Resolution 2018-30486 RESOLUTION NO. 2018-30486
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL
FORM AND AUTHORIZING THE OFFICE OF THE CITY MANAGER
AND OFFICE OF THE CITY ATTORNEY TO FINALIZE A
MEMORANDUM OF UNDERSTANDING WITH WASHINGTON AVE BID
INC., TO STABILIZE AND IMPROVE THE WASHINGTON AVENUE
RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A
NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH
PROMOTION, MANAGEMENT, MARKETING, AND OTHER SIMILAR
SERVICES; AND, IF SUCCESSFUL, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING ON BEHALF OF THE CITY.
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30065, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Washington Avenue Business Improvement District (the "District"), for a term of
ten (10) years, to stabilize and improve the Washington Avenue retail business district, which is
located within a nationally recognized historic district, through promotion, management,
marketing, and other similar services; and
WHEREAS, on January 17, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30150, which called for a special mail ballot election (the "Election") to be held from
March 8, 2018 to April 20, 2018, to determine whether a majority of the affected property
owners approved the creation of the District; and
WHEREAS, the affected property owners approved the creation of the District, as
follows: 67 ballots were cast in favor of the creation of the District, 12 ballots were cast in
opposition to the creation of the District, 5 ballots were rejected as improperly cast, and 26
ballots were not returned; and
WHEREAS, pursuant to Sections 170.07 and 170.08, Florida Statutes, the Mayor and
City Commission held a duly noticed public hearing on June 6, 2018, for the owners of the
property to be assessed or any other interested persons to appear before the Mayor and City
Commission and be heard as to the propriety and advisability of making such improvements
and providing such services (and funding them with special assessments on property), as to the
cost thereof, as to the manner of payment therefor, and as to the amount thereof to be
assessed against each property so improved; and
WHEREAS, following the testimony, the Mayor and City Commission voted to levy the
special assessments; and
WHEREAS, thereafter, pursuant to Section 170.08, Florida Statutes, the Mayor and City
Commission met as an equalizing board to hear and consider any and all complaints as to the
special assessments and to adjust and equalize the assessments on a basis of justice and right,
following which the Mayor and City Commission approved the final assessment roll for the
District; and
WHEREAS, a Florida not-for-profit corporation, known as Washington Ave BID Inc. (the
"BID"), has been incorporated to administer the District; and
WHEREAS, the City desires to enter into a Memorandum of Understanding ("MOU")
with the BID to set forth, among other things, the obligations of the BID to administer the District,
as well as the rights and obligations of the City to collect the special assessments, conduct an
annual review of the BID's budget and activities, and audit the BID; and
WHEREAS, the City also desires to enter into the MOU to ensure the BID's compliance
with Chapter 170, Florida Statutes; the requirements of the Uniform Special District
Accountability Act, set forth in Chapter 189, Florida Statutes; and Florida Sunshine Law,
including, without limitation, Chapter 286, Florida Statutes; and
WHEREAS, the MOU shall be in substantially the same form as the agreement attached
hereto as Exhibit•'A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve in substantial form and authorize the Office of the City Manager and Office of the City
Attorney to finalize a Memorandum of Understanding with Washington Ave BID Inc., to stabilize
and improve the Washington Avenue retail business district, which is located within a nationally
recognized historic district, through promotion, management, marketing, and other similar
services; and, if successful, the Mayor and City Commission hereby authorize the Mayor and
City Clerk to execute the Memorandum of Understanding on behalf of the City.
PASSED and ADOPTED this /d day of SerkOr her , 2018.
Dan Gelber, ayor
ATTEST:
9J-rt 1 I le
Rafael E. Granado, City Clerk 4\\ B-4:4', APPROVED AS TO
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City Attorney
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Resolutions- C7 AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: September 12, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM AND
AUTHORIZING THE OFFICE OF THE CITY MANAGER AND OFFICE OF THE
CITY ATTORNEY TO FINALIZE A MEMORANDUM OF UNDERSTANDING WITH
WASHINGTON AVE BID INC., TO STABILIZE AND IMPROVE THE WASHINGTON
AVENUE RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A
NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION,
MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES; AND, IF
SUCCESSFUL, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY.
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution
❑ Memorandum of Understanding
❑ Washington Avenue MID Memo
Page 886 of 1802
City Attorney's draft
9/4/2018
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND WASHINGTON AVE BID INC.
