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Home My Public Portal About2020-69 Aproving an intergovernmental agreement with MDC Property Appraiser re Stormwater Utility and Solid Waste and RecyclingRESOLUTION NO. 2O2O-69 A RESOLUTION OF THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT BY AND AMONG THE MIAMI.DADE COTINTY PROPERTY APPRAISER AI\D TIIE MIANtr-DADE COI]NTY TAX COLLECTOR FOR THE UTILIZATION OF TIIE UNIFORM METHOD OF TAX COLLECTION FOR NON-AD VALOREM SPECIAL ASSESSMENTS RELATING TO STORMWATER UTILITY AND SOLID WASTE AND RECYCLING FEES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, on December 8, 2020, the Village of Key Biscayne (the "Village") adopted Resolution Nos. 2020-67 and2020-68 electing to use the uniform method of collecting non-ad valorem special assessments for the purpose of collecting stormwater utility fees and solid waste and recycling fees, respectively, within the incorporated areas of the Village, as authorized by Section 197.3632, Florida Statutes, commencing for the Fiscal Year beginning October 1,2021 and continuing until discontinued by the Village; and WHEREAS, pursuant to Section 197.3632, Florida Statutes, the Village, the Miami-Dade County Property Appraiser, and Miami-Dade County Tax Collector must enter into a written agreement evidencing the Property Appraiser's and Tax Collector's agreement to place the Village's specified non-ad valorem special assessments on the Trim Notice and tax bills; and WHEREAS, the Village Council finds that approval ofthe Intergovernmental Cooperation Agreement in substantially the form attached hereto as Exhibit "A" (the "Agreement") is necessary for the utilization of the uniform method of collection of non-ad valorem assessments on the Trim Notice and tax bills; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREF'ORE, BE IT RESOLVED BY THE VTLLAGE COUNCIL OF TIrE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Anproval. That the Village Council approves the Agreement with the County in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to execute the Agreement with the County, in substantially the form attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED andADOPTED this _8th_day of December .2020. 'ptZ MICHAEL W. DAVEY MAYOR ATTEST: \.t-o-{r-^ 13. lc-".n- JOCELYN n. (pcH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY:tu WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page2 of2 INTERGOVERNMENTAL COOPERATION AGREEMENT BY AND AMONG MIAMI.DADE COUNTY PROPERTY APPRAISER AND MIAMI -DADE COUNTY TAX COLLECTOR AND THE VILLAGE OF KEY BISCAYNE THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is made and entered into as of the l.oE aay s1 JpturtRT , 2021,by t 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 Village of Key Biscayne, Florida (hereinafter referred to as "Village"). WITNESSETH: WHEREAS, the Village intends to adopt non-ad valorem assessments or special assessments for stormwater and solid waste fees within the Village of Key Biscayne; and WHEREAS, the Village 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 Village has requested that the Property Appraiser include its adopted non-ad valorem assessments for stormwater and solid waste fees on the Notice of Proposed Property Taxes as specified in Section 200.069, Florida Statutes ("TRlM Notice"); and WHEREAS, the Village has requested that the Tax Collector include its adopted non-ad valorem assessments for stormwater and solid waste fees on the Combined Notice of Ad Valorem and Non-Ad Valorem Assessments provided for in Section 197.3635, Florida Statutes; and Page 1 of6 WHEREAS, pursuant to Section 197.3632, Florida Statutes, the Village, 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 Village's herein specified non-ad valorem assessments on the TRIM Notice and tax bill; and WHEREAS, the Village represents that it has duly complied with the Notice provisions and adopted Resolution No.2o2o - GQ in compliance with the required resolutions set forth in Section 197.3632 Florida Statutes, so as to entitle the Village 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 Village, the Propefty Appraiser, the Tax Collector agree as follows: 1. The Village, 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 Village's non-ad valorem assessments for stormwater and solid waste fees within the Village of Key Biscayne 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 the Village's request to place its adopted non- ad valorem assessments for stormwater and solid waste fees within the Village of Key Biscayne on the Combined Notice of Ad Valorem Taxes and Page 2 of 6 4 5 Non-Ad Valorem Assessments in accordance with Section 197.3635, Florida Statutes. The Village agrees that all certified assessment rolls 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. The Village agrees that, in 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 (2%) on the amount of special assessments collected and remitted. Duration of this Agreement. This Agreement shall take effect upon signing and shall extend to the collection of special assessments for each fiscal year thereafter until canceled by any Party pursuant to Section 10 herein. Severability of the Provisions in this Agreement. The provisions in this Agreement are intended to be severable. lf 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. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Amendments or Modifications of this Agreement. lt is anticipated by the parties that the terms and conditions of this Agreement will be o 7 8 9 Page 3 of 6 10 11 12 periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all parties to thisAgreement. 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. lntent 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. lndemnification and Hold Harmless The Village 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 Village or its employees, agents, servants, partners principals, or subcontractors arising out of, relating to, or resulting from the performance of the Agreement. The Village shall pay all claims and losses Page 4 of 6 in 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 othenryise affect the meaning of any provision. 14. Complete Agreement. This document shall represent the complete agreement of the Parties. lN WITNESS WHEREOF, the Parties hereto execute this Agreement, and they affirm that they have the power to do so on behalf of the Village, the Tax Collector, and the Property Appraiser. (sEA VILLAGE OF KEY BISCAYNE, FLORIDA A municipal corporation of the ATTEST State of Florida By Q"r-{^^,-B.By.U \r i \l cLq< C\ er \'{- (rtame ancl title)(name and Page 5 of 6 ATTEST MIAMI.DADE COUNTY, FLORIDA OFFICE OF THE PROPERTY APPRAISER By: Pedro J. Garcia Property Appraiser MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNry COMMISSIONERS By Daniella Levine Cava Mayor By Harvey Ruvin County Clerk Approved as to legal sufficiency for Miami-Dade Colnty:ahd the Office of the Property Appraiser: Assistant County Attorney .l| --i ! t:-'.:,r{/l!. -"rr :.. , Page 6 of 6