, Assistant City Manager Joseph Johnson, Transportation!Concurrency Management Director Nestor Toledo, Executive Assistant to the Director, OPTM Joanna Santiago, Special Projects Administrator, OPTM F:\ WORK\$TRA lAM EllA \5 URT AXlSurta:<2003Application.ltr.doc INTERLOCAL AGREEMENT FOR THE DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY This Interlocal Agreement ("Agreement") entered into this _ day of 2003, by and between Miami-Dade County, a political subdivision of the State of Florida ("County"), and the City of Miami Beach, a municipal corporation located within the geographic boundaries of Miami-Dade County, Florida ("City"). WHEREAS, County adopted Ordinance No. 02-116 levying and imposing a one half of one percent Charter County Transit System Surtax ("Surtax") pursuant to the authority of Sec. 212.055(1) Fla. Stats. (2002); and WHEREAS, Ordinance No. 02-116 provides that a portion of Surtax proceeds will be distributed annually to certain cities who meet specified conditions; and WHEREAS, County and City wish to provide for distribution of Surtax proceeds to City on the terms and conditions provided below. NOW THEREFORE in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, County and City agree as follows: 1. Net Proceeds shall mean the portion of Surtax proceeds collected by the Florida Department of Revenue ("DOR") that is actually distributed to County by DOR. 2. County shall distribute twenty percent of Net Proceeds ("Municipal Share") to those cities existing as of November 5, 2002, that continue to meet the conditions specified in Sec.29-124(f)(i) and (ii) of the Code of Miami-Dade County, Florida ("Eligible Cities"). 1 3. The Municipal Share shall be distributed among the Eligible Cities on a pro rata basis based upon the ratio each Eligible City's population bears to the total population in all Eligible Cities, as adjusted annually in accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida. For purposes of the foregoing, whenever an annexation occurs in any Eligible City, the number of persons residing in such annexed area at the time it is annexed shaH be excluded from all calculations. Increases in population in areas annexed over and above the population in such area at the time of annexation which occur after annexation shall be included in subsequent years' calculations. 4. City shall apply all of the portion of the Municipal Share that City receives to supplement, not replace, City's general fund support for transportation. City shall only expend the portion of the Municipal Share that City receives for the transportation and transit purposes specified in Sec. 212.055(1)(d)I-3 Fla. Stats (2002), as same rnay be amended from time to time. 5. City shall, on an annual basis, apply 20% of the portion of the Municipal Share that it receives to transit uses in the nature of circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. If City cannot apply 20% of the portion of the Municipal Share it receives as provided in the preceding sentence, City may contract with County for County to apply such portion on a County project that enhances traffic mobility within the City and immediately adjacent areas. If City cannot expend the 20% of the portion of the Municipal Share it receives in accordance with either of the two preceding sentences, then such portion shall carry over and be added to the Municipal Share to be distributed amongst the Eligible Cities in the ensuing year and 2 such carried over portion shall be utilized by the Eligible Cities solely for the transit uses enumerated in this paragraph. 6. Net Proceeds distributed to cities incorporated after November 5, 2002, shall not reduce or affect the Municipal Share as defined herein for Eligible Cities. 7. By June 1 sl of each year, City shall, in order to be eligible to receive a portion of the Municipal Share for the ensuing year, certify to County that: i) for the current fiscal year it is providing at least the same level of general fund support for transportation that City provided in City's FY 2001-2002 budget; and ii) it is using the current year's portion of the Municipal Share received in accordance with this Agreement. Such certification shall include a certified copy of City's budget for the current fiscal year, together with a list of the projects (including ongoing or completed projects that a city is paying debt service on borrowed funds) on which the current year's portion of the Municipal Share received is being expended. If City fails to meet the certification requirements, after being given a reasonable opportunity to correct any deficiencies, the arnount equal to the pro rata portion ofthe Municipal Share the City is to receive in the ensuing year shall not be distributed to City and shall be distributed among the remaining Eligible Cities. 8. City agrees that the Citizens' Independent Transportation Trust ("CITT") shall have the power to monitor, oversee, review, audit and investigate the City's implementation of any project funded in whole or in part with the portion of the Municipal Share received by City. City shall not have to obtain prior approval of the CITT to select the transportation and transit projects on which City will expend the City's portion of the Municipal Share that is distributed to City nor to award contracts therefor. City further agrees that County may, at County's discretion, audit the funds received 3 under this Agreement to assure such funds are utilized in accordance with State Law, Ordinance No. 02-116 and this Agreement. The rights of the CITT and County under this paragraph shall survive any termination ofthis Agreement. 9. This Agreement shall remain in effect from year to year for so long as County receives Net Proceeds. 10. Notices to City under this Agreement shall be in writing sent by U.S. Mail addressed to: City Manager Miami Beach City Hall, 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Notices to County under this Agreement shall be in writing sent by U.S. Mail addressed to: County Manager Stephen P. Clark Center 111 N. W. 15t Street, 29th Floor Miami, Florida 33128 4 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreernent to be executed on their behalf as of the date first stated above: ATTEST: By: Harvey Ruvin, Clerk By: County Attorney City of Miami Beach Executed under authority of City Resolution No. 2003-25251 ATTEST: By: ~~ ,cLt~ P (\'ulu/'- City Clerk Date: gtJd '/) 7-,-".\3 MIAMI-DADE COUNTY a political subdivision of the State of Florida By: County Manager Date: By: F MIAMI BEACH, a municipal i ofthe State of Florida F:l WORK\$ TRAIAMELlA ISURTAXI TrnnsirSurtaxlnterl.Agree.DOC 5 APPROVED NJ TO FORM & LANGUAGE & FOR EXECUTION /lA;J &~ tr-h)-81 CItr~ ga People's Transportation Plan Municipal Component Q&A 1. Will municipalities be represented in the Citizen's Independent Transportation Trust (CITT)? Yes. Municipalities wiJl have representation under the umbrella of the League of Cities. One of the 15 representatives on the CITT wil! be appointed by the League of Cities. 2. When will the County Commission appoint the 20-member Nominating Committee, as provided for by Resolution # 02-1l7? Letters were mailed out in November to all 20 organizations requesting their selection of a representative to the Nominating Committee. To date, we have received responses from 10. 3. When will the Citizens' Trust be in place and fully functional? It is the intent of the County to have the Trust in place by March 2003. 4. When will the Citizens' Trust review the project lists from the various municipalities for compliance with State Statutes requirements? All municipalities shall submit a 5-year transportation plan to the Office of Public Transportation Management (OPTM). The OPTM will be responsible for reviewing and fOlwarding the municipal projects to the Trust for review and concurrence. Projects that do not meet the established criteria will be found non-eligible for funding and omitted from the approved list of projects. Should a municipality wish to amend and/or modify their transportation plan, a request must be submitted to OPTM with supporting information and documentation for their review and submittal to the Trust. S. Do the Citizen's Trust and County Commission have the right the exclude certain projects from a municipal project list? Yes. If the proposed project does not fall within the established guidelines. Should a municipality be found in violation, the ~y ~iIl deduct funds associated with said project from the establish share of funds. T1.n't 6. What authority will the CITT have over municipal projects? Whether it is a municipal or county project, the Trust has the authority to monitor, oversee, review, audit and investigate implementation of any transportation and/or transit projects funded in whole or in part with surtax proceeds. Municipal Component Page 2 7. How will proceeds be distributed to municipalities? Similar to the distribution of the local option gas tax, municipalities will receive their share of surtax proceeds on a monthly basis. It is estimated that the first proceeds will become available Spring of 2003. 8. Will the municipality be required to provide a match for each project? Municipalities may use their share of the surtax proceeds to fund in whole or in part any approved transportation and/or transit projects. 9. What formula will be utilized to establish the distribution of funds? Surtax proceeds shall be distributed amongst the existing municipality on a pro rata basis based on the ratio such municipality's population bears to the total population in all such rnunicipalities. This distribution formula will be adjusted annually in accordance with the estimates of population prepared by the Bureau of Economic and Business Research of the University of Florida. In the event that the population figures are proven to be incorrect for any given municipality in any given year, the correction to the percentage distribution will be made in the subsequent year surtax proceeds distribution calculation. 10. What happens if annexation occurs in an existing city? The number of persons residing in such annexed area at the time it is annexed shall be excluded from all calculations. Increases in population in areas annexed over and above the population in such area at the time of annexation which Occur after annexation shall be included in subsequent year's calculations. . .