This Memorandum of upstanding("MOU") is hereby entered into as of the day of
, 2018, by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under Florida law, with principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139 (the"City"), and Washington Ave BID Inc., a Florida
not-for-profit corporation with principal offices at 2700 Bay Avenue, Miami Beach 33140 (the
"BID") (collectively, the City and the BID may hereinafter be referred to as the "Parties").
RECITALS
WHEREAS, on October 18, 2017, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2017-30065, creating, pursuant to Chapter 170, Florida Statutes,
and subject further to the approval of a majority of the affected property owners, a special
assessment district to be known as the Washington Avenue Business Improvement District (the
"District"), for a term of ten (10) years, to stabilize and improve the Washington Avenue retail
business district, which is located within a nationally recognized historic district, through
promotion, management, marketing, and other similar services; and
WHEREAS, the District is bounded on the north by 17th Street, and on the south by 5th
Street, and consists of properties abutting Washington Avenue and/or the cross-streets intersecting
Washington Avenue; provided, however, that the following properties shall be excluded and
exempted from the District: (i) residential properties; (ii) common areas owned by condominium
associations; (iii) any property owned by a City, County, State, or Federal governmental entity or
school district; and (iiii) any property owned or occupied by a religious institution and used as a
place of worship or education (as defined in Section 170.201(2), Florida Statutes); and
WHEREAS, on January 17, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30150, which, in pertinent part, called for a special mail ballot election(the"Election")
to be held from March 8, 2018 to April 20, 2018,to determine whether a majority (50%plus one)
of the affected property owners approved the creation of the District; and
WHEREAS,the results of the Election are as follows: sixty-seven(67)ballots were cast in
favor of the creation of the District, twelve (12) ballots were cast in opposition to the creation of
the District, five(5)ballots were rejected as improperly cast, and twenty-six (26) ballots were not
returned. A copy of the Official Election Certification of the Canvassing Board is attached hereto
as Exhibit"A"; and
WHEREAS, on April 24, 2018,the Mayor and City Commission approved Resolution No.
2018-30287, adopting the Official Election Certificate of the Canvassing Board for the Election,
and setting, pursuant to Sections 170.07 and 170.08, Florida Statutes, a public hearing on June 6,
2018, for the owners of the property to be assessed or any other interested persons to appear before
the Mayor and City Commission and be heard as to the propriety and advisability of making such
improvements and providing such services (and funding them with special assessments on
Page 889 of 1802
property), as to the cost thereof, as to the manner of payment therefor, and as to the amount to be
assessed against each property so improved; and
WHEREAS, following the duly noticed hearing on June 6, 2018, the Mayor and City
Commission voted to levy the special assessments; and
WHEREAS, thereafter, pursuant to Section 170.08, Florida Statutes, the Mayor and City
Commission met as an equalizing board to hear and consider any and all complaints as to the
special assessments and to adjust and equalize the assessments on a basis of justice and right,
following which the Mayor and City Commission approved Resolution No. 2018-30351,
approving the final assessment roll for the District; and
WHEREAS, the BID was organized by filing Articles of Incorporation (the "Articles")
with the Secretary of State of the State of Florida on ; and
WHEREAS, the BID shall apply for a tax exemption under a section of the Internal
Revenue Code; and
WHEREAS, the City and the BID desire to enter into this MOU to set forth the obligations
of the Parties with respect to the administration of the District.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree as follows:
1. Recitals. The Recitals are true and correct and are hereby incorporated into and made
a part of this MOU.
2. Purpose. The purpose of the BID is to stabilize and improve the Washington Avenue
retail business district, which is located within a nationally recognized historic
district, through promotion, management, marketing, and other similar services, by
(i)representing and advocating for the property owners and business owners located
within the boundaries of the District; (ii) promoting and encouraging the continued
development of a diverse, vibrant and pedestrian-friendly Washington Avenue
mixed-use neighborhood, thereby providing a dynamic setting for businesses, the
visiting public, arts and entertainment, as well as area residents; (iii) serving as a
cultural and civic hub for the community and fostering a spirit of cooperation and
maintenance of high standards of quality among its members; and (iv) bringing
transformative projects into the District. A certified copy of the filed Articles of
Incorporation and a draft of the Bylaws that will be presented for adoption by the first
Board of Directors of the BID are attached hereto and incorporated herein as
Composite Exhibit "B".
