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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-135Temp. Reso # 9036 - May 17, 2000 Revision # 1 — May 18, 2000 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Board of County Commissioners (hereafter referred to as the "Board") has recognized the importance of public transit to our economy, environment and quality of life; and WHEREAS, the Board and local municipalities desire to levy an additional penny in local option gas tax (hereafter referred to as the "Fifth Cent") to be shared with cities for the funding of public transit services and infrastructure; and WHEREAS, the Board established an ad hoc committee, the Special Committee on the Local Option Gas Tax, comprised of city and county officials, to recommend a plan to the Board for the use and distribution of the Fifth Cent proceeds that the cities support; and WHEREAS, the committee recommended that forty-eight percent (48%) of the proceeds from the Fifth Cent be distributed to Broward County, twenty-six percent (26%) of the proceeds from the Fifth Cent be distributed, based on population, to cities for public transportation purposes, and that twenty-six percent (26%) of the proceeds should be available to those cities interested in providing community bus shuttle services; and WHEREAS, the City of Tamarac City Commission expressed its support for the recommendations of the Special Committee on the Local Option Gas Tax to fund public 1 f] 1 Temp. Reso # 9036 - May 17, 2000 Revision # 1 — May 18, 2000 Page 2 transit services and projects by passing Resolution Number R-2000-14 on January 12, 2000 (attached hereto as Exhibit A); and WHEREAS, Broward County desires to distribute the proceeds from the Fifth Cent pursuant to an interlocal agreement with the eligible municipalities within Broward County; and WHEREAS, the City of Tamarac is an eligible municipality; and WHEREAS, the City Manager recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an interlocal agreement with Broward County for the division and distribution of the proceeds from the Broward County Fifth Cent additional local option gas tax on motor fuel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS' clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: That the appropriate City officials are hereby authorized to execute an interlocal agreement with Broward County for the division and distribution of the proceeds from the Broward County Fifth Cent additional local option gas tax on motor fuel, attached hereto as Exhibit B. 1 1 1 Temp. Reso # 9036 - May 17, 2000 Revision # 1 — May 18, 2000 Page 3 Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day ofhtk�k—'2000. ATTEST: JWENSON, CMC dITY CLERK FY th have ,QluU6n as ITCHELL q)KRAFT CITY ATTORNEY JOE SCHREIBER, MAYOR RECORD OF COMMISSION TE MAYOR SCHREIBER DIST 1: COMM. PORTNER / C DIST 2: COMM. MISHKIN DIST 3: COMM. SUI.TANOF DIST 4: VIM ROBERTS a '`"' £ AWKARP COVAffY Community Services Department Mass Transit Division BRO ARDCOUNTY 3201 W. Capons Road, Pompano Beach,FL 33069 Administration (954) 357-8300 / FAX (954) 357-8305 • Maintenance (954) 357-8423 / FAX (954) 357-8350 Marketing and Communications (954) 357-8355 / FAX (954) 357-8371 • Operations (954) 357-8383 / FAX (954) 357-8378 Paratransit (954) 357-8329 / FAX (954) 357-8345 • Service Development (954) 357-8375 / FAX (954) 357-8342 Transit Information Systems (954) 357-6792 / FAX (954) 357-8305 June 19, 2000 Jeffrey L. Miller, City Manager Ulty of Famarac 7525 Northwest 88"' Avenue Tamarac, Florida 33321-2401 RE: Interlocal Agreement Between Broward County and Municipalities for Division and Distribution of the Proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel Dcar Mr. Miller: Unclosed, (or your tiles, is a fully -executed original of -the referenced agreement. On behall'ofthe Broward County Board of County Conuuissioners, and the entire staff of Mass Transit Division, I sincerely appreciate and thank you (or your support and quick action in considering, approval ofthis intcrlocal agreement on such short notice. You have probably read or heard by now that the Broward County Commission voted, at its public hearing of .tune 13, to levy the additional one-ccnt local option gas tax on motor fuel solely for public transportation -related purposes, effective January 1, 2001. We are very excited and eager to implement the countywide transit improvements proposed by this penny tax, and we look forward to working with the city's staff on this issue. Sincerely, Robert Roth Director RR/DD/ernz FITiclosure Larry Lietzkc, Director, Community Services Department Pamela Madison, Director, Office of' Public and Governmental Relations BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the internet: www.broward-org/bct Temp. Reso. # 9036 — May 17, 2000 Exhibit B INTERLOCAL AGREEMENT Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL INTERLOCAL AGREEMENT Between BROWARD COUNTY and THE CITY OF TAMARAC, FLORIDA for DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND THE CITY OF TAMARAC, FLORIDA, a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, the COUNTY currently levies four cents of the Additional Local Option Gas Tax on Motor Fuel pursuant to Section 336.025(1)(b), Florida Statues; and WHEREAS, the COUNTY and eligible municipalities now desire to levy a fifth cent of the Additional Local Option Gas Tax on Motor Fuel (hereinafter referred to as the "Fifth Cent") pursuant to Section 336.025(1)(b), Florida Statutes forthe purpose of transportation expenditures set forth in Section 336.025(7)(a); and WHEREAS, COUNTY desires to distribute the proceeds from the Fifth Cent pursuant to an interlocal agreement with the eligible municipalities within Broward County; and -1- WHEREAS, the CITY is a municipality located within Broward County, Florida, and represents that the CITY is eligible to receive a portion of proceeds from the Fifth Cent as that term is defined and as imposed by Broward County pursuant to ordinance; and WHEREAS, this is one of several interlocal agreements between the COUNTY and various eligible municipalities providing the same terms for the division and distribution of the proceeds from the Fifth Cent. All such agreements shall be deemed one Agreement ((hereinafter referred to as the "Fifth Cent Interlocal Agreement") for the purposes