HomeMy WebLinkAboutInterlocal AgreementINTERLOCAL AGREEMENT FOR DISTRIBUTION
OF CHARTER COUNTY TRANSIT SYSTEM
SURTAX PROCEEDS LEVIED BY MIAMI-DADE
COUNTY
This Interlocal Agreement ("Agreement") entered into this 6 day of
2003, by and between Miami -Dade County, a political subdivision of the
State of Florida ("County"), and the City of Miami, a municipal corporation of the State
of Florida located within the geographic boundaries of Miami -Dade County, Florida
("City").
WITNESSETH
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) F1a.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; and
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 rneet 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 the entire 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 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
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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 1'1 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 (of not
less than ninety (90) days following the date of written notice from County) any
deficiencies, the amount equal to the pro rata portion of the Municipal Share City is to
receive in the ensuing year shall not be distributed to City and shall be distributed among
the remaining Eligible Cities.
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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 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 City, 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.
10. Notices to City under this Agreement shall be in writing sent by U.S. Mail
addressed to:
City Manager
City of Miami
444 S.W. 2" Avenue, 10th Fl.
Miami, Florida 33130
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.
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11. Prior to any party filing suit against the other asserting any claim arising
under this Agreement, the procedural options required by the "Florida Governmental
Conflict Resolution Act," §§164.101-164.1061, Fla.Stats, as amended from time to time
shall be exhausted.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
be executed on'tei? behalf as of the date first stated above:
ATTEST:
rvey Ruvin, Clerk
City of Miami
Executed under authority of
City Resolution No. 03-651
ATTEST:
Alejandro Vil
City Attorne
MIAMI-DADE COUNTY,
a political subdivision of the State of
Florida
CITY OF MIAMI, a municipal
corporation of the State of Florida
I�ij ij1E1
Arriola
y Manager
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