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Home My WebLink AboutCity of Tamarac Resolution R-2018-125' INSTR # 115436406 STR # 115434213 Recorded 11 /08/18 at 11:22 AM Rec d 11 /07/18 at 02:40 PM Broward County Commission Broward CbwrtWCommission 44 Page(s) 44 Page(s) Mtg Doc Stamps: $0.00 Mtg Doc Stamps: $0. Int Tax $0.00 Int Tax $0.00 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT This Transportation System Surtax Interlocal Agreement (the "Agreement") is entered into by and between Broward County, a political subdivision of the State of Florida (the "County"), the municipalities that formally approve this Agreement and execute and return to the County a signature page bearing the above legend, each of which is a municipal corporation within Broward County existing under the laws of the State of Florida (collectively, the "Municipalities"), and the Broward County Metropolitan Planning Organization, duly organized and existing under Section 339.175, Florida Statutes (the "MPO"). Recitals A. Because of the urgent need for transportation system improvements, the County Commission voted on June 5, 2018, to place on the November 6, 2018, ballot, for consideration by the countywide electorate, a proposed transportation surtax levy of one percent (1 %) (the "Ballot Proposal'). On June 5, 2018, the County Commission also enacted Ordinance No. 2018-29, the Broward County Transportation Surtax Ordinance, which is codified in Section 31%-71, et seq., Broward County Code of Ordinances, and which, among other things: Levied the surtax subject to subsequent voter approval; 2. Established a transportation surtax trust fund into which all surtax proceeds will be deposited; 3. Established an independent oversight board (the "Oversight Board") to ensure transparency and objectivity in the review of applications for funding from surtax proceeds; 4. Established a seven (7) member entity (the "Appointing Authority") to appoint the members of the Oversight Board. One of the members is a designee of the Broward League of Cities; and 5. Provided a process by which any municipality within Broward County may apply for project funding from surtax proceeds, which process includes a request that the MPO review and rank all municipal projects based on each projects ability to alleviate traffic congestion and enhance connectivity. B. The County and the Municipalities enter into this Agreement to demonstrate their commitment to work together to protect the health, safety, and welfare of their mutual residents and visitors, including by educating the electorate, consistent with state law requirements, on the critical importance of the Ballot Proposal. ete CD�c�ed 1�4Cw'O�,1?�tY�f1`/OI]CG/ 7rticJ nl_fi0li 4L� 6J�l�fUfC� �a�� C. The County Commission, the governing body of each of the Municipalities, and the MPO enter into this Agreement on behalf of their respective entities after having made the following findings: 1. Without a dedication of substantial new revenues, the existing transit system within Broward County will not be sustainable, alternative modes of transportation will not be realized, and traffic congestion will continue to worsen; 2. The ten-year Transportation Development Plan approved by the County Commission on January 9, 2018, identifies that the County's transit system will be substantially underfunded by 2025, despite the current dedication of substantial ad valorem tax revenues to subsidize transit operations; 3. The proposed transportation surtax would enable the advancement of transportation and premium transit projects presently identified in the MPO's Commitment 2045 Metropolitan Transportation Plan and the current five- year Transportation Improvement Program, and would provide funding for roadway capital investment projects that would improve safety, reduce congestion, and advance multimodal mobility options for residents and visitors, which projects are currently infeasible for reasons including a lack of dedicated revenue for operations and maintenance; and 4. Critically, the proposed transportation surtax would provide a dedicated funding source that would enable the County to leverage revenues contributed by residents and visitors to obtain federal transportation grants available only to grant applicants that can demonstrate the financial resources to build, operate, and maintain, through their useful lives, major transportation projects, thereby bringing back to Broward County more of the tax dollars paid by local residents and businesses that would otherwise be allocated to other counties and states. The proposed surtax would enable the County to compete directly for, and work collaboratively with other governmental and private partners to acquire, certain discretionary state and federal funding to advance the mobility goals of the region. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement I. Recitals. The above -stated Recitals are true and correct and are incorporated herein by this reference. II. Applications for Funding. All municipal projects included within the Regional Mobility & Transportation Enhancements Surtax Initiative, which will be considered by the County Commission on September 13, 2018 (the "Current Municipal Projects"), shall be deemed to have been properly submitted by the Municipalities to the County consistent 2 with Section 31 %2-75(h), Broward County Code of Ordinances, and are not required to be resubmitted. There are seven hundred nine (709) Current Municipal Projects, with an estimated total cost of $2.8 billion (including the City Project Contingency). All of these projects have been submitted to the MPO for review, ranking, and prioritization, consistent with Section IV below. III. Eligibility. While the Transportation Surtax Ordinance prioritizes funding for municipal projects that will relieve traffic congestion and increase connectivity, the following municipal projects may be considered for funding: A. Street lighting - Improvements to lighting systems along a public road that illuminate the right-of-way for vehicles, pedestrians, and bicyclists. A lighting justification report consistent with Broward County and FDOT policies is required for these improvements to be considered; B. Drainage - Improvements