Memorandum of Understanding with South Beach BID Partners, Inc. 02 0010 3 14
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
SOUTH BEACH BID PARTNERS, INC.
TO CONDUCT A SPECIAL MAIL BALLOT ELECTION TO APPROVE THE
CREATION OF THE SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE
SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT, AND TO PROVIDE
FUNDING FOR THE CITY'S COSTS ASSOCIATED THEREWITH
This Memorandum of Understanding ("MOU") is hereby entered into this /3 day of
➢Nlarc,ll , 2020, by and between the City of Miami Beach, a Florida municipal
corporation with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
("City"), and South Beach BID Partners, Inc., a Florida not for profit corporation with
offices at 1020 Ocean Drive, Miami Beach, FL 33139 (the "BID") (altogether, the
"Parties").
RECITALS
WHEREAS, on January 15, 2020, the Mayor and City Commission adopted
Resolution No. 2020-31144, 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 South Beach Business Improvement District (the
"District"), for a term of ten (10) years, to stabilize and improve that certain area of the
City of Miami Beach referred to as the Ocean Drive and Collins Avenue retail business
district, which district is generally located within a nationally recognized historic district,
through promotion, management, marketing, and other similar services; and
WHEREAS, the District is generally bounded on the north by the northern
boundary lines of the properties located at 1601 Collins Avenue and 1610 Collins
Avenue, and on the south by 5th Street, and consists of properties abutting Collins
Avenue and Ocean Drive; provided, however, that the following properties shall be
excluded and exempted from the District: (1) residential properties; (2) common areas
owned by condominium associations; (3) any property owned by a City, County, State,
or Federal governmental entity or school district; (4) 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 (5) properties that are 60 square feet or less in size;
and
WHEREAS, a special mail ballot election shall be held to determine whether,
pursuant to Chapter 170, Florida Statutes, a majority (50% plus one) of the affected
property owners approve the creation of the District (the "Election"); and
WHEREAS, the City and the BID hereby agree to the terms of this MOU, which
shall set forth the obligations of the Parties with respect to the Election.
.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. RECITALS
The recitals are true and correct and hereby incorporated into and made a part of this
MOU.
2. CITY'S OBLIGATIONS
The City, through the Office of the City Clerk and Office of the City Attorney, shall
provide the following services relative to the Election:
A. Conduct the Election, pursuant to the Special Mail Ballot Election Procedures,
attached hereto and incorporated herein as Exhibit "A."
B. Prepare and disseminate any documents necessary to effectuate the Election,
including the official ballot, instruction sheet, and form affidavit affirming the
voter's authority to vote on behalf of a property owner, as well as any notices and
advertisements required by law.
C. Communicate with the Mayor and City Commission regarding the progress of the
Election.
3. TERM AND EXPIRATION DATE
This MOU and the Parties' obligations hereunder shall commence upon the full
execution of this MOU, and shall terminate upon the City Clerk's certification of the
results of the Election to the City Commission.
4. COMPENSATION
The BID shall pay and/or reimburse the City for all costs necessary to conduct the
Election, including the City's staff costs, as well as the cost of postage, printing, mailing
supplies, advertising, and translation (the "Fee"), as set forth in the proposed budget,
attached hereto as Exhibit "B." The total Fee due to the City shall not exceed $20,000,
unless otherwise mutually agreed to and approved, in writing, by the Parties. For
purposes of this Section 4, the City Manager shall be authorized to act on behalf of the
City.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on
the date first written above.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: 1. at:�111P-
Rafa I E. Gr nado Jim \ L. Mo s
City Clerk 1\1 i anager
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Da i�- � ate 'l
llNDDRF ORATED/
SOUTH BEACH BID PARTNER iNC.
ATTEST: ...•••"*r\N
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Presi•-
Print Name/Title e/ew� d
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Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Att^rn=iv Date
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3
EXHIBIT "A"
SOUTH BEACH BUSINESS IMPROVEMENT DISTRICT
SPECIAL MAIL BALLOT ELECTION PROCEDURES
The following procedures shall govern the special mail ballot election, which shall be
conducted by the Office of the City Clerk and Office of the City Attorney, to determine
whether a majority (50% plus one) of the affected property owners approve the creation
of the proposed South Beach Business Improvement District (the "District") (altogether,
the "Election").
