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HomeMy WebLinkAboutResolution 2026-34335RESOLUTION NO. 2026-34335 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT AS PERMITTED IN SECTION 2- 367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL FORM, A NEW CONCESSION AGREEMENT BETWEEN THE CITY AND THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. FOR THE MANAGEMENT AND OPERATION OF THE FRENCH MARKET AT SOUTH POINTE PARK, HAVING AN INITIAL TERM OF THREE (3) YEARS, COMMENCING RETROACTIVELY ON OCTOBER 1, 2025 AND EXPIRING ON SEPTEMBER 30, 2028, WITH TWO (2) ONE-YEAR RENEWAL TERMS AT THE CITY'S OPTION; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, on February 3, 2025, the Mayor and City Commission referred a discussion item to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC°) to explore establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program; and WHEREAS, on March 19, 2025, the Mayor and City Commission adopted Resolution No. 2025-33566, accepting the recommendation of the PSNQLC and authorizing the City Manager to negotiate and execute a Concession Agreement with the French American Association of Crafts & Trades Corp. ("FAACT FL Chapter") for the management and operation of the French Market during the six-month pilot program commencing April 6, 2025, providing for the waiver of payment of a Concession Fee to the City during the term of the pilot program; and WHEREAS, Resolution No. 2025-33566 further authorized the City Commission to waive the formal competitive bidding requirements and approve an extended term with modified business terms should the pilot program prove successful; and WHEREAS, the French Market has been successfully hosted at South Pointe Park since April 2025, featuring local and French artisans, supporting women -owned small businesses, and providing a culturally vibrant community experience without interfering with normal park operations or violating the Operational Guidelines for South Pointe Park established under Resolution No. 2010-27375; and WHEREAS, the FAACT FL Chapter has demonstrated a strong track record of managing similar events, including the Thanksgiving French Market at Sunset Harbour in November 2023 and a market hosted by the City of Coral Gables in February 2025; and WHEREAS, the Administration has evaluated the performance of the pilot program and determined that the French Market has met or exceeded expectations, providing cultural, economic, and community benefits to residents and visitors; and WHEREAS, based on the success of the pilot program, the Administration recommends approving, in substantial form, a new Concession Agreement ("Agreement") with FAACT FL Chapter, a draft copy of which is attached as Exhibit "D" to the City Commission Memorandum accompanying this Resolution, for continued operation of the French Market, containing the following business terms: • A new initial three-year term beginning retroactively on October 1, 2025 and expiring on September 30, 2028; • Two, one-year renewal options at the City's option, to be exercised at the City Manager's discretion; • Waiver of Concession Fees to the City during the term; • Operation during the first Sunday of every month with a maximum of 30 10'x10' tents organized at the South Pointe Park Washington Avenue entry plaza; and • Updated language regarding placement of facilities, operating hours, and vehicles on public rights -of -way; and WHEREAS, based upon the success of the pilot program, the City Manager recommends that the Mayor and City Commission do the following: (i) waive, by 5/7th vote, the formal competitive bidding requirement as permitted in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and (ii) approve, in substantial form, the proposed new Agreement between the City and FAACT FL Chapter for the management and operation of the French Market at South Pointe Park. 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 waive, by 5/7th vote, the formal competitive bidding requirement as permitted in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City; and approve, in substantial form, a new Concession Agreement between the City and the French American Association of Crafts & Trades Corp. for the management and operation of the French Market at South Pointe Park, having an initial term of three (3) years, commencing retroactively on October 1, 2025 and expiring on September 30, 2028, with two (2) one-year renewal terms at the City's option; further, authorize the City Manager to finalize the Agreement; and further, authorize the City Manager and City Clerk to execute the Agreement. PASSED and ADOPTED this ON day of ✓ uhe__2026. Steven Meiner, Mayor ATTEST: _N JUN 2 6 2026 Rafael E. Gr nado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION sl) 3 )-zoz� City Attorney��ate Resolutions - R7 E MIAMI BEACH COMMISSION MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: June 24, 2026 TITLE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT AS PERMITTED IN SECTION 2- 367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY: AND APPROVING, IN SUBSTANTIAL FORM, A NEW CONCESSION AGREEMENT BETWEEN THE CITY AND THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. FOR THE MANAGEMENT AND OPERATION OF THE FRENCH MARKET AT SOUTH POINTE PARK, HAVING AN INITIAL TERM OF THREE (3) YEARS. COMMENCING RETROACTIVELY ON OCTOBER 1, 2025 AND EXPIRING ON SEPTEMBER 30, 2028. WITH TWO (2) ONE-YEAR RENEWAL TERMS AT THE CITY'S OPTION: FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT: AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration supports the extension of the concession agreement between the City of Miami Beach and the French American Association of Crafts and Trades Corp (FAACT FL Chapter) for the operation and management of the French Market at South Pointe Park based on the successful implementation of the pilot program established in April of 2025. The Administration further recommends waiving the competitive bidding requirement. finding such waiver to be in the best interest of the city and approving the extension of the concession agreement for an extended term with modified business terms to include the new term for an initial three-year period beginning retroactively on October 1, 2025 and providing for two, one-year renewals at the City Manager's discretion, in addition to including updated language on placement of facilities, operating hours, and vehicles on public right of ways. BACKGROUND/HISTORY During the February 3, 2025 City Commission meeting, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred a discussion item to the Public Safety and Neighborhood Quality of Life Committee (­PSNQLC­), to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program. (Exhibit A) At the March 19, 2025 City Commission meeting, the Mayor and City Commission adopted Resolution No 2025-33566, accepting the recommendation of the Public Safety and Neighborhood Quality of Life Committee and authorizing the City Manager to negotiate and execute a Concession Agreement between the City and the French American Association of Crafts & Trades Corp. for the management and operation of a French Market at South Pointe Park, Washington Avenue entry plaza, during a six -moth pilot program, commencing on April 6, 2025, and waiving payment of concession fees to the City during the Pilot Program: and 1490 of 2591 authorizing the City Commission of the City of Miami Beach to waive the formal competitive bidding requirements, as set forth in Section 2-367(e) of the City Code, and approve an extended term with modified business terms should the Pilot Program be successful. (Exhibit B) ANALYSIS The French Market has been successfully hosted at South Pointe Park since Apnl of 2025 by the FAACT FL Chapter, a Florida not for profit corporation. The French Market features a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services Additionally, the market proudly supports women artisans. many of whom rely on markets like these for their livelihood. The French Market offers a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. The FAACT FL Chapter has a proven track record hosting similar events in nature such as the Thanksgiving French Market at Sunset Harbor in November 2023.. and an additional market hosted by the City of Coral Gables in February of 2025. Before the implementation of the pilot program at South Pointe Park, the concept of the French Market was presented at the February 20. 2025, SOFNA meeting, and gained full support from the association. The French Market is held on the first Sunday of every month with a maximum of 30 10'x10 tents organized at the South Pointe Park Washington Avenue entry plaza. The market does not go against any of the Operational Guidelines for South Pointe Park, as approved via Resolution No. 2010-27375 and does not interfere with normal park operations. (Exhibit C) As per Resolution No 2025-33566, during the pilot, the agreement provided for the waiver of the concession fees to the city, and based on the success of the pilot program, the City Commission may approve an extended term with modified business terms. FISCAL IMPACT STATEMENT All rental fees associated with use of the space at South Pointe Park will be waived. