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Res No 013-17-14814RESOLUTION NO: 01 3 -1 7 -1 481 4 A Resolution authorizing the City Manager to enter into a contract for consulting services with Redevelopment Management Associates, LLC (RMA) for Phase I of a business improvement district plan. WHEREAS, South Miami Hometown, Inc. and Red Sunset Merchants Associ~tion have requested that the City join with them in establishing a Business Improyement . . -District in the downtown area of the City; and WHEREAS, RMA was chosen by South Miami Hometown, Inc. and Red Sunset Merchants Association and they have been negotiating with RMA for the establishment of a Business Improvement District to be formed with the help of the City; and WHEREAS, the process for the establishment of a Business Improvement District ~. would involve 3 phases for a total contract amount of $27,450 WHEREAS,. RMA quoted a contract price of $15,000 to complete Phase I to be shared. equally by the City, South Miami Hometown, Inc. and Red Sunset Merchants Association; and WHEREAS, th~ City's portion to complete Phase I ohhe engagement was quoted as being $5,000 which represents 1/3 of the total cost for Phase I; and WHEREAS, the last two phases for the creation of the Business Improvement· District are contingent upon the results from Phase I. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH·MIAMI,IFLORIDA; Section 1. The City Manager is authorized to join with South Miami Hometown, Inc .. and Red Sunset Merchants Association and enter into a contract with· Redevelopment Management Associates, LLC for the completion of a business improvement district plan for an amount not to exceed $5,000, which represents 1/3 of the total cost for Phase I.. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this· holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 7thday ofFebruary ,2017 Page 1 of2 Res. No. 13-17-14814 AlTEST: Page 2 of2 APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Weish: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea (i). South{'Miami THE CITY Of PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Comm iss ion FROM: DATE: SUBJEcr: BACKGROUND: Steven Alexander, City Manager . Agenda Item NO.:Jj January 17, 2017 A Resolution authorizing the City Manager to enter into a contract for consulting services with Redevelopment Management Associates (RMA) for Phase I of a business improvement district plan. South Miami Hometown, Inc. and Red Sunset Merchants Association have requested that the City join with them in establishing a Business Improvement District in the downtown area of the City. A consultant, Redevelopment Management Associates, (RMA) was chosen by South Miami Hometown, Inc. and Red Sunset Merchants Association and have been negotiating with RMA for the establishment of a Business Improvement District with the help of the City. The total agreement which includes 3 phases, is for a total contract amount of $27,450. The resolution being presented for your review and approval is to approve specifically Phase I and the City's responsible expenditure amount of $5,000 which represents 1/3 of the cost for Phase I. The last two phases are contingent upon the results from Phase I and approval of this resolution does not provide for the City to expend any amount towards phases 2 or 3. FUND & ACCOUNT: The total expenditure of $5,000 shall be charged to the City Manager, Contractual Services, account number 001-1310-513-3450, which has a balance of $65,000 before this request was made. ATTACHMENTS: Resolution Business Improvement Agreement Redevelopment Management Associates, (RMA) Proposal Sun-Biz L ·1 General Condition to Contract for Establishment of Business Improvement District THIS CONTRACT, entered into this i q/Il day of ~r ; I , 2011.-by the Cll'I OF SOUTH MIAMI through its Manager, both of whom sha I be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander@southmiamifl.gov and Redevelopment Manageme~t Associates, LLC with an offjc~ and principa~ place of business located atcl~1o l.+IClSkc\ l! f'llII>l", and E-mail address of t.~\rl\,nl\(' .... \JS·llir\and Facsimile transmission number of -. (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of the expert services of Redevelopment Management Associates, LLC; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) [V] Contractor's proposal or quote, or if none, 2) Contract Documents: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) [V] Scope of Services, ... -d-OrJ;.J fzttl [V] Contractor's proposal or quote, a./¥/a.. ~ 1 ~vnerv\ tru If) 1(0 [v] CITY's Insurance & Indemnification Requirements, 1f This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract in accordance with the contract documents, and shall complete the performance hereunder in accordance with the contract documents. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be deSignated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: as set forth in the contract documents. Thomas F. Pepe 2016 07/29/16 Page -1-of 4 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract, shall be in accordance with the contract documents. 7) Time Provisions: The term of this Contract shall be in accordance with the contract documents. 8) Termination: This Contract may be terminated in accordance with the contract documents. 9) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 10) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 11) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 12) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 13) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 14) Jury Trial Waiver: The parties waive their right to jury trial. 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records . that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public Page -2 -of 4 Thomas F. Pepe 2016 07/29/16 public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of. the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TillS CONTRACT, CONTACT THE CUSTODIAN . OF PUBLIC RECORDS AT 305-663-6340; . E-mail: mmenendez@southmiamifl.gov; 6130 'Sunset Drive, South Miami, FL .33143. . 17) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level" Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 18) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 19) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 20) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Witnessed: BY:~-C:S-- ATTESTED: Thomas F. Pepe 20]6 07129/]6 Page -3' -of 4 Redevelopment Management AS:~ BYC~ Ct, ... ~" /~ [type name of signatory] CITY OF SOUTH MIAMI Thomas F. Pepe 2016 07/29/16 ~ ~ City Manager Page -4 -of 4 LEDER OF AGREEMENT October 28, 2016 South Miami Hometown, Inc. 7380 Red Rd Ste 202 South Miami, FI 33143 Red Sunset Merchants Association 5724 Sunset Drive South Miami, FI33143 RMA, LLC ("RMA") Attn: Christopher Brown, Principal 3109 East Atlantic Blvd, Suite B Pompano Beach, FL 33062 954.695.0754 City of South Miami Steven J. Alexander City Manager South Miami 6130 Sunset Dr. South Miami, FL 33143 Dear Sirs: L--. RMA REDEV ELOPMENT MANAGEivlEI\JT ASSOCIATES Redevelopment Management Associates, LLC (RMA) is pleased to transmit a proposed scope of services to provide Business Improvement District (BID) consultant services to the three above -named entities (co"ectively