1. South Beach BID Partners, Inc. (the "BID") shall provide the City Clerk with a
Certified List, approved by the BID president and attested to by the BID secretary, of
each benefited property address within the District, and each property owner's
mailing address. In addition, the BID will provide the City with a mailing label and a
return-mailing label for each address. The format of the mailing labels and return-
mailing labels (the "Labels") shall be as determined by the City.
2. The City reserves the right to hire a consultant, at the sole cost and expense of the
BID, to verify the accuracy of the names of the property owners and mailing
addresses submitted by the BID pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon the BID's approval of the ballot question, and the City's receipt of the Labels
and Certified List, the Office of the City Clerk, in consultation with the Office of the
City Attorney, shall prepare the Official Ballot. The City's seal will be embossed on
each Official Ballot.
5. The City shall translate or arrange the translation of any documents necessary to
effectuate the Election, including the Official Ballot.
6. The mail package for each Official Ballot shall be as follows:
Envelope 1: Envelope 1, the outer envelope, shall be affixed with a mailing label
provided by the BID. This envelope shall contain (i) the Official
Ballot, (ii) a form affidavit affirming the voter's authority to vote on
behalf of the property owner (the "Affidavit"), (iii) an instruction
sheet detailing when the Official Ballot must be returned and the
date, time, and location of when the Official Ballots received will be
opened, (iv) Envelope 2, and (v) Envelope 3.
Envelope 2: Envelope 2, which will be placed inside Envelope 1, shall be
stamped and pre-addressed for mailing to the Office of the City
Clerk. A return address label printed with the folio number, name of
1
the property owner, and mailing address of the property owner shall
be affixed to Envelope 2.
Envelope 3: Envelope 3 is the ballot secrecy envelope. To preserve the secrecy
of the ballot, the property owner will be instructed to remove the
Official Ballot from Envelope 1, and cast a vote by drawing a circle
around the appropriate ballot response. After voting, the property
owner will be instructed to place the completed Official Ballot inside
Envelope 3, seal Envelope 3, and place Envelope 3 into Envelope
2. The property owner will be instructed to place the Affidavit inside
Envelope 2 and not to place the Affidavit inside Envelope 3, to
preserve the secrecy of the ballot. The property owner shall return
a sealed Envelope 2, containing the Affidavit and a sealed
Envelope 3, to the City by (i) mailing the pre-addressed Envelope 2
to the Office of the City Clerk, or (ii) physically bringing Envelope 2
directly to the Office of the City Clerk.
7. The Office of the City Clerk shall mail all Official Ballots to the property owners on
the same day, via First Class U.S. Mail, unless the BID notifies the City in writing
that the BID desires that the Official Ballots be sent via FedEx or any other delivery
service, at the BID's expense; in such event, the BID shall provide the City with pre-
addressed labels and any and all necessary packing and mailing materials for that
particular delivery service. In the event that the BID elects to use a delivery service
other than U.S. Mail, the procedure in Section 6 shall still apply, except that
Envelope 1 shall be placed inside a postage prepaid envelope for that particular
delivery service.
8. As voting envelopes are returned, the Office of the City Clerk shall track, on a daily
basis, the number of ballots received, by property address, using the Certified List.
The count will be posted on the City's website at the end of each day.
9. In the event that, following the tenth (10th) day after the start of the Election, a
property owner has not yet received an Official Ballot, the property owner may
submit a written request to the City Clerk for a Duplicate Ballot. Upon receipt of the
property owner's request, the City Clerk shall promptly mail a Duplicate Ballot to the
property owner. If the BID elects, pursuant to Section 7, to use a delivery service
other than U.S. Mail, the BID shall provide the City with a pre-addressed label and
any and all necessary packing and mailing materials for that particular delivery
service. If a property owner does not receive the Duplicate Ballot, the property owner
may, again, submit a written request to the City Clerk for a Duplicate Ballot;
however, the property owner (or a representative of the property owner) shall be
required to retrieve the Duplicate Ballot from the Office of the City Clerk in person.
10.If the Office of the City Clerk receives two or more envelopes referencing the same
folio number, the ballots in those envelopes shall be voided, and that property owner
will be considered to have not voted.
