Res. No. 054-07-12439RESOLUTION NO.: 54 -07 -12439
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF
CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI -
DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to accept funding distribution of charter
transit system surtax proceeds levied by Miami -Dade County , and
WHEREAS, Miami -Dade 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) Florida Statue. (2002); and
WHEREAS, the City will continue to provide, at least, the same level of general fund
support for transportation that was in its FY 2001 -2002 budget in subsequent fiscal years; and
WHEREAS, any surtax proceeds received shall be applied to supplement, not replace a
City's general fund support for transportation; and
WHEREAS, Miami -Dade County and the City wish to provide for distribution, use and reporting of
surtax proceeds to the City base on the terms and conditions provided in the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute the
Inter -local Agreement for Distribution, use and reporting of Charter County Transit System Surtax
Proceeds Levied by Miami -Dade County.
Section 2: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this 3rd
ATTEST:
'CITY CLERK A )
READ AND APPROVED AS TO FORM
CIY/ATTORNEY
Include File Name and Path
day of April , 2007.
APPROVED:
,.fps
MAYOR
COMMISSION VOTE: 5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
yea
Commissioner Birts:
Yea
Commissioner Beckman:
yea
KI
South Miami
All- AmericaCft
1 1
N.•EO CITY OF SOUTH MIAMI
.sL 192�oP OFFICE OF THE CITY MANAGER
o R INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Dir Ir,
Public Works & Engineering Department
Date: April 3, 2007 Agenda Item No.:
Subject: Request to approve the Inter -local Agreement for distribution, use and reporting of
Charter County Transit System Surtax Proceeds Levied by Miami -Dade County.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF
CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY
MIAMI -DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE
Request: To approving the 5 -Year Inter -local Agreement for distribution, use and reporting of
Charter County Transit System Surtax Proceeds Levied by Miami -Dade County.
Reason /Need: Pursuant to the authority of Florida Statue 212.055(1), the County adopted
Ordinance Number 02 -116 levying and imposing of half penny Charter County Transit System
Surtax. Currently, the City is one of the municipalities that receive 20% of surtax proceeds
distributed annually to Cities. The City is required to apply the entire portion of the City's share to
supplement the City's general fund support for transportation and transit purposes.
In August 2003, via resolution number 114 -03- 11663, the City executed the original agreement for
the Distribution of Charter County Transit System Surtax Proceeds with Miami -Dade County.
Some of the major changes proposed in this revised agreement include:
■ A five (5) year term.
Per Miami -Dade County Ordinance 02 -116, the City, on an annual basis must apply at
least twenty (20) percent of any surtax proceeds received to transit uses in the nature of
circulator buses, bus shelters, bus pullout bays or other transit - related infrastructure.
Any City that cannot apply the twenty (20) percent portion of surtax proceeds it receives
as provided in the preceding sentence, may contract with the County for the County to
apply such proceeds on a County project that enhances traffic mobility within that City
and immediately adjacent areas. If the City cannot expend such proceeds in accordance
with either of the preceding sentences, then such proceeds shall either carry over and be
added to the overall portion of surtax proceeds to be distributed to the Cities in the
ensuing year and shall be utilized solely for the transit uses.
By November 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 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 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 City is to receive in the ensuing year shall
not be distributed to City and shall be distributed among the remaining eligible cities.
By November 1 a certified report with a disclosure of surtax proceeds expended in
accordance with State law, Ordinance No. 02 -116, and this Agreement followed by an
independent audit report six (6) months after the fiscal year end. The City agrees to
comply and cooperate with any monitoring procedures /processes deemed appropriate
by the CITT, including but not limited to site visits and limited scope audits. The City
further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the CITT or the Audit and Management Services
Department of Miami -Dade County, the Office of the Commission Auditor, the Miami -
Dade County Office of the Inspector General or an agent of the County. The City shall
retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of three (3) years from the date the audit report is issued, and shall allow
the CITT access to such records and working papers upon request.
Consistent with Miami -Dade County Ordinance 06 -138 the City shall not expend more
than five (5) percent of its municipal share of surtax proceeds on administrative
expenses, exclusive of project management and oversight for projects funded by the
surtax
It is recommended that the City Commission approve the resolution.
Cost: N/A
Funding Source: N/A
Backup Documentation:
❑ Proposed Resolution
❑ Copy of Inter -local Agreement
❑ County Ordinance number 02 -116
❑ City's Resolution No. 114 -03 -11663
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INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE
AND REPORTING OF CHARTER COUNTY TRANSIT
SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI -DADE
COUNTY
This Interlocal Agreement ( "Agreement ") entered into this 10 '. day of .
