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INTERGOVERNMENTAL COOPERATION AGREEMENT
By and Among
MIAMI-DADE COUNTY PROPERTY APPRAISER
AND
MIAMI-DADE COUNTY TAX COLLECTOR
AND
CITY OF MIAMI
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the
"Agreement") is made and entered into as of the da
, 2014, by
and among Miami -Dade County Office at eProperty Appraiser,(hereinafter referred to
as "Property Appraiser"), Florida, Miami -Dade County on behalf of the NTax Collector
(hereinafter referred to "Tax Collector"), Florin
(hereinafter referred to as "City").
WHEREASthe City, pursuant to Cit
d the City of Miami, Florida
mmission No. 13-0293, adopted July
25, 2013, has adopted a non -ad valorem special assessment within the Wynwood
Business Improvement District ("Wynwood BID") for the cost of providing supplemental
services including, but not limited to, additional garbage and trash collections, street and
sidewalk: sweeping, graffiti removal, police coverage and security, sidewalk repairs,
streetscape improvements, safety and security lighting and maintenance, parking,
signage, community, tourism and commerce promotion efforts (collectively, the
"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 Services; and
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WHEREAS, the City has requested that the Property Appraiser include its
adopted non -ad valorem assessments for the cost of providing the Services to properties
within the Wynwood BID area 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 the cost of providing the Services to properties within
the Wynwood BID area on the Combined Notice,; of Ad Valorem and Non -Ad Valorem
Assessments provided for in Section 197.3635 Florida Statutes; and
WHEREAS, pursuant to Section 97.3632, 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 agreements to place the City's herein
specified non -ad valorem assessments on the TRIM Notice and:the tax bill; and
WHEREAS, the City;; represents;
provisions and adopted Resolution No.
has duly complied with the Notice
on February 27, 2014, in
resolution 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,:. the Property Appraiser have relied upon those representations.
NOW, THEREFORE, for good and valuable consideration, and intending to be
legally bound hereby, the, Property Appraiser, the Tax Collector, and the City agree as
follows:
1. The City , the Property Appraiser, and the 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 and 197.3635,
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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 the cost of providing the Services to properties within the
Wynwood BID area 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 place
adopted non -ad valorem assessment
properties within the Wynwwpod BID area on
tty's request to place its
or the cost of providing the Services to
ombined Notice 'Of Ad Valorem
Taxes and Non -Ad Valorem Ssessments in accordance with Section 197.3635,
Florida Statutes.
4. The City;.: agrees that all cent
sessme
rolls will be maintained and
transmitted to .the Property Appraiser and to the Tax Collector on compatible
electronic medium as defined in Section 197.3632(1), Florida Statutes.
The City agrees that,
n consideration for services herein agreed to be
performed by the Tax Collector, the Tax Collector shall be entitled to retain, in
the Tax Collector's sole discretion, the actual costs of collection, not to exceed
two percent
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 until canceled by
either party pursuant to Section 9 herein.
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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. (NOTE to ALL: This Section 7 Severability was
in the Green Corridor example sent by Property Appraiser's Office and also in
the City's 2009 Coconut Grove BID Intergovernmental Cooperation
Agreement, and the City requests to please keep this section in.)
Governing Law. This Agreement s
accordance with the laws of the State of Florida. Any dispute with respect to
this Agreement is subject to the laws of the Stateyeof Florida with venue in
overned by and construed in
Miami -Dade County. Each party shall be responsible for its own attorneys'
fees and costs incurred as a result of any action proceeding under this
ALL: The last two sentences of this Section 8
the . City's 2009 Coconut Grove BID
Intergovernmental Cooperation Agreement, and the City requests to please
keep these two sentences in.)
9. 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.
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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.
10. Mutual indemnification and Hold Harmless To the extent permitted by
Florida law and without waiving their respective rights of sovereign immunity,
the City, the Property Appraiser, and the Tax Collector shall each indemnify
and hold 'harmless the others, and their respectiveofficers, employees, agents,
and instrumentalities from any and all liabilities, losses or damages, including
w to e s ees--an is ee or -defence which the City, the Property Appraiser,
the 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
negligent or intentional acts of or omissions of the City, the
Property Appraiser, the Tax Collector, or their respective officers, employees,
agents, or instrumentalities arising out of;, relating to or resulting from the
performance of the
Agreement. The City, the Property Appraiser, and/or the
Tax Collector, ' as applicable, shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any
kind or nature in the name of the City, the Property Appraiser, and/or the Tax
Collector, as and where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorneys' fees which may issue thereon.
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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. Headings. The headings for each paragraph in sthis Agreement are for the
purposes of reference only and shall not limit or otherwise affect the meaning
of any provision.
13. Public Records. By signing this Agreement, the parties hereto confirm that
they shall comply, as applicable, with .the provisions of Section 119.0701,
Florida Statutes, entitled "Contracts: public records". (Note to All: This is a
new statutory update from summer 2013 legislative actions).
14. Complete Agreement. This docu
of the parties..
shall" represent the complete agreement
IN WITNESS WHEREOF, the Parties hereto execute this Agreement, and they
affirm that they have
Property Appraiser.
power to do so on behalf of the City, the Tax Collector, and the
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ATTEST:
City of Miami
A municipal corporation of the
State of Florida
By: By:
Todd B. Hannon
City Clerk
Johnny Martinez
City Manager
Approved as to form and correctness: Approved as to Insurance Requirements:
By: By:
Victoria Mendez, City Attorney Calvin Ellis, Risk Management Director
.._,. _............._.....
ATTEST:
By:
Harvey Ruvin, County Clerk
Assistant County Attorney
.Miami -Dade County
Office of the Property Appraiser
By:
LazaroSolis
ctirg Property Appraiser
Miami -Dade County, Florida
By Its;., Board of County
ommissioners
Carlos A. Gimenez
County Mayor
Approved as to legal sufficiency for Miami -Dade County and the Office of the Property
Appraiser:
By:
Assistant County Attorney
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