referred to as "Clients") to build consensus amongst property owners, create a district plan and guide the approval process through final establishment of the BID, as described in the attached scope of services . The fee for these services is $15,000for Phase I. Should the Clients co"ectively direct RMA to perform Phases II and III by an additional agreement in writing, the fees shall be $7450 for Phase II, and $5,000 fOT Phase III. The fee for each Phase shall be paid upon completion as set forth in the attached Scope of Services. RMA has BID experience in both creation and staffing, and completed the Business Improvement District Plan for the Town of Surfside, and the Winter Park Community Redevelopment Agency {CRA} and the Park Avenue Area Task Force to create a plan for organizing a Business Improvement District {BID} for Downtown Winter Park. In 2010, RMA completed a similar project to create an organizational plan for a BID for Downtown property owners in the City of Naples, FL. The Project Manager for the South Miami BID consultation will be Kevin Crowder, CEO. Mr. Crowder is a Certified Economic Developer and currently serves on the Board of Directors of the Florida Redevelopment Association. From 1998-2012 he was the Director of Economic Development and Governmental Affairs for the City of Miami Beach, where his duties included liaison to business districts including providing staff support to the Lincoln Road Marketing Association. From 1994-1998 he worked for the South Beach Business Improvement Districts: the Ocean Drive Association; the Oceanfront Hotel Association; and the Washington Avenue Association. Mr. Crowder's contact information is: . Redevelopment Management Associates {RMA} 226 E. Flagler, 2nd Floor Miami Fl33131 kevin@rma.us.com P: 305.281.2279 We are excited by the prospect of providing support for the BID initiative in South Miami and we look forward to working with you on this project. Please call me if you have additional questions. 1. This agreement is subject to all parties executing same. 2. RMA shall use diligence in pursuing all requirements necessary pursuant to this Agreement, including but not limited to, finishing the work and seeking necessary approvals from Clients and governing agencies. The Contractor shall achieve substantial completion of the entire work of this contract in a timely manner. 3. If any party is required to institute legal action against other arising out of this Agreement or any other agreement to which it is a party, the prevailing party shall be entitled reasonable attorney's fees and costs, including such fees and costs at trial, appellate and post judgment levels. 4. This Agreement may be executed in counterpart originals; all of which together shall constitute but one instrument. 5. There are no understandings, representations, or agreements, either oral or written, other than those set forth herein. This instrument constitutes the entire agreement between the parties hereto and shall be binding upon them and their respective heirs, administrators, successors, executors and assigns. 6. No modifications of this agreement will be effective unless made in writing and signed by all parties to this Agreement. 7. Notwithstanding anything contained herein to the contrary, anyone of the three Clients may have RMA stop work or terminate this Agreement at any time upon written Page 2 of7 notice from Client to RMA. In the event Client gives RMA such notice, RMA agrees to withdraw its employees from performing the scope of services on the effective date of the termination as specified in said notice (which effective date shall not be less than two (2) working days after the date of notice). In the event of such termination after commencement of a Phase of the work, RMA shall be entitled to its actual cost incurred in the performance of the work on that Phase, to the effective date of such termination, but not to exceed the agreed upon amount for that Phase of the work, plus 10% for a reasonable profit thereon; provided, however, in no event shall profit be paid, which, when added to the costs, causes the total amount to exceeds the amount designated in the agreement for that Phase profit shall not be paid or allowed in the event that RMA cost exceeds amount stated in the Agreement between the parties for the work performed in any Phase for which payment is due. The attached General Conditions shall apply to this contract and shall take precedence over any of the provisions of this agreement in the event of any conflict. 8. The scope of services outlined herein shall be completed in accordance with the schedule attached hereto as Exhibit "A" and in no event shall Phase I not be completed by March 1, 2017 and all task contained herein not be done within a reasonable period of time. 9. Any contractor, vendor or personnel employed by the BID shall be approved by vote of the Clients or the governing body of the Board, and shall be free of any conflict of interest, actual or implied. Page 3 of7 PHASE I Exhibit "A" SCOPE OF SERVICES SOUTH MIAMI (HOMETOWN) BID l£11ER OF AGREEMENT October 28, 2016 Phase I of the BID contract to include a final meeting with all property owners to determine their support and subsequently create a final plan will be presented to all stakeholders and Clients, including as well as the City Commission. The Client is responsible for guiding the contractor through the Phase I and the costs of Phase I shall be shared equally between the 3 parties (Client). The cost apportionment shall be one third of the agreed upon fee for each of the three parties (1/3 each). Deadline: Phase I shall be completed no later than March 1,2017 Task la: Conduct a Client Kick off Meeting. Redevelopment Management Associates, LLC (RMA) shall set up a meeting with owners, City officials and to build consensus amongst commercial property owners regarding improvements, programs, services, and management of the BID. Task Ib: Assist with Creating Preliminary BID Boundaries. Based on preliminary schedule of owners, boundaries and taxable allocations of owner's properties as provided to RMA by Client with Assistance from the City of South Miami ("City"), RMA will determine and obtain the necessary data to develop the preliminary BID boundaries; such data may include the GIS database, tax roll information and existing and future land-use data to be provided by the Client and or the City. Task 2: Assist with Creating Budget. RMA will help the Client create a budget and using the data supplied by Client per Task 1, RMA will assist and work closely with the Client in determining the preliminary geographic areas within the BID boundaries based on the budget that they formulated with the help of client for BID and keeping the tax below a certain level. Task 3: Calculate Proforma Revenue Generation and/or Schedule of Rates. RMA, using information supplied by client per Task 1, will develop proforma revenue generation estimates to fund BID operations and capital projects based on two funding Page 4 of7 sources; ad valorem taxes and/or special assessments. RMA will calculate proforma schedules of rates based on two special assessment apportionment methodologies and thresholds approved by the Client. Task 4: Create Preliminary Dat.abase of Property Owners within