of paragraph (1)(b)(2) of Section 336.025, Florida Statutes; and WHEREAS, this Fifth Cent Interlocal Agreement constitutes an interlocal agreement between Broward County and municipalities located therein representing a majority of the population of the incorporated area within Broward County; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: /e\=i9ral■MI DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement- means this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. ARTICLE 2 DISTRIBUTION OF PROCEEDS 2.1 Forty-eight percent (48%) of said proceeds shall be distributed to the COUNTY. The remaining fifty-two percent (52%) shall be distributed to the eligible municipalities in the following manner: 2.1.1 Twenty -Six Percent (26%) shall be distributed to the eligible municipalities based on population as follows: -2- Population of Individual City Total incorporated area Population X 26.0000% city Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale -by -the -Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Total Population 39,554 28,730 111,724 18,480 67,529 59,964 148,971 31,504 1,756 127,660 3,798 27,870 50,596 35 10,645 50,727 54,583 29,903 28,236 13,219 4,784 120,091 80,434 74,403 616 8,243 78,413 52,413 42,522 11,795 1,379,198 Unincorporated area 111,091 -3- FY 2001 Percent Share 0.745654% 0.541605% 2.106170% 0.348376% 1.273025% 1.130413% 2.808332% 0.593899% 0.033103% 2.406587% 0.071598% 0.525392% 0.953812% 0.000660% 0.200675% 0.956282% 1.028973% 0.563717% 0.532292% 0.249198% 0,090186% 2,263900% 1.516304% 1.402611 % 0.011613% 0.155393% 1.478205% 0.988066% 0.801605% 0.222354% 26.00000% Total County 1,490,289 The population figures set forth above are based on the figures contained in the document referred to as the "Florida Estimates of Population," published on an annual basis by the Bureau of Economic and Business Research, Population Division, of the University of Florida. The population figures to be utilized in the formula described in this section, for the distribution of the Fifth Cent, shall be adjusted annually based on the current Florida Estimates of Population. Such annual adjustment shall be determined as of September 1, each year during which this Fifth Cent Interlocal Agreement is in effect. 2.1.2 The COUNTY shall allocate an additional twenty-six percent (26%) of the proceeds from the Fifth Cent to eligible municipalities for the limited purpose of funding community bus services within their municipal boundaries. Such allocation shall be in accordance with program standards and criteria developed and administered by the COUNTY. 2.2. The COUNTY and CITY agree that all the expenditures of the proceeds from the Fifth Cent, divided and distributed pursuant to this Fifth Cent Interlocal Agreement, shall be utilized only for transportation expenditures needed to meet the requirements of the capital improvements element of the comprehensive plan in accordance with the provisions and requirements of Section 336.025 (7)(a), Florida Statutes. ARTIN F TERM AND TIME OF PERFORMANCE Pursuant to the requirements of Section 336.025 (1)(b)(2), Florida Statutes, this Fifth Cent Interlocal Agreement must be approved by one or more municipalities representing the majority of the population of the incorporated area of Broward County no later than June 1, 2000. This Fifth Cent Interlocal Agreement shall be in effect through June 1, 2031. It shall govern the division and distribution of proceeds from the Fifth Cent, imposed through December 31, 2031. -4- CHANGES IN DISTRIBUTION OF PROCEEDS 4.1 Any change to the Division and Distribution of Proceeds from the Fifth Cent must be accomplished by a written amendment, executed by the parties in accordance with Section 7.9 below. ARTICLE 5 GOVERNMENTAL IMMUNITY 5.1 CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 6 TERMINATION 6.1 In the event the County rescinds this tax in the manner consistent with Section 336.025(5)(a), Florida Statutes, this Agreement shall be deemed terminated; provided, however, any tax proceeds due to CITY at the time of termination, shall be distributed as required under this Agreement. ARTIN F 7 MISCELLANEOUS 7.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, -5- surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 7.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this tax. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the tax. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 7.3 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: WE FOR BROWARD COUNTY: Director of Mass Transit Division Broward County Mass Transit Division 3201 West Copans Road Pompano Beach, Florida 33069 FnR r.ITY• City Manager City of Tamarac 7525 NW 8811 Avenue Tamarac, FL 33321 with a copy to the City Attorney at the same address. 7.4 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.5 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 7.6 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CITY elects to terminate this Agreement. An election to terminate this -7- Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.7 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.8 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 7.9 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 7.10 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 7.8 above. 7.10 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. 7.11 COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. [Intentionally Left Blank] IN WITNESS WHEREOF, the parties hereto have made and executed this Fifth Cent Interlocal Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , and CITY, signing by and through its ,Q/z,��2 U, duly authorized to execute same. ATTEST- BROWARD COUNTY, by and through its Board of County Commissioners Broward County A ministrator, as By. Ex-officio Clerk of the Broward CoVn#y... m Chair Board of County Commissionerg" 13 day of w.�.c , 20 d Q t Approved as to form by EDWARD A. DION, County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By ; Carol S. Wolff Assistant County Attorney -10- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL. ATTEST: _11 pri 'Swe son, CMC lnt 'City Clerk NMP:CSW:sl gastax. ila 5/16/00 00-114.07 CITY THE CITY OF TAMARAC By: a-ts�-z Ole Schreiber, Mayor Date: B Q4 4, P7 Y Jeffr ler, City Manager PPR V AS TO FO UFFI I CY:n By: -11- Atto LE