-. Estimated Municipal Transit Enhancement Funds Distribution 20% Jurisdiction Population % population First year 2,001 $ 31,334,000 annualized Aventura 25,903 2.346% $735,248 Bal Harbour Village 3,317 0.300% $94,152 Bay Harbor Islands 5,150 0.467% $146,181 Biscayne Park 3,289 0.298% $93,357 Coral Gables 42,746 3.872% $1,213,331 EI Portal 2,535 0.230% $71,955 Florida City 7,986 0.723% $226,680 Golden Beach 915 0.083% $25,972 Hialeah 230,059 20.840% $6,530,147 Hialeah Gardens 19,655 1.780% $557,901 Homestead 32,300 2.926% $916,825 Indian Creek Village 33 0.003% $937 '-. Key Biscayne 10,607 0.961% $301,076 Medley 1,115 0.101% $31,649 Miami 364,001 32.974% $10,332,046 Miami Beach 88,158 7.986% $2,502,335 Miami Lakes 22,676 2.054% $643,651 Miami Shores 10,430 0.945% $296,052 Miami Springs 13,684 1.240% $388,416 North Bay Village 6,798 0.616% $192,959 North Miami 59,688 5.407% $1,694,224 North Miami Beach 40,929 3.708% $1,161,756 Opa-Locka 14,795 1.340% $419,951 Palmello Bay 24,253 2.197% $688,413 Pinecrest 19,064 1.727% $541,125 South Miami 10,716 0.971% $304,170 Sunny Isles Beach 15,534 1.407% $440,927 Surfs ide 5,035 0.456% $142,917 Sweetwater 14,260 1.292% $404,765 Virginia Gardens 2,348 0.213% $66,647 West Miami 5,927 0.537% $168,236 1,103,906 100.000% $31,334,000 Legislative Matter Page lof6 Miami-Dade Legislative Item File Number: 022197 File Number: 022197 File Type: Ordinance Status: Adopted Version: 0 Reference: 02-117 Control: File Name: CITIZENS' INDEPENDENT TRANSPORTATION TRUST Introduced: 7/11/2002 Requester: NONE Cost: Final Action: 7/9/2002 Agenda Date: 7/9/2002 Agenda Item Number: 4BAL TERNATE Notes: THIS IS FINAL Title: ORDINANCE CREATING A CITIZENS' INDEPENDENT VERSION AS TRANSPORTATION TRUST WITH CERTAIN POWERS ADOPTED. (also OVER THE USE AND EXPENDITURE OF PROCEEDS OF see 021979) PROPOSED CHARTER COUNTY TRANSIT SYSTEM SURTAX; PROVIDING TRUST MEMBERSHIP; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: TRANSPORTATION Sponsors: Bruno A. TRANSIT Barreiro SURTAX CITIZENS INDEPENDENT TRANSPORTATION TRUST Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed Legislative History Acting Body Date Agenda Item Action Sent Due Returned Pass/Fail To Date Board of County Commissioners 7/9/2002 48 Adopted as AL TERNA TE amended P Legislative Text TITLE ORDINANCE CREATING A CITIZENS' INDEPENDENT TRANSPORT A nON TRUST WITH CERTAIN POWERS OVER THE USE AND EXPENDITURE OF PROCEEDS OF PROPOSED CHARTER COUNTY TRANSIT SYSTEM SURTAX; PROVIDING TRUST MEMBERSHIP; http://www.co.miami-oaoe. flll~/l1nv",.t;nnJrn"'t.... ~~n?~"..~_"..,...~n~ Legislative Matter Page 2 of6 PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DA IE BODY WHEREAS, this Board wishes to create a Citizens' Independent Transportation Trust with certain powers over the use and expenditure of the proceeds of a proposed Charter County Transit System Surtax (the "Surtax") if approved by the electorate of Miami-Dade County, Florida (the "County") at a duly called election pursuant to authority granted by Section 2 I 2.055(1), Florida Statutes (2001), NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Code Amendment. The Code of Miami-Dade County, Florida, is hereby amended by adding the following new section: Sec. _' Citizens' Independent Transportation Trust created; powers over expenditure and use of proceeds of proposed Charter County Transit System Surtax. (a) Creation. A Citizens' Independent Transportation Trust ("Trust") is hereby created. The Trust will have fifteen (15) members: one residing in each of Miami-Dade County's thirteen commission districts, one appointed by the Mayor without regard to such appointee's district of residence, and one appointed by the Miami-Dade League of Cities without regard to such appointee's district of residence. Members of the Trust shall be residents of Miami-Dade County who possess outstanding reputations for civic involvement, integrity, responsibility, and business and/or professional ability and experience or interest in the fields of transportation mobility improvements or operations, or land use planning. No person shall be eligible to serve as a member of the Trust who has any interest, direct or indirect, in a contract with the County or in any corporation, partnership or other entity that has a contract with the County, or who is a member of a community council. The Trust and the Nominating Committee, as defined below, will be comprised of members who are representative of the geographic, ethnic, racial and gender make-up of the County. (b) Initial members. The initial members of the Trust shall be nominated and appointed in the manner set forth in this subsection. The Board of County Commissioners shall appoint a nominating committee (the "Nominating Committee") comprised of twenty (20) members as set for the below who are representative of the geographical, etlmic, racial and gender make-up of the County: (1) The Executive Director of the Miami-Dade League of Cities or one of the League's officers shall serve as a member of the Nominating Committee; (2) The Chairperson ofthe United Way or his or her designee shall serve as a member ofthe Nominating Committee; (3) The Chairperson of the Greater Miami Visitors and Convention Bureau or his or her designee shall serve as a member of the Nominating Committee; (4) The Chairperson of the Citizen's Transportation Advisory Committee or his or her designee shall serve as a mernber of the Nominating Committee; and (5) The Chairpersons of the Cornmunity Councils shall meet and shall, by majority vote, appoint one member of the Nominating Committee; (6) The State Attorney; L....._.lln____ Legislative Matter Page 3 of6 (7) The Chief Judge ofthe Eleventh Judicial Circuit; (8) The Chair of the Ethics Commission or his or her designee; (9) The President or CEO of the Black Business Association shall appoint one member ofthe Nominating Committee; (10) The President or CEO of the Urban Environment League shall appoint one member of the Nominating Committee; (11) The President or CEO of the local branch of the Urban League shall appoint one member of the Nominating Committee; (12) The President or CEO of the Alliance for Aging shall appoint one member of the Nominating Committee; (13) The President or CEO of the Miami-Dade Branch NAACP shall appoint one member of the Nominating Committee; (14) The President or CEO of the Coalition of Chambers shall appoint one member of the Nominating Committee; (15) The President or CEO of Florida International University shall appoint one member of the Nominating Committee; (16) The President or CEO of Miami-Dade Community College shall appoint one member of the Nominating Committee; (17) The President or CEO of People Acting for the Community Together (PAC.T.) shall appoint one member ofthe Nominating Committee; (18) The President or CEO of Underrepresented People's Positive Action Council (UP-PAC) shall appoint one member of the Nominating Committee; and (19) The Executive Director of the local chapter of the League of Women Voters shall appoint one rnember of the Nominating Committee. (20) The Executive Director of the Haitian American Grass Roots Coalition shall appoint one member. The Nominating Committee shall submit a slate of four (4) candidates from each Commission District to the Commissioner of each District for selection. The District Commissioner must select from the slate submitted by the Nominating Committee; however, the District Commissioner may request one additional slate of entirely new nominations. The Board of County Commissioners shall ratify each District Commissioner's selection. The Nominating Committee shall submit a slate of four (4) candidates without regard to district to the Miami-Dade League of Cities for selection. The Miami- Dade League of Cities must select from the slate submitted by the Nominating Committee; however, the League may request one additional slate of entirely new nominations. The Nominating Committee shall also submit a slate of four (4) candidates without regard to district to the Mayor for selection. The Mayor must select from the slate submitted by the Nominating Committee; however, the Mayor may request one additional slate of entirely new nominations. I1ttn./lu"I"" ('On "'~.....-~ ri......t.... n u...I__..""'_..=__/4_--......- n Legislative Matter Page 4 of6 (c) Term of initial members. The initial members from Districts 1 to 5, inclusive, shaH serve two-year terms; the initial members from Districts 6 to 9, inclusive, shall serve three-year terms; and, the initial members from Districts 10 to 13, inclusive, shall serve four-year tenns. The selection of the Mayor shaH serve an initial term offour years. The selection of the Miami-Dade League of Cities shall serve an initial term of two years. The foregoing notwithstanding, such initial terms shaH be subject to automatic expiration as provided in subsection (c) of Sec. 2-11.38.2 of this Code. (d) Subsequent membership and term. Any vacancy on the Trust that occurs after appointment of the initial rnembership, as well as appointment of successors to those members whose terms have expired shaH be filled directly by appointment of the Commissioner for the district for in which a vacancy occurs, or, in the case ofa vacancy in a Miami-Dade League of Cities appointment shall be filled by appointment of the League, or, in the case ofa vacancy in a mayoral appointment shaH be filled by appointment of the Mayor. Such appointments shall be made from a slate submitted by the Nominating Committee in accordance with subsection (b) pertaining to initial members, and shaH have the qualifications for Trust rnembership set forth in subsection (a) above. The term of any Trust member appointed or re-appointed pursuant to this subsection after the initial terms set forth in (c) above shall be for a term of four years, and in the case of Commissioner appointees shall be subject to automatic expiration as provided in subsection (c) of Sec. 2-11.38.2 of this Code. Members may be re-appointed, however no member shall serve more than the maximum number of years provided in subsection (b) of Sec. 2-11.38.2 of this Code. Ifan appointment is not made by the District Commissioner (or the League or Mayor where applicable) within 30 days from the date on which the Nominating Committee submits the required slate of candidates, the County Commission may appoint the successor. (e) Attendance and quorum requirements. Any Trust member shall be automatically removed if, in a given fiscal year: (i) he or she is absent from two (2) consecutive meetings without an acceptable excuse; or, (ii) ifhe or she is absent from three (3) of the Trust's meetings without an acceptable excuse. A member of the Trust shall be deemed absent from a meeting when he or she is not present at the meeting at least seventy-five (75) percent ofthe time. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the Trust, by two-thirds (2/3) vote of its membership, deems appropriate. The requirements ofthis section may be waived by two-thirds (2/3) vote of the members of the full Board of County Commissioners. A quorum of the Trust shall consist of a maj ority of those persons duly appointed to the Trust, provided that at least one-half(1I2) ofthe full Trust membership has been appointed. (f) Powers and duties. The Trust shall have the following duties, functions, powers, responsibilities and jurisdiction with regard to use and expenditure of proceeds of any Charter County Transit System Surtax that is levied by the County under authority of ~212.055(1) Fla.Stats.: (1) To monitor, oversee, review, audit, and investigate implementation of the transportation and transit projects listed in any levy of the surtax, and all other projects funded in whole or in part with surtax proceeds; (2) To assure compliance with any limitations imposed in the levy on the expenditure of surtax proceeds, including but not limited to: (a) any limitation that surtax proceeds only be expended for the transportation and transit purposes specified in ~212.055(1)(d)I-3 Fla.Stats.(2001); (b) any limitation that no more than 5% of surtax proceeds be expended on administrative costs, exclusive of project management and oversight for projects funded by the surtax; and http://www.co.miami-n:llipf1....la.....~...t;.."._n..n. M_"-:_U__""''''' ".., Legislative Matter Page50f6 (c) the limitation that the County Commission may not delete or materially change any County project listed on Exhibit 1 attached to the ordinance levying the surtax nor add any project thereto except as provided in this subsection (c). A proposed deletion, material change or addition of such a County project shall be initially reviewed by the Citizens' Independent Transportation Trust ("Trust"), which shall forward a recommendation thereon to the County Commission. The County Commission may either accept or reject the Trust's recommendation. If the County Commission rejects the recommendation, the matter shall be referred back to the Trust for its reconsideration and issuance of a reconsidered recommendation to the County Commission. The County Commission may approve, change or reject the Trust's reconsidered recommendation. A two-thirds vote of the Commission membership shall be required to take action other than as contained in the reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County projects contained in said Exhibit 1 may be changed as a result of the MPO process as mandated by federal and state law. (d) any requirement with regard to maintenance of effort of general fund support for MDT A. (3) To assure compliance with federal and state requirements applicable thereto; (4) To require monthly reports from the Manager, County agencies and instrumentalities regarding the implementation of the projects funded by surtax proceeds (which reports shall be posted on-line, i.e., made publicly accessible on the Internet); (5) To file a report, including any recommendations, with the Mayor and the County Commission on a quarterly basis regarding the implementation of the projects funded by surtax proceeds; and (6) To monitor, oversee and periodically report to the County Commission on the level of participation by CSBEs and CBEs in contracts funded in whole or in part with surtax proceeds, and to recommend ways to increase such participation. (g) Staff support. The County Manager and the County Attorney shall provide to the Trust adequate staff and support services to enable the Trust to carry out its duties and responsibilities. (h) Trust subject to Florida Open Government law, the Conflict ofInterest and Code of Ethics Ordinance and the investigatory powers of the Inspector General. The Trust shall at all times operate under the Florida Open Government Laws, including the "Sunshine" and Public Records laws, and shall be governed by the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of this Code providing, among other things, a proscription on transacting business with the County and on oral communications with bidders or their representatives during the bid process, and a requirernent for financial disclosure. The Trust and its actions shall be subject to the investigatory powers of the Inspector General provided in Sec. 2-1076 of this Code. Additionally, Trust members shall not lobby, directly or indirectly, the Mayor, any member of the County Commission or any member of County staff regarding a project funded in whole or in part by surtax proceeds, or regarding any person or business bidding for or under contract for a project funded in whole or in part with surtax proceeds. Trust members shall not have from any interest, direct or indirect, in any contract with the County or in any corporation, partnership or other entity that has a contract with the County. (i) Removal of Trust members. A finding by the Ethics Commission that a person serving as a member of the Trust has in the course of his or her service willfully violated any provision of Sec. 2-11.1 of this Code (the Conflict ofInterest and Code of Ethics Ordinance) shall constitute malfeasance in office and shall effect an automatic forfeiture of such person's position as a member of the Trust. Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is httD://W\Vw.co.miaml-n~np n l1c:!on"'ll"'f;nn/,....,...th:...... ......._4l__...__n""., 1 n.., Legislative Matter Page 60f6 held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Ordinance Part of Code. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. Effective Date. The provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Section 5. Amendments. This Ordinance may only be amended or repealed by a two-thirds vote of the Board. Any amendment or repeal of this Ordinance shall further require a minimum of six (6) weeks between first and second reading. Section 6. Sunset. This ordinance does not contain a sunset provision. Home I Agendas I Minutes I LeQislative Search I Lobbyist Registration I Legislative Reports .2002 BGG Meeling Calendar i~i~.'E!:[)~~e:C:~~ntyc:.e~e_ofg.@ina!!cesG Home I ~sing Our Site I About I Phone Directory I Privacy I Disclaimer '-?:,{.~ ?~(if: -~ E-mail your comments. questions and suggestions to Webmasler Web Site I:> 2002 Miami-Dade County. All rights reserved. httn"/IW'UlUI ('n ,.,,;~rn1_rfo:l~lCa n ..~/.....,^un.,..+;__I__u.__ __._....___ _u_ "....."'..,..,- RESOLUTION NO. 2003-25251 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY FOR THE DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI.DADE COUNTY AND DUE TO MIAMI BEACH; SIMILAR INTERLOCAL AGREEMENTS WILL BE REQUIRED ANNUALLY AND FILED WITH THE COUNTY NO LATER THAN JUNE 1ST OF EACH SUBSEQUENT YEAR. WHEREAS, on November 5, 2002, the Miami-Dade County voters approved the levying of a one half of one percent discretionary surtax on all transactions occurring in Miami- Dade County, which transactions are subject to the state tax imposed on sales (Surtax); and WHEREAS, Surtax collection began January 1,2003; and the proceeds of such Surtax are to benefit qualified transportation and transit projects Countywide; and WHEREAS, the County estimates that $23.5 million will be collected in January- September 2003, and $31.334 million in FY 2003-04; and County Ordinance No. 02-116 provides that a portion (20%) of the net Surtax proceeds will be distributed annually to the "eligible cities," existing as of November 5, 2002, on a pro-rata basis based upon population; and WHEREAS, It is estimated that Miami Beach will receive approximately $1.8 million in January-September 2003); and approximately $2.5 million in FY 2003-04; and WHEREAS, the City agrees to comply with County Ordinance No. 02-116 which establishes jurisdiction, deadlines, and certification requirements; as well as project eligibility criteria, and other rules and regulations regarding the disbursement and utilization of a portion of the Surtax proceeds to be received by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute an lnterlocal Agreement between the City of Miami Beach and Miami-Dade County for the distribution of Charter County Transit System Surtax proceeds levied by Miami-Made County and due to Miami Beach; similar Interlocal Agreements will be required annually and filed with the County no later than June 1 st of each subsequent year. PASSED AND APPROVED this the July ,2003. ATTEST: eflLtlO fc( t dLt"- CITY CLERK F:\WORK\$TRA lAMELlA \SURTAXI TransitSurlaxlnterl. memo. doc FORM & LANGUAGE & FOR EXECUTION 1f-/J~JiI>- G---~<t- v5 City AUomey If ~ Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution authorizing the execution of an Interlocal Agreement with Miami-Dade County for the distribution of the Transit Surtax proceeds levied by the County and due to Miami Beach. Issue: Shall the City execute an 'nterlocal Agreement with the County for transit surtax fund distribution to the City? Item Summa /Recommendation: On November 5, 2002, the Miami-Dade County voters approved the levying of a one half of one percent discretionary surtax to the sales tax. Surtax collection began January 1, 2003. The County estimates that $23.5 million will be collected in January-September 2003, and $31.334 million in FY 2003-04. County Ordinance No. 02-116 provides that the 20% Municipal Share of the surtax proceeds will be distributed annually to the "Eligible Cities" on a pro-rata basis, based upon population. Miami Beach should receive approximately $1.8 million in January-September 2003, and $2.5 million in FY 2003-04. Prior to any distribution of funds, the City is required to approve and execute an Interlocal Agreement for the funds. The executed Agreement shall be submitted to the County Office of Public Transportation Management (OPTM), along with additional required documentation (being an annualized five-year transportation plan, a certified financial statement-FY 2001-02, and the current year budget-2002-03). The Agreement will subsequently be approved and executed by the Miami-Dade County Commission. The County will not distribute any of the municipal share of the surtax funds until all the above-mentioned requirements are met by the City. If the City fails to meet the above-mentioned requirements, after being given a reasonable opportunity to correct any deficiencies, the amount equal to the pro rata portion of the municipal share the City is to receive in the ensuing year shall not be distributed to the City and shall be distributed among the remaining Eligible Cities. In addition, surtax funds shall be applied to supplement, not replace our City's su ort for trans ortation. The Administration recommends a roval of the Resolution. Advisory Board Recommendation: I N/A Financial Information: Per 5- Year List of Miami Beach Proiects Source of .. ..... . . Amount ... ........' Account ..... Approved Funds: 1. D ... 