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HomeMy WebLinkAboutExhibit 3INTERGOVERNMENTAL COOPERATION AGREEMENT By and Among MIAMI-DADE COUNTY AND CITY OF MIAMI THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is made and entered into as of the day of , 2010, by and among Miami -Dade County on behalf of the Tax Collector (hereinafter referred to as "Tax Collector"), Florida, Miami -Dade County Office of the Property Appraiser (hereinafter referred to as "Property Appraiser"), and City of Miami (hereinafter referred to as City") WITNESSETH: WHEREAS, the City, after approval of the majority of the affected property owners, has adopted a non -ad valorem special assessment within the Coconut Grove Business Improvement District ("BID") for the purpose of stabilizing and improving the BID area through promotion, management, marketing and other similar services ("Services"); 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 BID Services; and WHEREAS, the City has requested that the Property Appraiser and Tax Collector include its adopted non -ad valorem assessments for the Services on the Notice of Proposed Property Taxes as specified in Section 200.069, Florida Statutes, and on the Combined Notice of Ad Valorem and Non -Ad Valorem Assessments provided for in Section 197.3635 Florida Statutes; and . V10 '_�f � 1- 3 5-9 Page 1 of 4 WHEREAS, the City has duly complied with the Notice provisions and adopted 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. NOW, THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, the County Tax Collector, Property Appraiser and the City agree as follows: 1. The Property Appraiser agrees to place the City's non -ad valorem assessments for the Services on the Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments prepared in accordance with Section 200.069, Florida Statutes. 2. The Tax Collector agrees to the City's request to place its adopted non -ad valorem assessments for the Services on the Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments in accordance with Section 197.3635, Florida Statutes. 3. The City agrees that all certified assessment rolls will be maintained and transmitted to the Property Appraiser and Tax Collector on compatible electronic medium as defined in Section 197.3632(1), Florida Statutes. 4. The City, Property Appraiser and Tax Collector agree that, in consideration for services herein agreed to be performed by the Property Appraiser and Tax Collector, the Property Appraiser and Tax Collector shall be entitled to retain the actual costs of collection, not to exceed two percent (2%) on the amount of special assessments collected and remitted. Page 2 of 4 5. Duration of this Agreement. This Agreement shall take effect upon signing and shall extend to the collection of special assessments until canceled by either party pursuant to Section 8 herein. 6. Severability of the Provisions in this Agreement. The provisions in this Agreement, except for Section 3, 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. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Amendments or Modifications of this Agreement. It is anticipated by the parties that the terms and conditions of this Agreement will be periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all parties to this Agreement. 9. Cancellation. This Agreement may be canceled by either party upon thirty (30) days written notice to the other party. 10. Binding Effect. This Agreement shall be binding upon and enforceable against any successors of each respective party, including but not limited to successive City Managers, County Managers, Property Appraisers, City Commissioners, Council Members and County Commissioners. 11. Intent to be Legally Bound. By signing this Agreement, the parties hereto confirm and state that they have carefully read this Agreement, that Page 3 of 4 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. 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. 13. 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 and the County. ATTEST: Priscilla A. Thompson City Clerk Approved as to form and correctness: LIM Julie O. Bru, City Attorney ATTEST: A Harvey Ruvin, County Clerk Approved as to legal sufficiency: City of Miami A municipal Corporation of the State of Florida Pedro G. Hernandez City Manager Miami -Dade County Office of the Property Appraiser Pedro J. Garcia Property Appraiser Miami -Dade County, Florida By Its Board of County Commissioners By: By: Assistant County Attorney Page 4 of 4 George M. Burgess County Manager