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Resolution 2007-111 RESOLUTION NO. 2007 _ III A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED TO SUPPORT H.R. 1023 AND S. 777 TO REPEALTHE IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES IMPOSED BY SECTION 511 OF THE TAX INCREASE PREVENTION AND RECONDILlACTION ACT OF 2005, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO SENATORS BILL NELSON AND MEL MARTINEZ AND REPRESENTATIVES CONNIE MACK AND MARIO DIAZ-BALART. WHEREAS, this far-reaching new requirement was inserted as a last-minute revenue raiser into the Tax Reconciliation Act of 2005 (Section 511) that was signed by the President in May 2006; and WHEREAS, with no committee hearings having been held supporters argue that imposing with holdings of three percent on non-wage payments by Federal, State and local governments would improve taxpayer compliance, reduce the "tax gap", and promote fairness in the tax system, but this provision focuses only on payments made by governments unrelated to any tax liabilities; and WHEREAS, Section 511 is estimated to "increase" revenue by $7 billion from 2011 to 2015, but raises $6 billion of that amount in 2011 solely due to accelerated tax receipts and not an actual revenue increase from improved tax compliance; and WHEREAS, Collier County will be burdened with ongoing costs to administer this unfunded mandate which will be substantial and complicated to implement; and WHEREAS, Collier County will incur increased costs with all vendors affected by this mandate as a result of their loss of vital funds needed to operate day-to-day operations, which they will be forced to pass along to customers; and WHEREAS, construction projects will be significantly impacted as profits are not realized until the end of a multiyear contract, but withholding will occur throughout the project; and WHEREAS, the three percent withholding and administrative costs burden on the contractors/vendors will ultimately be funded by the taxpayers; and WHEREAS, Collier County indirectly bears the burden of administrative costs of contractors, Section 511 will increase the cost of goods and services purchased; and WHEREAS, with the contractors/vendors revenue streams tied up in withholding, these firms could be deterred from working with Collier County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: 1. The foregoing "WHEREAS" clauses are hereby incorporated herein as an integral part of this Resolution. 2. For each of the above reasons, and many others too numerous to include in this Resolution, the Board for County Commissioners of Collier County, Florida, hereby expresses its strong support for the proposed H.R. 1023 and S.777. 3. Collier County's Board of County Commissioners urges members of the Senate and House of Representatives of the United States of America to support H.R. 1023 and S.777, and if passed by both Houses of the Congress to forward this bill to President Bush for signature, and 4. County Manager, James V Mudd, is hereby directed to immediately distribute a copy of this Resolution to Senators Bill Nelson and Mel Martinez and Representatives Connie Mack and Mario Diaz-Balart. 5. This Resolution shall be effective upon adoption. Passed and duly ADOPTED Florida, the 'iJtIv day of the Board of County Commissioners of Collier County, ,2007. ATTEST:.'}: /'0 DWIGHT E. BBQCK, Cr~k ,~"" .' -< ., <1' , <t'f' . By: ~~~y.i~~~:tn J: ~( . s 1 ,,".ture ~n l. . Approved as to form and legal sufficiency: By, ~drj/( Robert Zac Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FRIDA By: J