Intergovernmental Cooperating Agreement with Miami-Dade County 2 oto -311g�
INTERGOVERNMENTAL COOPERATION AGREEMENT
BY AND AMONG
MIAMI-DADE COUNTY PROPERTY APPRAISER
AND
MIAMI-DADE COUNTY TAX COLLECTOR
AND
CITY OF MIAMI BEACH
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the
"Agreement") is made and entered into as of the day of
2020, by and among the Miami-Dade County, Florida, Office of thel Property Appraiser
(hereinafter referred to as "Property Appraiser"), Miami-Dade County, Florida, on behalf
of the Tax Collector for Miami-Dade County (hereinafter referred to as "Tax Collector"),
and the City of Miami Beach, Florida (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the City intends to adopt non-ad valorem assessments for the
provision of the continued operation and maintenance of the Biscayne Beach Security
Guard Special Taxing District, including but not limited to the making of infrastructure and
security improvements within the City of Miami Beach; and
WHEREAS, the City intends to utilize the uniform method of collection, as outlined
in Sections 197.3632 and 197.3635, Florida Statutes,for collecting the above-referenced
non-ad valorem assessments for the aforementioned services; and
WHEREAS, the City has requested that the Property Appraiser include its adopted
non-ad valorem assessments for the provision of the continued operation and
maintenance of the Biscayne Beach Security Guard Special Taxing District, including but
not limited to the making of infrastructure and security improvements on the Notice of
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Proposed Property Taxes as specified in Section 200.069, Florida Statutes ("TRIM
Notice"); and
WHEREAS, the City has requested that the Tax Collector include its adopted non-
ad valorem assessments of the continued operation and maintenance of the Biscayne
Beach Security Guard Special Taxing District, including but not limited to the making of
infrastructure and security improvements on the Combined Notice of Ad Valorem and
Non-Ad Valorem Assessments provided for in Section 197.3635, Florida Statutes; and
WHEREAS, pursuant to Section 197.3632, Florida Statutes, the City, the Property
Appraiser, and the Tax Collector must enter into a written agreement evidencing the
Property Appraiser's and the Tax Collector's agreement to place the City's herein
specified non-ad valorem assessments on the TRIM Notice and tax bill; and
WHEREAS, the City represents that it has duly complied with the Notice provisions
and adopted Resolution No. on February 12, 2020 in compliance with the
required resolution set forth in Section 197.3632 Florida Statutes, so as to entitle the City
to utilize the non-ad valorem method of collection, and the Tax Collector and Property
Appraiser have relied on these representations, and
NOW, THEREFORE, for good and valuable consideration and intending to be
legally bound hereby, the City, the Property Appraiser, and the Tax Collector agree as
follows:
1. The City, Property Appraiser, and Tax Collector shall abide by all statutes,
rules, and regulations pertaining to the levy and collection of non-ad
valorem assessments, including the provisions of Sections 197.3632 and
197.3635, Florida Statutes, as amended, and any applicable rules duly
promulgated by the Department of Revenue.
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2. The Property Appraiser agrees to place the City's non-ad valorem
assessments for the continued operation and maintenance of the Biscayne
Beach Security Guard Special Taxing District, including but not limited to
the making of infrastructure and security improvements within the City of
Miami Beach on the Notice of Proposed Property Taxes and Proposed or
Adopted Non-Ad Valorem Assessments prepared in accordance with
Section 200.069, Florida Statutes.
3. The Tax Collector agrees to the City's request to place its adopted non-ad
valorem assessments for the continued operation and maintenance of the
Biscayne Beach Security Guard Special Taxing District, including but not
limited to the making of infrastructure and security improvements within the
City of Miami Beach on the Combined Notice of Ad Valorem Taxes and
Non-Ad Valorem Assessments in accordance with Section 197.3635,
Florida Statutes.
4. The City agrees that all certified assessment rolls will be maintained and
transmitted to the Property Appraiser and the Tax Collector on compatible
electronic medium as defined in Section 197.3632(1), Florida Statutes.
5. The City agrees that, in consideration for services herein agreed to be
performed by the Tax Collector, the Tax Collector shall be entitled to retain,
in the Tax Collector's sole discretion, the actual costs of collection not to
exceed two percent (2%) on the amount of special assessments collected
and remitted.
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6. Duration of this Agreement.This Agreement shall take effect upon signing
and shall extend to the collection of special assessments for each fiscal
year thereafter until canceled by any Party pursuant to Section 10 herein.
7. Severability of the Provisions in this Agreement. The provisions in this
Agreement, except for Section 4, are intended to be severable. If any
provision of this Agreement shall be held to be invalid or unenforceable in
whole or in part, such provision shall be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity or
enforceability of the remaining provisions of this Agreement.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
9. Amendments or Modifications of this Agreement. It is anticipated by the
parties that the terms and conditions of this Agreement will be periodically
amended or modified. Such amendments or modifications must be in writing
and must be duly executed by all parties to this Agreement.
10. Terms and Cancellation. The Term of this Agreement shall commence
upon the date first above written and shall run through the end of the
calendar year and shall automatically be renewed thereafter, for successive
terms, not to exceed one year each. Any party may cancel this Agreement
at the end of the term upon written notice to the other parties prior to the
end of the term.
11. Intent to be Legally Bound. By signing this Agreement, the Parties hereto
confirm and state that they have carefully read this Agreement, that they
know the contents hereof, that they fully expect to carry out each and every
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provision, and that they intend to be legally bound by the rights and
obligations set forth herein.
12. Indemnification and Hold Harmless The City shall indemnify and hold
harmless, to the extent permitted by Florida law and without waiving its right
of sovereign immunity , the Property Appraiser, Tax Collector, and their
respective officers, employees, agents and Instrumentalities from any and
all liability, losses or damages, including attorneys' fees and costs of
defense, which the Property Appraiser, Tax Collector or their respective
officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or
nature arising out of, relating to or resulting from the negligent or intentional
acts or omissions of the City or its employees, agents, servants, partners,
principals, or subcontractors arising out of, relating to, or resulting from the
performance of this Agreement. The City shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the Property Appraiser or Tax
Collector where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorneys' fees which may issue thereon.
13. Headings. The headings for each paragraph in this Agreement are for the
purposes of reference only and shall not limit or otherwise affect the
meaning of any provision.
14. Complete Agreement. This Agreement shall represent the complete
agreement of the Parties. •
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IN WITNESS WHEREOF, the Parties hereto execute this Agreement, and they
affirm that they have the power to do so on behalf of the City, the Tax Collector, and the
Property Appraiser.
CITY OF MIAMI BEACH, FLORIDA
A municipal corporation of the
State of Florida
ATTEST:
By: ° -t/Lc4 ! By: 111.1
Rafael E. Gr nado, City Clerk Ji my L. orales, City Manager
',0 MIAMI-DA'iE COUNTY, FLORIDA
APPROVED AS TO ¢:'. :,i ':OFFICE OF THE PROPERTY APPRAISER
FORM & LANGUAGE t� CJ &')'i,:�
& FOR EXECUTION f
By.
City Attorney Date Pedro J. Garcia, Property Appraiser
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By: By:
Harvey Ruvin, County Clerk Carlos A. Gimenez, Mayor
Approved as to legal sufficiency for Miami-Dade County and the Office of the Property
Appraiser:
By:
Assistant County Attorney
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