2007, by and between Miami -Dade County, a political subdivision of the St t*oqlorida
( "County "), and City of South Miami, -a municipal corporation locate 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, in 2003, County and City entered into an Interlocal Agreement delineating
each party's obligations; and
WHEREAS, the County and City wish to modify that agreement; and
WHEREAS, this, Agreement supersedes all previous agreements; and
WHEREAS, twenty (20) percent of surtax proceeds shall be distributed annually to those
Cities existing as of November 5, 2002, ( "eligible cities ") that meet certain conditions
including:
The City continues. 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 a City's
general fund support for transportation; I
WHEREAS, Miami -Dade County Ordinance 02 -116 requires that the City, on an annual
basis, apply at least twenty (20) percent of any surtax proceeds received to transit uses in
the nature of circulator buses, bus shelters, bus pullout bays or other transit - related
infrastructure. Any City that cannot apply the twenty (20) percent portion of surtax
proceeds it receives as provided in the preceding sentence, may contract with the County
for the County to apply such proceeds on a County project that enhances traffic mobility
within that City and immediately adjacent areas.
WHEREAS, if the City cannot expend such proceeds in accordance with either of the
preceding sentences, then such proceeds shall either carry over and be added to the
overall portion of surtax proceeds to be distributed to the Cities in the ensuing year and
shall be utilized solely for the transit uses;
WHEREAS, surtax proceeds distributed on a pro rata . basis amongst eligible cities based
on the ratio such City's population bears to the total population in all such 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) that continue to meet
the foregoing conditions; and
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth; the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 "Administrative costs" shall be defined as overhead expenses which are not readily
attributable to any one particular project funded in whole. or in part by the transit
surtax funds.
1.3 "BCC" shall mean the Miami -Dade County Board of County Commissioners.
1.4 "CITT" shall mean the Citizens' Independent Transportation Trust.
1.5 "City" shall mean a municipal corporation located within the geographic boundaries
of Miami -Dade County, Florida.
1.6 "Contractor" shall mean any entity, public or private, providing public transit
services as described in this Agreement under contract to the City.
1.7 "County" shall mean Miami -Dade County, Florida.
1.8 "FDOR" shall mean the Florida Department of Revenue.
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1.9 "Eligible Cities" shall mean cities in existence as of November 5, 2002.
1.10 "Fares" shall mean individual transportation fees paid by public transit passengers
in accordance with a schedule of fares adopted by County Ordinance.
1.11 "Mayor" shall mean Miami -Dade County Executive Mayor
1.12 "MDT" shall mean Miami -Dade Transit and authorized representatives thereof.
1.13 "OCITT" shall mean the Office of The Citizens' Independent Transportation Trust
and authorized representatives thereof.
1.14 "Project" shall be defined as transportation and transit projects including operation
and maintenance thereof, funded in whole or in part by surtax proceeds.
1.15 "Program" shall be defined as transportation and transit projects including
operation and maintenance thereof, funded in whole or in part by surtax proceeds.
1.16 "Surtax Proceeds" shall mean the funds collected and received by the FDOR from
the imposition of the Charter County Transit System Sales Surtax, less the
FDOR's cost of administration.
1.17 "The Trust" shall include the Citizens' Independent Transportation Trust, and
authorized representatives thereof.
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ARTICLE 2
TERMS
2.1 TERMS OF AGREEMENT
This agreement shall become effective as follows: (1) ten (10) days after the date
of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective
only upon an override by the Board of County Commissioners, and (2) either i) the
Citizens' Independent Transportation Trust (CITT) has approved same, or ii) in
response to the CITT's disapproval, the County Commission re- affirms by two -
thirds (213) vote of the Commission's membership and such reaffirmation becomes
final; and approval by the City Commission of the City of South Miami or City
Manager, if accompanied with documentation evidencing the City Manager's
authority to sign agreement; and the execution by the County: Manager. This
agreement shall remain in force for five (5) years thereafter.
2.2 TERMINATION
This Agreement may be terminated for cause by either party upon no less than
thirty (30) days written notice to the other party. Said notice shall be delivered by
verified facsimile transmission or certified mail, return receipt* requested. • The
noticed party shall have the opportunity to cure any stated cause for termination
within the notice period, in which case the terminating party may cancel. the
termination notice using the same means by which the notice of termination was
delivered.