3. Scope of Services. In consideration of the revenue generated by the District from
special assessments, the BID shall provide, at a minimum, the services set forth in
the Budget, Budget Narrative, and Summary of Services, attached hereto and
incorporated herein as Composite Exhibit"C".
4. Term and Expiration Date. This MOU and the Parties' obligations hereunder shall
commence upon the full execution of this MOU and shall terminate on the earlier of
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Page 890 of 1802
the expiration of the District, the dissolution of the BID, the exercise of any of the
provisions in Section 13 of this MOU, or upon mutual written agreement of the
Parties.
5. City's Authorized Representative. The City Manager shall, after consultation with
the Executive Committee of the
BID, appoint an Authorized Representative as a non-voting,ex-officio member of the
Board of Directors of the BID. Notwithstanding the foregoing sentence, the City
Manager shall have the sole and final authority to select the City's appointee.
6. Collection of Special Assessments. The City shall collect the special assessments
levied to fund the District, in accordance with the following procedure:
a. On or before September I of each year, the City shall invoice each affected
property owner for payment of the assessment levied to fund the District.
The assessment shall be payable in one annual installment by October 1 of
each year. Payments shall be made payable to the Finance Director of the
City, or the Finance Director's designee.Notwithstanding the provisions of
this paragraph, for the first fiscal year following the creation of the District
(October 1,2018—September 30,2019),the City shall invoice each affected
property owner no later than December 1, 2018, and the assessment shall
be payable to the City by January I,2019.
b. The City shall, on a monthly basis, electronically remit the assessments
collected to the BID.
c. Assessments not paid when due shall become due and payable in
accordance with statutory provisions and shall remain liens, coequal with
the lien of all state, county,district, and municipal taxes, superior in dignity
to all other liens,titles, and claims, until paid,and shall bear interest, at such
rates as specified in Section 170.09, Florida Statutes.
d. Notwithstanding the provisions of this Section, the BID may elect to
transfer the responsibility to collect the assessments from the City to the
Miami-Dade County Property Appraiser, provided that BID must first
notify the City in writing of such election on or before April 1 of the
preceding fiscal year.
7. Reimbursement of City's Expenses. In the future, the BID shall reimburse the City
for its actual costs of bank transfer fees, as well as postage and mailing supplies for
invoices and any other notices required by law. The BID shall reimburse the City for
any actual out-of-pocket expenses incurred by the City in the course of remitting the
assessments to the BID and collecting unpaid assessments, including, without
limitation,the cost of recording liens,court costs,and filing fees.The City shall either
(i) deduct any such reimbursable expenses from the City's remittances to the BID,
and concurrently deliver to the BID an invoice detailing the expenses deducted from
3
Page 891 of 1802
the remittance, or(ii) invoice the BID on a monthly basis for the City's reimbursable
expenses.
8. Budget. The BID shall not have the power to expend assessment funds in excess of
that which is provided for in the current budget of the BID, except that the BID may
enter into contractual commitments scheduled in years following the then current
fiscal year. Any such commitment shall be binding upon the BID and shall be
included in the budget of the BID in any and all fiscal years in which any payments
required to be made thereunder shall become due and payable. Annually,on or before
August 1, the BID shall prepare and submit to the City Commission a budget
accurately itemizing all estimated revenue and expenses for the succeeding fiscal year
beginning October I. The City Commission's review of the BID's budget shall be
limited solely to a determination of the legality of the expenditures. The BID shall
not expend funds or incur any liability which is not authorized or provided for in its
current budget, or in any amendment thereto, unless as otherwise provided herein.
9. Annual Report to the Mayor and City Commission.Annually, on or before August 1,
the BID shall, upon request of the City Manager or the City Manager's designee,
provide the City with an annual report detailing the BID's activities during the
preceding fiscal year, along with a copy of the BID's annual budget.
10. Uniform Special District Accountability Act. The Parties acknowledge and agree that
the BID is an independent special district as defined in the Uniform Special District
Accountability Act, which is set forth in Chapter 189, Florida Statutes. As such, the
BID shall fulfill and comply with all applicable requirements of Chapter 189, Florida
Statutes, as may be amended from time to time. The BID's compliance with Chapter
189 is a material term of this MOU.
