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RESOLUTION 83-17516 RESOLUTION NO. 83-17516 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR COLLECTION, DISBURSEMENT AND COSTS RELATING THERETO RESULTING FROM THE THREE PERCENT DADE COUNTY CONVENTION DEVELOPMENT TAX. WHEREAS, the City Manager was directed by Resolution No. 83-17506 to negotiate an Interlocal Agreement with Metropol- itan Dade County and the City of Miami for the collection and dispursement of the three percent Dade County Convention Devel- opment Tax; and WHEREAS, the City Commission of the City of Miami Beach, Florida, deems it in the best interest of the citizens of Miami Beach to enter into said Interlocal Agreement with Metro- politan Dade County and the City of Miami , the terms of which have been negotiated by the City Manager and are familiar to the City Commission, and which contract is attached to this resolu- tion; and WHEREAS, the details of the attached contract are fa- miliar to the City Commission in Commission Memorandum No. 695- 83 ; and WHEREAS, the City Manager recommends the City enter into said agreement and the City Attorney has approved same as to form and legal sufficiency; and WHEREAS, the City Commission of the City of Miami Beach formally requests that Metropolitan Dade County begin the process required to issue sufficient revenue bonds to cause the funding of the expanded Convention Center ; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COM- MISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the Mayor and City Commission be authorized and directed to execute said attached Agreement for and on behalf of the City of Miami Beach and that Metropolitan Dade County be OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 memoralized to issue sufficient revenue bonds to cause the funding of the expanded Convention Center. PASSED AND ADOPTED this 19th day of October, 1983. C:-- ;) "101z ATTEST: 4g_n_1„1 4EZZ4kAA5L) d)? CITY CLERK CK:kt 10193A FORM APPROVED LEGAL mow By Date_ -2- OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 1983, by and between METROPOLITAN DADE COUNTY, FLORIDA (hereinafter referred to as the "COUNTY") , the CITY OF MIAMI (hereinafter referred to as "MIAMI"), and the CITY OF MIAMI BEACH (hereinafter referred to as the "BEACH"). WITNESSET H: WHEREAS, Section 212.057, Florida Statutes (1983) , authorized COUNTY to levy ''a three percent (3%) convention development tax on certain types of living quarters or accommodations; and WHEREAS, pursuant to Section 212.057(1) , Florida Statutes, COUNTY enacted Ordinance 83-91, levying a three percent (3%) convention development tax, a copy of which ordinance is incorporated herein by reference; and WHEREAS, Section 163.01, Florida Statutes, permits BEACH and MIAMI to establish interlocal agreements, and Section 163.01, Florida Statutes, and the Dade County Home Rule Amendment and Charter permit COUNTY to establish interlocal agreements; and WHEREAS, BEACH and MIAMI are desirous of establishing a collection and disbursement vehicle of the convention development tax, fully reimbursing COUNTY for the COUNTY's collection and disbursement costs and expenses, as provided herein, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is mutually agreed as follows: 1. The sections of this Agreement which apply to each individual party to this Agreement become effective when approved by the governing bodies of each individual party. The convention development tax will be levied and imposed as of November 1, 1983. 2. This Agreement is in effect for as long as there shall be levied and imposed a convention development tax as authorized by Article IV, Chapter 29, Section 60, et seq. , of the Dade County Code, unless terminated as provided elsewhere within this Agreement. 3. For as long as COUNTY is a party to this Agreement, the formula for the allocation of collection and disbursement costs and expenses will be reviewed every five (5) years by the parties to this Agreement, commencing from the date of execution of this Agreement by the first two parties. COMMISSION MEETING OCT 19 )983 CITY OF MIAMI BEACH this Agreement) , MIAMI agrees to pay one-third (1/3) or (33.3%) of COUNTY's the percent -three and three ten or two percent thirty expenses,disbursement costs and P tax collection and went � convention develop (2°!.) of the amount of the total collected by COUNTY, whichever is less. c Department of COUNTY designates the State of FloridaP If the and disburse all or any 10' to collect Revenue or another agency tax, or if