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: littps://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N, A CONCLUSION The Administration recommends the adoption of the Resolution. 1491 of 2591 Attachments: Exhibit A — Referral Memo from February 3, 2025, Commission Meeting Item C4 M Exhibit B — Resolution No. 2025-33566 Exhibit C — Resolution No. 2010-27375 Exhibit D — Concession Agreement French Market Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Parks, Facilities, Fleet & Beaches Sponsor(s) Co-sponsor(s) Condensed Title Accept Rec/Waive Bid/Extend Concession Agmt, French Market at S Pointe Park. PFFB 5/7 Previous Action (For City Clerk Use Only) 1492 of 2591 C4 M REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE — DISCUSS ESTABLISHING FRENCH MARKETAT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA, Applicable Area: 1493 of 2591 Committee Referrals - C4 M MIA/01 BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: February 3, 2025 TITLE: REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE — DISCUSS ESTABLISHING A FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA. RECOMMENDATION BACKGROUND/HISTORY Please place on the February 3, 2025 agenda a referral to the Public Safety and Neighborhood Quality of Life Committee (the "Committee") to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program. The proposed French Market would be hosted by the French American Association of Crafts and Trades (FAACT FL Chapter) and would feature a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services. Additionally, the market would proudly support women artisans, many of whom rely on markets like these for their livelihood. The French Market would offer a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. Given the potential benefits, a waiver of the requirement to issue a competitive solicitation would be desirable to ensure a smooth and timely implementation of the event. The Administration should be prepared to present to the Committee an evaluation of the proposed market, including logistics and any necessary support to be provided by the City for the successful execution of this pilot program. ANALYSIS FISCAL IMPACT STATEMENT NA Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ 1494 of 2591 FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Office of Commissioner Kristen Rosen Gonzalez Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title Ref: PSNQLC - Establish French Market at S Pointe Park Washington Ave Entry Plaza. (Rosen Gonzalez) Previous Action (For City Clerk Use Only) 1495 of 2591 RESOLUTION NO. 2025-33566 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12, 2025 MEETING, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONCESSION AGREEMENT WITH THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. (CONCESSIONAIRE) FOR THE MANAGEMENT AND OPERATION OF A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA, DURING A SIX-MONTH PILOT PROGRAM, COMMENCING ON APRIL 6, 2025; SAID AGREEMENT PROVIDING FOR THE WAIVER OF CONCESSION FEES TO THE CITY DURING THE TERM OF THE PILOT PROGRAM; AND SHOULD THE PILOT PROGRAM BE SUCCESSFUL, THE CITY COMMISSION MAY APPROVE AN EXTENDED TERM WITH MODIFIED BUSINESS TERMS. WHEREAS, at the February 3, 2025, City Commission meeting, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred a discussion .tem to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to explore the feasibility of establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program; and WHEREAS, the proposed French Market would be hosted by the Florida chapter of the French American Association of Crafts & Trades, Corp. ("FAACT"), a Florida not -for -profit corporation, and would feature a diverse selection of local and French artisans offering handmade goods, including French pastries, jewelry, accessories, and other artisanal products; and WHEREAS, the market would support women artisans, many of whom depend on markets like these for their livelihood, while also providing a unique cultural experience that promotes local businesses and fosters community engagement; and WHEREAS, the FAACT FL Chapter has previously demonstrated its ability to organize successful French Market events, including the Thanksgiving French Market at Sunset Harbour in November 2023 and its most recent market hosted by the City of Coral Gables on February 23, 2025, at 150 Miracle Mile; and WHEREAS, the FAACT FL Chapter has engaged with the City's Parks and Recreation Department and the South of Fifth Neighborhood Association (SOFNA), receiving full support from SOFNA during its February 20, 2025, meeting for the establishment of a French Market at the South Pointe Park Washington Avenue entry plaza; and WHEREAS, the French Market would be held on the first Sunday of each month, beginning on April 6, 2025, with a maximum of 30 10'x10' tents arranged at the plaza; and WHEREAS, the proposed French Market is consistent with the Operational Guidelines for South Pointe Park, as approved via Resolution No. 2010-27375, and would not interfere with normal park operations; and 1496 of 2591 WHEREAS, at its March 12, 2025 meeting, PSNQLC members discussed and adopted a unanimous motion with favorable recommendation to the City Commission, recommending that the City Commission establish a six-month pilot program for a monthly French Market at the South Pointe Park Washington Avenue entry plaza, hosted by the FAACT FL Chapter, commencing on April 6, 2025, with all concessions fees waived; and WHEREAS, the City Manager recommends executing a Concession Agreement for the six-month pilot program, including the waiver of Concession fees to the City during the term of the pilot program; and should the pilot program be successful, the City Commission may approve an extended term with modified business terms, pursuant to a waiver, by 5/7t' vote, of the formal competitive bidding requirement, as authorized in Section 2-367(e) of the City Code.. 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 recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its March 12, 2025 meeting, and authorize the City Manager to negotiate and execute a Concession Agreement with the French American Association of Crafts & Trades Corp. (Concessionaire) for the management and operation of a monthly French market at the South Pointe Park Washington Avenue entry plaza, during a six-month pilot program, commencing on April 6, 2025; said Agreement providing for the waiver of Concession fees to the City during term of the pilot program; and should the pilot program be successful, the City Commission may approve an extended term with modified business terms. PASSED and ADOPTED this /4 day of m4rcA 2025. ATTEST: MAR 2 Q 2025 Rafa E. Granado, City Clerk even Meiner, Mayor (Sponsored by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CKPWxney 31� � 1497 of 2591 Resolutions - C7 MIAMI BEACH COMMISSION MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager , DATE. March 19, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12, 2025 MEETING. AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONCESSION AGREEMENT WITH THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. (CONCESSIONAIRE) FOR THE MANAGEMENT AND OPERATION OF A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA. DURING A SIX-MONTH PILOT PROGRAM, COMMENCING ON APRIL 6. 