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Memorandum Mo NTY
Date:
To:
From:
Subject:
Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners
George M. Burgess
County Manager
Revised Municipal Interlocal Agreement for Distribution, Use and Reporting of Charter
County Transit System Surtax Proceeds
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve a revised Interlocal
Agreement (ILA) with those municipalities existing as of November 5, 2002 (eligible cities), which
allows the municipality to receive and expend funds provided by the Charter County Transit
System Surtax (the Surtax) for a period of five (5) years.
BACKGROUND
Subsequent to the passage of the Surtax, Miami Dade County entered into ILA's with the thirty-
one (31) eligible municipalities for the distribution, use and reporting of Surtax proceeds. Only
those municipalities in existence as of November 5, 2002 are considered eligible. In order to
receive Surtax distributions, eligible cities must continue to provide the same level of general fund
support for transportation that was in its FY 2001-2002 budget in subsequent fiscal years; any
surtax proceeds received shall be applied to supplement, not replace the City's general fund
support for transportation. In addition, the City must apply twenty (20) percent of surtax proceeds
received to transit uses such as circulator buses, bus shelters, bus pullout bays or other transit -
related infrastructure.
As a result of the analysis of the relationship between the County and these municipalities, certain
revisions/additions to the municipal ILA are proposed. The proposed changes reflect provisions
in Miami -Dade County Ordinance 02-116 (as amended by recent Board action) as well as
address certain issues and concerns that have surfaced from both the County and municipalities
since inception of the People's Transportation Plan (PTP).
The attached ILA has been revised to incorporate the following:
• Section 2.1 Includes explicit language regarding Citizens' Independent Transportation
Trust (CITT) approval of Agreement and adds a five year term (the original ILA did not
provide an expiration date).
• Section 3 Institutes the requirement that information shall be submitted to the Office of
the Citizens' Independent Transportation Trust (OCITT) on a quarterly basis, no more
than 10 working days after the quarter end. This facilitates completion of the CITT's 90-
day reporting requirement.
• Section 4.2 Changes the date to receive documents from the eligible cities from June 1
to November 1. This change allows the cities to provide a current year's adopted budget
rather than estimates on planned transit and transportation projects.
• Section 5.1 Requires the provision of a certified report with a disclosure of surtax
proceeds expended followed by an independent audit report six (6) months after the
fiscal year end. Allows for audits by the CITT, the County Audit and Management
Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners
Page 2
Services, Office of the Commission Auditor and the Miami -Dade County Inspector
General or any agent of the County.
• Section 5.2 Requires municipalities cure audit findings.
• Section 7.7 Requires cities to acknowledge projects funded in whole or in part by Surtax
proceeds with appropriate signage.
• Section 7.8 Ensures that cities will provide access and treat all County residents equally
with respect to Surtax funded projects.
• Section 7.9 Incorporates requirements of Ordinance 06-138 (amending Ordinance 02-
116), approved by the Board of County Commissioners on September 26, 2006. This
ordinance ensures that all eligible municipalities do not expend more than five (5) percent
of its municipal share of Surtax proceeds on administrative costs, exclusive of project
management and oversight for projects funded by the Surtax.
• Section 7.12 Delineates that the County Manager or his designee has the authority to
distribute or withhold funds.
• Sections 10.1, 10.2 and 10.3 Prohibits the use of surtax proceeds from lobbying either
the Legislature, State agencies or the County.
All the eligible cities and the League of Cities Executive Director and General Counsel were
informed via mail of the proposed changes to the ILA in November, 2006. They were also
forwarded a copy of the revised, proposed ILA. In addition, municipalities were invited to attend
the CITT's Project and Financial Review Committee meeting on November 20, 2006 to comment.
Only two municipalities raised concerns about the ILA, which were related specifically to the
reporting period deadline (Section 5.1). This issue was addressed at the meeting to their
satisfaction and subsequently changed in the proposed ILA.
In order to better serve the County and the eligible cities, it is recommended that the Board
approve the revised attached ILA. The OCITT will continue to be responsible for the
administration of this Interlocal Agreement.
FISCAL IMPACT
There is no fiscal impact to the County associated with the adoption of the revised ILA.
Assistant County Manager Date