Legislative Matter

Miami-Dade Legislative Item
File Number: 071586

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Clerk's Official Copy

File Number: 071586

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 07-56

Control:

File Name: USE SURTAX FUNDS FOR ADMINISTRATIVE CONTRACTS - CITT

Introduced: 5/21/2007

Requester: NONE

Cost:

Final Action: 4/24/2007

Agenda Date: 4/24/2007

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. (also see 070364)

Title:

ORDINANCE AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW FOR THE USE OF SURTAX FUNDS FOR CONTRACTS IN SUPPORT OF THE ADMINISTRATION OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITHOUT APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS FOR CONTRACTS WHICH DO NOT EXCEED ONE THOUSAND DOLLARS ($1,000); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 070364]

Indexes:

CITIZENS INDEPENDENT TRANSPORTATION TRUST

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	5/21/2007		Assigned	Bruce Libhaber	5/21/2007

Board of County Commissioners	4/24/2007	7A AMENDED	Adopted as amended				P
REPORT:	County Attorney Murray Greenberg read the foregoing proposed ordinance into the record. Commissioner Moss explained the intent of the foregoing proposed ordinance. A discussion ensued among Board members in connection with the threshold for award of contracts for services by the Citizens’ Independent Transportation Trust (CITT) without prior approval by the Board, the submittal of the written reports on a quarterly basis, the oversight, and the accountability of the CITT. Ms. Nan Markowitz, Executive Director, provided an overview of the intent of the foregoing proposed ordinance and clarified the type of small purchases included water for the office and framing for certificates of appreciation. She noted the usage of the County’s procurement process to procure items for CITT. Commissioner Sorenson offered an amendment that the individual contract amount would not exceed $10,000. Commissioner Rolle noted, as Chair of the Transit Committee, the Committee’s consideration of the foregoing proposed ordinance and the Committee’s support of this item. Commissioner Jordan concurred with Commissioner Rolle, as Chair of the Transit Committee and spoke in support of the foregoing proposed ordinance. Commissioner Martinez reminded the Board of the approval for the imposition of a ½ percent sales surtax to improve transit and transportation by the voters. He stressed the need to monitor these funds closely. A discussion ensued among Board members in connection with the CITT award for contracts; Commissioner Gimenez offered $5,000 as the threshold amount. Commissioner Sorenson noted she would accept the amendment offered by Commissioner Gimenez for $5,000. Following discussion among Board members regarding goods and services used in aiding the administration of the CITT, Commissioner Moss offered an amendment to the foregoing proposed ordinance to change the threshold for the contract amount to not exceed $1,000 without prior approval by the Board in lieu of $25,000 as outlined in the ordinance. Hearing no objection, the Board adopted the foregoing proposed ordinance as amended to change the threshold for the contract amount to not exceed $1,000 without prior approval by the Board in lieu of $25,000, as recommended by Commissioner Moss.

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO ALLOW FOR THE USE OF SURTAX FUNDS FOR CONTRACTS IN SUPPORT OF THE ADMINISTRATION OF THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITHOUT APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS FOR CONTRACTS WHICH DO NOT EXCEED ONE THOUSAND DOLLARS ($1,000); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on November 5, 2002, the voters of Miami-Dade County approved the imposition of a � percent sales surtax to improve transit and transportation; and
WHEREAS, the ballot language indicated that surtax proceeds would be overseen by the Citizens� Independent Transportation Trust (�Trust�); and
WHEREAS, requiring Commission approval of contracts for relatively small purchases for goods and services used in aiding the administration of the Trust creates unneeded delay and bureaucratic expense,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 29-124 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 29-124. Special fund created; uses of surtax proceeds; and role of Citizens� Independent Transportation Trust.

* * *

(e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the County Commission until such action has become final (either by expiration of ten days after such action without veto by the Mayor, or by Commission override of a veto) and either: i) the Trust has approved same; or ii) in response to the Trust�s disapproval, the County Commission re-affirms its award by two-thirds (2/3) vote of the Commission�s membership. The bid documents for all County contracts funded in whole or in part with surtax proceeds shall provide that no award shall be effective and no contractual relationship shall arise with the County unless and until approved by the Trust or re-affirmed by the County Commission as provided in this subsection. >>The foregoing notwithstanding, awards of contracts for services in support of the administration of the Trust or in support of the Trust�s oversight function shall not require County Commission or Trust approval, so long as the individual contract amount does not exceed one thousand dollars ($1,000).

(f) On a quarterly basis, the Executive Director of the CITT shall submit a written report to the Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29-124 herein.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. The provisions of this amendment shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 5. This Ordinance may only be amended or repealed by a two-thirds vote of the Board. Any amendment or repeal of this Ordinance shall further require a minimum of six (6) weeks between first and second reading.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged