Loading...
HomeMy WebLinkAboutR-83-0884J-83-939 RESOLUTION NO. 83-884 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY AND MIAMI BEACH TO PROVIDE FOR THE COLLECTION AND DISTRI- BUTION OF A CONVENTION DEVELOPMENT TAX TO BE DISTRIBUTED TO A CITY OF MIAMI AUTHOR- ITY AND A CITY or MIAMI BEACH AUTIORITY ACCORDING TO THE TE WIS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT AND DIRECTING THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO REIMBURSE THE CITY FOR ANY COSTS INCURRED UNDER THE AGREEMENT. WHEREAS, the 1983 Florida Legislature has authorized Dade County to levy a 3% Convention Development Tax pursuant to Section 212.056 F.S.(1983) on certain types of accomoda- tions; and WHEREAS, pursuant to Section 212.057(1) F.S. the Dade County enacted Ordinance 83-91, levying a 3% Convention Devel- opment Tax; and WHEREAS, the Commission enacted Ordinance No.9662 adopting Chapter 52.6 of the Code of the City of Miami esta- blishing a Pliami Sports and Exhibition Authority; and WHEREAS, by Resolution 83-878 the Commission appointed a Chairman and seven Members of the Miami Sports and Exhibition Authority: and WHEREAS, pursuant to Dade County Ordinance 83-91 the collection of the tax shall commence when the Ordinance be- comes effective upon approval by the County Commission of an Agreement between Dade County and Cities of Miami and Miami Beach; and WHEREAS, the City desires to implement an Agreement to commence the collection of the Convention Development Tax. NOW, THEREFORE, BE IT RESOLVED BY ZHE CCYIMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to CITY COM11117:;::aiVt� n OCT 9-5 1233 SOLUTiQtj . 93--8S4 iEWARKS: �� execute in su1Ds+-anti_ally the form attached hereto an Interlocal Agreement with Metropolitan Dade County and the City of I4iami Beach for the collection of the 3 o Convention Development Tax. Section 2. The Miami Sports and Exhibition Authority is hereby directed to pay any and all expenses of collection that the City is obligated to pay under the attached Agreement from proceeds of the 3% Convention Development Tax. PASSED AND ADOPTED this 25 day of October , 1.3 83. _Matirice A. }-erne MAURICE A. FERRE Ma yor ATTEST: RAL ' G. ONGIE ty Clerk PREPARED AND APPROVED BY: ROBERT N. SECHEN Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: c / OSF. GARCIA-PEDROSA City Attorney 83•-884 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"). 0. WITNESSETH: 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 UliEREAS, 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 1 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, _ .. t 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 Y, 1983. 2. This Agreement is in effect for as long as there shall be levied and imposed a convention development tax as authorized by t 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. %r Y • •. a A 4. Pursuant to Section 29-61 of the Dade County Code, BEACH is hereby declared the designated agent for the collection of, and agrees to collect, the convention development tax from those persons or entities subject to the convention development tax within the municipal boundaries of BEACH until such time as COUNTY, at its sole discretion, may designate, in writing, a successor agent. BEACH agrees to remit one hundred percent (100%) of the convention development tax collected by BEACH to COUNTY, pursuant to the procedures stipulated in Section 29-62 of the Dade County Code. 5. COUNTY agrees to collect the convention development tax from those persons or entities subject to the convention development tax within the boundaries of Dade County, except for: a. BEACH, as long as BEACH is designated to collect such tax by COUNTY; b. those municipalities authorized by Section 29-60(D) of the Dade County Code, which adopt a resolution prohibiting the ' levy of the convention development tax within such municipality; 6. For as long as both BEACH and COUNTY collect all or any portion of the convention development tax, BEACH agrees to pay one-half (1/2) or fifty percent (50%) of the COUNTY's collection and disbursement costs and expenses, or three percent (37.) of the amount of the total convention development tax collected by and deposited with COUNTY, whichever is less. 7. For as long as both BEACH and COUNTY collect all or any portion of the convention development tax, MIAMI agrees to pay one-half (1/2) or fifty percent (50Y) of the COUNTY's collection and disbursement costs and expenses, or three percent (3%) of the amount of the total convention development tax collected by and deposited with COUNTY, whichever is less. 8. If COUNTY collects the convention development tax from all h persons or entities subject to the convention development tax throughout the COUNTY (except as provided in Section 5(b) of this Agreement), BEACH agrees to pay two-thirds (2/3) or sixty-six and seven -tenths percent (66.7%) of COUNTY's collection and disbursement costs and expenses, or four percent (4%) of the amount of the total convention development tax collected by COUNTY, whichever is less. 9. If COUNTY collects the convention development tax from all persons or entities subject to the convention development tax throughout the COUNTY (except as provided in Section 5(b) of t V. 2 83-884 ., . this Agreement), MIAMI agrees to pay one-third (1/3) or thirty-three and three -tenths percent (33.3i:) of COUNTY's collection and disbursement costs and expenses, or two percent (2%) of the amount of the total convention development tax collected by COUNTY, whichever is less. 10. If the COUNTY designates the State of Florida Department of Revenue or another agency to collect and disburse all or any , i 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. 1 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/100 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 at)d expenses will be provided by COUNTY. Except for the 1983-1984 fiscal year, an estimate oft 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 agree that COUNTY's estimated cost is Twenty Thousand and no/100 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 COL;CTY's estimate of revenue to be collected by and deposited with COUNTY. 3 83-S84 13. COUNTY agree 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 COUtiTY obligation, pledge, or allocation of any COUNTY revenue. 14. Each party agrees to perm.it 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 StateDepartmentof 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. ATTEST: RICHARD P. BRINKER, Clerk By: Deputy Clerk (SEAL) ATTEST: By: (SEAL) ATTEST: By: (SEAL) Approved as to form and correctness: DADE COL'NTY, FLORIDA BY ITS BOARD OF COUNTY CO*TISSIONERS By: M. R. STIERHEIM County Manager CITY OF MIAMI BY ITS CITY C=4ISSION By: HOWARD GARY City Manager CITY OF MIAMI BEACH BY ITS CITY COMMISSION By: NORMAN CIMENT Mayor 4 83--884 �ITY OF 7.IAMI, FLORIDA �ONTER-OFFICE IMEMORANDUM , T` Howard V. Gary City Manager -Rn%1 Rick Horrow MH Special Assistant to the City Manager -''�F October 25, 1983 "E Resolution Authorizing the City Manager to Enter into an Interlocal Agreement FI EFE RENCE5 ENCLOSURE5. It is recommended that the City Coi-m-nission approve the attached Resolution authorizing the City Manager to enter into an Interlocal Agreement with Dade County and Miami Beach to provide for the collection and distribution of the Convention Development Tax and directing the Miami Sports and Exhibition Authoritv to reimburse the City for any costs incurred under this Agreement. On July 28, 1983, the City Commission unanimously approved an Ordinance creating the Miami Sports and Exhibition Authority. (Chapter 52.6 of the City Code). On October 4, 1983, pursuant to Section 212.057(1) F.S., the Dade County Commission enacted Ordinance 83-91, levying a 3 percent Convention Development Tax. The collection of the.tax shall commence when the Ordinance becomes effective upon approval by the Dade Countv Commission of an Agreement between Dade County and the Cities of Miami and Miami Beach. On October 18, 1983, the Miami Sports and Exhibition Authority conceptually approved the Agreement, and recommended that the City Commission approve the attached resolution authorizing the City Manager to execute the agreement in essentially the same form attached hereto. The Agreement provides that each entity (Miami and Miami Beach) compensate the County for 'its costs incurred in the collection and disbursement of the Convention Development Tax based upon actual expenses and a cap based upon a percentage which the State Department of Revenue would normally assess for the similar service. The Resolution also provides that the Miami Sports and Exhibition Authority is directed to pay any and all expenses of collection that the City is obligated to pay under the Agreement.