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HomeMy WebLinkAboutAmendment No. 1 to the MOU dated Dec. 21, 2022 between the CMB and The Lincoln Business Improvement District, Inc.Docusign Envelope ID: 768BFBFF-5D59-4C3C-8074-D07AC285B1E9 2(z�25^ --.?ac -I�, AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING, DATED DECEMBER 21, 2022, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND THE LINCOLN BUSINESS IMPROVEMENT DISTRICT, INC., TO PROVIDE CITY FUNDING FOR ENVIRONMENTAL MAINTENANCE AND SUPPLEMENTAL SAFETY SERVICES FOR THE AREA LOCATED WITHIN THE DISTRICT (THE "MOU") P s Amendment No. 1 ("Amendment') to the above -defined MOU is made and entered this 30. a day of January 2026, ("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and the LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC., a Florida not -for -profit corporation with principal offices at 350 Lincoln Road, 2rd Floor, Miami Beach, FL 33139 (the "LRBID"). RECITALS WHEREAS, on November 16, 2022, the Mayor and City Commission adopted Resolution No. 2022-32391, approving the MOU with a term of one year, retroactively commencing on October 1, 2022, and expiring on September 30, 2023, with two (2) one-year renewal terms exercisable at the sole option of the City Manager; WHEREAS, the City and the LRBID previously extended the MOU through September 30, 2025; WHEREAS, the parties now desire to execute Amendment No. 1 to the MOU to extend the term of the MOU for one (1) additional year, commencing retroactively on October 1, 2025, and expiring on September 30, 2026; and WHEREAS, on December 17, 2025, the Mayor and City Commission adopted Resolution No. 2025-33978, approving the extension of the MOU for one additional year. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. EXTENSION OF THE TERM. The City and LRBID agree to extend the term of the MOU for an additional period of one (1) year, commencing on October 1, 2025, and expiring on September 30, 2026. This extension is in addition to, and independent of, the renewal options previously set forth in the MOU, all of which have been exercised. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. Page I ut 2 Docusign Envelope ID: 768BFBFF-5D59-4C3C-8074-D07AC285B1E9 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. CITY OF MIAMI BEACH, FLORIDA ATTEST: FDocuSipned by: at L �. GvAAAAh a . °ra Pnado, City Clerk 1/30/2026 1 6:24 PM EST Date . i By: �L Eric T. Carpente City Manager LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC. ATTEST: Witness Signature Natalie Me'ia, BID Admin Print Name and Titie 1-23-2026 Date By: Z-,6 Authorized Signature '— Anabel Llopis, Executive Director Print Name and Title Nage 2 or 2 APPROVED AS TO FORM & LANGUAGE &&FFOR EXECUTION Jgity Attorney Date Docusign Envelope ID: 768BFBFF-5D59-4C3C-8074-D07AC285B1 E9 2025-33978 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING DATED DECEMBER 21, 2022 (THE "MOU") BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC. (THE "LRBID"); SAID AMENDMENT NO, 1 EXTENDING THE TERM UNDER THE MOU BY ONE ADDITIONAL YEAR, COMMENCING ON OCTOBER 1, 2025 AND ENDING ON SEPTEMBER 30, 2026, CONTINUING CITY FUNDING IN THE AMOUNT OF $160,000 PER YEAR (OR $13,333 PER MONTH) TO THE LRBID FOR ENVIRONMENTAL MAINTENANCE, HOSPITALITY, AND SAFETY SERVICES WITHIN THE BOUNDARIES OF THE DISTRICT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AMENDMENT. WHEREAS, on April 15, 2015, the Mayor and City Commission adopted Resolution No. 2015-28992, creating a special assessment district to be known as the Lincoln Road Business Improvement District (the "District') for a period of ten (10) years, to stabilize and improve the Lincoln Road retail business district, which is located within a nationally recognized historic district, through promotion, management, marketing and other similar services; and WHEREAS, on October 1, 2016, the LRBID entered into an agreement with Mydatt Services, Inc. d/b/a Block by Block ("Block by Block") to provide environmental maintenance services and hospitality and safety services for the area located within the District (the "Services"); and WHEREAS, Block by Block provides safety, cleaning, hospitality, and outreach services for business improvement districts; and WHEREAS, on February 9, 2017, and pursuant to City Resolution No. 2016-29692, the City and the LRBID entered into a Memorandum of Understanding (the "First MOU") to provide City funding in the amount of $13,333.33 per month for the Services, for a term of approximately eight (8) months, which initial term ended on September 30, 2017; and WHEREAS, on October 18, 2017, and pursuant to City Resolution No. 2017-30051, the City Manager executed Amendment No. 1 to the First MOU to extend the term for one additional year until September 30, 2018, with the option to extend the term for one additional year, until September 30, 2019; and WHEREAS, on September 11. 