2025: SAID AGREEMENT PROVIDING FOR THE WAIVER OF CONCESSION FEES TO THE CITY DURING THE TERM OF THE PILOT PROGRAM; AND SHOULD THE PILOT PROGRAM BE SUCCESSFUL, THE CITY COMMISSION MAY APPROVE AN EXTENDED TERM WITH MODIFIED BUSINESS TERMS. RECOMMENDATION Accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its March 12, 2025 meeting, and authorize the City Manager to negotiate and execute a Concession Agreement with the French American Association of Crafts & Trades Corp. ("FAACT �71_ Chapter'), for the management and operation of a monthly French market at the South Pointe mark Washington Avenue entry plaza, during a six-month pilot program, commencing on April 6, 2025; said Agreement providing for the waiver of Concession fees to the City during term of the pilot program, and should the pilot program be successful, the City Commission may approve an extended term with modified business terms. BACKGROUNDIHISTORY During the February 3, 2025 City Commission meeting, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred a discussion item to the Public Safety and Neighborhood Quality of Life Committee ("PSNOLC"), to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a s;x-month pilot program. (Exhibit A) During the March 12, 2025 PSNQLC meeting, the item was discussed and a representative from the FAACT FL Chapter was present. The Committee made a favorable recommendation to the Commission meeting scheduled for March 19, 2025. The first market will take place on Sunday, April 6, 2025. ANALYSIS The proposed French Market would be hosted by the FAACT FL Chapter, a Florida not for profit corporation. The French Market would feature a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services. Additionally, the market would proudly support women artisans, many of whom rely on 1498 of 2591 markets like these for their livelihood. The French Market would offer a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. Given the potential benefits, a waiver of the requirement to issue a competitive solicitation would be desirable to ensure a smooth and timely implementation of the event. In the past, the FAACT FL Chapter held a Thanksgiving French Market at Sunset Harbour in November 2023. The event offered a little slice of France in Miami Beach as visitors strolled through the stalls, met the artisans, and enjoyed a day of French culture and charm. Their most recent market was hosted by the City of Coral Gables on February 23, 2025 at 150 Miracle Mile. The FAACT FL Chapter has met with the Parks and Recreation Department (the "Department") and with the South of Fifth Neighborhood Association (SOFNA). During the February 20, 2025 SOFNA meeting, the idea of hosting a French Market at the South Pointe Park Washington Avenue entry plaza gained full support from the association. The Parks and Recreation Department is proposing the French Market be held on the first Sunday of every month beginning on Sunday, April 6, 2025. The market will have a maximum of 30 10'x10' tents organized at the South Pointe Park Washington Avenue entry plaza. The rental does not go against any of the Operational Guidelines for South Pointe Park, as approved via Resolution No. 2010-27375 (Exhibit B) and will not interfere with normal park operations. As per Resolution No. 2022-24731(Exhibit C), if the pilot is approved, the Department will waive the first three (3) rental fees as the FAACT FL Chapter is a non-profit organization, and is requesting that the fees be waived for the remaining months of the pilot as well. Upon the City Commission approval, the City Manager will negotiate and execute a Concession Agreement with the FAACT FL Chapter, for the management and operation of a monthly French market at the South Pointe Park Washington Avenue entry plaza for a six-month pilot program, commencing on April 6, 2025. Should the pilot program be successful, the City Commission may approve an extended term with modified business terms. FISCAL IMPACT STATEMENT The Parks and Recreation Department will waive the first three (3) rental fees as the FAACT FL Chapter is a non-profit organization, and is requesting that the fees be waived for the remaining months of the pilot as well. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https:lfwww.miamibeachfi.00v/city-hall/city-clerk/meeting-noticest FINANCIAL INFORMATION N/A CONCLUSION If the pilot program for the monthly French Market is approved, the Administration will work with the FAACT FL Chapter ensure the event is organized and marketed to the public. 1499 of 2591 Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? No Was this Auenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal ensaasaed in lobbyinsa? No If so, specify the name of lobbyist(s) and principal(s): Department Parks and Recreation Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title Accept PSNQLC Recommendation - French Market at South Pointe Park Washington Ave Entry Plaza (Rosen Gonzalez) Previous Action (For City Clerk Use Only) February 3, 2025 Commission Meeting Item C4 M 1500 of 2591 Committee Referrals - C4 M MIAMI BEACH COMMISSION MEMORANDUM TO- Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE, February 3, 2025 TITLE. REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE — DISCUSS ESTABLISHING A FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA. RECOMMENDATION BACKGROUND/HISTORY Please place on the February 3, 2025 agenda a referral to the Public Safety and Neighborhood Quality of Life Committee (the 'Committee") to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program. The proposed French Market would be hosted by the French American Association of Crafts and Trades (FAACT FL Chapter) and would feature a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services. Additionally, the market would proudly support women artisans, many of whom rely on markets like these for their livelihood. The French Market would offer a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. Given the potential benefits, a waiver of the requirement to issue a competitive solicitation would be desirable to ensure a smooth and timely implementation of the event. The Administration should be prepared to present to the Committee an evaluation of the proposed market, including logistics and any necessary support to be provided by the City for the successful execution of this pilot program ANALYSIS FISCAL IMPACT STATEMENT NA Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-halUcity-clerk/meeting-notices/ 1501 of 2591 FINANCIAL INFORMATION CONCLUSION Avolicable Area Citywide Is this a "Residents Riaht to Knov/' item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond roiect? No Was this Agenda Item initially reauested by a lobbyist which, as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Office of Commissioner Kristen Rosen Gonzalez Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsors) Condensed Title Ref: PSNQLC - Establish French Market at S Pointe Park Washington Ave Entry Plaza. (Rosen Gonzalez) Previous Action (For City Clerk Use Only) 1502 of 2591 RESOLUTION NO. 2010-27375 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER (COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND CITY -PRODUCED SPECIAL EVENTS IN THE PARK AS RECOMMENDED, IN PART, BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. WHEREAS, the initial discussion concerning the operational issues of the newly reconstructed South Pointe Park (the 'Park") was held on February 17, 2009, at the Neighborhood/Community Affairs Committee meeting; and WHEREAS, the Administration requested direction and guidance on pendirg issues that would ultimately shape the future uses of the Park including, but not limited, to such matters as park hours, facility and field rentals motorized and non -motorized vehicles in the park, programming and special events: and WHEREAS, on May 12, 2009, a community meeting was held at the South Pointe Park community room to gain additional input from the residents as to operational issues; and WHEREAS, on June 17. 2009, the proposed operational guidelines were discussed at the Neighborhood/Community Affairs Committee (the "NCAC") where input from the residents was received, and WHEREAS, following its discussion the NCAC moved the following Operational Guidelines to the City Commission with a recommendation for approval: • Park Hours: Establish the hours as recommended previously, which is sunrise to 10-OOpm for the Park, with the hours of the cut walk mirroring the hours of Smith and Wollensky's. • Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway Bicycles and skateboards to be permitted in all other pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles it the parts. • Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier re -opens, and then only from the pier • Recreational Center ("Community Room") Rental; Rentals of the recreational center will be permitted for single events and under specific terms and conditions and when the center is available (un-programmed) by the park. There will be no alcohol permitted, amplified music is permitted, but only from 10:00 a.m. to 8.