Loading...
Interlocal Agmt w/ MDC INTERLOCAL AGREEMENT FOR THE DISTRIBUTION OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY This Interlocal Agreement ("Agreement") entered into this /'2f~ day of . ,~~ F- 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"). 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 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 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)1-3 Fla. Stats (2002), as same may 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 cimulator 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 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 1st 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 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 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 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 of this Agreement. 9. This Agreement shall remain in effect from year to year for so long as County receives Net Proceeds. Notices to City under this Agreement shall be in writing sent by U.S. Mail 10. 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. 1st Street, 29th Floor Miami, Florida 33128 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on their behalf as of the date first stated above: MIAMI-DADE COUNTY a political subdivision of the State of Florida By: __ City of Miami Beach Executed under authority of City Resolution No. 2003-25251 ATTEST: City Clerk S F MIAMI BEACH, a municipal tate of Florida Mayor Date: ~ ~_,2 ~_OO.~ F: ~ WORK'S TRA L4 MELIA IS UR TAX1TransitSurtaxJnterl. A gr ee. DOC FORM & I.ANGUA~ &FOR~ON e People's Transportation Plan Municipal Component Q &A Will municipalities be represented in the Citizen's Independent Transportation Trust (CITT)? Yes. Municipalities will have representation under the umbrella of the League of Cities. One of the 15 representatives on the CITT will be appointed by the League of Cities. When will the County Commission appoint the 20-member Nominating Committee, as provided for by Resolution # 02-1177 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. 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 forwarding 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 Tmst. 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 ~G~.~will deduct funds associated with said project from the establish share of funds. 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 municipalities. 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. Jurisdiction Aventura Bal Harbour Village Bay Harbor Islands Biscayne Park Coral Gables El Podal Florida City Golden Beach Hialeah Hialeah Gardens Homestead Indian Creek Village Key Biscayne Medley Miami Miami Beach Miami Lakes Miami Shores Miami Springs Nodh Bay Village North Miami North Miami Beach Opa-Locka Palmetto Bay Pinecrest South Miami Sunny isles Beach Sud'side Sweetwater Virginia Gardens West Miami 20% Population 2,001 25,903 3,317 5,150 3,289 42,746 2,535 7,986 915 230,059 19,655 32,300 33 10,607 1,115 364,001 88,158 22,676 10,430 13,684 6,798 59,688 40,929 14,795 24,253 19,064 10,716. 15,534 5,035 14,260 2,348 5,927 1,103,906 % population $ 2.346% 0.300% 0.467% 0.298% 3.872% 0.230% 0.723% 0.083% 20.640% 1.780% 2.926% 0.003% 0.961% 0.101% 32.974% 7.986% 2.054% 0.945% 1.240% 0.616% 5.407% 3.708% 1.340% 2.197% 1.727% 0.971% 1.407% 0.456% 1.292% 0.213% 0.537% 100.000% First year 31,334,000 annualized $735,248 $94,152 $146,181 $93,357 $1,213,331 $71,955 $226,680 $25,972 $6,530,147 $557,901 $9!6,825 $937 $301,076 $31,649 $1 O, 332, O46 $2,502,335 $643,651 $296,052 $388,416 $192,959 $1,694,224 $1,161,756 $419,951 $688,413 $541,125 $304,170 $440,927 $142,917 $404,765 $66,647 $168,236 $31,334,000 · Legislative Matter Page I of 6 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: 4BALTERNATE Notes: THIS IS FINAL Title: VERSION AS ADOPTED. (also see 021979) ORDINANCE CREATING A CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITH CERTAIN POWERS OVER THE USE AND EXPENDITURE OF PROCEEDS OF PROPOSED CHARTER COUNTY TRANSIT SYSTEM SURTAX; PROVIDING TRUST MEMBERSHIP; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: TRANSPORTATION TRANSIT SURTAX CITIZENS INDEPENDENT TRANSPORTATION TRUST Sunset Provision: No Effective Date: Registered Lobbyist: None Listed Sponsors: Bruno A. Barreiro Expiration Date: Legislative History Acting Body Date Agenda Item Action Sent Due Returned Pass/Fail To Date Board of County 7/9/2002 4B Adopted as P Commissioners ALTERNATE amended Legislative Text TITLE ORDINANCE CREATING A CITIZENS' INDEPENDENT TRANSPORTATION 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-dade.fl.us/govaction/matter.asp?matter=022197 11/27/2002 Legislative Matter Page 2 of. ,6 PROVIDING SEVER_ABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE 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 212.055(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, pa,htership 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, ethnic, 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 of the United Way or his or her designee shall serve as a member of the 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 member of the Nominating Committee; and (5) The Chairpersons of the Community Councils shall meet and shall, by majority vote, appoint one member of the Nominating Committee; (6) The State Attorney; http ://www.co.miami_dade.fl.us/govaction/matter.asp?matter=022197 11/27/2002 Legislative Matter Page 3 of 6 (7) The Chief Judge of the 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 of the 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 (P.A.C.T.) shall appoint one member of the Nominating Committee; (18) The President or CEO of Underrepresented People's Positive Action Council CtJP-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 member 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. http://www.co.miami.dade.fl.us/govaction/matter, asp?matter=022197 11/27/2002 Legislative Matter Page 4 of 6 (c) Term of initial members. The initial members from Districts 1 to 5, inclusive, shall 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 temis. The selection of the Mayor shall serve an initial term of four years. The selection of the Miami-Dade League of Cities shall serve an initial term of two years. The foregoing notwithstanding, such initial terms shall 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 membership, as well as appointment of successors to those members whose terms have expired shall be filled directly by appointment of the Commissioner for the district for in which a vacancy occurs, or, in the case of a vacancy in a Miami-Dade League of Cities appointment shall be filled by appointment of the League, or, in the case of a vacancy in a mayoral appointment shall 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 shall have the qualifications for Trust membership set forth in subsection (a) above. The term of any Trust member appointed or re-appointed pursuant to this subsection after the initial temxs 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. [fan 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) if he 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 of the 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 of this 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 majority of those persons duly appointed to the Trust, provided that at least one-half (1/2) of the 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)1-3 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-dade.fl.us/govaction/matter.asp?matter=022197 11/27/2002 Legislative Matter Page 5 of 6 (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 MDTA. (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 of Interest and Code of Ethics Ordinance and the investigatory powers of the Inspector General. The Trust shall at alt 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 requirement 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 of Interest 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 http ://www.co.miami_dade.fl.us/govaction/matter. asp?matter=022197 11/27/2002 Legislative Matter Page 6 of 6 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 Legislative Search I Lobb~/ist Registration I Legislative Reports -~J6~ gcc I~ii~ ca ~hd~i~"[ -~i-~_~ni_~__a~e_~0u~n~Y_Cod_e__o~ Or~din_a~nc~__s_.O Home I Using Our Site I About I Phone Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to W?~ .m_?st_e[ Web Site © 2002 Miami-Dade County. All rights reserved. http://www.co.miami_dade.fl.us/govaction/matter, asp?matter=022197 11/27/2002