4-Surtax-Funded Agreement Contract Terms.docx

DOCX document 35 KB Posted

Attached to
Transit Shelters and Amenities (FTA)
Solicitation number
TRN2133001B1
Issued by
Broward County, Florida

About this file

This is a Surtax-Funded Agreement Contract Terms document applicable to Broward County, Florida contracts funded through the county's transportation surtax. The document establishes the foundational fiscal and funding conditions governing contracts and agreements that utilize transportation surtax proceeds authorized under Section 212.055(1), Florida Statutes. The contract terms are subject to appropriation and availability of funds within each Broward County fiscal year, which runs from October 1 through September 30.

The agreement specifies that any portion budgeted for transportation surtax funding shall be paid exclusively from surtax proceeds, with no obligation for the county to utilize ad valorem funds or alternative revenue sources if surtax proceeds are unavailable or unappropriated. Under these circumstances, the county retains the right to terminate the contract. Importantly, funding for transportation surtax-supported work is restricted to purposes permitted under Section 212.055(1)(d), Florida Statutes, and artistic elements funded through the surtax must first be determined eligible by the county. These terms directly apply to the Transit Shelters and Amenities contract for the Broward County Transportation Department, which is subject to both county surtax funding and Federal Transportation Administration requirements, including Buy America certification compliance for all bids and proposals.

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Text version

SURTAX-FUNDED AGREEMENT/CONTRACT TERMS

The following terms apply based on Broward County Transportation Surtax funding for this Agreement/Contract.

A. Fiscal Year The continuation of this Agreement/Contract beyond the end of any Broward County fiscal year (October 1 through September 30) is subject to both the appropriation and the availability of funds, pursuant to Chapter 212, Florida Statutes.

B. Transportation Surtax Funding Any portion of this Agreement/Contract that is budgeted by County to be funded from proceeds of the transportation surtax levied pursuant to Section 212.055(1), Florida Statutes, shall be paid exclusively from the transportation surtax. If such budgeted transportation surtax proceeds are not available or appropriated, County shall not have any obligation to utilize ad valorem funds or any other revenue source to pay for that portion of the Agreement/Contract, and County may terminate this Agreement/Contract. Funding for transportation surtax-funded work shall be utilized only for the purposes permitted under Section 212.055(1)(d), Florida Statutes.

C. Prohibition on Public Art and Design If the Agreement/Contract is funded in whole or in part with proceeds from the transportation surtax, only artistic elements that have been determined by County to be eligible for surtax funding under Section 212.055(1), Florida Statutes, may be funded through the surtax.

Form Date 10/21/24

File details come from the government source that posted it. Updated .