-00 p.m ; cannot violate the noise ordinance; and the doors must be closed dunng amplified music. Renters cannot charge adm ssion. The proposed rental fees would be in accordance with rental rates approved and established for interior building rentals in our parks system, as approved 1503 of 2591 by the City Commission in 2003. Please note :hat 'resident rates" refers to Miami -Dade County residents. • Playground Rental: No rentals of the playground area are allowed as it is too heavily used. • Field Rental: No rental of the fields is allowed. • Pavilion (rooftop) Rental: No rental of the pavilion is allowed. • City -Produced Special Events: City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City department develop for the purpose of provding recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. These city -produced events are limited to no more than six (6) per fiscal year and would have priority over any non -city produced special events No city produced special event can extend longer than two days n duration (setup and removal may not exceed two additional days); setup and removal cannot restrict public access to the park any live or amplified sound is to face south and not begin earlier than 10 00am and conclude by 10:00 p.m.; no alcohol is permitted, and WHEREAS, the issue of permitting non -City produced special events in South Pointe Park was referred to the City Commission without recommendation, and WHEREAS, the South Pointe Park Operatioial Guidelines item was first included in the July 15, 2009 Commission agenda, but it was not reached and was then included in subsequent agendas and, at the December 91" meeting it was recommended that in deference to our new Commissioners, the item be referred back to the NCAC for discussion; and WHEREAS, the South Pointe Park operational guidelines item was referred back to the February 16, 2010 NCAC meeting where the Administration presented the background and history of the issue and restateo ;ts agreement and support of the previously discussed operational recommendations/ guidelines; and WHEREAS, at its meeting on February 16 2010, the NCAC members held a comprehensive discussion of the issues and supported the previously recommended operational guidelines for: • Park Hours • Bicycles, Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center ("Community Room") Rental • Playground Rental • Pavilion (rooftop) Rentals, and WHEREAS, the NCAC recommended that Field Rentals should be available under controlled conditions, and WHEREAS, as a result of NCAC direction, the Administration developed the following conditions for Field Rentals at South Pointe Park: The east lawn would not be available for field rentals, Field rentals would only be available for non-league, non -organized play or small scale private/non-commercial events (fewer than 100 persons) that do not require temporary 1504 of 2591 structures (e.g. tents requiring pe,mits) or other supports that would require a special event permit, • Field rentals would be available during the hours of 10:00 a.m. and 6:00 p.m. weekdays (Monday — Thursday) only; • There would be no field rentals on weekends (Friday — Sunday) or on holidays, and no field rental would be permitted if there is an approved special event occurring at the park on the requested day, • Fie d rentals would be for private events not open to the general public; • Any field rental is for a maximum four (4) hour duration, including set-up and removal; • There can be no sales/service/ccnsumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met. • No live entertainment or amplified sound. It is recommended that field rental fees be in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami- Dade County) Non -Resident No Admission Fee No Admission Fee Day: $150.00 $300.00 Additional costs for field rentals nclude staffing at $25.00 per hour per staff for a four hour i minimum, with the number of staff to be determined by the Parks and Recreation Department. Insurance, janitorial, and/or other direct costs are not included in the field rental amount; and WHEREAS, the NCAC further recommended that the following categories of special events be permitted under specific terms and conditions: I) City -Produced Special Events As previously defined, City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City department develops for the purpose of providing recreational, educational and/or cultural entertainment to the gereral public, primarily focused for our residents. Examples include, but not are limited, to Movie in the Park, Arts in the Park or other activity offered by the City • The total number of city -produced events would be six (6) per fiscal year, City -produced special events will have priority over non -city special events, • No City sponsored special event will extend more than two (2) days in duration. Set up and removal may not exceec two (2) additional days in total, • Setup and removal cannot restrict public access to the park; • No sales/service/consumption of alcohol is permitted; • Any live entertainment/amplified sound • Must face south May not begin before 10:00 a.m. Must conclude by 10:00 p.m. (unless it is a "Movie in the Park") 1505 of 2591 11) Non -City Produced Special Events Nor -City produced special events were discussed as two types: those with a recreational purpose, and those for entertainment/other. For purposes of the NCAC meeting, staff had identified a non -city -produced "special event" as any organized event that anticipates the attendance of more than 100 persons, or any event that requires a set up beyond that which would be permitted as part of the typical use of a public park or which could be accommodated by a field rental (e.g. a 90-person private picnic that requires permitted tents, an event on a Saturday). A) Non -City produced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk, etc. These events were generally well -received and the general consensus among NCAC members and residents present at the meeting was that they should be permitted (although certainly with the expectation that they would follow special events guidelines). The city would consider recreational events, such as the Barefoot Mailmnan walk, a rreeting point for a triathlon, etc. on a case -by -case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park. These recreational special events would be submitted via the Special Events process, as well, but would not be included within any limit on the number imposed for non -city events, should non -recreational special events be permitted. There can be no salesiservice or consumption of alcoholic beverages. No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. B) Non -City produced/non-recreational special events These special events are non -recreational events such as weddings or concerts, or any other event that could not occur via a field rental (e.g. day of week, i lumber of how s, placement of structures, etc ). Staff discussed the unique qualities of this park, and the neighborhood concerns relating to non -City produced/non-recreational special events, and deve'oped parameters for the NCAC's consideration should these be permitted at South Pointe Park. These conditions would be in addition to any and al/ current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these included • The east lawn would not be available for non -City special events, • The total number and frequency of non -City, non -recreational special events in a year should be limited. The example provided for the committee was no more than six (6) per Fiscal year, no more than two (2) non -City, non -recreational special events in a single month, and no more than one (1) non -City, non - recreational special event per week, • For purposes of this limitation, this limit would relate to non -city. non -recreational special events to include, but not limited to, weddings, concerts, etc., • No permitted non -City, non -recreational special event would extend more than one day in duration Set-up and removal may not exceed two (2) days in total; • No non -City, non -recreational special event can be permitted that anticipated an attendance in excess of 500 persons, No non -City special event would operate past the park's established closirg hour of %00 p.m, and could not begin earlier than 10.00 a.m.; 1506 of 2591 No amplified sound or live entertainment is permitted, however, the use of loudspeakers for event management is allowed, provided that such use is in compliance with the City's Noise Ordinance, No sales/service/consumption of alcoholic beverages. and WHEREAS, following the discussion of special events, the NCAC recommended that City Produced Special Events be permitted as proposed with the conditions set forth herein, and Non -City Produced Special Events (including Recreational and Non -Recreational activities) be permitted with the conditions set forth herein, with the exception that the proposed frequency of no more than six (6) per fiscal year While staff had proffered no more than six (6) non -city, non -recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non -city special events in a single month, and no more than one (1) non -city special event per week), and report to back to the City Commission after a six (6) month perioo, and WHEREAS, at its meeting on April 14, 2010, the City Commission reviewed the recommendations of the NCAC and approved the following Operational Guidelines for South Point Park: • Park Hours: Park Sunrise to 10 00 p.m CutNalk. Sunrise to 2:00 a.m. • Bicycles and Skateboards: Permitted on paved walkways only, excluding the elevated portion of serpentine walkway. • Motorized Vehicles: Prohibited except for officially authorized government and government contractor vehicles. • Fishing or Swimming: Prohibited in the park. • Facility Rental (Community Room in Pavilion Building): Available when not programmed for public use No sales/service/consumption of alcoholic beverage permitted. Amplified sound/live entertainment permitted inside between 10 00 a.m. and 8 00 p.m. (with doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits. • Playground/Tot lot: Rentals not permitted for playground area or adjacent areas with tables • Pavilion: Pavilion rooftop rentals are not permitted. • City -Produced Special Events: o Permitted Use. Cultural or recreational events (or other events) produced or sponsored by the City, open to the general public. o Location: Use areas not restricted. mostly use west lawn o Frequency. Max of six per fiscal year, max two days per event plus max two days set up and removal per event; setup and removal may not restrict public access to the park. o Hours/Duration of Event: Consistent with Park Hours o Alcoholic Beverages_ No sales/service/consumption of alcoholic beverages permitted. o Amplified Sound/Live Entertainment: Permitted from 10.00 a m. to 10 00 p.m. (or later to accommodate a "Movie in the Park") Speakers must face South Cannot exceed noise ordinance. 1507 of 2591 NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby approve and adopt the Operational Guidelines for South Pointe Park set forth herein relating to the park hours, bicycles, and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and City -produced special events in the park, as recommended, in part, by the NCAC at its meeting of February 16, 2010. PASSED and ADOPTED this 14 day of April, 2010. ATTEST: R ael E. Granad , CityJerk AF'F't+RJv[LJ r a w FORM & LANGUAGE UTION cw v LW-i M_"im T +AGENDA1201004A 141Regularl Amended Resolution - Establishment of Sojth Pointe Park Operational Guidelines (Revised on 5-7-15 VP).doc 1508 of 2591 PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 4/1411o) GENERAL PARK HOURS Park: Sunrise to 10:00 p.m. Cutwalk: Sunrise to 2:00 a.m. BICYCLES & SKATEBOARDS Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. MOTORIZED VEHICLES Prohibited except for officially authorized government and government contractor vehicles. FISHING OR SWIMMING Prohibited in the park. FACILITY RENTAL Available when not programmed for public use. No sales/service/consumption of alcoholic beverage (Community Room in Pavilion permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with Building) doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; PLAYGROUND/TOT LOT Rentals not permitted for playground area or adjacent areas with tables. PAVILION Pavilion rooftop rentals are not permitted. SPECIAL EVENTS TYPE CITY -PRODUCED SPECIAL EVENTS Cultural or recreational events (or other events) PERMITTED USE produced or sponsored by the City; open to the general public. LOCATION Use areas not restricted; mostly use west lawn. FREQUENCY Max of six per fiscal year Max. two days per event plus max. two days set up and removal per event; setup & removal may not restrict public access to the park. HOURS/DURATION Consistent with Park hours OF EVENT ALCOHOLIC No sales/service/ consumption of alcoholic beverages BEVERAGES permitted. AMPLIFIED Permitted from 10:00 am to 10:00 pm (or later to SOUND/LIVE accommodate a "Movie in the Park") ENTERTAINMENT a Speakers must face south a Cannot exceed noise ordinance TAGENDA\20101April 14Ulcgularl Esaablishmcnt of South Pcinte Paik Operational Guidelines Chan (Rcvi3cd on 5-7 15 VP) doc 1509 of 2591 COMMISSION ITEM SUMMARY Condensed Title: A Resolution, approving and adopting the basic operational guidelines for South Pointe Park relating to park hours, bicycles and skateboards, motorized vehicles. fishing and swimming in the park, rental of the recreational center, fields and pavilion (rooftop) and special events as recommended by the Neighborhoods/Community Affairs Committee on February 16, 2010. Key Intended Outcome Supported: Increase Satisfaction with Recreational Programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84 9% of residents rated the City's Recreation programs as either excellent or good. lssus: Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: The Initial discussion concerning the operational issues of the newly reconstructed South Pointe Park was held on February 17, 2009, at the Neighborhoods/ Community Affairs Committee meeting. The Administration requested direction on issues such as park hours, facility and field rentals, motorized and non -motorized vehicles in the park, programming and special events. Subsequent meetings with the community and the Neighborhoods/ Community Affairs Committee were held over the next several months to gain additional input from the residents and Commission related to the operational issues resulting in recommendations from the Committee being forwarded to the full Commission. The item was first Included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas. At the December 91" meeting it was recommended that in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion. At the December 9, 2009 Commission meeting, the item was referred to the February 16, 2010 Neighborhoods/Community Affairs Committee meeting to allow the new Commissioners to understand the issues under consideration. At the meeting the Administration presented the background and history of the issue. The Neighborhoods/rommlmity Affair-, rommittee members held a comprehensive discussion and supported the previously recommended operational guidelines for Park Hours, Bicycles, Skateboards, Motorized Vehicles, Fishing and Swimming in the Park, Recreational r entAr ('Community Room') Rental, Playground Rental and Pavilion (rooftop) Rentals. However, the Committee recommended that Field Rentals and a limited number of Special Events should be permitted under specific conditions, and as noted in the attached. It is recommended that the Commission approve the proposed operational guidelines for South Pointe Park Advisory Board Recommendation: Discussed and/or recommended by the Neighborhoods/ Community Affairs Committee on February 17, 2009, June I 17, 2009 February 16, 2010. Financial Information: Source of l J Amount Account Funds: 1 2 - OBPI Total Financial Impact Summary: Field Rentals and (:ommunity Room rentals shall generate revenue for tt•►e City Clerk's Office Legislative Tracking: Kevin Smith, Parks & Recreation Director Sian -Offs: Department Director i Assi nt City Manager City Manager KS 0 TMGENDAVC10Wpril WRegulaiOEstabhshment or South,Poirte Park Operational Guidelines Simmary.doc ® MIAMIBEACH - `- AGENDA ITEM ® 1510 of 2591 DATE M-C MIAMBEACH City of Miami Beach, 1700 Comr Mon Carter Drive, Miami Bench, Florida 33 139, www miamibeocrF-gov COMMISSION MEMORANDUM TO: M r M i Herr a Bower a embers of the City Commission � 1<� onz FROM. orge M. Gonzalez, City Mana DATE: April 14, 2010 SUB;ECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE BASIC OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER (COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND SPECIAL EVENTS IN THE PARK AS RECOMMENDED BY THE NEIGHBORHOODS/ COMMUNITY AFFAIRS COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. BACKGROUND The initial discussion concerning the operational issues of the newly reconstructed SOLth Pointe Park was held on February 17, 2009, at the Neighborhoods/ Community Affairs Committee meeting, prior to the opening of the park The discussion focused on a number of issues, including the park's proposed maintenance, secunty and programming plans, and the assigned responsibilities of various departments contributing to the successful operations of the new South Pointe Park. The Administration also requested direction and guidance on pending issues that would ultimately shape the future uses of the park. These included, but were not limited, to such matters as park hours, facility and field rentals, motorized and non -motorized vehicles in the park, programming and special events. On May 12, 2009, a community meeting was held at the South Pointe Park community room. The purpose of the meeting was to gain additional input from the residents as to operational issues. On June 17. 