Integovernmental Cooperation Agreement with Miami-Dade Property Appraiser and Miami-DadeTax-Collector 220_3iie
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 Acre.i ._ . , 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"): I
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.
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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 200.969,
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
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(7) 1
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
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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 thee.
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
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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.
(SAL)E '""" THE CITY OF MIAMI BEACH,( Di'''% .FLORIDA
°
'%.'iHco&PoititlEo A municipal corporatio. of the
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ATTEST: �',,y. :.;��� State of Florida
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By: / 1J4
�11W ZtlZc! By: -J■•�
g-Pren . C a- -Pr a CM J:1� 1Vl�y �.alC2�.Y�7,�L►U�� Q,r
(name and title) (name and title)
Approved as to form and
Ian uage a fo'execution
Ar za MIAMI-DADE COUNTY, FLORIDA
City Attorney NX—Date OFFICE.OF THE PROPERTY APPRAISER
By:
Pedro J. Garcia
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MIAMI,DADS COON'T>Y, FLORIDA , ^, >' '
PROPERTY APP 1S r
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Pedro J,Garciat : . r «.- K
Property.Appraiser it•a }
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MIAMIjDADE COUNTY, Ft_ORiDAr ` > 3
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'BY ITS BOARD OF COUNTY'. i ;Y `
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' •COMMISSIONERS - ,
ATTEST ?
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Waruey Ruvin _. w ��®•=` By.•
Carlos•
A.:.Gimenez
Coin lerk' i --,tv``% Zi • `
tY m e Miamr Dade Couniy ay . . I •
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Approved a to legs su ,cienc}y for Miami Dade County.,and the Officeyo
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