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Intergovernmental Cooperation Agreement with MDC Property Appraiser and Tax Collector X20 —3 (Ica INTERGOVERNMENTAL COOPERATION AGREEMENT BY AND AMONG MIAMI-DADE COUNTY PROPERTY APPRAISER AND MIAMI —DADE COUNTY TAX COLLECTOR AND THE CITY OF MIAMI BEACH THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is made and entered into as of the I `{ day of _ 'PrtIL- , 2020, by and among Miami-Dade County Office of the Property Appraiser (hereinafter referred to as ("Property Appraiser"), Florida, Miami-Dade County on behalf of the Tax Collector (hereinafter referred to as "Tax Collector"), Florida, and the City of Miami Beach, Florida (hereinafter referred to as "City"), as the governing body the following 2 Special Taxing Districts (hereinafter collectively referred to as "Districts"): 1. Allison Island Security Guard District 2. Biscayne Beach Security Guard District WITNESSETH: WHEREAS, the City intends to adopt non-ad valorem assessments or special assessments for operation and maintenance within the Districts, which are located 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 special assessments for the aforementioned services; and WHEREAS, the City has requested that the Property Appraiser include its adopted non-ad valorem assessments for operation and maintenance on the Notice of 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 for operation and maintenance on the Combined Notice of Ad Page 1 of 6 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 specified non- ad valorem assessments for the Districts on the TRIM Notice and tax bill; and WHEREAS, the City represents that it has duly complied with the Notice provisions and adopted Resolutions 2020-31176 and 2020-31177 in compliance with the required resolutions 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, 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, 197,3635, • Florida Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue. 2. The Property Appraiser agrees to place the City's non-ad valorem assessments for operation and maintenance within the Districts 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 operation and maintenance within the Districts on Page 2 of 6 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 for each of the Districts 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 for each District, 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 of the Districts 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 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 Page 3 of 6 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 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 the Agreement. The City shall pay all claims and losses in Page 4 of 6 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 document shall represent the complete agreement of the parties. 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. (S EA L) -- ;�" 'Eye THE CITY OF MIAMI BEACH, FLORIDA A municipal corporatio of the ATTEST: State of Florida „cH26 - By: - kimi egri-c.t By: 1Z-0,-en G rt.n-Ms-CM ln1lMARALC&I((yaw, (name and title) (name and title) Approved as to form and language a focexecution MIAMI-DADE COUNTY, FLORIDA City Attorney k) —• Date OFFICE OF THE PROPERTY APPRAISER By: Pedro J. Garcia Page 5 of 6 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 Page 6 of 6