the Preliminary BID Boundaries RMA will create a database of the property owners within the preliminary BID boundaries to provide parcel specific information about the impact of the proforma revenue generation estimates on individual property owners based on information supplied to RMA by Client per Task 1. Task 5: Prepare and Present a Summary of Findings. RMA will evaluate and make recommendations to the Client on how best to allocate the taxes based on Client's thresholds and proposed budget, and will prepare and present a summary of findings regarding the proforma revenue generation estimates. Task 6: Develop and Monitor a Schedule to Conform to Florida Statutes. RMA will create a detailed critical events schedule that conforms to Florida Statutes for all tasks and parties associated with the referendum process and includes the responsible parties for each task (Le. City of South Miami, Red Sunset Merchants Association, Hometown Inc. and RMA) RMA will monitor the tasks to ensure compliance with the statutory timeframes. Task 7: Assist with Creating Initial BID Board/Committee. RMA will assist in the creation of the initial Board or Committee that will guide the BID creation ,process by drafting a resolution that provides objectives, powers and initial proceedings. The BID Committee shall consist of at least 1 City official, 1 Board Member from each of the Parties to this Agreement, and one resident o~ the City of South Miami. Task 8: Draft a Business Improvement District Organizational Plan. RMA shall draft an organizational plan identifying steps for the BID. RMA shall present the plan in up to two (2) public meetings. Task 9: Coordinate Process with BID Board/Committee, Property Owners, RSMA arid Government Entities. RMA will coordinate, schedule and attend two BID meetings with the BID Board/Committee, property owners and merchants to present the BID Plan and answer questions and address concerns. Following these meetings, RMA, in consultation with the Client, will recommend whether or not Client should proceed with Phase II which shall not commence without the prior written consent of all three Clients. Page 5 of7 MAXIMUM FEE FOR PHASE I: $15,000 PAYMENT SCHEDULE Phase I of the BID contract to include a final meeting with all property owners to determine their support the BID and if a majority is supportive, a final plan will be presented to all stakeholders, including the City Commission. • $2,500 due upon execution of the agreement; • $2,750 due upon completion of Task 1 (BID Organizational Plan); • $5,700 due upon completion of Task 5 (presentation of the Summary of Findings); • $4,050 due upon completion of Phase I; TOTAL Phase I $15,000 Phase II In the event that Client, and the City specifically, directs Consultant to perform the Phase II Tasks which shall not commence without the prior written consent of all three Clients: • $2,350 due upon completion of Task 9 through 11; • $1,400 due upon completion of Task 12 (election preparation); • $2,250 due upon completion of Task 13 (tabulation of ballots); • $1,450 due upon completion of Phase II (City Commission consideration of assessments) TOTAL Phase II $7,450 In the event that Client, and the City specifically, directs Consultant to perform the Phase III Tasks which shall not commence without the prior written consent of all three Clients: • $3,500 shall be due upon completion of Task 16; • $1,500 shall be due upon completion of Task 17 and delivery of the Final Database to the Client. TOTAL Phase III $5,000 Page 6 of7 MEETINGS Phase I of the BID contract to include a final meeting with all owners to determine the level of support the BID and if a majority is in favor, a final plan will be presented to all stakeholders, including the City Commission. Pursuant to the scope of services, RMA will coordinate and attend the following meetings: • Task la. Client Kick-Off Meeting • Task 1 b: Two (2) Public Meetings • Task 5: Present Summary of Findings on Allocations • Task 8: Two (2) meetings to coordinate BID process • Task 13: Attend City Commission Meetings/Public Hearings at which the is~ue is scheduled for discussion or action. Additional meetings that are not specifically identified in this Scope of Services that are requested by the Client shall be billed at $550 for a Client, or City staff meeting, and $750 for a public meeting. The City shall not be responsible for any separate billing for additional meetings unless the City agrees in writing. AGREED AND ACCEPTED BY: ~or:HOME~ SIgnature: ~--- 8500 SW 8th Street Suite 228 Miami, FI 33141 CHANTS ASSOCIATION 5750 Sunset Drive, South Miami, FL 33143 Christopher . rown, Principal 3109 E. Atlantic Blvd. Pompano Beach, FL 33062 . --C1~e~;~AMI By:~=-__________ , Steven Alexander City Manager Page 7 of7 EXHIBIT 2 Insurance and Indemnification Insurance Requirements Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM- with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase.insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for yfflose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss oruse resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration.as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. CommerCial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount ·of $1,000,000 per claim and $2,000,000 Annual'Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation . (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) PerSonal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,OOO,OOO~00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned VehiCles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the nameofthe CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the prOVisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be· clearly not applicable. Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or poliCies are primary over any other collectible insurance that CITY may have. The 2 i I I I \ I I \ CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be l'a:ted A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance poliCies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a ·certified copy· of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FI RM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: a policy provision or an endorsement with substantially similar provisions as follows: ''The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or ·personal and advertising injurt and It will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage Ba ; a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City. n Indemnification Requirement . A. . The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during "the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and aSSigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property ariSing out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. . C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection ttaerewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omiSSion, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the 3 l I I I I Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to deSign professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design pl'Qfessional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. 4 I .