2..... . ... .. '. ... 3 .. 4... Finance Dept. Total' Ci Clerk's Office Le islative Trackin Amelia Johnson Si n-Ofts: Department Director Manager F:\WORK\$TRA IAMELIA\TCMDIVlTransitSurtaxlnterl.CISdoc AGENDA ITEM DATE L7K 7-J..-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez 4 City Manager ~L Date: July 2, 2003 From: A RESOLUTION OF THE MAYOR AND CITY MMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY FOR THE DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY AND DUE TO MIAMI BEACH; SIMILAR INTERLOCAL AGREEMENTS WILL BE REQUIRED ANNUALLY AND FILED WITH THE COUNTY NO LATER THAN JUNE 1ST OF EACH SUBSEQUENT YEAR. ADMINISTRATION RECOMMENDATION Subject: Adopt the Resolution. ANALYSIS On November 5,2002, the Miami-Dade County voters approved the levying of a one half of one percent discretionary surtax on all transactions occurring in Miami-Dade County, which transactions are subject to the state tax imposed on sales. The proceeds of such surtax are to benefit qualified transportation and transit projects Countywide. Surtax collection began January 1, 2003. The County estimates that $23,500,499 will be collected in January-September 2003, and $31,334,000 in FY 2003-04. County Ordinance No. 02-116 provides that a portion (20%) of the net surtax proceeds will be distributed annually to the "eligible cities," existing as of November 5, 2002, on a pro-rata basis based upon population. It is estimated that Miami Beach will receive approximately $1.8 million in FY 2002-03 (January-September 2003) and $2.5 million in FY 2003-04 (full 12 months). The City is required to prepare and submit the following items to the Office of Public Transportation Management (OPTM), prior to any distribution of funds: · Approve and execute an Interlocal Agreement with the County for the funds. This must be done on an annual basis, and filed with the County by June 1 of each year. · Submit a preliminary 5-year transportation plan which includes point of contact, project description and cost. · Annual certified copy of municipal financial statement and budget (FY 2001-02). July 2, 2003 Commission Memorandum Surtax Interloeal Agreement Page 2 . Annual list of projects to be funded by surtax with projected milestones. . "Municipalities will certify to the County that: o for the current fiscal year it is providing at least the same level of general fund support for transportation that the City provided in its FY 2001-02 budget; and o it is using the current year's portion of the Municipal Share to be received in accordance with the Interlocal Agreement. Such certification shall include a certified copy of the City's budget for the current year (2002-03), together with a list of projects (including a list of the projects that the City is paying debt service on borrowed funds) on which the current year's portion of the Municipal Share received is being expended. . If the City fails to meet the certification requirements, after being given a reasonable opportunity to correct any deficiencies, the amount equal to the pro rata portion of the Municipal Share the City is to receive in the ensuing year shall not be distributed to the City and shall be distributed among the remaining Eligible Cities." After approval and execution of the Interlocal Agreement, the City will forward the document for action by the County Commission. No surtax funds will be distributed until the Interlocal Aqreement is fully executed and all the above mentioned requirements are met. In addition, the municipal share shall be applied to supplement. not replace a city's support for transportation. Eligible Projects: Surtax proceeds shall be used only for the following transportation expenses: . Public transportation operations and maintenance. . Roadway and right-of-way maintenance and equipment and structures used for the storage and maintenance of such equipment. . Roadway and right-of-way drainage. . Street lighting. . Traffic signs, traffic engineering, signalization and pavement markings. . Bridge maintenance and operation. . Debt service and current expenditures for transportation capital projects in the above program areas, including construction or reconstruction of roads. . The City shall apply 20% of its share of surtax proceeds towards transit proiects, such as local bus service operations, bus bays, shelters, or other transit-related infrastructure. . If the City cannot expend such proceeds in accordance with the established criteria, proceeds shall be carried over and added to the overall portion of the surtax proceeds to be distributed to the cities in the ensuing year, and shall be utilized solely for the transit uses enumerated herein. . The City shall not expend more than 5% of its surtax proceeds on administrative costs, exclusive of project management and oversight for projects funded by the surtax. July 2, 2003 Commission Memorandum Surtax Interlocal Agreement Page 3 . In addition the City shall agree that the County-established Citizens' Independent Transportation Trust (CITT) has the power to monitor, oversee, review, audit and investigate the City's implementation of any project funded by the surtax. Attached hereto and made part of this memorandum are the following County-provided items: . Answers to the most frequently-asked questions regarding the municipal component of the People's Transportation Plan (PTP) and its surtax proceeds; and . Listing of Estimated (20%) Municipal Transit Surtax Funds Distribution to the eligible cities. The Interlocal Agreement must be approved at this meeting in order to comply with OPTM requirements for this first-year fund distribution. As previously stated, beginning in 2004 the deadline date will be June 1st of each year. The Administration recommends approval of the Resolution. JG/RM/FB/JJ/AJ Attachments: County-provided Q&A List Regarding PTP and Surtax County-estimated List of Surtax Funds Distribution to Cities County Ordinance 02-117, Citizens' Independent Transp. 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RESOLUTION NO. 2001-24586 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2001-02 OPERATING BUDGET FOR THE ELECTROWAVE SHUTTLE SERVICE, IN THE AMOUNT OF $2,153,936; AND APPROPRIATING A FUNDING PACKET WHICH INCLUDES $1,283,936 IN MIAMI BEACH PARKING ENTERPRISE RETAINED EARNINGS; $300,000 IN CONGESTION MITIGATION AND AIR QUALITY FUNDS FOR THE WASHINGTON AND COLLINS ROUTES; $150,000 IN FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FUNDS/COLLINS ROUTE; $100,000 IN FOOT FUNDS / WASHINGTON ROUTE; $150,000 IN CONCURRENCY MITIGATION FUNDS - SOUTH BEACH; $150,000 IN PROJECTED FARE COLLECTION REVENUES; AND $20,000 IN PROJECTED ON. BOARD ADVERTISING REVENUES WHEREAS, the Electrowave Shuttle Service to South Beach has been in operation since January 1998, and has carried over 3.5 million passengers to date; and WHEREAS, the Fiscal Year 2001-02 Operating Budget is proposed at $2,153,936 (the Budget); and WHEREAS, the City is being asked to contribute $1,283,936 in FY 2000-01 Miami Beach Parking Enterprise Retained Earnings, or 59.6% of the total Budget; and WHEREA~, the additional 40.4% will ~ome from $300,000 in Congestion Mitigation and Air Quality funds for both routes; $150,000 in Florida Department of Transportation. (FDOT) for the Collins Route; $100,000 in FOOT funds for the Washington Route; :$150,000 in ConcurrenGY Mitigation funds; $150,000 in projected fare collection revenues; and $20,000 in projected on-board advertising revenues; and WHEREAS, the proposed Budget is higher than fast year's due to the Federal Transit Administration (FTA) requirement that shuttle drivers be unionized; the proposed hiring of an outside agency, Electric Transit Vehicle Institute (ETVI) to maintain the shuttle fleet; and the proposed hiring of an additional employee for the Miami Beach Transportation Management Association (MBTMA); and t.. WHEREAS, under the proposed Budget, MBTMA will be fully responsible and accountable for the entire Electrowave Shuttle Project; and WHEREAS, the above mentioned funds need to be appropriated for the proposed Budget purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt a Fiscal Year 2001-02 Operating Budget for the Electrowave Shuttle Service, in the amount of $2,153,936; and appropriating a funding packet which includes $1,283,936 in FY 2000-01 Parking Enterprise Retained Earnings; $300,000 in Congestion Mitigation and Air Quality funds for both routes; $150,000 in Florida Department ofTransportation (FOOT) funds for the Collins Route; $100,000 in FOOT funds for the Washington Route; $150,000 in Concurrency Mitigation funds - South Beach; $150,000 in projected fare collection; revenues; and $20,000 in projected on-board aavertising revenues. PASSED AND APPROVED this the 21st day of September ,2001. MAYOR ~ ATTEST: ~r lk~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~~ if' ,. \\cH2IVOL 1\WORKlSTRA'AMEt.lA\ELEC'TWVEIEWBdgI02.memo.doc I " ~ C) 0 0 "'" ~ 0 llCl 0 CoO "'" 0 0 N Z ... 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W en '5 ii ii .. .. ~ Q Q U l- I- RESOLUTION NO. 2001-24595 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $56,000 IN CONCURRENCY MITIGATION (MIDDLE BEACH) FUNDS FOR THE IMPLEMENTATION OF INTERSECTION IMPROVEMENTS ON 41ST STREET AT INDIAN CREEK DRIVE; SUCH TRAFFIC OPERATION/SAFETY IMPROVEMENTS BEING RECOMMENDED BY THE MUNICIPAL MOBILITY PLAN (MMP) AS A PRIORITY PROJECT, WHICH HAS BEEN DESIGNED/ENGINEERED FOR THE CITY BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND FURTHER RESCINDING RESOLUTION NO. 2001- 24492, DATED JUNE 27, 2001, WHICH HAD AUTHORIZED THE APPROPRIATION OF $24,000 FOR THE PROJECT. WHEREAS, the Miami Beach Municipal Mobility Plan (MMP) recommended that intersection improvements be made at 41 st Street and Indian Creek Drive to implement protected, dual/eft turn movements for northbound Indian Creek traffic (the Project); and WHEREAS, the Project was heard and endorsed respectively by Middle Beach residents at and advertised public meeting held on August 23, 2000, the City's Transportation and Parking Committee meeting on September 11, 2000, and by City Resolution No. 2000-24093, dated September 27, 2000; and WHEREAS, the City requested and obtained approval from the Florida Department of Transportation (FOOT), which has also prepared the necessary implementation plans for the Project; and WHEREAS, Project implementation services will include obtaining required permits from County and FDOT; revisions to the movement of traffic plans prepared by FOOT, as needed; construction services by sub-contractor; actual construction administration and inspection services during the placement of the MOT items, pavement marking, and during . the County inspections, for a total of five working days; and coordination between FOOT and City; and WHEREAS, Resolution No. 2000-24093, dated September 27, 2000, previously appropriated insufficient funds to implement the Project, and needs to be rescinded; and WHEREAS, more than sufficient Concurrency Mitigation-Middle Beach funds are available for the purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City Commission hereby authorize the appropriation of $56,000 in Concurrency Mitigation (Middle Beach) funds for the implementation of intersection improvements on 41 st Street at Indian Creek Drive; such traffic operation/safety improvements being recommended by the Municipal Mobility Plan (MMP) as a priority project, which has been designed/engineered for the City by the Florida Department of Transportation; and further rescinding Resolution No. 2001.24492, dated June 27,2001, which had authorized the appropriation of $24,000 for the Project. PASSED AND APPROVED this the 20th day of September .2001. MAVOR1/; ATTEST: ~r PAft~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION \1CH2\VOL 1\WORK'$TRAIAMELJAIFDOl\Ouallum4 1 sl.rnllmo.doc 'lE", ffI ~Cl>< ':'1iii e~~ triS2~ . ",~ f;1'll~ ;:00 r-~~ )>. . 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() a:: 0 () ~ "~+""Q)CC:~:>""" a. 0 Ul c.!!! 0> > Cl ......!!1~QI"C~OOo Cjlw>>-=<(a::a::C\I CQ 0l0l o ee o 0 III III 0> .- .- N......<'>NNNOO > g>>g>> II. 00 ~ Cl Cl Q <$ Cl Cl lli' ~ Q Cl Cl an- ~ ~ .... eo C') ~ 0) ~- ~ ~ 1d J!! {!. C"Il II> DI ~ ~ J!! {!. ~ II> DI ~ Cl Cl Q <$ Cl Q) cD o o q,~ Oeo 0,,- ~M ....C'Il .... 404 ~ .... CD M en "It CD en "It 404 en ..J ~ o l- e::: <( W >;- W > u: '" .. {!! " Ul C') QI 0> III 0- o - ~ ~ Ql ~ Ql CIl III Ql C. x Ql '0 .s Ql o ~ ::J o en "C e ::J u. ~ o u. DRAFT CITY OF MIAMI BEACH PROPOSED FIVE-YEAR TRANSPORT A TIONITRANSIT PROGRAM FUND SOURCE LEGEND Page 3 of 3 Fund Code Fund Name Source of Funds CM Congetion Mitigation & Air Quality Program FTA Urbanized Area Formula Grant, Section 5307 CMP Concurrency Mitigation Program Fund Miami Beach .. FDEP FDEP Greenway Grants Federal Department of Environmental Protection FHPP Federal High Priority (Infrastructure Grant) Federal Highway Infrastructre Program Fund 351 Reallocated Bond Funds Miami Beach .. GOB General Obligation Bond Fund Miami Beach .. HBG Highway Beautification Grant FDOT Grant HUD-EDI HUD Economic Develop. Incentives Fund Housing and Urban Development LOGT Local Option Gas Tax Fund Miami Beach Share of State Collections .. NSF North Shore Fund (future) M.B. revenues from sales/North Beach lots .. Other Revenue: Fare Collection & On-Board Advertismt. Miami Beach Electrowave Program .. PERE Parking Enterprise Retained Earnings Miami Beach Parking Enterprise Fund .. RDATIF RDA Tax Increment Fund-City Center Miami Beach/City Center Redevelop. Agency .. RDATIF RDA Tax Increment Fund-South Pointe Miami Beach/South Pointe Redevelop. Agency" RTF Resort Tax Fund Miami Beach .. SNPB Safe Neighborhood Parks Bond Fund Miami Beach Share of Countywide Bond Funds .. STWB Storm Water Bond Fund Miami Beach .. SRTX Transit System Surtax Miami Beach share of the Municipal Share TCSP Transp.Community System Preservation Pilot Prg. USDOT FHA Grant TDP Transportation Development Program Florida Department of Transportation (FDOT) TE Transportation Enhancement Program TEA-21 Surface Transportation Program TOP Transportation Outreach Program FDOT Grant WSB Water and Sewer Bond Fund Miami Beach .. Surtax 3 JUSTIFICATION FOR THE UTILIZATION OF TRANSIT SURTAX FUNDS TO COVER FY 2002-03 ELECTROW AVE SHUTTLE OPERATIONS The FY 2002-03 Electrowave Operating budget was approved at $2.31 million by Resolution No. 2002-25012, dated September 26,2002. This budget will be short in funds by approximately $360,000 due to the following reasons: 1. The City terminated the Collins Route service in February 2003, thereby losing approximately $200,000 in Congestion Mitigation and Air Quality (CMAQ) funds that were applicable to the Collins Route only. 2. The buses previously utilized by the Collins Route were redeployed to the Washington Route service in an effort to decrease headways and increase ridership. Bus redeployment was also accomplished in February and has produced the desired results. 3. The budgeted $350,000 in FDOT Service Development Program funds was dedicated exclusively to an enhanced portion of the Washington Route, utilizing the redeployed buses mentioned in Item 2, above. At a 50/50 grant match rate, the City will be able to recover approximately half of the $350,000 in FY 2002- 03, resulting in approximately $160,000 in fund shortfall. 4. Therefore, the proposed utilization of $360,000 in Transit Surtax proceeds to fund the current budget shortfall left by the unrecoverable CMAQ and FDOT budgeted funds is appropriate and justified. ;.. ! RESOLUTION NO. 2002-25012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FISCAL YEAR 2002-<l3 OPERATING BUDGET FOR THE ELECTROWAVE SHUTILE SERVICE, IN THE AMOUNT OF $2,310,000; AND APPROPRIATING A FUNDING PACKET WHICH INCLUDES $350,000 IN SERVICE DEVELOPMENT PROGRAM FUNDS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE WASHINGTON ROUTE; $300,000 IN CONCURRENCY MITIGATION FUNDS..sOUTH BEACH; $100,000 IN PROJECTED FARE COLLECTION REVENUES; $20,000 IN PROJECTED ON-BOARD ADVERTISING REVENUES; AND FURTHER INCLUDING $300,000 IN FEDERAL CONGESTION MITIGATION AND AIR QUALITY (CMAQ) FUNDS PREVIOUSLY APPROPRIATED FOR THE PURPOSE BY RESOLUTION NO. 2002-24923, DATED JULY 10, 2002; AND $1,240,000 IN THE FY 2002-<l3 PARKING ENTERPRISE FUND BUDGET, SUBJECT TO APPROVAL ON SEPTEMBER 26, 2002. WHEREAS, the Electrowave Shuttle SeNice to South Beach has been in operation since January 1998, and has carried over 4.1 million passengers to date; and WHEREAS, the Fiscal Year 2002-03 Operating Budget is proposed at $2.31 million (the Budget); and WHEREAS, the City is being asked to contribute $1.24 million in FY 2oo2-<l3 Parking Enterprise Fund Budget, or 53.68% of the total Budget; these local funds also include the required matching funds to the FOOT and FTA contributions to the operating budget; and WHEREAS, the additional 46.32% will come from $350,000 in FOOT funds for the Washington Route; $300,000 in Federal Congestion Mitigation and Air Quality (CMAQ) funds for both routes; $300,000 in Concurrency Mitigation funds; $100,000 in projected fare collection revenues; and $20,000 in projected on-board advertising revenues; and WHEREAS, the above mentioned funds need to be appropriated for the Budget purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt a Fiscal Year 2002-03 Operating Budget for the Electrowave Shuttle Service, in the amount of $2,310,000; and appropriate a funding packet which includes $350,000 in SeNice Development Program funds from the Florida Department of Transportation (FDOT), for the Washington Route; $300,000 in Concurrency Mitigation Program funds-South Beach; $100,000 in projected fare collection revenues; $20,000 in projected on-board advertising revenues; and further including $300,000 in Congestion Mitigation and Air Quality (CMAQ) funds previously appropriated for the purpose by Resolution No. 2002-24923, dated July 10, 2002; and $1,240,000 in the FY 2002-03 Parking Enterprise Fund budget, subject to approval on September 26, 2002. PASSED AND APPROVED this the 26th ,2002. ~tlLU~- CITY CLERK \lCH2\VOL I\WORK\$TRAIAMELlAIELECTWVE\EWBdgI02.memo.doc APfIfttNfD M10 FORM&LANGlWJI . FeR PECU110tt ~ Pft6/tA ... TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT HDR FOR PROFESSIONAL CONSULTING SERVICES: EVALUATION OF RAPID TRANSIT OPTIONS This Agreement made and entered into this 6th day of Mav. 2003, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and H D R, a Nebraska corporation having its principal offices at 8404 Indian Hill Drive, Omaha, Nebraska 68114 (hereinafter referred to as Consultant). WIT N E SSE T H: WHEREAS, the City intends to undertake a study within the City of Miami Beach, which is more particularly described in Schedule "A", attached hereto, and wishes to engage the Consultant to provide professional consulting services for the evaluation of rapid transit options at the agreed fee as set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City to provide paid services, as hereinafter stipulated. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY. The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION. "City Commission" shall mean the governing and legislative - .- ,.- .-.. ..- body of the City. 1.3 CITY MANAGER. The "City Manager" shall mean the chief administrative officer of the City. The City Manager shaIl be construed to include any duly authorized designees, including a Project Coordinator, and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shaH issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS. "Proposal Documents" shaH mean the Request for Qualifications No. 36-02/03, for Evaluation of Rapid Transit Options for Miami Beach, issued by the City in contemplation of this Agreement, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT. The "Consultant" is herein defined as HDR, a Nebraska corporation having its principal offices at 8404 Indian Hill Drive, Omaha, Nebraska 68114. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub- consultants and any other person or entity acting under the direction or control of Consultant. The following sub-consultant was included in the Consultant's Proposal and is hereby approved for the Study: ADA 11401 SW 40th Street, Suite 470 Miami, Florida 33165 2 3.7.3 The City Manager, or his designee, shaH be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in attached Schedule "A" entitled "Scope of Services". 3.7.4 The City Manager may approve Agreement Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. ARTICLE 4. ADDITIONAL SERVICES 4.1 "Additional Services" are not provided for as part of this Agreement. If Additional Services (if any) are required, above and beyond the Scope of Services and fixed cost, such Additional Services/cost increase shall be duly negotiated by and between the City and Consultant, and authorized in writing by City via Resolution and Agreement Amendment; as needed, prior to commencement of same. Such authorization shall contain a description of the Services required; the amended Agreement Cost Budget (if applicable); and an amended completion date for the Project (if any). ARTICLE 5. COMPENSATION FOR SERVICES 5.1 FIXED FEE. The Consultant shall be compensated for the Services to be provided herein in an amount not to exceed One Hundred Fifty Nine Thousand, Nine Hundred Fifty Seven and 00/1000 Dollars ($159,957), pursuant to Schedule "B," "Agreement Fee Computation (Basic Services)." The City's Project Coordinator shaH make payments for Basic Services satisfactorily completed pursuant to this Agreement, within forty-five (45) calendar days of receipt and approval of an acceptable invoice. No markup shaH be aHowed on subcontracted Basic Services. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City's Project Coordinator. 5.2 Additional Services, if any, authorized in accordance with Article 4, will be compensated as approved by City. Request for payment of Additional Services shall be included with the 12 monthly Basic Services payment request noted in Article 5.1 above. All Additional Services must be approved, in advance and in writing, by the City prior to commencement of same, as noted in Article 4. No markup shall be allowed on subcontracted Additional Services. 5.3 Method of BiIIinf?: and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner, in a format and content that will satisfy City requirements. In the event subconsultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also be itemized and summarized by category. Consultant shall provide backup records for all Services, by category. 5.4 The City shall pay Consultant within forty-five (45) calendar days from receipt of Consultant's proper statement for Services satisfactorily performed. ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS 6.1 Consultant shall keep such records and accounts and requIre any and all sub- consultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to charges to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records, which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 7. OWNERSHIP AND USE OF DOCUMENTS 7.1 Electronic files of all documents, including, but not limited to research and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the 13 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest: CITY OF MIAMI BEACH 't.(lLLl d ~ (Lt Llu\ ~4~ \/1 u;- MAYO CITY CLERK Attest; H D R (CONSULTANT) ~~~~ Secretary ;;E3 E~/. . Paul A. Bowdoin, Senior Vice President Company Seal APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6-13--- d} Date F:I WORK\STRA lAMEllA \MPOIHDRagrmtR TO.doc 22 SCHEDULE "A" SCOPE OF SERVICES FOR EV AL {)A TION OF RAPID TRo\NSIT OPTIONS 1. Explain the significance of rapid transit to Miami Beach in addressing growth and traffic congestion issues, in light of known and imminent development in the community. 2. Review and comment on study accuracy and completeness of the Bay Link Draft Environmental Impact Study (DE IS) dated October, 2002. 3. Study and contrast in generic terms and also specifically to the conditions of Miami Beach the advantages and disadvantages of the following system modes (technology): . Bus, Bus Rapid Transit (BRT) and Light Rail Transit (LRT) or other variations (i.e. Trackless Trolley, etc.). . Develop data beyond the DEIS, if necessary, to support a full explanation of the different transit modes. . Examine route options including, .but not limited to those addressed in the DEIS. Comparison should include the effectiveness of each transit mode and their projected passenger capture rates within Miami Beach; consultant will rely on data supplied by the City and on the data and analysis produced for the DEIS, rather than creating new data or models. . Summarize order-of-magnitude cost for bus, BR T, LR T, and other options; including necessary infrastructure and other similar factors to enable the Commission to have a full understanding of the practical transit modes available. 4. Assess the capacity and reliability of the current bus transit system, including the Electrowave shuttle, as the baseline for transit system enhancements. 5. Evaluate the long term impact on land use and infrastructure of bus, BRT, LRT and other options. 6. Evaluate the potential for each mode to be expanded through subsequent phases. 7. Evaluate how a bus, BRT, LRT, or other options fit into the regional transportation system. 8. Carry out a public involvement effort for this study which includes: . Two public workshops (The cost of notification, meeting rooms, and other rneeting arrangement and activities beyond the time and direct expenses of the consultant, will be the responsibility of the City). Scope of Services/RTO Page 2 · Meetings will be held once with each of the City committees which are stakeholders in the design of this transit project: (a) Planning Board (b) Historic Preservation Board (c) Transportation and Parking Committee (d) Meetings with City Commissioners; Directors of Public Works, Planning, and CIP; the Miami-Dade County Metropolitan Planning Organization (MPO); Office of Public Transportation Management (OPTM); Miami-Dade Transit (MDT); as well as County Commissioner Bruno Barreiro. 9. Based on the findings of elements 1-7 above, provide proposed conditions to be considered for adoption by the Commission, which would attach to approval of a Locally Preferred Alternative to guide Final Environmental Impact Statement (FEIS) preparation, project design, and implementation. 10. Provide a definitive description as to how the local and federal transit project funding process works. Explain the consequences in project funding and priority of prompt action to proceed with a Final Environmental Impact Statement (FEIS) versus the approach of continuing to review and discuss over the next years, and then proceeding with a FEIS. Include in the analysis a summary as to the impact of federal funding based on the technology (mode) chosen as the LP A. 1 I. Complete and provide the above tasks in twenty printed copies and one unbound, camera- ready copy of a written document, inclusive of text, drawings, graphic charts, etc. 12. Present findings and recommendations at public meetings and to the Miami Beach City Commission no later than July 10, 2003. 13. Prepare a draft scope of work, schedule and budget for Phase II ofthe study for consideration by City staff and the Commission. F:\WORK.STRA IAMEUA\MPOISOS.RTO.HDR.doc RESOLUTION NO. 2003-25197 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SELECTING THE MOST QUALIFIED CONSULTING FIRM FROM THE THREE HIGHEST RANKED PROPOSALS RECEIVED PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 36-02/03, FOR EVALUATION OF RAPID TRANSIT OPTIONS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED FIRM AS SPECIFIED BY THE CITY COMMISSION, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP RANKED FIRM; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND.RANKED FIRM, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE SECOND.RANKED FIRM; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE THIRD.RANKED FIRM; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, at a special City Commission meeting on March 10,2003 to address the Baylink project and to consider the focally preferred alternative and mode choice, the City Commission adopted Resolution No. 2003-25143, which provided the following direction: 1. Request that Miami-Dade County extend the East-West Corridor up to the northern boundary of Miami Beach to give the City the greatest flexibility as opposed to terminating at the Convention Center as part of their re-authorization request to the federal government for the Intermodal Surface Transportation Efficiency Act (ISTEA); 2. To refer the request to both the County Commission and the MPO; and 3. That rather than doing a DEIS extension [the current DEIS] at this point, that the City of Miami Beach engage its own mass transit consultant to assist the City with the transit issue and planning in the community and to fund with MPO funds or if necessary, out of the transportation tax. The motion was approved 7-0; and WHEREAS, subsequent to the City Commission vote, the MPO deferred to fund the study that was requested by the City and further requested that the City of Miami Beach reach a decision on the Baylink project within the next 120 day period; and WHEREAS, in the March 19.2003 City Commission meeting following the MPO vote, the Commission discussed the MPO vote and took specific actions on the Baylinkltransit study issue. The Commission voted to undertake a RFQ process to select a consultant to study the various transit modes available to help the Commission and the community reach a conclusion of the preferred mode of transit for the community. The study was also to address routes for possible transit systems and how best to serve the mid and north beach areas in the future; and WHEREAS, the Commission further specified that the report is to be completed and presented to the Commission within the 120 day time frame; and WHEREAS, in response to the City Commission vote to undertake additional study of the Baylink issue and transit more broadly in the community, on March 26, 2003, RFQ No. 36-02103 was provided to 39 Architectural and Engineering Firms with a deadline for submission of their qualifications by April 11 , 2003; and WHEREAS, the following firms submitted responsive qualifications packages by the deadline: 1. HDR Engineering, Inc. 2. URS 3. Wilbur Smith Associates 4. Edwards and Kelcey 5. American Consulting Engineers of Florida 6. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.; and WHEREAS, on April 15, 2003, the City Managervia Letter to Commission (LTC) No. 94-2003, informed the City Commission that he was considering the appointment of the following individuals to the Evaluation Committee (the .Committee"): Jorge Chartrand, Assistant CIP Director Diane Downs, Resident, Citizen-at-Large Francois Lejeune, Planning Board Member/representative Jorge Gomez, Planning Director Steven Nostrand. Chairman of the Transportation and Parking Committee/representative Melvyn Schlesser, Planning Board Member/representative Robert Warren, Transportation and Parking Committee member/representative; and WHEREAS, the Committee convened on April 24, 2003 in the Commission Chambers and listened to presentations from all six (6) firms, and participated in a question and answer session after each presentation. Absent from the meeting were Committee Members Steven Nostrand, Melvyn Schlesser and Robert Warren. Ms Erika Brigham was added to the Committee. Jorge Gomez chaired the Committee meeting, and each presentation and the deliberations were video taped; and WHEREAS, the Committee, after discussions of each firm's strengths and weaknesses, scored and ranked the firms (see attachment A); and WHEREAS, each of the top three ranked firms impressed the committee members that they had an appropriate focus on the dynamics of achieving community consensus, a sensitivity for design and fit in the community and a broad transit knowledge with no preconceived notion of a preferred or correct technology; and WHEREAS, on the motion of Jorge Chartrand and seconded by Diane Downs, the Committee unanimously agreed on the following ranking: Top-ranked: Second-ranked: Third-ranked: HDR Glatting Jackson Wilbur Smith Associates; and WHEREAS, the three highest ranked consulting firms are well qualified to undertake the study desired by the City, and any of the three would be able to successfully complete the study in a manner that would be acceptable to the City; and WHEREAS, as perceptions may be a factor in this selection process and given the nature of the community discussion to date, the selection process and the actual selection takes on a slightly different nature than most of our consultant choices. The different nature of this process and selection also necessitates a slightly different approach to the manner in which a recommendation is forwarded to the City Commission; and WHEREAS, under normal circumstances a specific recommendation is made to the members of the Commission for final action. In this case, with the heightened sensitivity to perceptions and the passion of the community on the issue, the Administration's recommendation is in the form of endorsing the top three ranked firms as selected by the evaluation committee. The recommendation specifically recognizes that any of the top three firms is capable and that the City's interests would be well served with any of the three; and WHEREAS, while the evaluation committee's and the Administration's due diligence protect the City's interests and fulfill the statutory requirements for selection by recommending qualified consultants, the Administration's recommendation goes no further in a conscious effort not to add to any of the perception issues that may be a part of the process; and WHEREAS, each of the top three firms will be invited to the April 30, 2003 City Commission meeting to make a presentation to the Commission and any interested members of the public on their proposal. The Commission will be able to form an opinion as to how best to proceed and which of the three firms will best fit the needs of the Commission and the community. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND MEMBERS OF THE MIAMI BEACH CITY COMMISSION, selecting the most qualified consulting firm from the three highest ranked proposals received pursuant to Request for Qualifications (RFQ) No. 36-02/03, for Evaluation of Rapid Transit Options; authorizing the Administration to enter into negotiations with the top ranked firm as specified by the City Commission, and should the Administration not be able to negotiate an agreement with the top ranked firm; authorizing the Administration to enter into negotiations with the second-ranked firm, and should the Administration not be able to negotiate an agreement with the second-ranked firm; authorizing the Administration to enter into negotiations with the third-ranked firm; and further authorizes the Mayor and City Clerk to execute an agreement upon completion of successful negotiations. 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(lJ 1-1 ~ CORRADINO CITY OF MIAMI BEACH~ CITY OF MIAMI BEACH, FLORIDA FINANCIAL INFORMATION Federal Tax Identification Number: 596000372 Municipal Government Financial Institution Name: SunTrust Bank 777 Brickell Avenue Miami, Florida 33131 Routing & Transit NumberIBank Number: 061000104 Account Number of Vendor: 0360002236568 Type of Account: Checking ~. . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 TRANSPORTATION & CONCURRENCY MANAGEMENT DIVISION August 26, 2003 PHONE: (305) 673-7514 FAX: (305) 604-2498 Mr. Alberto N. Pazjus Chief of Management Services & Property Development Office of Public Transportation Management (OPTM) Miami-Dade County III NW First Street, lOth Floor Miami, Florida 33128-1999 SUBJECT: Follow-up to Miami Beach ApplicationlTransit Surtax Funds, dated 07/30/03 Dear Mr. PaIjus: This letter-packet is a follow up to a telephone conversation Ms. Amelia Johnson of my staff had with you this date. Attached you will find documentation that had either been previously submitted in a draft format, or not included as part of the City of Miami Beach's original Application for Transit Surtax Funding, mailed to Mr. Danny Alvarez, Executive Director-Office of Public Transportation Management (OPTM), on July 30, 2003. The following documents are included: I. The City of Miami Beach Five-Year Transportation PlanlFunding Sources; 2. Executed Authorization Agreement for Automatic Deposit of Miami-Dade County Warrants, utilizing OPTM-provided form; and 3. Executed Taxpayer Identification Number and Certification (Form W9). In case additional documentation and/or clarification are required, please feel free to contact either me at (305) 673-7000 Ext. 6012, or Ms. Johnson at Ext. 6347. Thank you for your attention and consideration to the Miami Beach Application for Transit Surtax Funding, and we look forward to begin receiving monthly wire transfers from OPTM, in the very near future. 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CITY OF MIAMI BEACH PROPOSED FIVE-YEAR TRANSPORTATIONITRANSIT PROGRAM FUND SOURCE LEGEND Page 3 of 3 Fund Code Fund Name Source of Funds CM Congetion Mitigation & Air Quality Program FTA Urbanized Area Formula Grant, Section 5307 CMP Concurrency Mitigation Program Fund Miami Beach .... FDEP FDEP Greenway Grants Federal Department of Environmental Protection FHPP Federal High Priority (Infrastructure Grant) Federal Highway Infrastructre Program Fund 351 Reallocated Bond Funds Miami Beach .... GOB General Obligation Bond Fund Miami Beach .... HBG Highway Beautification Grant FDOT Grant HUD-EDI HUD Economic Develop. Incentives Fund Housing and Urban Development LOGT Local Option Gas Tax Fund Miami Beach Share of State Collections .... NSF North Shore Fund (future) M.B. revenues from sales/North Beach lots .... Other Revenue: Fare Collection & On-Board Advertismt. Miami Beach Electrowave Program .... PERE Parking Enterprise Retained Eamings Miami Beach Parking Enterprise Fund .... RDA TIF RDA Tax Increment Fund-City Center Miami Beach/City Center Redevelop. Agency .... RDATIF RDA Tax Increment Fund-South Pointe Miami Beach/South Pointe Redevelop. Agency.... RTF Resort Tax Fund Miami Beach .... SNPB Safe Neighborhood Parks Bond Fund Miami Beach Share of Countywide Bond Funds .... STWB Storm Water Bond Fund Miami Beach .... SRTX Transit System Surtax Miami Beach share of the Municipal Share TCSP Transp.Comm. System Preservation Pilot Prg. USDOT FHA Grant TDP Transportation Development Program Florida Department ofTransportation (FDOT) TE Transportation Enhancement Program TEA-21 Surface Transportation Program TOP Transportation Outreach Program FDOT Grant WSB Water and Sewer Bond Fund Miami Beach .... Surtax 3 AlIg.:O. :003 :: :7PM OPTM f1o.0434 P.: AUTHOmZATIONAGREEMENT FOR AUTOMATIC DEPOSIT OF MIAMI-DADE COUNn' WARRANTS We hereby authorize the Finance Department to initiale credit entries 10 our accOunl (identified below) in the Mlll1eial institution IlllIllcd below and aulhorize the fl.ll3llcisl institution to credit the same to our accoUIlt This authoricy is to 1'CIIWn in efTe:e:l until revoked by us in writing to the: FiDaIlce Depanment. AccolIllt change:s must be reported to the FilI.mce Deparlmcllt thirty (30) days prior to the actual change. Please CCllIplclc the following iIlformation' SECTION 1 (I'O BE COMPLETED BY VENDOR) TYPE OF TRANSACTION: v" ADD CHA...~GE DELETE VENDOR NAME' FiSCAL OFFICER: TELEPHONE NUMBER: FEDERAl. TAX IDENTIFICATION NUMBER: FISCAL OFFICER SIGNATURE/TITLE: SECTION % (TO BE COMPLETED BY FINANCIA.L lNSTITVTlON) DIRECT DEPOSIT TO BE MADE TO' FINANCIAL INSTlTIJTION NAME, ADDRESS' ue",lAc, TELEPHONP. NUMBER.: ROUTIN"G 8: TRA}lSIT NUMBERlBANlC NUMBER: ACCOUNT # OF VENDOR TYPE OF ACCOUNT: DATE RECEIVED: VENDOR l'Io'UMBER: DISBURSEMENT OFFICERAPPROV AL' ACH INDICATOR UPDATE, CASH MANAGEMENT APPOV AL' Al.Ig.~Ij. ~UIJ:j ~:~i~M Form W.9 U~iM No.Q494 P. 1 Request for Taxpayer Identification Number and Certification Give form 10 the requester. Do NOT send to the IRS. (Rev Novem"'" 1999) - " 'i CI1cck i1PptOpli.ne box: 0 IndMdueUSoIe p'oF""'etar 0 Corpora,",n Acldt... lIlumb... SlI'Gc:t. and ""7 qr suC~ 1 \. 7'0 c. \( \lt~i 10,\ , T c..I' .or I'll <.... Ciry. 'lO". an<l ZIP "'lll\ I Mu..~,. t:)eQ.c.P To a Identification Number (TIN Enter your TIN in the appropli.1le box, For individuals. this is your social security number (SSN). However. If you are a resident alien OR a sole proprietor. see the inStructions on paga 2. For other entities. it is your employer Idantlfic:.tion number (EIN). If you do not have a number. see How to get a TIN on page 2. Note: ff the accounr is in more chJn one name. see the chart on page 2 for guidelines on whose number to enter. Certification ! !l 81 : a: o PSIln.t<llIP ~ OR l.ist ...o<Jt1l numberlsl here /oplioneQ For Payees EJrempt From Backup Withholding (See the InSllUctfonS' on page 2.) Under pcna~ of perjury. I ceMy that: 1. The number ShONn on t1Js ronn is my correct taxpayer identification number lor I am waiting for a number to be issued to me'. .nd Z. I am not subject 10 backup withholding because: (a) I am exempt from b.1ckup wIthholding. or (b) I have nO! bean notltlad by the Internal Revenue Service ORSI that I am subject ~up withholding as a resuk of. failure to report aU interest or dividends. or (e) the IRS hu notllilKl me tho1ll om no longer . to , 'lhholdin9. CenirfC8lion instlUC1ions. You m t c out ft~ 2 a ve If you have been l10lmed by the IRS that you are currendy subject to backup withholding because you have I I ed report II interest nd dividends on your Illx retum. For real estate transactions. IIem 2 does not apply For mongage Interest p81d. B ulsJ on or a donmerTt secured property. cancellation of debt, eornnbL4lons to an IndMdUIII retirement arrilllgMlenl ORA). and gen ally. yme other than' rest snd dividends.. ynu alP. not required In sign the Cettincadon blot you must provlde your correct TIN. (see e In ns on R .j Sign Here Purpose of form. A pi! so who is required to file an infon return with the IRS must get your rrect l.1xpayer identification number (TIN) to report for example. income paid to you. real eSl.1t11 transactions. mongage intereSt you paid.. acquisition or abandonmerTt of secured property. cancellation of deb!. or contributions you made to an IRA. Use Form W-9. jf you are a U.S person (1ncJuding a resident a~en). 