2009 the proposed operational guidelines were discussed at the Neighborhoods/Community Affairs Committee. Input received from the residents was referenced, as appropriate (Attached, please find the memorandum submitted for the June 17, 2009, Neighborhoods/Community Affairs Committee titled "Follow-up Discussion Concerning the Potential Operational Issues Related To the Newly Reconstructed South Pointe Park'). As you will note, the item provided suggested parameters for various operational issues for the Committee's consideration. Following their discussion on June 17, 2009, the Neighborhoods/Community Affairs Committee moved the following operational guidelines to Commission with a recommendation for approval: • Park Hours: Establish the hours as recommended previously, which is sunrise to 10 OOpm for the park, with the hours of the catwalk mirroring the hours of Smith and Wollensky's. • Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway. Bicycles and skateboards to be permitted in all other 1511 of 2591 Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 2of5 pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles in the park • Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier reopens, and then only from the pier. • Recreational Center ("Community Room") Rental: Rentals of the recreational center will be permitted for single events and under specific terms and conditions and when the center is available (un-programmed) by the park. There will be no alcohol permitted; and amplified music is permitted, but only from 1&00am to 8:00pm, cannot violate the noise ordinance, and the doors must be closed during amplified music. Renters cannot charge admission The proposed rental fees would be in accordance with rental rates approved and establisned for interior building rentals in our parks system, as approved by the City Commission in 2003. Please note that "resident rates" refers to Miami -Dade County residents as well. • Playground Rental: No rentals of the playground area are allowed as it is too heavily used. • Field Rental: No rental of the fields to be allowed. • Pavilion (rooftop) Rental: No rental of the pavilion to be allowed. City -Produced Special Events: City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City Departmert develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. These city -produced events were to be limited to no more than six (6) per fiscal year and would have priority over any non -city produced special events. No city -produced special event can extend longer thar two days in duration (setup and removal may not exceed hvo additional days); setup ana removal cannot restrict public access to the park, any live or amplified sound is to face south and not begin earlier than 10 00am and conclude by 10 00pml and no alcohol is permitted. The remaining ssue that did not reach a conclusion was the issue of permitting non -city produced special events in South Pointe Park, this issue was ieferrcd to the City Commission without recommendation. COMMISSION DISCUSSIONS/ACTIONS The item was first included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas (September 9h and December 9", 2009). At the December 9'� meeting it was recommended that, in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion. The item was referred to the February 16, 2010 Neighborhoods/Community Affairs committee meeting. At the meeting the Administraticn presented the bacKground and history of the issue The Administratior further restated its agreement and support of the previously discussed operational recommendations/ guidelines including. • Park Hours • Bicycles, Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center ("Community Room") Rental • Playground Rentai • Field Rental • Pavilion (rooftop) Rentals • City -Produced Special Events 1512 of 2591 Commission Memorandum Apri! 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 3 of 5 The Administration requested that Committee review the previous recommendations and provide direction on the various issues, as well as providing guidance related to the pending issues of non -city produced/non-recreational special events in South Pointe Park The Neighborhoods/Community Affairs Committee members held a comprehensive discussion of the issues and recommended the previously discussed operational guidelines for Park Hours, Bicycles, Skateboards, Motorized Vehicles, Fishing and Swimming in the Park, Recreational Center ("Community Room") Rental, Playground Renta , and Pavilion (rooftop) Rentals. Following discussion on potential uses of the park, the Committee also recommended that Field Rentals should be available under very controlled conditions. As a result of the Committee direction, the following conditions for Field Rentals at South Pointe Park have been developed for consideration: • The east lawn would not be available for field rentals • Field rentals would only be available for non-league, non -organized play or small scale private/nor-commercial events (fewer than 100 persons) that do not require temporary structures (e.g. tents requiring permits) or other supports that would require a special evert permit, • Field rentals would be available during the hours of 10:00 A.M. and 6 00 P M., weekdays (Monday — Thursday) only, • There would be no field rentals on weekends (Friday — Sunday) or or holidays, and no field rental would be permitted if there is an approved special event (City -produced, non -city recreational, etc.) occurring at the park on the requested day, • Field rentals would be for private events not open to the general public, • Any field rental is for a maximum four (4) hour duration, including set-up and removal; • There can be no sales/service/consumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met • No live entertainment or amplified sound is permitted; a loudspeaker would only be permitted for event management (as needed). It is recommended that the proposed field rental fees be set in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami -Dade County) Non -Resident No Admission No Admission $150.00 $30C.00 Additional costs for field rentals Include staffing at $25.00 per hour per staff, four hour minirrum and the number of staff to be determined by the Parks and Recreation Department Insurance, janitorial and/or other direct costs are not included in the field rental amount. SPECIAL EVENTS The issue of Special Events at South Pointe Park has generated the most discussion in terms of operational issues for the Park. The Park's unique characteristics, as well as its location, availability for parking, proximity to dense residential etc., are all considerations. Three very specific and distinct categories of Special Events were discussed by the Committee. The Committee recommended that all three (3) categories of special events be perm tted under specific terms and conditions 1513 of 2591 Commission Memnran6irn April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Paqe 4 of 5 City -Produced Special Events As previously defined, City -produced special events are those events that the City's Parks and Recreation Department, Tourism ar.d Cultural Development Department or other City department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents Examples include but not are limited to Movie in the Park, Arts in the Park or other activity offered by the City The Committee recommended that these events be permitted, with the following conditions as recommended by staff, • The total number of city -produced events would be six (6) per fiscal year, • City -produced special events will have priority over non -city special events, • No City sponsored special event will extend more than two (2) days in duration Set up and removal may not exceed two (2) additional days in total: • Setup and removal cannot restrict public access to the park, • No sales/service/consumption of alcohol is permitted; • Any live entertainment/amplified sound c Must face south o May not begin before 10-00 A.M Musi conclude by 10 00 P ivi (unless ;t is a *Movie in the Park") Residents have generally indicated that they are supportive of this type of special event It should be noted that based on current programming schedules and resources it is likely that the City would not produce as many Special Events as would be permitted based on this recommendation by Committee. Non -City Produced Special Events (Recreational and Non -City Produced/Non- Recreational Events) Non -city produced special events were discussed as two types: those with a recreational purpose, and those for enterta nment/other. For purposes of the Committee meeting, staff had identified a non - city -produced 'special event' as any organized event that anticipates the atterdance of more than 100 persons, or any event that requires a set up beyond that which would be perrnitted as part of the typical use of a public park or which could be accommodated by a field rental (e g a 90-person private picric that requires permitted tents, an event on a Satu•day). Non -City produced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk etc. These events were generally well-receved and the general consensus among committee members and residents present at the meeting was that they should be permitted ;although certainly with the expectation that they would follow special events guidelines) The city would consider recreational events, such as the Barefoot Mailman Walk, a meeting point for a triathlon, etc. on a case -by -case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park Other conditions include, but are not limited to • These