2.3 The County may suspend or terminate the dispersing of surtax proceeds to the
City if there is a breach of this Interlocal Agreement until such breach is cured.
2.4 The County reserves the right to cancel unilaterally this Agreement for refusal by
the City to allow public access to all documents, papers, letters, or other, material
subject to the provisions of Chapter 119, Florida Statutes and made or received in
conjunction with this Agreement.
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ARTICLE 3
ACCOMPLISHMENT OF PROJECTS
Submission of Proceedings, Contracts and Other Documents: The City shall
submit to the CITT and /or OCITT such data, reports, records, contracts and other
documents relating to the program as the CITT or OCITT may request. On a
quarterly basis, the City shall provide to the OCITT a report regarding the
implementation of the projects funded in whole or in part by surtax proceeds. This
information is due to the OCITT no more. than ten (10) working days after the
quarter end. ,
ARTICLE 4
ACCOUNTING RECORDS
4.1 Establishment and Maintenance of Accounting Records: The City shall maintain for
projects or programs, in conformity with requirements of "Principles for State and
Local Governments," separate accounts to be maintained within its existing,
accounting system or establish independent accounts. Such accounts are referred
to herein collectively as the "program account ". Documentation of the program
account shall be made available to the CITT upon request any time during the
period of the Agreement.
4.2 By November 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 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 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 City is to receive in the ensuing year shall not
be distributed to City and shall be distributed among the remaining eligible cities.
4.3 Funds Received or Made Available for Projects: The City shall appropriately record
in the program account, and deposit in a bank or trust company which is a member
of the Federal Deposit Insurance Corporation, all payments received by it from the
County pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the program, which County payments and other
funds are herein collectively referred to as "program funds ". The City shall require
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depositories of program funds to secure continuously and fully all program funds in
excess of the amounts insured under Federal plans, or under State plans which
have been approved for the deposit of program .funds by the County, by the
deposit or setting aside of collateral of the types and in the manner as prescribed
by State law for the security of public funds, or as approved by the County.
4.4 Documentation of Program Costs: All costs incurred by the program, including any
approved services contributed by the City or others, shall be supported by properly
executed payrolls, time records, invoices, contracts, or vouchers evidencing in
proper detail the nature and propriety of the charges.
. ARTICLE 5
AUDIT AND INSPECTION
5,1 Audit Reports: By November 1 a certified report with a disclosure of surtax
proceeds expended in accordance with State law, Ordinance No. 02 -116, and this
Agreement followed by an independent audit report six (6) months after the fiscal
year end. The City agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the CITT, including but not limited to
site visits and limited scope audits.. The City further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the CITT or the Audit and Management Services Department of
Miami -Dade County, the Office of the Commission Auditor, the Miami -Dade
County Office of the Inspector General . or an agent of the County. The City shall
retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of .three (3) years from the date the audit report is issued,
and shall allow the CITT access to such records and working papers upon request.
5.2 Other Requirements: If an audit discloses any significant audit findings relating to
any award, including material noncompliance with individual project compliance
requirements or reportable conditions in internal controls of the City, the City shall
submit as part of the audit package to the CITT a plan for corrective action to
eliminate such audit findings or a statement describing the reasons that corrective
action is not necessary. The City shall take timely and appropriate corrective action
to any audit findings, recommendations; and corrective action plans.
5.3 The City shall permit and require its contractors to permit the County and the
CITT's authorized representative to inspect all work, materials, payrolls, records,
and to audit the books, records and accounts pertaining to the financing and
development of the program.
ARTICLE 6
RESTRICTIONS, PROHIBITIONS, CONTROLS, AND LABOR PROVISIONS
6.1 Equal Employment Opportunity: In connection with the carrying out of any project,
the City shall not discriminate against any employee or applicant for employment
because of race, age, creed, color, sex, sexual orientation or national origin. The
City will take affirmative action to ensyre that applicants are employed, and that
employees are treated during employment, without regard to their race, age,
creed, color; sex, sexual orientation or national origin. Such action shall include,
but not be limited to, the following:. Employment upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
Grantees, recipients, and their contractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of CITT assisted
contracts.
The City shall insert the foregoing provision modified. only to show the particular
contractual relationship in all, its contracts in connection with the development or
operation of the project/program, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies
or raw materials. When the project involves installation, construction, demolition,
removal, site improvement, or similar °work, the City shall post, in conspicuous
places available to employees and applicants for, employment for project work,
notices to be provided by the County setting forth the provisions of the
nondiscrimination clause.
