83-17516
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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-
i tan Dade County and the Ci ty of Miami for the collection and
dispursement of the three percent Dade County Convention Devel-
opment Tax1 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-
poli tan Dade County and the Ci ty 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-
tion1 and
WHEREAS, the details of the attached contract are fa-
miliar to the City Commission in Commission Memorandum No. 695-
831 and
WHEREAS, the Ci ty Manager recommends the Ci ty enter
into said agreement and the Ci ty Attorney has approved same as
to form and legal sufficiencY1 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 Center1
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
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memora1ized 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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l V E MAYOR
ATTEST:
A1A~.f~~
CITY CLERK
CK:kt
10193A
FORM APPROVED
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INTERLOCAL AGREEMENT
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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").
WIT N E SSE T 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,
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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 I,
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
ocr 19 I9lI3
CITY OF MIAMI BEACH
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COMMISSION
MEn.NG
OCT 19 .1!183
CI1Y OF MIAMI BEAcH
this Agreement). MIAMI agrees to pay one-third (1/3) or
thirty-three and three-tenths percent (33.3%) of COUNTY's
collection and disburB~ment costs and expenses, or two percent
(2%) of the amount of the total convention development tax
collected by COUNTY, whichever is 1ess.
10. If the COUNTY designates the State of Florida Department of
Revenue or another agency to collect and disburse all or any
portion of the convention development tax. or if State Statues
are amended to authorize the collection of the tax by State of
Florida Department of Revenue or another agency to collect and
disburse all or any portion of the convention development tax.
then this Agreement will be modified in advance of such
designation to reflect the mutual consent of the affected
parties.
11. BEACH agrees to forward to COUNTY on the first day of each month
one-twelfth (1/12) of BEACH's estimated obligation to COUNTY for
the COUNTY's collection and disbursement costs and expense.
Within sixty (60) days of the end of each fiscal year, a
correction based on the actual COUNTY costs and expenses will be
provided by COUNTY. Except for the 1983-1984 fiscal year, an
estimate of the annual obligation will be provided by
COUNTY to BEACH ninety (90) days prior to the end of each fiscal
year. If no estimate is provided, the estimate from the fiscal
year in progress will be the estimate for the next succeeding
fiscal year. For the balance of the 1983-1984 fiscal year,
COUNTY and BEACH agree that COUNTY's estimated cost is Twenty
Thousand and no/lOO Dollars ($20,000) per month. The first
payment is due November 1, 1983. The COUNTY agrees that the
total estimated cost will not exceed six percent (6%) of the
COUNTY's estimate of revenue to be collected by and deposited
with COUNTY.
12.
MIAMI agrees to forward to COUNTY on the first day of each month
one-twelfth (1/12) of MIAMI's estimated obligation to COUNTY for
COUNTY's collection and disbursement costs and expenses. Within
sixty (60) days of the end of each fiscal year, a correction
based on the actual COUNTY costs and expenses will be provided
by COUNTY. Except for the 1983-1984 fiscal year, an estimate of
the annual obligation will be provided by COUNTY to MIAMI ninety
(90) days prior to the end of each fiscal year. If no estimate
is provided, the estimate from the fiscal year in progress will
be the estimate for the next succeeding fiscal year. For thE
balance of the 1983-1984 fiscal year. COUNTY and MIAMI agrel
that COUNTY's estimated cost is Twenty Thousand and nollOI
Dollars ($20,000) per month. The first payment is due Novcmbe
1, 1983. The COUNTY agrees that the total estimated cost wil
not exceed six percent (6%) of the COUNTY's estimate of reven~
to be collected by and deposited with COUNTY.
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13. COUNTY agrees to sssist both MIAMI snd BEACH, if requested by
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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.
.c
RICHARD P. BRINKER, Clerk
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
ATTEST:
By:
By:
M. R. STIERHEIM
County Manager
Deputy Clerk
(SEAL)
ATTEST:
CITY OF MIAMI
BY ITS CITY COMMISSION
By:
By:
(SEAL)
HOWARD GARY
City Manager
ATTEST:
CITY OF MIAMI BEACH
BY ITS CITY COMMISSION
By:
(SEAL)
By:
NORMAN CHIENT
Mayor
Approved' as to form and
correctness:
COMMISSION
MEETING
OCr 19 JS83
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