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.
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ATTEST:
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CITY CLERK
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FORM APPROVED
LEGAL
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By
Date_
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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)