6.2 Title VI - Civil Rights Act of 1964 :, Execution of this Interlocal Agreement
constitutes a certification that the City will- comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the
Regulations of the Federal Department of Transportation issued thereunder, and
the assurance by the City pursuant thereto.
6.3 The Americans with Disabilities Act of 1990 (ADA): Execution of this Interlocal
Agreement constitutes a certification that the City will comply with all the
requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of
the Federal government issued thereunder, and the assurance by the City
pursuant thereto.
6.4 Prohibited Interests: Neither the City nor any of its contractors or its subcontractors
shall enter into any contract, subcontract, or arrangement in connection with
projects or any property included or planned to be included in the projects, in which
any member, officer, or employee of the City during his tenure or for two years
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thereafter has any interest, direct or indirect. If any such present or former
member, officer, or employee involuntarily acquires or had acquired prior to the
beginning of his tenure any such interest, and if such interest is immediately
disclosed to the City, the City with prior approval of the BCC and the CITT, may
waive the prohibition contained in this subsection: Provided, that any such present
member, officer or employee shall not participate'in any action by the City relating
to such contract, subcontract, or arrangement. The City shall insert in all contracts
entered into in connection with projects or any property included or planned to be
included in, any project, and shall require its contractors to insert in each of its
subcontracts, the following provision: "No member, officer, or employee of the City,
during his tenure or for two years thereafter shall have any interest, direct or
indirect, in this contract or the proceeds thereof." The provisions of this subsection
shall not be applicable to any agreement between the City and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or
controlled by a Governmental City.
6.5 Interest of Members of, or Delegates to, Congress: No member or delegate to, the
Congress of the United States shall be admitted to any share or part of the
Agreement or any benefit arising therefrom.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Environmental Pollution: Execution of this Interlocal Agreement constitutes a
certification by the City that the project will be carried out in. conformance with all
applicable environmental regulations including the securing of any applicable
permits. The City will be solely responsible for any liability .in the event of non-
compliance with applicable environmental regulations, including the securing of
any applicable permits, and will reimburse the CITT for any loss incurred in
connection therewith.
7.2 Not Obligated to Third Parties: The County, the BCC Members, the CITT Members
and all of the County's officers, agents, and employees shall not be obligated or
liable hereunder to any party other than'the City.
7.3 When Rights and Remedies Not Waived: In no event shall the making by the
County of any payment to the City constitute or be construed as a waiver by the
County of any breach of covenant or any default which may then exist, on the part
of the City, and the making of such payment by the County while any such breach
or default shall exist shall in no way impair or prejudice any right or remedy
available to the County with respect to such breach or default.
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7.4 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of
this Agreement is held invalid, the remainder of this .Agreement shall not be
affected. In such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
7.5 State or Territorial Law: Nothing in the Agreement shall require the City to observe
or enforce compliance with any provision thereof, perform any other act or do any
other thing in contravention of any applicable State law: Provided, that if any of the
provisions of the Agreement violate any applicable State law, the City will at once
notify the OCITT .in writing in order that appropriate changes and modifications
may be made by the County and the City to the end that the City may proceed as
soon as possible with projects.
7.6 Use and Maintenance of Project Facilities and Equipment: The City ,agrees that
project facilities and equipment will be used by the City to provide or support public
transportation for the period of the useful life of such facilities and equipment as
determined in accordance with general accounting principles. The City further
agrees to maintain the project facilities and equipment in good working order for
the useful life. of said facilities or equipment.
7.7 Signage: For any project.funded in whole or in part by surtax proceeds, The City
shall post in a conspicuous location at the job site, structure or vehicle, a sign
indicating that surtax proceeds are being used for this project.
7.8 Residency Requirement: For any project funded in whole or in part by surtax
proceeds, the City' may not provide any preferential access accommodations or
pricing based on residency.
7.9 Administrative Expenses: Consistent with Miami -Dade County Ordinance 06 -138
the City shall not expend more than five (5) percent of its municipal share of surtax
proceeds on administrative' expenses, exclusive of project management and
oversight for projects funded by the surtax.
7.1.0 Contractual Indemnity: To the extent provided by law, the City shall indemnify,
defend, and hold harmless the County, the BCC Members, the CITT Members and
all of the County's officers, agents, and employees from any claim, loss, damage,
cost, charge, or expense arising out of any act, error, omission, or negligent act by
the City, its. agents, or employees, during the performance of the Agreement,
except that neither the City, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any
act, error, omission, or negligent act by the County or any of its officers, agents, or
employees during the performance of the Agreement.