\ I 1/612017 Detail by Entity Name Dj '/G!Di-! of r'r"r;"rl( 'rj,' relf" 'I:r" :_../ ~.J..l'_~ ~.)..! ~~ l_~).... :'J 1111 ojii!'itli ]/fH;' oj nonda lI'!!iJJ'il!' Department of State 1 DiVision Of Corpora~io"s 1 Searcr Reco:ds 1 Detail Bv Document Number 1 Detail by Entity Name Florida Limited Liability Company REDEVELOPMENT MANAGEMENT ASSOCIATES, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address L09000020387 26-4367102 03/0212009 FL ACTIVE 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Changed: 01/25/2016 Mailing Address 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Changed: 01/25/2016 Registered Agent Name & Address BRIESEMEISTER, KIM 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 Authorized Person(s} Detail Name & Address Trtle MGRM METROSTRATEGIES. INC. 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 Title MGRM BROWN, CHRISTOPHER J 218 N.W. 9TH STREET DELRAY BEACH, FL 33444 A ........... ID ................ <- http://search,sunbiz,org/lnquiry/CorporationSearchlSearchResulIDetail?inquirytype=EnlityName&directionType=lnilial&searchNameOrder=REDEVELOPME." 1/2 i I I I I ,r I I I I I I I I i ! I I t I I ! I 1/612017 Report Year 2014 2015 2016 Document Images Filed Date 01/28/2014 01/14/2015 01/25/2016 Detail by Entity Name ,--------_.' _._-----, View image in PDF lo;mal ! 01/2512016 -ANNUAL REPORT 01/1412015 ANNUAL REPORT 01/2812014 ANNUAL REPORT 0211312013 ANNUAL REPORT 01/0612012 ANNUAL REPORT 0312912011 ANNUAL REPORT 0211212010 ~ ANNUAL REPORT View image in PDF Immat View image in PDF formal View image in PDF formal View image in PDF format View'image in PDF format View image in PDF format 03/0212009 Ronda Limited Uabili\y View image in PDF format ------~~--------~ http://search.sunbiz.orgllnquiry/CorporationSearchlSearchResuIIDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=REDEVELOPME... 2J2 2016 FLORIDA LIMITED LIABILITY COMpANY ANNUAL REPORT DOCUMENT# L09000020387 Entity Name: REDEVELOPMENT MANAGEMENT ASSOCIATES, LLC Current Principal Place of Business: 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Current Mailing Address: 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 US FEI Number: 264367102 Name and Address of Current Registered Agent: BRIESEMEISTER, KIM 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 US FILED Jan 25, 2016 Secretary of State CC7508058752 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing i1s registered office or registered agent, or both, in the Stele of Florida. SIGNATURE: electronic Signature of Registered Agent Authorized Person(s) Detail: Title Name Addre66 MGRM METROSTRATEGIES, INC. 2560 SOUTHEAST 7TH DRIVE City-5tate-Zlp: POMPANO BEACH FL 33062 TiUe Name Address MGRM BROWN, CHRISTOPHER J 218 N.W. 9TH STREET City-5tate-Zip: DELRAY BEACH FL 33444 Date I h_y csttJIythal the 1nf000000010ll11fdlcslfld OIl this f8potI or $IIppIemenlal repan I. true IJII(/ BCcure" and lllal my G/oCI1onIc signature shall haw the same I8ga/ etrect a.1I made under oath; /hallam a managing membar or managarof ,Ire IimilBd /iab/Uly company or lire _ or twale. empowot8d /0 """""'" "'is report 80 I8quInH/ by Chap/er 605, R'-Sta/ulBs; and /hal my name appeara above. Of" 011 an S#echmanl with all other like empowered. SIGNATURE: ALICIA ALLEYNE OIR. OF ADMINISTRATION 0112512016 Electronic Signature of Signing Authorized Person{s) Detail Date I I f I I f I , I I j i I I I I ! I ! ! I I ., Downtown South Miami Business Improvement D ~istrict Plan Prepared by Redevelopment Management Associates for Red Sunset Merchants Association South Miami Hometown, Inc. City of South Miami • . Red Sunset Business Improvement District Business Plan Downtown Business Improvement District Plan Table of Contents Introduction ............................................................................................................................ 3 Why Form the South Miami BIDi ............................................................................................ 4 Proposed BID Programs ........................................................................................................... 6 Boundaries and BID Assessment Me~hodology .................................................................... 8 BID Operating Budget ........................................................................................................... 11 Organization and Governance of the BID ......................................................................... 12 Exhibit A -Draft Resolution .................................................................................................... 13 Exhibit B -Draft Letter to Owners ......................................................................................... 17 Exhibit c -Draft Notice to be Published ............................................................................. 18 z RMA ': Red Sunset Business Improvement District Business Plan Introduction What b a Business Improvement DIstrict (BID)? A BID is a legal mechanism for property owners and businesses in a defined geographic area to jointly plan and put in place a sustainable funding source that can pay for a set of services to improve their area. In the case of South Miami BID, the BID's mission envisions programming and benefits to businesses and commercial properties that will include enhanced safety, marketing, advocacy, promotions, and maintenance. BID services will be in addition to services currently provided by the City of South Miami. The South Miami BID will serve as an organizational mechanism to ensure that the management and activities within the South Miami's public space is beneficial not only to the District itself. but also to the City and surrounding residential community. The BID serves as a unified voice and centralized communication center that speaks equally among all of its stakeholders which is of particular importance in building a strong and positive relationship with the City. Importantly, the BID is a critical tool to ensuring that property values continue to rise for all property owners in and around the City of South Miami and a mechanism to help all businesses in the district. The following is a summary of primary characteristics of the South Miami BID,' the detail of which is provided in this Business Plan: Name: South Miami Business Improvement District (BID). Proposed Boundaries: Generally US 1 to the North; Red Road (SW 57th Avenue) to the East; SW 61 st Avenue to tJ:'le West; SW 74th Street to the South. Potential BID Programs: Budget: Method of Marketing, Landscaping & Aesthetics, Special Events, Advocacy, Maintenance and Public Relations. $200,000 annually Assessment: 81ended Methodology of Weighted Linear Front Footage and Total Building Square Feet The basic premise of a BID is that the City agrees to continue to provide a base level of service and that the BID may provide enhanced services, such as extra police protection for expanded special events, maintenance for specialty landscaping, downtown marketing programs, cleaning after special events, while providing for a unified voice to advocate on behalf of the district's stakeholders. 