to a public road storm water system that address drainage deficiencies, provided the drainage improvements only address storm water runoff from a public roadway. Improvements to address runoff from private roads and developments are not eligible; C. Buffer/Sound Walls - Improvements that are consistent with the Florida Department of Transportation's noise decibel level criteria; D. Fiber-optic - Improvements supporting only communications for the public transportation system, provided that the proposed improvements have received approval from the maintaining and operating agency(ies). Shared conduit may not be considered for surtax funding; E. Landscaping - Only improvements within the public road right-of-way that meet the applicable design criteria may be considered for funding; F. Parking - Improvements used for park -and -ride or other transit -oriented development parking that serves the public. Garages directly related to a transportation project that serves the public will be considered, provided the parking fees do not exceed costs associated with securing, operating, and maintaining the facility; and G. Road Improvements - Resurfacing and road repairs, pavement markings, signage, guardrails, ADA accommodations, and traffic calming projects are eligible. High - end decorative lighting, decorative road signage, brick pavers, and similar items are not eligible. IV. MPO Review and Ranking. For all Current Municipal Projects and all future municipal projects submitted to the MPO (collectively, "Submitted Municipal Projects"), the MPO agrees to review, rank, and prioritize the projects based upon each project's ability to alleviate traffic congestion and enhance connectivity. The parties hereto acknowledge that the MPO might lack adequate resources to review, rank, and prioritize 3 the Submitted Municipal Projects prior to calendar year 2020. The impact of this is addressed in Section V below. The MPO's obligation under this paragraph shall be subject to: (a) the County and MPO entering into an agreement for the County to fund, from Transportation Surtax Proceeds (as defined below), the MPO's actual, reasonable costs of meeting this obligation; and (b) the County, MPO, and Municipalities representing a majority of the population of Broward County entering into a separate agreement to establish the methodologies and criteria pursuant to which the MPO will review, rank, and prioritize the applicable projects. V. Surtax Proceeds for Submitted Municipal Projects. A. If the proposed surtax levy is approved by the voters in the November 6, 2018, election, the net amount of transportation surtax proceeds the County receives from the Florida Department of Revenue ("FDOR") shall be defined as the "Transportation Surtax Proceeds." The amount of Transportation Surtax Proceeds currently estimated to be received during the thirty-year levy is approximately $15.6 billion. B. Section 212.055, Florida Statutes, which authorizes the levy of the proposed surtax, was recently amended to require, prior to the conducting of the referendum, completion of an independent "performance audit of the program associated with the surtax adoption proposed by, the county." In connection with that audit, the County submitted to the state's Office of Program Policy Analysis and Government Accountability a table attached hereto as Exhibit A (the "Table"). The Table shows the amount of Transportation Surtax Proceeds currently projected to be received by the County and the current intended use of such proceeds. C. The row of the Table titled "City Projects" represents the County's current estimate of the amount of money available and intended in good faith to be utilized during the thirty-year tax levy to fund Submitted Municipal Projects approved by the Oversight Board (a separate row of the Table addresses Community Bus Service). D. Consistent with Section 212.055(1)(d), Florida Statutes, the County Commission hereby determines it appropriate and the County hereby commits that, for each applicable year during which Transportation Surtax Proceeds are received by the County, an amount equal to a minimum of ten percent (10%) of the Transportation Surtax Proceeds received by the County that year, less the amount directly paid from Transportation Surtax Proceeds for Community Bus Service as outlined below, shall be used to fund Submitted Municipal Projects in the order of ranking by the MPO (with the highest -ranked project receiving the first funding). The timing and process of providing such funding shall be consistent with applicable law including Section 129.01, Florida Statutes. If there is insufficient funding remaining within such ten percent (10%) commitment (less Community Bus Service funding) to fund the highest -ranked Submitted Municipal Project that remains unfunded (i.e., the next project that would receive funding), the County Commission may, at its option, either (i) exceed the ten percent (10%) commitment (less Community Bus Service funding) by funding the highest -ranked unfunded project or (ii) not fund that project and add the difference between the amount 2 of funding provided and the ten percent (10%) commitment (less Community Bus Service funding) to the amount to be funded the following year. Notwithstanding anything in this Agreement to the contrary, no Transportation Surtax Proceeds may be used to fund any Submitted Municipal Project: (i) submitted by a municipality that is not a party to this Agreement; (ii) that has not been approved by the Oversight Board; or (iii) to the extent utilization of Transportation Surtax Proceeds on such project would be impermissible under applicable. law. Additionally, this ten percent (10%) commitment shall be reduced in any year to the extent requested expenditures for Submitted Municipal Projects prioritized by the MPO are below ten percent (10%) of Transportation Surtax Proceeds received during such year less Community Bus Service funding for such year. Funding of Submitted Municipal Projects and Community Bus Service shall be accomplished through interlocal agreements between the County and the applicable Municipalities. The unincorporated area of the County shall be considered a municipality eligible to receive funding committed under