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11.The Canvassing Board for this special mail ballot election shall consist of the
following individuals:
a. Rafael E. Granado, City Clerk
b. Raul J. Aguila, City Attorney
c. Judy Hoanshelt, Director of Grants and Intergovernmental Affairs
12.A "yes" vote of the owners of a simple majority (50% plus one) of the affected
properties is required to approve the proposed District.
13.A property owner who fails to return an Official Ballot to the Office of the City Clerk
within the allotted timeframe will be considered to have voted "no" to the creation of
the District.
14.The City Clerk shall keep the BID president informed of all election-related activities,
and the BID president is responsible for disseminating all information to the owners
of properties within the District.
15.The ballots will be opened at a publicly noticed meeting of the Canvassing Board, at
a prescribed date, time, and location, as follows:
a. Envelope 2 will be opened and Envelope 3 and the Affidavit will be removed from
Envelope 2.
b. Envelope 2 will be placed in a separate stack.
c. The Canvassing Board will review the Affidavit to ensure that it is complete and
validly executed and notarized. If the Affidavit is not complete or validly executed
or notarized, the Affidavit will be stapled to the corresponding Envelope 3 and
rejected. If the Affidavit is complete and validly executed and notarized, the
Affidavit and Envelope 3 will be placed in separate stacks.
d. If the Affidavit is deemed valid, the corresponding Envelope 3 will be opened and
the Official Ballot will be removed and placed in a separate stack.
e. Those Official Ballots deemed valid pursuant to Section 15(d) herein will be
counted. The Office of the City Clerk will prepare a tally of"yes" votes, "no" votes,
unretumed ballots, and rejected ballots.
f. The Canvassing Board will review any ballot lacking a clear ballot response to
determine, if possible, the voter's intent.
16.Once the count has been finalized and the count is reconciled, the Office of the City
Clerk will prepare an Official Election Certification.
F:\ATTO\KALN\South Beach BID\South Beach BID Special Mail Ballot Election Procedures.doc
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EXHIBIT "B"
SOBE BUSINESS IMPROVEMENT DISTRICT
2020 CITY CLERK SPECIAL ELECTION COST ESTIMATE
The Miami Herald Ads Page No. Cost Total
Notice of Special Election Ads & Canvassing Board full 5 $ 735.00 $ 3,675.00
Resolution Calling for a Special Election full 1 $ 735.00 $ 735.00
Sample Ballot half 1 $ 460.00 $ 460.00
Notice of Public Hearing - Final Assessment Roll full 2 $ 735.00 $ 1,470.00
El Nuevo Herald Page No. Cost
Aviso de Eleccion Especial y Junta de Escrutinio 5 $ 825.00 $ 4,125.00
Muestra de Boleta 1 $ 825.00 $ 825,00
Translating to Spanish services $ 300.00 $ 300.00 ,
Printing ' . '
Ballots 5 x 7 in color paper $ 57.72 $ 57.72
Ballot Instructions 5 x 7 in white $` 57.72 $ 57.72
Affidavits $ 78.72 $ 78,72
Final Assessments& Printing & Folding $ 106.66 $ 106.66
Stamps
125 stamps- Envelope No. 1 - Outgoing Envelope 266 $ 1.30 $ 345.80
125 stamps- Envelope No. 2 - Incoming Envelope 266 $ 1.15 $ 305.90
125 stamps (Final Assessment Roll) 266 $ 0.50 $ 133.00
Supplies ' Box
White flat envelopes 7 1/2 x 10 1/2- Incoming Envelope 3 $ 60.99 $ 182.97
Manila envelopes 9 x 12 -Outgoing Enveloe 3 $ 21.67 $ 65.01
Manila envelopes 6 x 9- Secrecy Envelope 2 $ 35.99 $ 71.98
Office envelopes - 1 Box 1 $ 32.50 $ 32.50 ,
Labels Set 1 -Avery 5161 1 $ 40.99 $ 40.99
Labels Set 2 -Avery 6878 1 $ 20.99 $ 20.99
Labels Set 3-Avery 5160 1 $ 31.99 $ 31.99
Labor
45 hours @ $28.13 per hour 45 $ 28.13 $ 1,265.85
GRAND TOTAL ESTIMATE COST $ 14,387.80
$15,000.00 Requested
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