3 RMA Red Sunset Business Improvement District Business Plan Use of these funds will be governed by the Board of Directors cf a new not.,for profit organitation created to oversee the BID. The goard will include property and blJ.sine$$' owners in the district, the City of South Miami and will ensur.e representation of dll interests. The proces.s for establishing the District and ensuring that funds are coltecte€l and properly spent will be governed by Florida statutes, Chapter 170 and b.y El lil agreement between the new not-for profit organizat.ion and the City of SOL!th Mi.~::l'mi. Wh y Form the Sou t-h M ia mi IBI.D? The first BID establi~hed in the, US was in the City of New Orleans in 1974 anc:l , sinc~ ~hem, there ,hp Ve been mme, than 1 ;200 BIDs created nat.iolil d!ly . The· o®htinual growth oJ BIDYs' natio r.f~ide is d' tes'tail'iE;Hil to the suCcess thot mdny of these o r;ganiiGitionsdchieveGl over a long period of time. ~hough gauging success among '&IDs varies grea,tly by commli./njfy, tt-lere are 9.t tef'l common eVdluations inCluding !b ut l'I~t limited to: increased sqles;,~stt~rY@le r-Qocu periiCfy ra tes;' ·rm~fG v.ed pea e stfia rfl 'traffic:;; su'p poft 'fdr rar@er "~vel1'ts·; dn ~j 6r:' iD~i:etlseCl ~fiil e r,rn i)' ,aCtivi t~y . J?eli hdps the mostiA1pon dnt rn~asure, h®w,ever, i;S , J likely lto be ~he increase il'l propertY values within the BID. A Cify-wiQe analysis ,of New YOrk City BIDs indicates , the v alue of Gomme llc/al properties wlfhiri the "8'D'~ poun (l alo/ ,in ~""easfts signiflcgilfly mon~ rQPldly 'hari 6th,r, c9mp~ralJ'e prQpenies In th~ neighborhood. Our e $tlmates $uS1gesf that lmpacls are as large as J 5 percentage points ' Until recently, the utilization of BIDs in Miami [)gc;le County was relatively limit~d. Howev~r, this is quickly changin!;l and the growing interest a!ld need for BIDs i!l our own backyard is clearly evident. Cora'IGables (commonly branded as Downtown Coral Gable,S and Miracle Mile) was among the first BIDs established within the County, which was initially formed in 1997, and has ?ince enacted two successful glD renewol terms ('in 2005 and 2012). The Coo91'lut Grove Bid was formed in 2009, followed by the recently formed Wynwood and Lincoln ~oad BIDs. Additional BIDs have recently been contemplated for the Miami Design District, the MIMO District and Doral Tile and Marble Distric t . I Furman Center Policy Brief: The Benefits of Business Improvement Districts: Evidence from New Yor k City (2007) 4 RMA ft · Red Sunset Business Improvement District Busin~ss Plan The proposed Business Improvement District (BID) could focus on improving the commercial district in the area east of US 1 between Red Road and SW 64th Avenue by actir;lgj tis an advocate for Downtown South Miami, p fomotin§ a new image fer the distfid, a l'il d establishing an annual mar~eting program I n or.qer to compet e withl other South Florida shopping and din'ing destinations. The BID would represent the interests of both prdperty and business owners and provide an ongoing! dedicate.d source of revenue to support BID programs, and to work in part nership with the City for t he enhanvement of the neighborhood fer all SbuJh Miami stal<ieAG>lders. 5 RMA Red Sun~et ~usiness Improvement District Business Plan Proposed BID Programs A Dow.ntown South Miami BID could accomplish these objectives by developing strategies to improve the Downtown area, through advocacy and image-bas,eel markeiiin,g. The 1310's Board of Diredors (hereinafter referred to as "Board" and made up of prQperl'y and business owners as well as a City representative) will determine the BID~:$ operating plan annuqlly based upon priorities and goals agreed upon by the Boara. The fdllewing pr.ovides a sumrtlC1Jry of recommended programs for the first year of BID operQti0,!S. The Board may dmend program ,activities from time to time within the, gensrCiiLGotegories buthorize~ 'by s.tate "law €lnd in the approved dnnual operating 'plan and bua@et. Irinal programs and budgets will be subject to the annual review and approY,el Qf the, BID Board Of Directors. BID P,R~.GRAMS' Markeflll9 Implement programs that identify 0 "prand" for Oowl1tovyn SoytM Miami and promote Image/t;>.r()lnd throLlgh websitE?(s). social media, public relotions, and advert.ising for its businE?sse,s. The henefits of a BID are that it provides er'lhanced buying power, economies of'scale, and serVes as a mechanism for implemer'ltation of these activities GIRd an on'going source of fundin,g. The activities' of the BID would $u'pplement, and WOlJJd not replace, any routine qctivities currently undertaken or flmded by the City (;)f Sou.tt) Mi.G1mi or individuql business owners. Some activities thalt -the BID Gould undertake inc;'lude: .:. Speciql Events .:. Walking Guide / Brochure .:. Website .:. Advertising .:. Social Media and Public Relations .:. Coordination with GMCVB and other md;keting Initiatives Proven success of image-based improvement il'ilitiatives can be s.een in BID districts throughout the nation as well as in the state of Florida, such as the BIDs in Coral Gables (www.shopcoralgables.com) and Naples (www.fifthavenuesouth.com). 6 RMA r Red Sunset Business Improvement District Business Plan Ae'ffteflcs .:. Landscaping .:. Maintenance and upkeep by part-time aID street Personnel -services may include cleaning, litter maintenance, event assistance, visitor/customer assistance, and identification of issues for the City to address. Advocacy .:. More effective communication with City Administration and Elected Officials - work with the City to establish and maintain a baseline of municipal services for the district, especially Security and Sanitation. + Parking -encourage the City to implement "user friendly" parking solutions and explore further the need to create additional parking spaces in the Downtown area, including the possibility of new parking structures. + Future streetscape Improvements -work with the City and County to identify future opportunities for streetscape improvements, capital improvements, lighting and signage. (. Fac;ade Improvements -encourage p~operty and business owners to improve facades and awnings through Miami-Dade "Mom & Pop" Grants and any future funding sources . • ) Downtown Code Enforcement -encourage property and bUSiness owners to work with the· City to identify priority code enforcement issues and effective strategies for improvement. + Zoning -encourage a comprehensive review of zoning code to ensure that commercial and mixed-use zoning is most conducive to increasing business and creating the best business climate/environment. AddmonalOpporlunHy 7 .:. Expansion to include Coral Gables and Unincorporated Miami-Dade County properties east of Red Road to share in the costs, including future Red Road improvements efforts. RMA Red Sonset Business Improvement District Busil'1ess Plan Boundaries and Assessm ,ent Metho,d The prop0sed boundmies are identified in the following map, and I include properties that are locale.d between US 1 and Red Road (SW 57 th Av~nlJe), the north~~ri bbUr:1dary termitiating where Red Road ri1e~ts US 1 and terminatin~ in the ~outh at a~proximately SW 74th 'Street A sigflificant amount of time and thought went into the idemtificdtion of the boundafies and the methodologies, including involvement from the Red Sunset Merchants Association and South Miqmi Hometow-n Inc;;. ~foperty owners association, from downtown property and busifless own~rs, the City of South Miami, and from