this section, and projects proposed on behalf of the unincorporated area of the County shall constitute Submitted Municipal Projects. Each Municipality agrees to keep any and all Transportation Surtax Proceeds it receives in a segregated financial account, and agrees not to comingle such proceeds with any other funds. E. Community Bus Service. Transportation Surtax Proceeds will be used to directly fund all reasonable and necessary operating, maintenance, and capital costs of existing Community Bus Service and improved or new Community Bus Service, subject to the following conditions and subject to such expenditures being approved by the Oversight Board. Funding of Community Bus Service is not subject to any review or ranking by the MPO. To receive surtax funding, the Community Bus Service must meet or exceed the standard of 7.1 passengers per revenue service hour per route (the County has the discretion to increase this standard based on future population and ridership growth, in which event the increased standard must be met to be eligible for surtax funding). Notwithstanding anything to the contrary stated in this Agreement, the County shall not be obligated to fund in any year Community Bus Service in an amount exceeding ten percent (10%) of the Transportation Surtax Proceeds received by the County during that year. F. Potential Limitation for Calendar Year 2019. Notwithstanding anything in this Agreement to the contrary, if the MPO is unable to review, rank, and prioritize Submitted Municipal Projects prior to calendar year 2020, the County shall fund during calendar year 2019 the Community Bus Service described in paragraph E above, and the differential (the amount of the ten percent commitment less the amount of 2019 surtax funding for such Community Bus Service) shall be added to the funding for Submitted Municipal Projects in 2020. VI. Condition Precedent to Effectiveness of this Agreement; Joining After the Agreement Becomes Effective. This Agreement shall become effective only if, on or before September 30, 2018, the MPO and municipalities representing a majority of the population of Broward County formally approve, execute, and return the executed Agreement to the County, with a contemporaneous copy e-mailed to the County 5 Administrator and County Attorney at the e-mail addresses provided below. Any municipality may join the Agreement after it becomes effective. No municipality is eligible to receive any Transportation Surtax Proceeds prior to that municipality becoming a party to this Agreement. Additionally, if a municipality has not joined the Agreement on or before September 30, 2018, that municipality shall not be eligible to receive any Transportation Surtax Proceeds received by the County in 2019 (whether or not such proceeds are added to the 2020 funding as referenced in paragraph F above). VII. Reporting, Audit, and Related Requirements. The County and each Municipality receiving funding pursuant to this Agreement agree to fully comply with the Reporting Requirements specified on Exhibit B, agree to fully comply and otherwise fully cooperate with the auditing, project review, and oversight requirements stated in Section 31 Y2-75, Broward County Code of Ordinances, as same may be amended by the County (provided that such amendment(s) apply equally to the County), and agree that all of their respective expenditures of Transportation Surtax Proceeds will be consistent with applicable law and with the conditions, if any, of the approval received by the Oversight Board. The obligations stated in this paragraph shall survive expiration or earlier termination of this Agreement. VIII. Term of Agreement. This Agreement shall remain in full force and effect until all Transportation Surtax Proceeds received by any party pursuant hereto have been expended and thereafter until ninety (90) days after the Oversight Board has completed its review of each applicable party's final audit. If the Ballot Measure is not approved by majority vote in connection with the November 6, 2018, election, this Agreement shall be null and void ab initio. IX. No Impact on Future Levies. Nothing in this Agreement shall impact in any way, whatsoever, any future ballot question (whether placed on a ballot in 2019 or any time thereafter) seeking to impose, extend, or increase any levy of any surtax, or impact in any way any distribution from any such new, extended, or increased levy. X. Funding Limited to Transportation Surtax Proceeds. The County's funding obligations under this Agreement shall be met solely through the use of Transportation Surtax Proceeds, and funding provided shall be consistent with applicable law including Section 129.01, Florida Statutes. XI. Pledge of Support. To the full extent permissible under applicable law, all parties pledge to support the approval of the Ballot Measure and agree to work cooperatively to enhance the regional transportation system. Nothing stated in this section shall be interpreted to impede the free speech rights of any individual. XII. Amendment. This Agreement may be amended by a written document formally approved by the County and by such Municipalities that, at the time the amendment is being considered, both (i) constitute a majority of the Municipalities that are a party to the Agreement, and (ii) cumulatively represent more than fifty percent (50%) of the County's total population. The MPO's written approval of any amendment shall only be required if M. the amendment purports to modify any express obligation of the MPO hereunder. Any properly approved amendment shall be binding on all parties hereto. XIII. Governing Law, Venue, and Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with, and governed by, the laws of the State of Florida. The parties agree that the exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. BY ENTERING INTO THIS AGREEMENT, EACH PARTY HERETO HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS THAT PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CAUSE OF ACTION OR CLAIM ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT. XIV. Counterparts. This Agreement may be executed in counterparts, and such counterparts together shall constitute one and the same instrument. XV. Further Actions. If