2019, the City Commission adopted Resolution No. 2019- 30948, approving an amendment to the First MOU extending the term on a month -to -month basis, provided that this extension of the First MOU not exceed a penod of six (6) months; and WHEREAS, the LRBID and Block by Block temporarily suspended the performance of the Services in the District as a result of the COVID-19 pandemic, intending to resume the Services in or around May 2020; and WHEREAS, on June 24, 2020, the Mayor and City Commission adopted Resolution No. 2020-31298, approving a new Memorandum of Understanding (the "Second MOU") with the LRBID with a term of five (5) months, commencing retroactively on May 1, 2020 and expiring on Docusign Envelope ID: 768BFBFF-5D59-4C3C-8074-D07AC285B1 E9 September 30, 2020, in order to continue providing City funding for the Services at the rate of $160,000 per year (i.e $13,333 per month); and WHEREAS, the Second MOU provided for two (2) one-year renewal terms, to be exercised at the City Commission's sole discretion, and subject to any required budgetary appropriations; and WHEREAS, on September 16, 2020, the City Commission adopted Resolution No. 2020- 31402, exercising the first renewal option and extending the term of the Second MOU for one year, commencing on October 1, 2020, and expiring on September 30, 2021; and WHEREAS, on October 6, 2021, the City Commission adopted Resolution No. 2021- 31843, exercising the second and final renewal option and extending the term of the Second MOU for an additional year, commencing on October 1, 2021, and expiring on September 30, 2022, and WHEREAS, on November 16, 2022, the City Commission adopted Resolution No. 2022- 32391, approving a new Memorandum of Understanding dated December 21, 2022 (the MOU") with a term of one year, retroactively commencing on October 1, 2022 and expiring on September 30, 2023, with two (2) one-year renewal terms exercisable at the sole option of the City Manager, in order to continue to provide City funding for the Services at the rate of $160,000 00 per year (or $13,333.33 per month); and WHEREAS, the City exercised the two renewal options under the MOU, and the second renewal option expired on September 30, 2025; and WHEREAS, the City and LRBID now desire to execute Amendment No. 1 to the MOU to extend the term for one (1) additional year, commencing retroactively on October 1, 2025, and expiring on September 30, 2026; and WHEREAS, the City Manager recommends that the Mayor and City Commission (i) approve Amendment No. 1, attached to the City Commission Memorandum accompanying this Resolution, in substantial form, extending the term of the MOU by one additional year, and (ii) authorize the City Manager and City Clerk to execute said amendment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the written recommendation of the City Manager and approve, in substantial form, Amendment No. 1 to the Memorandum of Understanding dated December 21, 2022 (the "MOU") between the City of Miami Beach, Florida, and the Lincoln Road Business Improvement District, Inc. (the "LRBID"); said Amendment No. 1 extending the term under the MOU by one additional year, commencing on October 1. 2025 and ending on September 30, 2026, continuing City funding in the amount of $160,000 per year (or $13,333 per month) to the LRBID for environmental maintenance, hospitality, and safety services within the boundaries of the district; and further, authorize the City Manager and City CI rk to execute said amendment. PASSED and ADOPTED this . day of . r 5 ATTEST: Steven Meiner, Mayor APPROVED AS TO FORM & LANGUAGE Rafael E. Granado, City Clerk & FOCUTION Sponsored by Mayor Steven Meiner A( u sty orney Date