the professional staff of RMA. The boundaries were chosen based on the immediate needs and can be expanded at a iater date. AuthorRy Chapter 170, Florida Statutes, provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against the property benefited in a retail business district for the purposes of stabilizing and improving such district through promotion, management, marketing and other similar services in such districts. A BID is a special assessment district. The BID assessment will be collected as part of the property tax bill . Assessments can be based upon: • Linear front feet facing a street • Assessed value of the parcels • Parcel area • Building Square Footage 8 ~A Red Sunset Business Impr~vement District Business Plan For the South Miami BID, a blended methodology is being utilized. Under this methodology, 2/3 of the assessment revenue is based on the linear front feet and 1 /3 is based on the total square feet of the building. ·Vacant lots and parking lots without buildings will pay a rate per Unear foot that is 50% of the Unear front foot rate. Owners wHi be assessed based on a combination of total building square feet and the amount of linear feet of street frontage. Linear Foot Methodology The rate per linear foot will depend on the street. Streets have been assigned assessment levels based on the benefit properties on said streets will receive. streets that are the most prominent (SW 72rd and SW 7Jrd Streets) will have the highest rates, based on an allocation that accounts for pedestrian and vehicular traffic and levels of service. • Level A = $12.00 per linear foot • Level B = $10.00 per linear foot • Level C = $7.50 per linear foot • Level 0 = $6.00 per linear foot The assessment for vacant lots and parking lots wiD be 50% of the linear front foot rate for improved properties: • Level A = $6.00 per linear foot • Level B = $5.00 per linear foot • Level C = $3.75 per linear foot • Level D :;;;; $3.00 per linear foot Square Foot Methodology The assessment per square foot of building area is $0.07736. This assessment is only appHed to the square footage within a building that is utHized for commercial activity. Example For example, a 1,500 square foot commercial property located on a 100' x 50' lot, with 50' facing a Level B Street (73rd St.), would pay the following annual assessment: 9 Linear Methodology: 50 feet x $10.00 = $500 Square Foot Methodology: 1 ,SOO sq ft x $0.07736 = $116.04 Total Assessment: $666.04 which amount to $55.50 per month but which is in one lump sum annually RMA Red Sunset Business Improvement District Business Plan Parcels that have less than 300 square feet of bullding/vertical improvements that include space that is leased or occupied for commercial activity shall be assessed as vacant lots. The resulting South Miami BID would be a small district and create a relatively small annual assessment of approximately $200,000 per year. For comparison purposes, the last annual assessment for the Coral Gables BID was approximately $800,000. 10 RMA Red Sunset Business Improvement District _ Level A (Highest Rate) _ LevelB .... LevelC Level D (Lowest Rate) Red Sunset Business Improvement District Study Area Business Plan Proposed BID Operating Budget 11 RMA Red Sunset Business Improvement District Business Plan In order to provide efficiencies and commit the largest amount of funding possible to BID programs, the BID may outsource implementation and administration to a firm that provides similar services to other BIDs, CRAs, and cities, rather than employ full time staff. It is estimated that this approach could reduce administrative costs by $100,000 and allow for the addition of social media and enhanced pubfic relations efforts. A first-year budget for the BID might contain the following components, although a final budget not to exceed $200,000 would be created by the BID Board of Directors once it is formed. Proposed Annual Budget Contracted Staffed Events $8,000 $6,000 Walking Guide $2,500 $0 Website $3,900 $7,200 Advertising $43,000 $43,000 Social Media / PR $33,600 $3,500 Implementation/Contract Marketing Staff $60,000 $0 Total Marketing $133,000 $41,700 Landscape and Upkeep $10,000 $3,300 Personnel (Maint/Sanitation/ Ambassadors) $30,000 $30,000 Total Aesthetics $40,000 $33,300 Executive Director $0 $75,000 Office Space/UtiHties $0 $11,000 Printing and Supplies . $3,000 $3,000 Insurance/Legal $3,600 $3,600 Memberships $1,200 $1,200 Secretary $0 $15,000 Misc $1,200 $1,200 Total Administration $9,000 $110,000 Total BI D Budget $200,000 $200,000 12 RMA Red Sunset Business Improvement District Business Plan BID Organization and Governance Chapter 170, Florida Statutes, provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property benefited in a retail business district for the purposes of stabilizing and improving such district through promotion, management, marketing, and other similar services in such districts. Creation of a BID would require actions approved by the South Miami City Commission. These actions include: • Resolution of the City Commission -This resolution would include the proposed cost of improvements, location of the retail district to be improved, the expense to be paid by special assessments, and when assessments are to be paid. Following approval of the Resolution by City Commission to establish the Special Assessment District, the resolution shall be published and a preliminary assessment roll will be prepared. Upon the completion of the preliminary assessment roll, the City Commission shall, by resolution, set a date, time and place at which interested persons can appear and be heard as to the propriety and · advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount to be assessed against each property affected. A special notice of the meeting shall be mailed to the affected property owners 30 days before the schedule Commission meeting and shall state the amount of the assessment and served by mail on the affected property owners and shall describe the streets and other areas to be improved, that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property and which may be ascertained at the office of the city clerk. Thereafter, the City Commission, as an equalizing board, shall hold hearings to hear and consider any complaints of affected property owners. If any equalizing is to take place it shall be by the adoption of a written resolution of the City Commission. Thereafter, the final assessment roll shall be filed with the City. However, offstreet parking facilities, parking garages, or other similar facilities and mass transportation systems must be approved by vote of a majority of the affected property owners. 13 RMA Red Sunset Business Improvement District Business Plan A Board of Directors of a new not-for-profit organization BID) would manage the BID. According to discussions to date, an example of the composition of a BID Board of Direcors will include 7 voting members, six of whom shall serve staggered three-year terms. ' • 3 property owners from the District*; • 3 business owners from the District; • 1 representative from the City of South Miami (permanent) *At least one representative must be from the Shops at Sunset Place; RMA recommends the Downtown South Miami BID assessment be proposed for an initial period of ten years and be extended for an additional period of ten years upon approval of the City Commission. However, upon receipt of a petition executed by affected property owners representing in excess of fifty percent (50%) of the most recent assessment roll, the Commission may elect to abolish the District. Key to consideration of extension to the District would be its successful implementation of the advocacy, marketing and other BID programs. 