an audit conducted in connection herewith or in connection with Chapter 31 Y, Broward County Code of Ordinances, documents any misspent funds or other violation of this Agreement, the party in violation shall promptly take all reasonable and required actions to correct the violation. This provision shall survive the expiration or earlier termination of this Agreement. XVI. Notices. Any notice under this Agreement shall be provided by email to the following recipients: As to the County: Broward County Administrator Current e-mail: bhenry(cD-broward.org With a copy to: Broward County Attorney Current e-mail: ameyers(ZD& ward.org As to Municipality: Manager/Administrator Name and current e-mail provided on signature page With a copy to: Municipal Attorney Name and current e-mail provided on signature page MPO: MPO Executive Director Current e-mail: stuartgAbrowardmpo.om With a copy to: MPO General Counsel Current e-mail: a abriel wsh-law.com 7 A party's notice address may be changed at any time by that party, provided that party provides notice of such change consistent with the requirements of this section. XVII. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any other agreement, representation, or communication, whether oral or written, between the parties relating to the subject matter of this Agreement. XVIII. Headings. The section and subsection headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. XIX. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties hereto, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against any party. XX. Severability. In the event any portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective and the parties agree to negotiate in good faith to modify the invalidated portion of the Agreement in a manner designed to effectuate the original intent of the parties. XXI. Advice of Counsel. Each party acknowledges and agrees that it has had the opportunity to consult with and be represented by counsel of its choice in connection with the negotiation and drafting of this Agreement. [The remainder of this page left blank intentionally] IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY, by its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, duly authorized to execute same by Board action on the 21st day of August, 2018; each Municipality signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the date identified on its signature page; and the MPO signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the date identified on its signature page. BROWARD COUNTY ATT ST: B ward County Administrator, as ex officio Clerk of the. Broward County Board of County Commissioners Q 1 M M I, /i CREATED • '; m's_ O OCT 1st ` X E 1915 0� �COtiN�. �rrrnu�►+�� 0 BROWARD COUNTY, by and through its Board of County Commissioners Mayor Z71 day of 2018 Approved as to form by: Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Andrew J. Mdyers Broward County Attorney 211 day of l`N � , 2018 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the City of Coconut Creek, by its City Commission, signing by and through its City Manager, who is duly authorized to execute same by official action taken on September 27, 2018: CITY OF COCONUT CREEK ATTEST. Leslie ft�!dce May, MMC Date City Clerk:" ' .; By: Mary asi, City Manager Da e Approved as to form and legal sufficiency: Jv'"Vc' �z7 �0 Terrill C. Pyburn, City A rney Dat In accordance with Section XVI. Notices., of this Agreement, any notice to the City of Coconut Creek shall be provided by email to the following recipients: Mary C. Blasi, City Manager mblasia-cocon utcreek. net and Terrill C. Pyburn, City Attorney tpyburn Ca)-coconutcreek. net 10 CITY OF COOPER CITY IN WITNESS WHEREOF, the City Commission of the City of Cooper City approved and entered into this Transportation System Surtax Interlocal Agreement throh ma Commission action by Resolution adopted on September 20, 2018.ug ATTEST: SIGN /� INQ Kath n Sims Greg Ross City Clerk Mayor Date Sig City Address for Formal Notifications to City: CITY OF COOPER CITY, FLORIDA Office of the City Manager Bruce Loucks bloucks@coopercityfl.org 9090 SW 50 Place Cooper City, Florida 33328 CITY ATTORNEY dwolpin@wsh-law.com 10 CITY OF CORAL SPRINGS TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT ATTEST: i DEBRA THOMAS, CMC, City Clerk • 7TA 500 West Samp e oad Coral Springs, FL 33065 Telephone: (954) 344-1011 Fax: (954) 344-5930 Email: jhearn@coralsprings.or CITY OF C RAL SPRINGS, FLORIDA WALT G. C4ffAELL, JR., Mayor day of 2018 Contact information for notice purposes: Michael Goodrum, City Manager 9500 West Sample Road Coral Springs, FL 33065 Email: mgoodrum@coralsprings.org 10 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: City of Dania Beach through its City Commission, iNy y and through its Mayor authorized to execute same by Commission action on the of -th 2018. THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: : 1/-FA THOMA J. AN CITY ATTO P(�— tansbro a,daniabeachfl.gov CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR Dated: ,, 5 2018 C-CS ff -'� ROBERT BALDWIN j C.�t r,>>1 e CITY MANAGER y-a, , G;1 rbaldwinndaniabeachfl.eov Dated: S 4 5, 2018 NOTICES: Dated: 25 2018 Manager/Administrator: Robert Baldwin City Manager 100 W Dania Beach Boulevard Dania Beach, FL 33004 rbaldwin ce.daniabeachiLgov With a copy to: Thomas J. Ansbro City Attorney 100 W Dania Beach Boulevard Dania Beach, FL 33004 tonsbro atdaniabeachfl.gov 10 Transportation System Surtax Interlocal Agreement TOWN OF DAVIE, through its Town Council, signing by and through its Mayor, authorized to execute said action by the Town Council on the 171 day of September 2018. Witnesses: _Ybu' C/*)//'Cm tar'0wSj1r-K 7�a= Name of Witness Printed Above TOWN OF DAVIE, A Florida Municipal Corporation By: _ qee- 4 �a d aul, may6r 17t' Day of September, 2018 By: Richard J. Lemack, Town Administrator 10 Roig, Approved as to legal fo By: C ohn C. Rayson, To Attorney Designated Contacts for Notices (including email address(es): Town of Davie 6591 Orange Drive Davie, FL 33314 Attention: Town Administrator Email: rlemac:kiadavie-fl.uov Town of Davie 6591 Orange Drive Davie, FL 33314 Attention: Town Attorney rayson(aidavie-fl.t�ov TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT Date of Formal Action approving the agreement: 17th day of WITNESSES: ATTEST- 0 By _ nt a Gill yar , Cm'�' City Clerk (CORPORATE_ SEAL) NOTICES: Manager/Administrator: Burgess Hanson, City Manager 150 NE 2nd Avenue Deerfield Beach, FL 33441 bhanson@deerfield-beach.com Witha copy to: Samantha Gillyard, City Clerk 150 NE 2nd Avenue Deerfield Beach, FL33441 sgillyard@deerfield-beach.com September, 2018 City of Deerfield Beach 1-1 By —. Bill Ganz, Mayor day of6e�i�beC,2018. APPROVED TO RM: By Andre rodis, Oty Attorney M- TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT CITY OF FORT LAUDERDALE, through its City Commission, signing by and through its City Manager or Assistant City Manager, authorized to execute the same by Board action on the day of St 6-0-Mb e C , 2018. WITNESS: CITY OF FORT LAUDERDALE, A Florida Municipal Corporation Signature of Witness Print of Type Name of Witness ature of Witness Print of Type Name of Witness Lee R. Feldman, City Manager day of =q 2018 ATTEST: J By: Jeffrey A, odarelli, City Clerk Approved as to legal form: Alain E. Boileau, City Attorney By.-�Yr,� Tania 11 Assistant City Attorney Designated Address for Notices (include email address(es): City of Fort Lauderdale With a copy to: City Hall City Attorney 100 North Andrews Avenue City of Fort Lauderdale Fort Lauderdale, FL 33301 100 North Andrews Avenue Attention: City Manager Fort Lauderdale, FL 33301 Email: lfeldman@fortlauderdale.gov Email: aboileau(a,fortlauderdale.gov TRANSPORTATION SYSTEM SURTAX 1NTERLOCAL AGREEMENT CITY OF HALLANDALE BEACH CITY*OL•ERK• 'r Date of Formal Action approving the agreement NOTICES: Manager/Administrator: Nydia Rafols-Sallaberry Interim City Manager 400 South Federal Highway Hallandale Beach, FL 33009 nrafols@cohb.org With a copy to: Jennifer Merino City Attorney 400 South Federal Highway Hallandale Beach, FL 33009 CITY OF HALLANDALE BEACH, by and through its 91TY COMMI ION B. ITH S. LONDON, MAYOR day off 2018 171 day of September, 2018 Approved as to legal sufficiency and form by Jennifer Merino City Attorney City of Hallandale Beach 400 South Federal Hwy Hallandale Beach, Florida 33309 Telephone: _ (954) 457-1325 By.rdayof `� /V JEERINO CNEY dale Beach erh i 2018 THE TRANSPORTATION SYSTEM: SURTAX INTERLOCAL AGREEMENT (THE "AGREEMENT") IS ENTERED INTO BY AND BETWEEN BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (THE "COUNTY"), THE MUNICIPALITIES THAT FORMALLY APPROVE THIS AGREEMENT AND EXECUTE AND RETURN TO THE COUNTY A SIGNATURE PAGE BEARING THE ABOVE LEGEND, EACH OF WHICH IS A MUNICIPAL CORPORATION WITHIN BROWARD COUNTY EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA (COLLECTIVELY, THE "NI:UNICIPAL:I:TIES"), AND THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION, DULL' ORGANIZED AND EXISTING UNDER SECTION 339.175, FLORIDA STATUTES (THE "NIPO"). TOWN OF HILLSBORO BEACH, through its Town Commission, signing by and through its Mayor or Vice -Mayor, authorized to execute the same by Board action on the o2 �' day of CS 2018. WITNESS: ,j1A IA Signature of itness Irene Kirdahy Print of Type Name of Witness TOWN/ OF fHILLSBORO BEACH, FLORIDA By Deborah L. Tarrant, Mayor 6e! — day of 4411- , 2018 By X11 X'7 la William M. Serda, Town Manager ATTEST: Sherry D. Henderson, CMC Town Clerk Appr1 f Don d Jr.Doody, own Attorne Designated Address for Notices (include email addresses): William M. Serda, Town Manager Mserda@townofhillsborobeach.com Donald J. Doody, Town Attorney ddoody@cityatty.com R-2018-287 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE BROWARD METROPOLITAN PLANNING ORGANIZATION SETTING FORTH THE CONDITIONS FOR MUNICIPAL PROJECT FUNDING AND SUPPORTING THE 2018 TRANSPORTATION SURTAX BALLOT MEASURE. Approved by the City Commission on September 20, 2018 The City of Hc�Hy�ruood, a Coroora�of the Sty By: Josh Dated: Attest: A. Cerny, MMC, City Clerk APPROVED AS TO FORM & LEGAL Sufficiency for the use and reliance of the CITY OF HOLLYWOOD, FLORIDA only: Douglas 141.0krizales, City Attorney City of Hollywood 2600 Hollywood Boulevard, # 407 Hollywood, FL 33020 Daonzales i:Dho11ywoodfl.org Dr. Wazir Ishmael, City Manager City of Hollywood 2600 Hollywood Boulevard, # 419 Hollywood, FL 33020 Wishmael6a�hollrNoodfl.orq Notices: Any notice under this agreement shall be provided by email to the City Manager and City Attorney. 0 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT ATTEST: ,4" a, "Ak�i " Te a Allen, Town Clerk APPROVED AS TO FORM: Susan L. Trevarthen, Town Attorney Section XVI. Notice. With copy to: 9-18-2018 email: TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA BY: Ralph "Bud" Bentley, Tovj6 Manager Date: 2018 Bud Bentley, Town Manager TM@LBTS-fl.gov Susan Trevarthen, Town Attorney STrevarthen@wsh-law.com SIGNATURE PAGE FOR MUNICIPALITY TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT Attest: City Clerk —Sharon Houslin Aayr—Haz VRogers Date '�'OTICES: City Manager Phil Alleyne phila(alauderdalelakes.org -With a copy to: With a copy to: City Clerk Sharon Houslin sharonh a.lauderdalelakes.org City Attorney Sidney C. Calloway scallo«°ax(a),shutts.com me] TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, MULTIPLE MUNICIPALITIES INCLUDING THE CITY OF LAUDERHILL, AND THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO), is hereby made and executed on behalf of the CITY OF LAUDERHILL through its authorized officers or officials, as approved through official action via the passage of Resolution No. 18R-09-204 on September 12, 2018. CITY OF LAUDERHILL ATTESTi ' M By. ✓� Andrea Anderso. ,City Clerk dbarfes Fa anda, City Manager Dated: day of2018 APPROVED AS TO LEGAL FORM: Vim• W. Earl Hall, City Attorney Dated - NOTICES: Charles Faranda City Manager City of Lauderhill 5581 West Oakland Park Blvd. Lauderhill, FL 33313 With a Copy To: W. Ear.1 .Hall Hall & Rosenberg, P.L. City Attorney 8850 West Oakland Park Blvd., Suite 101 Sunrise, FL 33351 10 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT Any notice under this Agreement shall be provided by email to the following recipients: As to City of Lighthouse Point: John D. Lavisky, City Administrator ilavisky2liglithouggpoint.com With a copy to: Michael D. Cirullo, Jr., City Attorney mcirullona g tom, .com CITY OF LIGHTHOUSE POINT, a municipal corporation DATED: September 24, 2018 By: !