Intergovernmental Cooperation Agreement by and among Miami -Dde Appraiser and Miami -Dade County TaX Cllector and City of Miami Beach 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
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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.
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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 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
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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
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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.
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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. 9�e
Net
CITY OF MIAMI BEACH, FLORIDA
A municipal corporation of the
ATTEST: State • Florida
BE
By: s t, ....... .. q By: 1t.
`afael E.�'r` ado�CtCc1Br, vC. `Jimmy orales, City Manager
APPROVED AS TO
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FORM & LANGUAGE
&FOR EcECUTION
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City Attorney I{ Dote
MIAMI-DADE COUNTY, FLORIDA
OFFICE OF THE PROPERTY APPRAISER
By:
Pedro J. Garcia
Property Appraiser
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
ATTEST: 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
FaATTO\TURNWGREEMENT\Intergovernmental Agreement Municipalities-City of Miami Beach-Biscayne Point docx
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