recreational special events would be submitted via the Speciai Events process, • There can be no sales/service or consumption of alcoholic beverages • No amplified sound or live entertainment !s permitted, although the use of loudspeakers for event management is allowed. • While there is currently no limit on the number of these events, there can be ro more than two in a single month and no more than one in a given week. • Cannot use the east lawn Non -City produced l non -recreational special events These special events are non -recreational events such as weddings or concerts, or any other event that could not occur via a field rental (e.g. day cf week, number of hours, placement of structures, etc.). Staff discussed the unique qualities of this park, and the neighborhood concerns re.ating to non- 1514 of 2591 Commission Memorandum Apri: 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 5of5 City produced/non-recreational special events, and developed parameters for the Committee's consideration should the Committee recommend permitting these types of special events at South Pointe Park. These conditions would be in addition to any and all current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these conditions included: o The east lawn would not be available for non -city special events; o The total number and frequency of non -city, non -recreational special events in a year should be limited. The example provided for the committee was no more than six (6) per fiscal year, no more than two (2) non -city, non -recreational special events in a single month, and no more than one (1) non -city, non -recreational special event per week. o For purposes of this limitation, this limit would relate to non -city, non -recreational special events to include, but not limited to, weddings, concerts, etc. o No permitted non -city, non -recreational special event would extend more than one day in duration. Set-up and removal may not exceed two (2) days in total; o No non -city, non -recreational special evert can be permitted that anticipated an attendance in excess of 500 persons, o No non -city special event would operate past the park's established closing hour of 10:00 P.M. and could not begin earlier than 10:00 a.m. o No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. o No sales/service/consumption of alcoholic beverages. Following the discussion of the special events (city-produced/sponsored, recreational and non - recreational), the Committee recommended that City Produced/Sponsored Special Events be permitted as proposed, with the conditions presented; and that Non -City Produced Special Events (including Recreational and Non -Recreational activities) be permitted with the conditions presented, except the proposed frequency. While staff had proffered no more than six (6) non -city, non - recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non -city special events in a single month, and no more than ore (1) non -city special event per week), and for staff to report back to the City Commission after a six (6) month period. A matrix reflecting the operational issues, and delineating the conditions recommended for field rentals and the three types of special events is attached as Exhibit A. CONCLUSION The Administration recommends that the Commission adopt the basic operational guidelines for South Pointe Park as they relate to the park hours of operation, bicycles and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and special events in the park, as recommended by the Neighborhoods/ Community Affairs Committee at their meeting of February 16, 2010. JMG/ HMF/KS TAAGENDA12010\April 141Reguiar\Establistment of South Pointe Park Operational Guidelines II memo (3).doc 1515 of 2591 EXHIBIT A PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 311oilo) GENERAL PARK HOURS Park: Sunrise to 10:00 p.m. Cutwalk: Sunrise to 2:00 a.m. BICYCLES & SKATEBOARDS Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. MOTORIZED VEHICLES Prohibited except for officially authorized government and government contractor vehicles. FISHING OR SWIMMING Prohibited in the park. FACILITY RENTAL Available when not programmed for public use. No sales/service/consumption of alcoholic beverage (Community Room in Pavilion permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with Building) doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; PLAYGROUND/TOT LOT Rentals not permitted for playground area or adjacent areas with tables. PAVILION Pavilion rooftop rentals are not permitted. SPECIAL EVENTS CITY -PRODUCED NON CITY -PRODUCED NON CITY- PRODUCED, FIELD RENTALS TYPE SPECIAL EVENTS RECREATIONAL NON -RECREATIONAL SPECIAL EVENTS SPECIAL EVENTS Cuttural or recreational Organized recreational Non -recreational special Recreational or non- events (or other events) events not produced by the events not produced by the recreational use of a field for produced or sponsored by City (e.g. biathlons, city (e.g. wedding, company non-league, non -organized the City; open to the triathlons, kite flying) that picnic, etc) that require a play/small scale private/non- general public. require a special event special event permit commercial events that do not permit because: because: require a special event permit PERMITTED USE ■ More than 100 people • More than 100 people because: expected; and/or expected; and/or • Only the use of the field (no ■ cannot be handled as a • Cannot be handled as a buildings); field rental; and/or field rental; and/or ■ Fewer than 100 persons; • Requires placement of ■ Requires placement of • Requires no temporary tents, etc. and/or tents, etc structures/supports. Max of 500 persons Max of 100 persons LOCATION Use areas not restricted; No use of the east lawn No use of the east lawn No use of the east lawn mostly use west lawn. FREQUENCY Max of six per fiscal year No limit, but: Max. of six per six months' No limit, but: Max. two in a single Max. two in a single month • Only Monday -Thursday Max. two days per event month Max. one in a given week • No field rentals on holidays plus max. two days set up Max. one in a given week ■ Field rentals not permitted and removal per event; Max. one day per event plus the same day as any setup & removal max. two days set up and special event in the Park. may not restrict public removal per event. Max- rental for four (4) hours access to the park. duration, including set-up and 'for trial period removal. 1516 of 2591 HOURS/DURATION Consistent with Park Consistent with Park hours Event hours from 10:00 am Field rentals permitted from OF F EVENT hours_ to 10:00 pm 10:00 am to 6:00 pm only ALCOHOLIC No sales/service!' No sales/service/ No sales/service/ No sales/service/consumption BEVERAGES consumption of alcoholic consumption of alcoholic consumption of alcoholic of alcoholic beverages beverages permitted. beverages permitted. beverages permitted. permitted. _ AMPLIFIED Permitted from 10:00 am No live entertainment or No live entertainment or No live entertainment or SOUND/LIVE to 10:00 pm (or later to amplified sound. Limited use amplified sound. Limited use amplified sound. Limited use of ENTERTAINMENT accommodate a "Movie in of loudspeakers for event of loudspeakers for event loudspeakers for event the Park") management permitted. management permitted no management permitted no • Speakers must face Schedule for use to be earlier than 10:00 am and earlier than 10:00 am and no south approved in advance, but no no later than 8:00 pm. later than 6:00 pm. ■ Cannot exceed noise later than 8:00 pm. ordinance OTHER ■ City -produced special ■ Must apply for special ■ Must apply for special ■ Refundable deposit for events have priority event permit; event permit; damage/clean-up may be over non -City ■ All regular special event • All regular special event required. requirements will apply requirements will apply ■ Field rental fee applies (e.g. notifications/sign- (e.g. notifications/sign- • Staffing / fee may be offs, parking & sanitation offs, parking & sanitation required. plan, security deposit, plan, security deposit, ■ Field Rental application to etc) etc) include use conditions/ • Special Event Permit to Special Event Permit to restrictions include use conditions/ include use conditions/ restrictions restrictions 1:WGENDA120I0VApnl 14We;u4eZsMblisWna9 of South Poirne Part Opvauood Cukkiiw Cbamdoc 1517 of 2591 RESOLUTION NO. 2002-24731 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING GUIDELINES FOR THE APPROVAL OF RENTAL FEE WAIVERS REQUESTED BY QUALIFIED GROUPS, ORGANIZATIONS OR OTHER USERS OF THE MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARKS AND RECREATION FACILITIES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT SAID GUIDELINES. WHEREAS, the Parks and Recreation Department's recreational facilities are regularly being utilized by various groups and organizations for activities including