-;K� Glenn Troast, Mayor By: A Af Attest: I D. Lavisky, City A ator By: &— �5 er M. , City Clerk Approved as to form: �/�� By: i Michael D. Cirullo, r. City Attorney 10 �Z,,.�►::I:!lllprlrt Oki SEAL 1956 ��rrrrrrrfltii1fi11U� TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT CITY OF MARGATE through its City Commission, signing by and through its Mayor or Vice -Mayor, authorized to execute the same by Board action on the Q (I: day of 20_�. WITNESS: Signature of Witnes wl Print of Tvne Vaine of Witness Signa re of Witne s Print of Type Nam of Witness CITY By Mayor a day of2018 By City ana er 5 ,— l j ATTEST: City. Clerk d ram..'. k'...-4� •� Ap oved as to Ka7brm. City At&n4ey Designated Address for Notices (include email address(es): City of Margate Attn: City Manager's Office 5790 Margate Blvd. Margate, FL 33063 E-mail: citymanager@margatefl.com James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 E-mail: jcherof@cityatty.com T" cL_e_kb�- TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT The City of Miramar, by its City Commission, signing by and through its Interim City Manager, duly authorized to execute same by City Commission action at its properly noticed meeting on September 17, 2018. CITY OF MIRAMAR, FLORIDA ATTEST: 1 enise A. Gibbs City Clerk Approved as to legal form and Sufficiency for the se of and reliance by the Cjt"f Miraliar only: City Attorn 'y Weiss Se to Helfman Cole & Bierma , P.L. Notice Recipient: By. J P Vernon E. Hargray Interim City Manager Dated: Vernon E. Hargray Interim City Manager City of Miramar 2300 Civic Center Place Miramar, Florida 33025 Telephone: (954) 602-3115 Vehargray@miramarfl.go_v With A Copy to: Jamie A. Cole, Esq. City Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, Florida 33301 Telephone: (954) 763-4242 Jcole@wsh-law.com TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the City of North Lauderdale has made and executed this Agreement on respective dates under each signature: CITY OF NORTH LAUDERDALE, by its Mayor and City Commissioners, signing by and through its Mayor and City Manager, duly authorized to execute same by Commission action on the 27th day of September, 2018; Approved s t form/ Samuel S. Goren, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard Fort Lauderdale, FL 33308 sgoren(dcityatty.com CITY OF NORTH LAUDERDALE City of North Lauderdale 701 SW 71 Avenue North Lauderdale, FL 33068 B l Jack Brady, -Mayor Dated: o27 day of September, 2018 BY Ambreen Bhatty, City Manager abhatty((-tnlauderdale.or Dated: -27 day of September, 2018 NOTICES PURSUANT TO THIS INTERLOCAL AGREEMENT PROVIDED TO: AMBREEN BRATTY, CITY MANAGER CITY OF NORTH LAUDERDALE 701 S.W. 71 AVENUE NORTH LAUDERDALE, FL 33068 abhattygnlauderdale.org TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT CITY OF OAKLAND PARK The City of Oakland Park, through its City Commission, signing by and through its Mayor, authorized to execute same by Board action on the 12t" day of September 2018 via Resolution 2018-129. ATTEST: CITY OF OAKLAND PARK, BY AND THF - -- - ------------ EE SHROUT, CITY CLERK 1�e. z o X.-1 Z � APPROVED AS TO LEGAL SUFFICIENCY BY: D.J. DOO , CI ATT EY Notices: As to the City of Oakland Park: With Copy To: City Manager Current email: davidh(ZD-oaklandparkfl.gov City Attorney Current Email: DDoodyacityatty.com TRANSPORTATION�T SYSTEM SURTAX INTERLOCAL AGREEMENT TOWN OF PEMBROKE PARK IN WITNESS WHEREOF, Town of Pembroke Park, signing by and through its Mayor - Commissioner, duly authorized to execute same by Resolution 18-09-05, adopted by Pembroke Park Town Commission on September 12, 2018 to enter into this Agreement with Broward County, the municipalities that formally approve the Agreement and the Broward County Metropolitan Planning Organization. ATTEST: r 1 ,i i NAJA�HA JOSEPH Dei)uYv Town Clerk r otice: Bogdan Vitas Interim Town Manager b vitas@townofpembrokepark.com TOWN OF PEMBROKE PARK, by and through Commissioners By 0,0 ASHIRA A. MOHAM E Mayor -Commissioner jday of September, 2018 Approved as to fprm: I By { CHRISTOPU4 J. RYAN Town Attorney cir(caryanlawfl.com �ffday of September, 2018 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT THE CITY OF PEMBROKE PINES Charles F. Dodge, City Manager 601 City Center Way, Pembroke Pines, FL 33025 cdodge@ppines.com ATTEST: City dlekk ,- Approved as to form and legal 17- day of , 2018 sufficiency for the use of and reli� ance •._ by the City of Pembroke Pines only: By: By: Samuel S. Goren, City Attorney Charles F. Dodge, City Manager Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 sgoren(o)cityatty.com NOTICES: Manager/Administrator: Charles F. Dodge City Manager City of Pembroke Pines Charles F. Dodge City Center 601 City Center Way Pembroke Pines, FL 33025 With a copy to: Samuel S. Goren, Esq. City Attorney Goren, Cherof Doody & Ezrol 3099 E Commercial Blvd #200 Fort Lauderdale, FL 33308 (00249454.1 1956-7601851E _day of 2018 Transportation System Surtax Interlocal Agreement (TSSILA) (City of Plantation Signature Page to TSSILA signed by County on 8/29/2018) 1. The City of Plantation has authorized the execution of this Interlocal Agreement by promulgating Resolution No. 12636 on September 4, 2018. Section 2 of Plantation Resolution No. 12636 makes the four (4) findings required by Recital C of this Interlocal Agreement. 