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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- i tan Dade County and the Ci ty of Miami for the collection and dispursement of the three percent Dade County Convention Devel- opment Tax1 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- poli tan Dade County and the Ci ty 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- tion1 and WHEREAS, the details of the attached contract are fa- miliar to the City Commission in Commission Memorandum No. 695- 831 and WHEREAS, the Ci ty Manager recommends the Ci ty enter into said agreement and the Ci ty Attorney has approved same as to form and legal sufficiencY1 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 Center1 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 . memora1ized to issue sufficient revenue bonds to cause the funding of the expanded Convention Center. PASSED AND ADOPTED this 19th day of October, 1983. ~.~""~ ~ ' l V E MAYOR ATTEST: A1A~.f~~ CITY CLERK CK:kt 10193A FORM APPROVED ByL~G~L~ (~ Oate~dLf/(5 -2- . r 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"). WIT N E SSE T 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 I, 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 ocr 19 I9lI3 CITY OF MIAMI BEACH .& COMMISSION MEn.NG OCT 19 .1!183 CI1Y OF MIAMI BEAcH this Agreement). MIAMI agrees to pay one-third (1/3) or thirty-three and three-tenths percent (33.3%) of COUNTY's collection and disburB~ment costs and expenses, or two percent (2%) of the amount of the total convention development tax collected by COUNTY, whichever is 1ess. 10. If the COUNTY designates the State of Florida Department of Revenue or another agency to collect and disburse all or any portion of the convention development tax. or if State Statues are amended to authorize the collection of the tax by State of Florida Department of Revenue or another agency to collect and disburse all or any portion of the convention development tax. then this Agreement will be modified in advance of such designation to reflect the mutual consent of the affected parties. 11. BEACH agrees to forward to COUNTY on the first day of each month one-twelfth (1/12) of BEACH's estimated obligation to COUNTY for the COUNTY's collection and disbursement costs and expense. Within sixty (60) days of the end of each fiscal year, a correction based on the actual COUNTY costs and expenses will be provided by COUNTY. Except for the 1983-1984 fiscal year, an estimate of the annual obligation will be provided by COUNTY to BEACH ninety (90) days prior to the end of each fiscal year. If no estimate is provided, the estimate from the fiscal year in progress will be the estimate for the next succeeding fiscal year. For the balance of the 1983-1984 fiscal year, COUNTY and BEACH agree that COUNTY's estimated cost is Twenty Thousand and no/lOO Dollars ($20,000) per month. The first payment is due November 1, 1983. The COUNTY agrees that the total estimated cost will not exceed six percent (6%) of the COUNTY's estimate of revenue to be collected by and deposited with COUNTY. 12. MIAMI agrees to forward to COUNTY on the first day of each month one-twelfth (1/12) of MIAMI's estimated obligation to COUNTY for COUNTY's collection and disbursement costs and expenses. Within sixty (60) days of the end of each fiscal year, a correction based on the actual COUNTY costs and expenses will be provided by COUNTY. Except for the 1983-1984 fiscal year, an estimate of the annual obligation will be provided by COUNTY to MIAMI ninety (90) days prior to the end of each fiscal year. If no estimate is provided, the estimate from the fiscal year in progress will be the estimate for the next succeeding fiscal year. For thE balance of the 1983-1984 fiscal year. COUNTY and MIAMI agrel that COUNTY's estimated cost is Twenty Thousand and nollOI Dollars ($20,000) per month. The first payment is due Novcmbe 1, 1983. The COUNTY agrees that the total estimated cost wil not exceed six percent (6%) of the COUNTY's estimate of reven~ to be collected by and deposited with COUNTY. ~ 13. COUNTY agrees to sssist both MIAMI snd BEACH, if requested by , r 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. .c RICHARD P. BRINKER, Clerk DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: By: By: M. R. STIERHEIM County Manager Deputy Clerk (SEAL) ATTEST: CITY OF MIAMI BY ITS CITY COMMISSION By: By: (SEAL) HOWARD GARY City Manager ATTEST: CITY OF MIAMI BEACH BY ITS CITY COMMISSION By: (SEAL) By: NORMAN CHIENT Mayor Approved' as to form and correctness: COMMISSION MEETING OCr 19 JS83 I. ~ nr- .......... _