11. Sunshine Law. All meetings of the Executive Committee, Board of Directors, or
general membership of the BID shall be publicly noticed and open to the public,
pursuant to Chapter 286, Florida Statutes, as may be amended from time to time.
12. Public Records Law. The BID shall be subject to Florida Public Records Law
including,without limitation,Chapter 119, Florida Statutes,as may be amended from
time to time.
13. Termination for Cause. If the BID shall fail to fulfill in a timely manner,or otherwise
violates, any of the covenants, agreements, or stipulations material to this MOU, the
City, through its City Manager, shall thereupon have the right to terminate this MOU
for cause. Prior to exercising its option to terminate for cause, the City shall notify
the BID of its violation of the particular term(s) of this MOU, and shall grant BID
thirty (30) days to cure such default, provided however that if the default cannot be
reasonably cured within such time period, the BID shall not be in breach of this
Agreement, if the BID commences to cure the breach within such time period and in
good faith continues to cure the breach, but in no event shall such time period for
cure be extended beyond ninety (90) days. If such default remains uncured after the
time period set forth above, the City may terminate this MOU without further notice
4
Page 892 of 1802
to BID. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this MOU. In the event
that the City terminates this MOU for cause,and once the BID's outstanding financial
obligations have been satisfied, all remaining unexpended assessments shall be
returned to the owners of property within the District on a pro rata basis.
Notwithstanding the above, the BID shall not be relieved of liability to the City for
damages sustained by the City by any breach of the MOU by the BID. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's rights and
remedies against the BID. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys' fees.
14. Indemnification. The BID agrees to indemnify and hold harmless the City of Miami
Beach and its officers, employees, agents, and contractors, from and against any and
all actions (whether at law or in equity), claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees and costs, for personal, economic, or
bodily injury, wrongful death, or loss of or damage to property, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the BID, its officers, employees, agents, contractors, or any other person
or entity acting under the BID's control or supervision, in connection with, related
to, or as a result of the BID's performance of the services pursuant to this MOU. To
that extent, the BID shall pay all such claims and losses and shall pay all such costs
and judgments which may issue from any lawsuit arising from such claims and losses
and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The provisions of this Section and of this
indemnification shall survive termination or expiration of this MOU.
15. Choice of Law, Venue, and Waiver of Jury Trial. This MOU shall be construed in
accordance with the laws of the State of Florida. This MOU shall be enforceable in
Miami-Dade County, Florida, and if legal action is necessary by either party with
respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for the enforcement of this MOU shall lie in Miami-Dade County, Florida. By
entering into this MOU, the BID and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this MOU.
16. Limitation of Liability. The City desires to enter into this MOU only if in so doing
the City can place a limit on the City's liability for any cause of action, for money
damages due to an alleged breach by the City of this MOU,so that its liability for any
such breach never exceeds $100,000. The BID hereby expresses its willingness to
enter into this MOU with the BID's recovery from the City for any damages and/or
action for breach of contract to be limited to $100,000.
Accordingly, and notwithstanding any other term or condition of this MOU,the BID
hereby agrees that the City shall not be liable to the BID for damages in an amount
in excess of$100,000, for any action or claim for breach of contract arising out of
5
Page 893 of 1802
the performance or non-performance of any obligations imposed upon the City by
this MOU.
Nothing contained in this section or elsewhere in this MOU is in any way intended
to be a waiver of the limitation placed upon the City's liability, as set forth in Section
768.28, Florida Statutes.
17. Audit and Inspections. Upon reasonable verbal or written notice to the BID, and at
any time during normal business hours (i.e. 9:00 am — 5:00 pm, Monday through
Friday, excluding nationally recognized holidays), and as often as the City Manager
may, in his/her reasonable discretion and judgment, deem necessary, there shall be
made available to the City Manager,and/or such representatives as the City Manager
may deem to act on the City's behalf, to audit, examine, and/or inspect, any and all
other documents and/or records relating to all matters covered by this MOU. The BID
shall maintain any and all such records at its place of business at the address set forth
in the "Notices" section of this MOU. In addition to the provisions in this Section,
the BID shall also comply with the audit and reporting requirements set forth in
Chapter 189, Florida Statutes.