2. Any notice to Plantation under this Interlocal Agreement shall be provided by e-mail to the following recipients: As to Plantation: Chief Administrative Officer Horace McHugh (current e-mail: HMcHu h Plantation.org) AND City Clerk Susan Slattery (current e-mail: SSlattery@Plantation.or) With a Copy to: City Engineer Brett Butler (current e-mail: BButleK@Plantation.or�} 3. The Broward County Administrator or County Attorney is authorized and requested to append this Signature Page to the Original Interlocal Agreement it is maintaining in its file, so as to evidence that Plantation has executed same. 4. Whereupon, the City of Plantation has, through its duly authorized officers, executed the Interlocal Agreement this 14th day of September, 2018. ATTEST: lev C_ Susan �Slattry, MMC City Clerk CITY OF PLANTATION: By: Horace McHuYV Chief Adminis rative Officer LIN Page 10 of TSSILA (Plantation Signature Page) CITY OF POMPANO BEACH TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT On September 25, 2018, the City Commission of the City of Pompano Beach duly authorized signing by and through its Mayor, Resolution No. 2018-275 to execute the Transportation System Surtax Interlocal Agreement. Witnesses: Attest: ,(SEAL) ASCELETA HAMMO , CITY CLERK All notePs purszant to this agreement shall be provided to: Gregory P. Harrison, City.1-1anager Approved As To Fo 100 W. Atlantic Blvd., Pompano Beach FL 33060/ email: greg.harrison@copbfl.com �`- and Mark Berman, City Attorney B ,-2 Y ATTORNEY 100 W. Atlantic Blvd., Pompano Beach, FL STATE OF FLORIDA COUNTY OF BROWARD 33060/ email: mark.berman@copbfl.com The foregoing instrument was acknowledged before me this day of 2018 by LAMAR FISHER as Mayor, BRIAN DONOVAN as Acting City MaAager and ASCELETA HAMMOND as City Clerk of the City of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation who are personally known to me. NOTARY'S SEAL: NOTARY PUBLI ,STATE OF FLORIDA (Name of Acknowledger Typed, Printed or Stamped) 0*RYp9'1"NNETTEFORRESTERWILLIAMS *erg Notary Public - State of Florida Commission # FF 993881 My Comm. Expires May 18. 2020 Bonded through National Notary Assn. Commission Number 10 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT This Interlocal Agreement has been passed and adopted by the Town Council of the Town of Southwest Ranches, at a public meeting held on 12th day of September, 2018. Town of Southwest Ranches c c- Do4N,Way, Mayo I1 Muniz, Assistant Town Adm Approved as to legal Form and Correctness Keith W"Poliakoff, E5l!/Town Attorney Notice: /Town Clerk As to the Town: Town Administrator Current a -mail: Vt/th a copy to: Town Attorney Current e-mail: C aberns@southwestranches.or keith.poliakoff@saul.com CITY OF SUNRISE TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the City of Sunrise has entered into this Transportation System Surtax Interlocal Agreement on the respective date under the Mayor's signature, signing by and through its Mayor, duly authorized to execute same by official action of the City Commission on the 26th day of September, 2018. ATTEST: City Notices to City of Sunrise: Richard Salamon, City Manager Rsalamon@sunrisefl.gov With a copy to: Kimberly A.. Kisslan, City Attorney CityAttorney@sunrisefl.gov CITY OF SUNRISE: 7Z� Mayor Michael an City of Sunrise Mryan(a)-sunrisefl.gov 954-746-3250 10770 West Oakland Park Blvd. Sunrise, FL 33351 Date: 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �tz� , • -rly A. P*dn, City Attorney Date: �? '� �"/ d CITY OF TAMARAC TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the City of Tamarac has entered into this Transportation System Surtax Interlocal Agreement on the respective date under the Mayor's signature, signing by and through its Mayor, duly authorized to execute same by official action of the City Commission on this 26th day of September, 2018. ATTEST: Patricia Teufel, C City Clerk ``��e�tiii►�ii�, -( AMA'q"��''' A: k . CO `J N`�� Notices to City of Tamarac: Michael C. Cernech, City Manager Michael. Cernech(Qtamarac.o[g With a coav to: Samuel S. Goren, City Attorney S. oct ren &, tyatty.com APPROVED AS TO FORM AND LEGAL SUFFICIENCY: zs�"- Lc Samuel S. Goren, City At rney Date: CITY OF TAMARAC: 1DreA9er, Mayor City of Tamarac Harrv. DresslerO.tamarac.orq 954-597-3460 7525 NW 88th Avenue Tamarac, FL 33321 Date: it —A4 TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT Municipality Signature Page City of West Park, Florida Date of Formal Action approving Transportation System Surtax Interlocal Agreement: September 4, 2018 Notice Information: Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions herein. For the present, the CTTY designates the following as the respective places for giving of notice: CITY. W. Ajibola Balogun, City Administrator 19565 South State Road 7 West Park, Florida 33023 R t3At_0C V r4 @ CkTY oFwL-sq PARK, oRGr Copy To: Burnadette Norris Weeks, City Attorney Burnadette Norris Weeks, P.A. 401 North Avenue of the Arts Fort Lauderdale, Florida 33311 5t4omklSe BoWL.eCaAL-. COM ATTEST: 11.101 � f APPROVED A57TO FORM r' Bur aaoe to Norris -Weeks, City Attorney CITY OF WEST PARK Eric H. Jones, Jr., Mayor W. Ajibola Balogun City Administrator (- SOL-vTo'A 2018 °-- aZ) TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY, by its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor, duly authorized to execute same by Board action on the 21st day of August, 2018; and CITY OF WESTON, signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the 24t" day of September, 2018; and the MPO signing by and through its authorized officer or official, duly authorized to execute same by official action taken on the date identified on its signature page. CITY ATTEST: 0— Patricia A. Bates, City Clerk (SEAL) APPROVEDIAS TO LEGAL FORM Jamie Alad(Cole, City �` day of 018 10 CITY OF W N By /jk D'a('niel J. Stermer, Mayor day of 2018 By John K. Flint, City Manager z� day of , 2018 Notices: John R. Flint, City Manager/CEO jflint@westonfl.org With a copy to: Jamie Alan Cole, City Attorney jcole@WSH-Law.com TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT CITY OF WILTON MANORS through its City Commission, signing by and through its Vice Mayor, authorized to execute the same by Commission action on the 25t` day of September, 2018. CITY: 4V , Designated Address for Notices (include email address(es): City of Wilton Manors Attn: City Manager's Office 2020 Wilton Drive Wilton Manors, FL 33305 Ihenderson@mdLto=anors.com (00254909.1 2976-9201291) TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment on the respective dates under each signature: BMPO, signing by and through its Chair and Executive Director, attested to and duly authorized to execute same. BMPO Gregory Stuart, Executive Director This Z day of . 