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2018-30186 ResolutionRESOLUTION NO. 2018 -30186 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ( "CITY "), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED HERETO, BY AND AMONG THE MIAMI -DADE COUNTY OFFICE OF THE PROPERTY APPRAISER ( "PROPERTY APPRAISER "), MIAMI -DADE COUNTY, FLORIDA, ON BEHALF OF THE MIAMI - DADE COUNTY TAX COLLECTOR ( "TAX COLLECTOR "), AND THE CITY REGARDING NON -AD VALOREM ASSESSMENTS FOR THE CONTINUED OPERATION OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has agreed to the transfer of the Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") from Miami -Dade County to the City pursuant to Resolution No. 2017- 30123; and WHEREAS, the City, as required by Section 197.3632 of the Florida Statutes, held a duly advertised public hearing and, pursuant to Resolution No. 2018 -30185 , approved the use of the uniform ad valorem method for collecting non -ad valorem assessments for the provision of the continued operation and maintenance of the Special Taxing District; and WHEREAS, pursuant to Section 197.3632 of the Florida Statutes, the City is required to enter into an intergovernmental agreement with the Property Appraiser and the Tax Collector for collection of the non -ad valorem assessments; and WHEREAS, it is in the best interest of the City to execute an interlocal agreement between the City, the Property Appraiser, and the Tax Collector and to enter into an intergovernmental cooperation agreement substantially in the form attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. That the foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. That the Mayor and City Commission hereby authorize the City Manager to execute an intergovernmental cooperation agreement with the Property Appraiser and Tax Collector substantially in the form attached hereto. SECTION 3. That this Resolution shall be effective upon passage and adoption. PASSED and ADOPTED this 14th da of February, 2018 ATTEST: ts Rafae E. Gra ado, City C erk Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & F R tXECUTION City Attorney `'" Dote Authorizing Execution of Interlocal Agreement re- Biscayne Point Special Taxing District,docx /VijAM BEACH Resolutions - R7 B COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: February 14, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ("CITY"), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED HERETO, BY AND AMONG THE MIAMI -DADE COUNTY OFFICE OF THE PROPERTY APPRAISER ( "PROPERTY APPRAISER "), MIAMI -DADE COUNTY, FLORIDA, ON BEHALF OF THE MIAMI - DADE COUNTY TAX COLLECTOR ( "TAX COLLECTOR "), AND THE CITY REGARDING NON -AD VALOREM ASSESSMENTS FOR THE CONTINUED OPERATION OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT; AND, PROVIDING FOR AN EFFECTIVE DATE. ANALYSIS This is a companion to Item R7A in the February 14, 2018 City Commission agenda and is to be considered following an approval of R7A, which is a Public Hearing on the City's intent to use the uniform ad valorem method for the collection of non -ad valorem assessments for the Biscayne Point Security Guard Special Taxing District (Special Taxing District). Pursuant to the passage of prior City of Miami Beach (City) and Miami -Dade County resolutions, the City has agreed to the transfer of control of the Special Taxing District from Miami -Dade County to the City. This Resolution authorizes the execution of an Intergovernmental Cooperation Agreement between the Miami -Dade County Property Appraiser, the Miami -Dade County Tax Collector, and the City to effectuate the collection of the non -ad valorem assessments to be adopted by the City for the continued operation and maintenance of the Special Taxing District including, but not limited to, the making of infrastructure and security improvements. Pursuant to the Interlocal Cooperation Agreement, the County Property Appraiser and Tax Collector agree to place the City's non -ad valorem assessments for the Special Taxing District on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069 of the Florida Statutes, and on the Combined Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments in accordance with Section 197.3635 of the Florida Statutes Legislative Tracking Office of the City Attorney Page 965 of 1270 ATTACHMENTS: Description o Resolution o Agreement Page 966 of 1270 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 , 2018, by and among the Miami -Dade County, Florida, Office of the 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 Point 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 Point Security Guard Special Taxing District, including but not limited to the making of infrastructure and security improvements on the Notice of Proposed Property Taxes as specified in Section 200.069, Florida Statutes ( "TRIM Notice "); and P'g't6806P1270 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 Point 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 14, 2018 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. PROSt&V1270 2. The Property Appraiser agrees to place the City's non -ad valorem assessments for the continued operation and maintenance of the Biscayne Point 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 Point 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. 6. Duration of this Agreement. This Agreement shall take effect upon signing and shall extend to the collection of special assessments for each PEO%hq 1270 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 PRO®19''PtP1270 every 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. P'N9cgf61270 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 ATTEST: State of Florida By: By: Rafael E. Granado, City Clerk Jimmy Morales, City Manager ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney '( 7577 MIAMI -DADE COUNTY, FLORIDA OFFICE OF THE PROPERTY APPRAISER By: Pedro J. Garcia Property Appraiser MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Harvey Ruvin Carlos A. Gimenez County Clerk Mayor Approved as to legal sufficiency for Miami -Dade County and the Office of the Property Appraiser: By: Assistant County Attorney F:WTTO \TURN\AGREEMENT \Intergovernmental Agreement Municipalities - City of Miami Beach - Biscayne Point.docx P g A2ffg270