18. Independent Contractor/No Joint Venture.This MOU shall not constitute or make the
Parties a partnership or joint venture. For the purposes of this MOU,the BID shall be
deemed to be an independent contractor,and not a partner,agent,agency,department,
or ad hoc committee of the City. No agent or employee of BID shall attain any rights
or benefits under the Civil Service or Pension Ordinance of the City, or any right
generally afforded classified or unclassified employees, including annual leave and
sick day accrual. Further, no agent or employee of BID shall be deemed entitled to
Florida Worker's Compensation Benefits as an employee of the City or accumulation
of sick or annual leave.
19. Notices. All notices and communications in writing required or permitted hereunder,
shall be delivered personally to the representatives of the BID and the City listed
below, or may be mailed by U.S. Certified Mail, return receipt requested, postage
prepaid, or by a nationally recognized overnight delivery service.
Unless changed by notice in writing, all such notices and communications shall he
addressed as follows:
To BID: Andrew Resnick
President and Executive Director
Washington Ave BID Inc.
2700 Bay Avenue
Miami Beach, Florida 33140
To the City: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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Page 894 of 1802
With a copy to: Economic Development Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the party to receive
notice if such alternate address is provided via U.S. certified mail, return receipt
requested, hand delivered, or by overnight delivery. In the event an alternate notice
address is properly provided,notice shall be sent to such alternate address in addition
to any other address which notice would otherwise be sent, unless other delivery
instruction is specifically provided for by the party entitled to notice. Notice shall be
deemed given on the day on which personally served, or the day of receipt by either
U.S. certified mail or overnight delivery.
20. Changes and Additions. This MOU cannot be modified or amended without the
express written consent of the parties. No modification, amendment, or alteration of
the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
21. Severability. If any term or provision of this MOU is held invalid or unenforceable,
the remainder of this MOU shall not be affected and every other term and provision
of this MOU shall be valid and be enforced to the fullest extent permitted by law.
22. Entirety of Agreement. The City and BID agree that this MOU constitutes the entire
agreement between the parties. This MOU supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and there are no commitments, agreements or
understandings concerning the subject matter of this MOU that are not contained in
this document. Title and paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this MOU.
[Signature Pages to Follow]
7
Page 895 of 1802
IN WITNESS WHEREOF,the Parties hereto have affixed their signatures, effective on the
day first above written.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: By: ---
Rafael Granado Dan Gelber
City Clerk Mayor
Date Date
8
Page 896 of 1802
WASHINGTON AVE BID INC.
ATTEST:
By:
Signature Andrew Resnick
President
Print Name
Date
Signature
Print Name
9
Page 897 of 1802
EXHIBIT "A"
Official Election Certification of the Canvassing Board
A-1
Page 898 of 1802
Composite Exhibit"B"
Draft Articles of Incorporation and Bylaws
B-1
Page 899 of 1802
EXHIBIT "C"
WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT
BUDGET NARRATIVE AND SUMMARY OF SERVICES TO BE PROVIDED
I. Revenues
The revenues in the attached proposed budget($505,765)representtthe total amount of the special
assessments to be collected each year of the special assessment district.
2. Administrative and Office Expenses
Administrative and office expenses for the first ye he special asses mejt,district shall total
b
$131,603. . k.tr t":.?r,...
• Staffing costs, including employment benefits for one ettiployee (an executive director)
shall total $88,807.
• Office expenses for rent,liabilityinsurance supplie3,0stage,printing,equipment lease(s),
annual report, audit, cell phone, accountingand directors and officers liability insurance
shall total 542,796
3. Street level Improvements and Programs.,,
The BID intends' shire a national provider w supervisor to coordinate both security and
sanitation services. S*unity officersrw{II interface wiith hired off-duty police officers, in a manner
that is acce t ble to thel$Iiami $e,�acb 'pttee Departnj t. Supplemental security services for the
first y : 0' x1#$71 897 andibff=du"t}*p'q'° ervicWor the first year will total $29,602.
•
Th ^
: i also intends`ttt Lure a`national sanitation ices provider to remove street debris and
ming a affiti.The cost of supplemental sanitation services for the first year will total $54,976.
Sanitation scupplies will be purchased in order to facilitate sidewalk debris removal,and to remove
minor graffiti. te cost of sanitation cleaning supplies for the first year shall total $4,229.