12018. APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF AND RELIAN BY THE BMPO ONLY: By: Alan L. Gabriel, BMPO General Counsel Weiss Serota Helfman Cole & Bierman, P.L. BROWARD METROPOLITAN PLANNING ORGANIZATION (13AIPO) By: Richard Blattner, Chair This ?F day of, 2018. ALL NOTICES PERSUANT TO THIS AGREEMENT SHALL BE PROVIDED TO: Gregory Stuart, Executive Director Broward Metropolitan Planning Organization Trade Centre South 100 W. Cypress Creek Road Suite 650 Fort Lauderdale, FL 33309 Exhibit A 30-Year Financial Summary Regional Mobility and Transportation Surtax Initiative OPERATING Status Quo - Existing Transit Operations $4,827,170,163 Paratransit Operations $2,467,849,760 New 30-yr, Bus Service Plan $4,410,485,324 New Light Rall Transit (LRT) $1,417,566,886 Public Works $210,473,592 TransitSecurdy - Operations $95,150,831 Total Operating Costs $13,428,696,555 Revenues ' 30-Ye kJP6r1ad Status Quo - Existing Transit Operations $4 088.261,812 Paratransit Operations (State Transportation Disadvantaged Program Grants) $135,635,092 Public Works $D State Block Grants- New Bus $286 661,546 State Block Grants- New LRT $92,141,848 All Other New Revenue $351,240,271 Farebox Revenues - New Bus $1,014,411,624 Farebox Revenues - New LRT $212,635,033 Total Operating Revenues $5,182,007,227 Operating Revenues Minus Operating Costs ($7,246,689,328) New Surtax Fundfn_q for OgmuHnn CAPITAL 28 7 30-Yw%P_4rTo—d 77, Status Quo - ExWnq Transit Capital $962,717,549 ParatransR Vehicles $164 268,523 New 30-yr. Bus Service Plan (New Vehicles) $208,226 329 New 30-yr. Bus Service Plan (Replacement Vehicles) $370 447,855 New LRT Infrastructure $2,149,799,008 New LAT Vehicles $194 240 841 Public Works $1,445,131 915 New BRT/Rapid Bus Infrastructure 1396,749,505 New Transit InfraStucture (IT(Sec/Main(. Fac,/Shelters/NTCS/P-R) $737,550,537 Planning StudieVPassenger Sunrc s 1-08 244 632 Total Capftal Costs 6 733 425 694 Rlvenuet _ -30-Xea['Period' Status Quo - Existing Transit Capital $837,472,658 Federal Transit Administration (ETA) Bus & Bus Facilities Formula Grants (New) $16,934,854 FTA Formula Grants (New Bus) $142,672,770 FfA Formula Grants (New LRT) $53,051,568 FTA State of Good Repair Formula Grants (New LRT) $62,953 800 Other New Public Works Grants (FDOT, MPO, FtiWA) 9D,OD0 000 FTA/FDOT New Starts/Small Starts Discretionary Grants (New LRT/BRT) $815,141,042 Other NM Disc Grants 5 /. FTA + 25% FDO 63 470 793 Total Capital Revenues $2,650,747,485 Capital Revenues Minus Capital Costs ($4,082,679,210) New Surtax Fundinq for Capital $ 08 679 210 Projected 1-cent Sales Tax Revenue $15,629,448,616 Less 5% of Total Surtax Revenue) ($781,472,431) Remaining Annual Surtax Revenue $14,847,976 185 (Broward Co. Operating & Capital Deficit) ($11,329,368,538) Total Broward Co. Contingency $960,414,552 C(fylfii(ocaf(ort� "` mu�itd°e�i ofSurtaacReVenuiei: . Direct Funding of Community Shuttle Capital and O&M $539,665 526 City Projects $2,700,000,000 city Project Contingency $100,000,000 TOTAL $3 339,665,526 A-1 Exhibit A: Regional Mobility and Transportation Surtax Initiative 30—YEAR DETAILED PLAN raramwn�um�n+ca��tPralw�ewraswbm�anGamtNa� Ww.Yr t�ntn sia'.se7 fau.v� Y7zw waM s]fr�71 axni toast fn7��e rtf 7a+m�r Gnw cxew nn7io f 6a a fa/YJ11 tagao nlmea f1.]a,lta UAA,fn enau,a+ p.at7.7M PTA PamnY UrMtl New lf7l w so Y to lama rnaia s]a.iar t]falu u.sr,]to uwa o tn:n6uNaN llln w /0 w w {0 to t w...F PM.w.Ik. Gntl (At.mOMa1 0i0 Om00w0 OS3O0 131Y.01 f00,G ISaA0 nAmwa a0a0ce It-ftwr—AMuk.. 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The report shall be audited by an independent CPA, with an opinion as to whether the financial information is presented in accordance with Generally Accepted Accounting Principles and whether the projects are in accordance with the ILA. The audit shall contain sufficient information for the Oversight Board to determine if the project expenditures conform to this Agreement and applicable law. In this regard, the report must include cumulative financial information for each individual project undertaken pursuant to this Agreement. The annual report must conform to the report format presented below and must include the following three sections: Section One presents expenditures for the current year and the cumulative expenditures for each project as follows: 1) A description of the project; 2) The projected costs of the project as originally approved by the Oversight Board; 3) The cumulative expenditures for the project up to the beginning of the year being reported; 4) The expenditures for the project for the current report year; and 5) The total cumulative expenditures for the project as of the end of the current year being reported. Section Two presents the Statement of Revenue, Expenditures, and Changes in Fund Balance for the separate account/fund established for any and all Surtax funds received pursuant to this Agreement, and includes: 1) Revenue received by source; 2) The project expenditures; 3) Administrative costs including, as applicable, salaries, contractual services, and capital outlay; 4) Debt service, including principal and interest; 5) Other expenditures; and 6) The beginning and ending fund balances. Section Three presents the Balance Sheet for the Surtax fund. The annual report should include appropriate footnote disclosures in support of the items presented in sections one to three and include disclosure of any issue of noncompliance with this Agreement or applicable law. The following is a sample format of the required report. B-1 Sample Format for Financial Information for the Annual Report XYZ Municipality/County Receiving Surtax Funding for Fiscal Year Ended September 30, 201x Section I: Project Expenditures (to include detail on Project components of each approved project) Description Project Project Expenditures Current Cumulative Budget through Prior Expenditures Expenditures FY Project 1 ## ## ## ## (Show detail of expenditures by budget line item Project 2 ## ## ## ## (Show detail of expenditures by budget line item Total ## ## ## ## Section II: Statement of Revenue, Expenditures & Changes in Fund Balance Revenues: Surtax Receipts Other Interest Total Revenues $ Project/Activity Expenditures total from Section 1, Current Expenditures) Administrative Costs: Salaries Contractual Services Capital Outlay Total Administrative Costs Debt Service: Principal Interest Total Debt Service Other Expenditures Total Expenditures Excess of Revenues Over Expenditures Fund Balance October 1 Fund Balance September 30 Section III: Balance Sheet Assets (in detail) $ Liabilities and Fund Balances in detail $ B-2