10 give your correct TI N to the person requesting it (the requester) and. when app"c~ble. to: 1. Certify the TIN you are giving is correct (or you are wa~ing for a number to be issued). 2. Certify you are nO! subject to backup withholding. or 3.. ClaIm exemption from backup withholding if you are an exempt payee. If you are a foreign person. IRS prefers you use a Form W-8 (certlr.cate of fOleign SlaWs). Mer December 31. 2000. foreign persons must use an approprialll Form W-B. Nate: If a requester gives you a form otner rhJn Form W.g to requesr yoUI' T/N. you musr use the requaslw's form if it is subscanlia/ty similar to this Form W-9. Whalls backup wkhhofdlng? Persons making certJln p.Jymen15 10 you muSt withhold and pay 10 the IRS 31% of such payrnen15 under certain conditions. This is called -backup withholding.. Payments that may be subject 10 backup withholding include interest. dividends. broker and ba Iter exchange transactions. renlS. royalties. nonemployee P'ly. and certain pa~ents from rlShing boat operators Real estate transactions are not subject to baCkUp withholding. If you give the requester your correct TIN. make the proper certir.c;ations. and report all your taxable Interest and dividends on your tax rewln. payments you receive will not be subjeClIO backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not Furnish your TIN to the requester. or 2. You do not certify your TIN when required [see the Part III instructions on page 2 for detailS). 01 3. The IRS tells the requester that you furnished an incorrect TIN. or 4. The IRS tells you that you are subject to backup withholdIng because you did not report all your Interest and dividends on your I.U return (for reportable interest and dIVidendS only). or Datu .. 5. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reponable interest and dividend accounts opened erter 1 983 only). Certain payees and payments are exempt from backup withholding. See the Palt II instructions and the separate Instructions for the Requeaer of Form W-i. Penalties Failure to fumish TIN. If you faU to Furnish your correct TIN to a requester. you are subject to a penaity of SSO for each such failure unless your failure is due to reasonable c.luse and not to willrul neglect. Civil penally for f./se informetlon 'N~ respect to withholding. It you make a false statement with no reasonable basis that resultS In no backup withholding you are subjeClto a S500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including flnes and/or imprisonment Misuse of TINs. If the requester discloses or uses TINs in violation of Federa I law the requester may be subject to civil and criminal penalties. Cst No 1023 IX Fcxm W-g rFl.., 11.991 A Ij g . . IJ. : 0 0 3 : : : 7 P M . . FI"" w.g (Rr.v, 11.99) Specific Instructions Name. If you are an indlv.du.ll y(IU mu~t gener311y enter till!. n~me shown on your SOCial security card. However. if you have changall your last nilme. for instilnce. due to marriage. withOut informing the SOCial Security AdmlnistrdtiOn of Ihe name cnange. erlter your flrSI name. the la~1 name shown on your social security card, and your new laSt name. If the account is in joint names. list first and then circle the name of the person or entity whose number you enter in Part I of the form. So/It proprietor. You must enl"r yol1l' indlvidual name as shown on your social security card. You may enter your bUSiness. tr.1de. or "doing busjne~s as" name on the business name line. Other rmriries. Enter your business name as shown on required Federal tax documentS. This name should match the name shown on the charter or other legal document creating the entity You may enter ilny business, trade. or "doing . bu.~ine.~s 01$" ""me on the business name line. Part I- Taxpayer Identif"lCation Number (TIN) You mUSt enter your TIN In the appropriate box. If you arA a lesldent alien and you do not have and are not eligible to get an SSN. your TIN is your IRS individual taxpayer identification number (ITIN) Enter it in the social security number box. If you do not have an mf\. see How to get e TIN below. If you are a sole proprietor and you havll an lOIN. you may enter either your SSN or EIN. However. using your EIN may result in unnece~a/)' nouces to the requester. Note: See //le chart on //lis pilge (or (urthl!f clarirlcation of fIiIme and TIN combiflatirw;. How to get: a TIN. If you do not have a TIN. apply for one immediately. To apply for an SSN. get Form 5S"S. Appr.Cillion for a Social Security Card, from your rOCll Social Security Admin;,,1ralion offlce. Get Form W-7, Applicatilln for IRS Individual Taxpayer ldenrlflc:atlon Number, to apply fOl' an !TIN 01' Form 5S-4, Application for Employer IdentifiCation Number. to apply for an EIN .You can get Forms W.7 and S5-4 from the IRS by camng 1-800-TAX.FORM (1.800-829-3676) (ll from the IRS's Imernet Web Site at www.irs.goy. If you do not have a TIN. write "Apphed For. in the space for the TIN, sign and date the form. and give it to the requester For interest and dividend pilymenls. and certain payments mijde with re5pect to le.adily tradable inSlTuments. generally yc>u Will have 60 days 10 get a TIN and give it to the requester. Other paymentS aTe subject to baCkup withholding. Note: Writing "Applied For'means /hilt you have already applied for a TIN OR lh"t you intend to apply for one $(1011. OPTM Part II-For Payees Exempt From Backup Withholding Individuals rmdudlOg sola proprietors) are not exempt from baCkup withholding. C(Jrporil~ons :,re exempt rrom b:lckup withhOlding ror .certain payments such as Interest and diVidends. For mote information on exempt payees. see the separate Instructions for the Requester of Form W.9. If you are exempt from backup witllholding, you should still complete this form to avoid possible erroneous backup Withholding. Enter your correct TIN in Part I, write -Exempt" in Part II. and sign and date the form If you are a nonre.~ldent ahen or a foreign entity not SUbject to backup withholding. give the requester a comple~d Form W-B (certification of foreign status) Pan JU-Ceniflc.ation for a joint account. only the person whose TIN is shown in Part I should sign (when required). . 1. Interest, dividend, and barter exchango accounts opened before 19M and brOker accounts considet"ed active during 1983. You muSt give your correct TIN. but you do not have to sign the cellification. Z. Intnrcst, dlvldond, broker, and barter exchange accounts openDcl after 1983 and broker accounts considered lnaalvo during 1985. You must sign the cemficauon or backup withholding will apply. If you are sutlject to backup withholding and you are merely providing your COlTect TIN to the requesler. you must I;ro.';$ out itf!m 2 in Ihe certifiCdtion before signing the Ibrm. 3. Reel estale transactions. You must sign the cellification. You may cross out item 2 of the certification. 4. Other payments. You must give your cnrrect TIN. but you do not have to sign the. certification unless you have been notified that you have previously g;lIP.n an incorrect TIN. 'Other payments" include payments made in the course of dlc requ~~1er's trade or business for rents, royalties. goods (other than bills ior merchandise), medical and health care sQfvlces (Including payments to corporations). payments to a non employee for services. payments to certilin ~shing boat crew members and rOShf!rmen. and gross pro(;~d~ paid to attorneys Oncluding payments tu corporations). 5. Mortgage interest paid by you. acquisition or abandonment of secured property, c.an<:ellation of debt, quanf1cd Slate tuition program payments, IRA or MSA comribUlions or distributions. and pension distn"butions. You must give your correct TIN. but you dO rIOt h311e to sign the certJ~ca"on Prlvac.y Act Notice Section 6109 of the Intemal Revenue Code requires you to give your corrett TIN to s No.0434 p. 4 1'9ge Z persons wI10 must ~Ie information returns with the IRS to report intere.'t dividends. and certain other .ncome P3'd to you. mortgage interest you paid. the acqui.loition 01 abandonment of secured prnpertj cancellatIon of debt. or contllbutions you made to an IRA or MSA. The IRS U:\aS the numbers for idcntification purposes and to help verity tile accuracy of your rax return The IRS may 01150 pmvide this .,rnrmatiun to. the Dep.lrtment or JulOtica fOf civil and cnm.nalllligation. and to cities. states and the District of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required tu flIe a tax relurn. Payers mu.st genurally W11hhokt 31 % of taxable intere.<;t dlllldend. and certain other payments to a payee who does not give a TIN to a payer Certain penalties may also apply What Name and Number To Give the Requester f'or IN. type 01 """aunt: J GIN nlm.lnd SsN of: 1. Indlwidutl Tn. illd'JVi<lual 2. Two cr men TI\e ac:tu41 ow,,<< tlr tile ind"""'<l~~ Uall'K IQCOUI'It or. rr eomDlned .!c:olln'Q tunas. the rrst indN'tduaJ on the :,(t:CJunt I The- minOt J J. Cu:rMi.:In .Jo:aunl ur JI miner ru'libm Gjrt In Minnr.:. Att) 4. a. The \l'J"'::IJ revocablo ';.1vinQ:r trUst lt1:lntori3 al;o lAI::llr.l b, Sl>oCollld I]'IJ!;l ICCOlJ nt that 1$ nat , ifgll or ..)OJ '"'<t undvr 5f~14: ioN S. Sole propn..,..hip TI'le P"lur.LnaW:e t Thtt ;u:fu.,1 ctWTrJ ' ftte owner ' For lhis type of KCOU1\: Give rQl'TIc.IIf1d tiN or: 8. Sole proprietomlip Th. _.. ' , A voti4 trust. ~b!. 01' LI~I en")' . pr.n.o:ioIl1n,,:.t .. C".oll'Ol"l" .0 At-'ACioltmn. ckIb. NlJPiQut. d'-Yit.,bko.. .,du~iotQI. U" l)ther tiilJI[~".",'" OI'!lill'li.vllwu, 10. P:.nncnt'lip nlC! pJl'tIl~l'tlp , 1. A I:wker \7 (~n:d TIr. broker ~ l'IOtnil'lfe no"'..... 12. AceOUl\I..<I1 Ill. Deportmellt 01 AgrIC\l<url " !/10 IQ"" or , pIIblK: "'~ ","ch as oil mrc orlnr..lI gowmmor<. scl100l dlSll'Ct. cr pr....on) tho' tlC'eIYes "!7icuft~1 program POJTTl"'ts The_3lIOII Thl! urg.."iX,idol'l nw: pubfiC cnLly . L~o;t rrxt:lM cir'U.: IIUt n.tlf..e r:fV'lr petSOn llIhOS. numbr.t yal.l r"".istl. It on~ one person on i)Gint OIr.cO\U1t br.: ;wn SSN l"oI~ pet:lUfl'~ hLltnlJtr ",~s.t De fun1iVl8d. : tittle tJ'Ie mIM(S ~ml ~nd f\.mi~ t1l1 miJ'\lJ": SSN. tvcu mu::! ::how ~t indNiduat Mlhll:. ~1 ya ma~ Ol.lso Clntn' ycu-1J~nera '" ~ClQil'lg DuSll'l.eS~ 4S~ n~. fGlJ may u:a:: c:i:)IM' y\iUl' SSN or EIN fl yau llrIe one). . LIS: ttst, OIncJ crel. lhll r'I"~ of ~h:~ legallrf.lst. C!t.1te. CIt pens.icn D'ust. (Do not fl.,,"l~h tn. nN of thf 1:Jl'I".:c..n.ll ..pr....,lIUV. or """"" <mm tIIo ""I ",Ii:) o<odf ;, Molt CleftlgMte4 In ~ IC'eOllnt till..) N~ If no fIiltne is cirr:led ..nM m,,,,, lIIJn one name ~ ~.<tOd. rho numb<< wiN bo ccnridBff/(J to "" "'lit of rho fir!;t n""'" lister!.