7.11 When the County receives a notice of claim for damages that may have been
caused by the City in the performance of services required under this Agreement,
the County will immediately forward the claim to the City. The County's failure to
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promptly notify the City.of a claim shall not act as a waiver of any right herein to
require the participation in or defense of the claim by the City.
7.12 The County Manager or his designee shall. have the authority to distribute and /or
withhold surtax funds.
ARTICLE 8
AGREEMENT FORMAT
All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend to and include the singular. All words
used in any gender shall extend to and jnclude all genders.
ARTICLE 9
EXECUTION OF AGREEMENT
This Agreement may be simultaneously executed in counterparts, each of which
so executed shall be deemed to be an original,,and-such counterparts together
shall constitute one ih the same instrument.
ARTICLE 10
RESTRICTIONS ON LOBBYING
10.1 Federal: The City agrees that no surtax proceeds have been paid or will be paid by
or on behalf of the City, to any person for influencing or attempting to influence any
officer or employee of any federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. If any funds other than federal
appropriated funds have been paid by the City to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Interlocal Agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions. The City shall require that the language of this
section be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
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10.2 State: No funds received pursuant to this contract may be expended for lobbying
the Legislature or a State agency.
10.3 County: No funds received pursuant to this contract may be expended for lobbying
the County.
ARTICLE 11
MODIFICATIONS AND MISCELLANEOUS PROVISIONS
All notices and other communications required to be .remitted pursuant to this
Agreement to either party hereto shall be in writing and shall be delivered by
verified facsimile transmission or certified mail, return receipt requested, to the
parties at the address indicated below:
FOR MIAMI -DADE COUNTY:.
OFFICE OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST
c/o Executive Director, OCITT
111 NW 1 Street, Suite 1010
Miami, FL 33128
Fax: (305) 375 -4605
FOR City of South Miami:
of
Office of the City Manager
6130 Sunset Drive
South Miami, Florida 33143
With Copies to:
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11.1 COMPLETE AND BINDING AGREEMENT This writing embodies the full and
complete agreement of the parties. No other terms, conditions or modifications
shall be binding upon the parties unless in writing and signed by the parties.
11.2 GOVERNING LAW This Agreement shall be construed in accordance with the
laws of the State of Florida
IN WITNESS WHEREOFF, the parties hereto have made and executed this
Agreement on the respective dates under each signature:
ATTEST:
x ki'n,. Clerk
erk
Approved as to Form a d al ufficiency
By:
Assistant County Attorney
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FOR THE COUNTY:
Miami -Dade County,
a political subdivision of the State of
Florida
By its Board of County Commissioners
By. N s 6_44_��
County anager /� /
Date Executed: � t ( ® ` �
ATTEST:
By:
1
Q
Clerk
Maria M. Menendez.
Approved as to Forman Legal Sufficiency
By: _
City Attorne
FOR THE CITY:
City of South Miami,
a political subdivision of the State of
Florida
er
By:
i Manage
Ar
Date Executed:
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RESOLUTION NO.
114 -03 -11663
A RESOLUTION OF THE MAYOR AND. CITY. COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN.INTERLOCAL
AGREEMENT WITH MIAMI -DARE COUNTY FOR DISTRIBUTION OF CHARTER COUNTY
TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DARE COUNTY; PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to accept funding distribution of charter
transit system surtax proceeds levied by Miami -Dade County, and;
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 in the agreement.
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23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF
24 THE CITY OF SOUTH MIAMI, FLORIDA:
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26 Section 1: That the Mayor and City Commission authorize the City Manager to execute
27 the. Inter-local Agreement for Distribution of Charter County Transit System Surtax Proceeds Levied
28 by Miami -Dade County.
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30 PASSED AND ADOPTED this 22ndayof July , 2003.
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32 APPROVED:
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34 h i
35
36 Ronetta Taylor, Ci Clerk
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38
39 READ AND APPROVED AS TO FORM:
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41
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43 CITY EY
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ATTEST:
Horace G. Feliu, ayor
Commission Vote: 5-0
Mayor Feliu: Yea
Vice Mayor Russell: Yea
Commissioner Bethel: Yea
Commissioner Wiscombe: Yea
Commissioner McCrea: Yea