State Statues convention developmentof portion of the of the tax by State authorize the collectionand are amended to agency to collect Department of Revenue or another Florida nvention development tax, anyportion of the CO such disburse all or P in advance of will be modified then this Agreement of the affected the to reflectmutual consent designation parties. d COUNTY on the first day of each month agrees to forward to 11. BEACH g 'S estimated obligation to COUNTY for one-twelfth f th (1/12) of BEACH and expense. and disbursement costs COUNTY'S collection fiscal year, a the of each days of the end Within sixty (60) y and expenses will be costs the actual COUNTY an correction based on 1983-1984 fiscal year, Except for the provided by COUNTY. P be provided by pro � obligation will • o f the annual . estimate end of each fiscal est prior to the BEACH ninety (90) days COUNTY to estimate from the fiscal the estimate is provided, succeeding year. If no for the next succ in progress will be the estimatefiscal year, year the 1983-1984 -� the balance of fiscal year• For Twenty � estimated cost is y agree that COUNTY'S COUNTY and BEACH g per month. The first ($20,000) 100 Dollars the Thousand and n0/ COUNTY agrees that The November 1, 1983• payment is due percent (6%) of the Pam' exceed six estimated cost will not byand deposited totalcollected COUNTY' S estimate of revenue to be with COUNTY. first dayof each month COUNTY on the agrees to forward to to COUNTY for 12, MIAMI g � s estimated obligation • fth (1/12) of MIAMI ' s one-twelfth and expenses. Within and disbursement costs n COUNTY'S collectional year, a correction end of each fisc • . (60) days of thewill be provided sixty and expenses the actual COUNTY costs based on year, an estimate of fiscal for the 1983-1984 byCOUNTY. Except ninety byCOUNTY to MIAMI provided obligation will be the annual year. If no estimate end of each fiscal days prior to the in progress will (90) y the fiscal year ed the estimate from year. For the is provided, succeeding fiscal estimate for the next agree b e the year, COUNTY and MIAMI 1983-1984 fiscal y o 100 COMSSON of the Thousand and n /balance Twenty,, cost is estimateddue November MEE1 b but that COUNTY'S is per month. The first payment Dollars ($20,000) estimated cost will OCT �g agrees that the total 1983. The COUNTY afire � 1 , Ty s estimate of revenue t (6%) of the COUN six perc�n CITY OF MIAMI not exceed COUNTY• to be collected by and deposited with I • • 13. COUNTY agrees to assist both MIAMI and BEACH, if requested by formal resolution of their governing bodies, by the issuance of debt instruments which pledge the convention development tax revenues collected and disbursed pursuant to this Agreement. Such assistance does not include any COUNTY obligation, pledge, or allocation of any COUNTY revenue. 14. Each party agrees to permit authorized representatives of the other parties to this Agreement to inspect and audit all books, records, documents, and other supporting data and documentation relating to each party's performance under this Agreement. 15. For the purposes of this Agreement, COUNTY's collection and disbursement costs and expenses include direct salary and fringe benefits of COUNTY employees working on the collection, disbursement and enforcement of the convention development tax. Also included are overhead expenses and costs, which include but are not limited to mileage reimbursement, mileage expense, rent, utilities, equipment, printing, depreciation, accounting, legal fees, postage, insurance, supervisory time, forms, leases, office supplies, and charges by the State Department of Revenue for assistance to COUNTY in its performance of this Agreement. IN WITNESS WHEREOF, the parties having caused this Agreement to be executed by their respective and duly authorized officers. .t ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF RICHARD P. BRINKER, Clerk COUNTY COMMISSIONERS • By: • • By: Deputy Clerk - M. R. STIERHEIM (SEAL) County Manager ATTEST: CITY OF MIAMI BY ITS CITY COMMISSION • By: By: HOWARD GARY (SEAL) City Manager ATTEST: CITY OF MIAMI BEACH BY ITS CITY COMMISSION By: By: NORMAN C I MENT (SEAL) Mayor Approved' as to form and correctness: COMMISSIOi'j MEETING OCT 19 N83 4 CITY OF MIAMI RFAru ORIGINAL RESOLUTION NO. 83-17516 (Authorizing the Mayor to execute an In- terlocal Agreement with Metropolitian Dade County and the City of Miami for collection disbursement and costs relating thereto resulting from the three percent Dade County Convention Development Tax)