4. Marketing Expenses
Marketing expenses for as,'tjirst year shall total $123,256, and shall include the following
expenditures:
• Holiday lights and decorations in the amount of$63,434.
• Development of a Washington Avenue BID website, including images, in the amount of
$16,916.
C-1
Page 900 of 1802
• Year-round event development will he initiated at a cost of$42,907.
5. Washington Avenue Visioning
Planning, in conjunction with the City, to revitalize and renew the District, shall be conducted at a
cost of$12,208 for the first year.
6. BID Formation Expenses
The one-time costs associated with creating the District (including consulting fees, and all other
expenses related to creating the special assessment district)autoun*t'Q $78,000.
sir
x ^
i atet}
;rt
C-2
Page 901 of 1802
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA,CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Dan Gelber Date: September 12, 2018
Members of the City Commission
cc: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk tt
From: Raul J. Aguila, City Attorne3w0 ( Or: 1
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM AND
AUTHORIZING THE OFFICE OF THE CITY MANAGER AND OFFICE OF
THE CITY ATTORNEY TO FINALIZE A MEMORANDUM OF
UNDERSTANDING WITH WASHINGTON AVE BID INC., TO STABILIZE
AND IMPROVE THE WASHINGTON AVENUE RETAIL BUSINESS
DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED
HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT,
MARKETING, AND OTHER SIMILAR SERVICES; AND, IF SUCCESSFUL,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY.
A. Background
On October 18, 2017, the Mayor and City Commission adopted Resolution No. 2017-30065,
which created, pursuant to Chapter 170, Florida Statutes, and subject to the approval of a
majority of the affected property owners, a special assessment district to be known as the
Washington Avenue Business Improvement District (the "District"), for a term of ten (10) years,
to stabilize and improve the Washington Avenue retail business district, which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services.
On January 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30150,
which called for a special mail ballot election (the "Election') to be held from March 8, 2018 to
April 20, 2018, to determine whether a majority of the affected property owners approved the
creation of the District. The affected property owners approved the creation of the District, as
follows: 67 ballots were cast in favor of the creation of the District, 12 ballots were cast in
opposition to the creation of the District, 5 ballots were rejected as improperly cast, and 26
ballots were not returned.
Pursuant to Sections 170.07 and 170.08, Florida Statutes, the Mayor and City Commission held
a duly noticed public hearing on June 6, 2018, for the owners of the property to be assessed or
any other interested persons to appear before the Mayor and City Commission and be heard as
to the propriety and advisability of making such improvements and providing such services (and
funding them with special assessments on property), as to the cost thereof, as to the manner of
Page 902 of 1802
Washington Avenue BID—Memorandum of Understanding
September 12, 2018
Page 2
payment therefor, and as to the amount thereof to be assessed against each property so
improved.
Following the testimony, the Mayor and City Commission voted to levy the special assessments.
Thereafter, pursuant to Section 170.08, Florida Statutes, the Mayor and City Commission met
as an equalizing board to hear and consider any and all complaints as to the special
assessments and to adjust and equalize the assessments on a basis of justice and right,
following which the Mayor and City Commission approved the final assessment roll for the
District.
B. Memorandum of Understanding
The City now desires to enter into a Memorandum of Understanding ("MOU") with Washington
Ave BID Inc., a Florida not-for-profit corporation (the "BID") that has been incorporated to
administer the District. The MOU sets forth, among other things, the obligations of the BID to
administer the District, as well as the rights and obligations of the City to collect the special
assessments, conduct an annual review of the BID's budget and activities, and audit the BID.
The City also desires to enter into the MOU to ensure the BID's compliance with Chapter 170,
Florida Statutes; the requirements of the Uniform Special District Accountability Act, set forth in
Chapter 189, Florida Statutes; and Florida Sunshine Law, including, without limitation, Chapter
286, Florida Statutes. The MOU authorizes the City Manager to, after consultation with the
Executive Committee of the BID, appoint an Authorized Representative as a non-voting, ex
officio member of the Board of Directors of the BID. The City Manager shall have the sole and
final authority to select the City's appointee.
The attached Resolution approves in substantial form and authorizes the Office of the City
Manager and Office of the City Attorney to finalize the MOU and, if successful, authorizes the
Mayor and City Clerk to execute the MOU on behalf of the City.
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