14 RMA Red Sunset Business Improvement District Business Plan EXHIBIT A DRAFT RESOLUTION SOUTH MIAMI BUSINESS IMPROVEMENT DISTRICT A RESOLUTION establlshinl a Spedal Assessment District, describing the nature and purpose of the District and designatlnl the area to be improved, the location of the District, portion of the expense to be paid by assessment, when it Is to be paid, lands to be levied, the tota I estimated cost and procedure for creating the District. WHEREAS, pursuant to Chapter 170, Florida Statutes, the City may provide for the imposition and collection of charges In the form of special assessments; and WHEREAS, Chapter 170, Florida Statutes; provides that a municipality, subject to the approval of a majority of the affected property owners, may assess, levy and collect special assessments against property benefited In a retail business district for the purposes of stabiDzing and improving such district through promotion, Improvements, maintenance, management, marketing, and other similar services in such districts; and WHEREAS, a majority of the affected property owners have approved of levy and collect special assessments against property benefited in a retail business district for the purposes of stabilizing and improving such district through promotion, improvements, maintenance, management, marketing, and other similar services in such districts; and WHEREAS, the Business Improvement District concept Is based upon collaboration among the City of South Miami and the Red/Sunset Merchants AssOCiation and South Miami Hometown, Inc., with funding to be generated by special assessments to be levied on affected property owners within the District who will benefit from the establishment of the District, with a majority of affected property owners agreeing to accept the establishment of a Special Assessment District also to be known as the "South Miami Business Improvement District" for the purpose of stablUzing and improving the business activity in the District; and WHEREAS, the development of a Business Improvement District will improve the economic activity of the District for the benefit of affected property owners located within the Assessment Area by providing a means to organize and manage promotions, marketlns, and other similar serviceS on behalf of all properties within the Assessment Area, thereby providing a special benefit to such property; and WHEREAS, the District and the assessment set forth herein will enhance and specially benefit the health, safety and welfare of property owners within the District; and WHEREAS, the Assessments to be Imposed in accordance with this Resolution provides for an equitable method of funding and authorizes District activities by fairly and reasonably allocating the cost to specifically benefited properties; and WHEREAS, the City and the two associations have worked with a contractor, Redevelopment Management Associates, to create an organization plan for a Downtown South Miami Business Improvement District, including boundaries, programs, assessment methodology, and preliminary budget for the District; and WHEREAS, the CIty Commission desires to create the South Miami BusIness Improvement District NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: section 1. Nature of the Improvement. The recitals set forth above concerning the nature of the improvement are hereby adopted by reference as if fully set forth herein and are found to be true and correct. 15 RMA Red Sunset Business Improvement District Business Plan section 2. Description of Area to be Improved. The proposed Assessment Area shallindude the area described in Exhibit 1 attached hereto. The Assessment Area is proposed for the purpose of Improving the business and economic environment, enjoyment of property, and funding the provision of the District benefiting property located therein. The City Commission may expand the Assessment Area, In accordance with the procedures utilized to create the District. section I. Costs to be Paid by Assessment. The entire cost of the District shall be paid by spedal assessment levied against the affected properties that benefit from the activities of the District. Section 4. Manner of AssessInI Property. The rate to be charged the owner for each property In the Business Investment District shall be equal to two thirds of the product of the amount of the property's linear frontage that is facing a street multiplied by the assessment rate for that street and one third of the product of the total square too_e of the building located on the property multiplied by $0.775 for the first year. The rates may chanse at the discretion of the Board of Directors If the proposed expenses for each following year exceed the amount available for collected based on the assessment formula set forth above but In no event shaD the Increase exceed 5" of the previous year's assessment. The rate per linear foot will depend on the street. Streets have been assigned assessment levels based on the benefit properties on said streets wUI receive. Streets that are the most prominent (SW 72nd and SW 73 111 Streets) will have the highest rates, based on an allocation that accounts for pedestrian and vehicular traffic that passes In front of the property and the levels of service provided by the CIty to those properties. o Level A = $12.00 per linear foot o Level B :: $10.00 per linear foot o Level C = $7.so per I1near foot o Level D = $6.00 per linear foot The assessment for vacant lots and parking lots will be SO% of the linear front foot rate for improved properties that face the same streets to which those lots have access: o Level A = $6.00 per linear foot o Level B :: $5.00 per linear foot o Level C:: $3.75 per linear foot o Level D = $3.00 per linear foot The level assigned to a particular roadway has been designated in the attached exhibit 1 to this resolution. parcels that have less than 300 square feet of building/vertical improvements that include space that is leased or occupied for commercial activity shall be assessed as vacant lots. Section s. Imposition of Assessment. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act when available, or by any other lawful means. At the discretion of the CIty, In lieu of using the Uniform Assessment Collection Act. the City may elect to collect the assessment by any other method which Is authorized by law or as provided by this Resolution. If the collection is in the manner authorized by the Uniform Assessment Collection Act, the Statutory Discount Amount shall be computed for each assessed Parcel In the same manner as the amount established by law as the maximum discount for early payment of ad valorem taxes and non-ad valorem or other assessments. Section 6. Lands to be Assessed. All property located within the District shall incur a special assessment In accordance with the forgoing manner of assessment. Section 7. estimated Cost allocated to the Assessment Area for the promotion, management, marketing, 16 RMA Red Sunset Business Improvement District Business Plan maintenance, administration, and similar expenses Is $200,000.00 for the first year beginning October 1, 2016. Section 8. Duration of The District The District shall remain In existence for an initial period of ten (10) years and shall be extended for an additional period of ten (10) years upon approval of the City Commission, provided, however, that upon receipt of a petition executed by Affected Property Owners representing in excess of fifty percent (50%) of the most recent Assessment Roll, CIty Commission may elect to abolish the District. Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held Invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. 17 PASSED AND ADOPTED this __ day of ____ -', 2016. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGAUTY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Edmond: Commissioner Uebman: RMA Red Sl!r:tset Business Improvement Distr ict EXHIBIT A '--- Level A (Highest Rate) LevelS Level C Level 0 (L/?west Rate) Red Sunset Business Improvement District Study Area 18 Business Plan RMA Red Sunset Business Improvement District Business Plan Second resolution may Include the following ASSESSMENT ROLL. The City Manager Is hereby directed to prepare a preliminary Assessment Roll in the manner provided in Chapter 170, Florida Statutes for the Assessment Area. The City Manager shall compute and allocate the Assessments for the District among the parcels of real property within the Assessment Area as reflected on the Tax Roll in conformity with Section 9 hereof. The Assessment Roll shall be maintained on fiie in the offices of the Oty Manager or designee and open to pubUc inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form If the amount of the Assessment for each property can be determined by use of a computer terminal or Internet access available to the public. PUBUC HEARING. A pubDc hearing will be conducted by the Oty Commission at _ p.m. on __ at the City Commission Chambers, to consider imposition ofthe Assessments for the District. NOnCE BY PUBLICATION. Upon completion of the materials required by Section 2 hereof, the City Manager shall publish notices of the pubRc hearing authorized by section 3 hereof in the manner and the time provided in Chapter 170, Florida Statutes. Such notice shall be In substantially the form attached hereto as Exhibit C. NOTICE BY MAIL 19 Upon completion of the preliminary Assessment Roll, the Oty Manager shall, at the time and in the manner specified in Chapter 170, Florida Statutes, provide first class mailed notice of the public hearing authorized by Section 3 hereof to each property owner proposed to be assessed at the address Indicated on the TalC Roll. Such notice shall be in substantially the form attached hereto as exhibit B. RMA Red Sunset Business Improvement District Business Plan EXHIBIT B DRAFT lETTER TO PROPERTY OWNERS Downtown South Miami Property Owner: Beginning in 2013, the Red Sunset Merchant Association and South Miami Hometown, Inc. (South Miami commercial property owners) have had discussions with Downtown property and business owners and city residents to create an organization plan for a proposed Business Improvement District (BID). A final draft of the plan Is attached for your review. The basic premise of a Downtown South Miami BID Is that the City agrees to continue to provide a base level of service to the Downtown area and that enhanced services, such as the advocacy, maintenance and marketing services recommended in the attached BID Plan, are funded through a self-Imposed assessment on the property owners. The BID Plan Includes a preliminary assessment roll, by property, assuming the BID is created and properties are assessed based on a combination of bulldina square feet and linear front feet facing the street. A flnal determination of assessment rates will be made by Resolution of the City Commission. A Resolution to create the Business Improvement District will be placed on the ----J 2016 City Commission agenda. This is a courtesy notice, and I request that a representative from each property contact me as soon as possible so that we can ensure that all property owners are included in the discussion. Piease contact if I can provide further information. Sincerely, Steven Alexander City Manager 20 RMA Red Sunset Business Improvement District Business Plan EXHIBITC DRAFT FORM OF NOnCE TO BE PUBLISHED [INSERT MAP OF Assessment AREA) NOTICE OF HEARING TO IMPOSE' AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE DOWNTOWN SOUTH MIAMI BUSINESS IMPROVEMENT DISTRICT ASSESSMENT AREA Notice Is hereby slven that the CIty Commission of the CIty of South Miami will conduct a public hearing to hear testimony from affected property owners as to the proprlety and advisabiflty of maklns the Improvements and funding them with special assessments on p'roperty and to consider the collection of special assessments within the Downtown South Miami Business Improvement District Assessment Area, through the Imposition of special assessments for the purpose of stabilizing and Improvins retait business throuSh promotion, maintenance, manasement marketing, and other similar activities. The hearins will be held at _ p.m. on ____ , at the City Commission Chamben, 6130 Sunset Drive, South Miami, 33143. All affected property ownen have a right to appear and speak at the hearins and to file written objections with the City Commission. If a person decides to appeal any decision made by the CIty Commission with respect to any matter considered at the hearl .... such person wiD need a recoi'd of the proceedInp and may need to ensure that a verbatim record Is made, Includl ... the testimony and evidence upon which the appeal Is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an Interpreter to participate In this proceeding should contact the City Clerk at 6130 Sunset Drive, South Miami, FL 33143, at least forty-eight (48) hours prior to the date of the hearing. A more specific description of the Improvements and the method of computins the assessment for each parcel of property are set forth In the Initial Assessment Resolution adopted by the City Commission on· • Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at the office of the City Clerk. COmmencing in October 2016, the assessments are anticipated to be coDected throush invokle by the CIty of South Miami Rnanc:e Department. Commenc:lns In October 2017, the assessments are anticipated to be collected on the ad valorem tax bill by the Miami-Dade County Tax Collector, as authorized by Section 197.3632, Florida Statutes. failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The CIty Commission intends to collect the special assessment for a period of five (5) years, with the option for City Commission to renew the assessments for an additional five (5) yean, unless a petition, signed by at least fifty percent (50%) of the property owners within the Assessment Area, is received by City Commission requestlns that the special assessment be terminated. City Commission may then terminate the assessment. If you have any questions, please contact ____ ' 21 RMA