but not limited to cultural performances and presentations, educational activities, fund raising events, community meetings and other activities that benefit our residents; and WHEREAS, often times these users request a waiver of the rental fee; and WHEREAS, in the past the Administration, via the Parks and Recreation Department have approved fee waivers for the use of Parks and Recreational Facilities (including, but not limited to specific parks, fieds, multi use courts, community centers, bandshells, theater and open space areas) for Miami Beach and non Miami Beach Community Groups, based on a policy recommendation approved by the City Manager in October of 1984; and WHEREAS, based on the increasing number of rental fee waiver requests and the Administration's desire to formalize a rental fee waiver process the Parks and Recreation Department in conjunction with the Parks and Recreational Facilities Board began to review this issue and develop a set of guidelines they recommend be following when considering such a request; and WHEREAS, a presentation and discussion was held at the September 21, 2000, meeting of the Finance and Citywide Projects Committee and at that time the Committee was informed of the direction this matter was taking and supported the Administration proceeding with the plan; and WHEREAS, this process continued at the Parks and Recreational Facilities Board meeting on February 14, 2001, when the Board reviewed and voted unanimously to recommend the fee waivers guidelines as presented be implemented; and WHEREAS, the review process concluded at a joint meeting of the Finance & Ctywide Projects Committee and Community Affairs Committee held on December 12, 2001 with the Members recommending the acceptance of the guidelines with minimal modifications which are now incorporated in guidelines, and 1518 of 2591 WHEREAS, the following are the guidelines for rental waivers as recommended Guidelines for Rent Waiver Consideration A group seeking any adjustment of waiver of cost or rent must first submit a written request to the City's Parks and Recreation Department for consideration and recommendation for approval from the Administration (the City Manager or his designee). The group must submit a detailed written description of the event, its history, and why the request should be considered for adjustment. Financial Information required for non-profrt, 501 C-3 organizations The group must supply financial information, upon request, relative to the use of funding for its stated service mission. The group must disclose its efforts in securing corporate and private sponsorships. Cost or Rent Waiver Amount Guidelines The Administration may waive up to 100% of the rent, providing the event principally benefits the citizens of Miami Beach or is based in Miami Beach, or has significant community impact. All requests will be forwarded on a case by case basis to City Manager for approval/ disapproval. with a recommendation from the requesting City Department describing any unique elements or special circumstances of the request. The City Manager shall have the ability to examine requests that may be outside the guidelines and therefore considered exceptional and grant the waiver request, if deemed appropriate and in the best interest of the City. Recommendation will include all direct costs, problems and any other pertinent information that the recommending City Department is aware of. No group, organization, business or other user may exceed the total allowed waivers in a one-year period as stipulated in each of the user categones. The following criteria shall be used by the appropriate City Department in making its recommendation: A. Non -Profit Organizations with 501-c-3 Designation e Miami Beach Based -Must provide a copy of 501-c-3 certificate with Miami Beach street address and contact. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for pre-set admission/donation 'gated" events or meetings. 1519 of 2591 -One waiver per month, maximum of 6 per year, per user organization. -Must pay all direct costs -Must provide insurance as appropriate. e Not Miami Beach Based -Must provide copy of 501-c-3 certificate with organizational street address and contact. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation -Up to 50% waiver (rent only) for admission/donation "gated" event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. -in the event of a scheduling conflict any Miami Beach based organization receives priority. B. "Not for Profit" Organizations/ Groups without 501-c-3 Designation (.e. PTA's, Booster Clubs, Condominium Organizations/Senior Citizen/social groups, local sports organizations) Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for admission/donation "gated" events or meetings. -One waiver per month, maximum 5 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. e Not Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 50% waiver (rent only) for an event or meeting with no admission or donation. -Up to 25% waiver (rent only) for admission/donation "gated" event or meeting -One waiver oer month, maximum 3 per year, per user organization. -Must pay all direct costs- -Must provide insurance as appropriate. C. Professional and/or Community service organizations, government agencies or businesses. -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for admission/donation "gated" event or meeting- -One waiver per month. maximum 3 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY 1520 of 2591 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the Guidelines set forth herein for the Approval of Rental Fee Waivers Requested by Qualified Groups, Organizations or Other Users of the Miami Beach Parks and Recreation Department's Parks and Recreation Facilities and norize the City Manager or His Designee to Implement Said Guidelines. iaA�Sllj and ADOPTED this 30tn day of January, 2002. ATTEST: n CITY CLERK JMGIRCMIKS LICMGRWGENDA\2002VAN30021REGULAR\Fee Wa,ver_1 30-022RES..doc APPRO AS TO FORM & L fu4GUAGE & FOR E--. -CUnON 1521 of 2591 RESOLUTION NO. 2002-24; 3I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CiTY OF MIAMI BEACH, FLORIDA, ESTABLISHING GUIDELINES FOR THE APPROVAL OF RENTAL FEE WAIVERS REQUESTED BY QUALIFIED GROUPS, ORGANIZATIONS OR OTHER USERS OF THE MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARKS AND RECREATION FACILITIES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT SAID GUIDELINES. WHEREAS, the Parks and Recreation Department's recreational facilities are regularly being utilized by various groups and organizations for activities including but not limited to cultural performances and presentations, educational activities, fund raising events, community meetings and other activities that benefit our residents; and WHEREAS, often times these users request a waiver of the rental fee; and WHEREAS, in the past the Administration, via the Parks and Recreation Department have approved fee waivers for the use of Parks and Recreational Facilities (including, but not limited to specific parks, fields, multi use courts, community centers, bandshells, theater and open space areas) for Miami Beach and non Miami Beach Community Groups, based on a policy recommendation approved by the City Manager in October of 1984; and WHEREAS, based on the increasing number of rental fee waiver requests and the Administration's desire to formalize a rental fee waiver process the Parks and Recreation Department in conjunction with the Parks and Recreational Facilities Board began to review this issue and develop a set of guidelines they recommend be following when considering such a request; and WHEREAS, a presentation and discussion was held at the September 21, 2000 meeting of the Finance and Citywide Projects Committee and at that time the Committee was informed of the direction this matter was taking and supported the Administration proceeding with the plan; and WHEREAS, this process continued at the Parks and Recreational Facilities Board meeting on February 14, 2001, when the Board reviewed and voted unanimously to recommend the fee waivers guidelines as presented be implemented; and WHEREAS, the review process concluded at a joint meeting of the Finance & Citywide Projects Committee and Community Affairs Committee held on December 12. 2001 with the Members recommending the acceptance of the guidelines with minimal modifications which are now incorporated in guidelines; and 1522 of 2591 WHEREAS, the following are the guidelines for rental waivers as recommended: Guidelines for Rent Waiver Consideration A group seeking any adjustment of waiver of cost or rent must first submit a written request to the Cih/'s Parks and Recreation Department for consideration and recommendation for approval from the Administration (the City Manager or his designee). The group must submit a detailed written description of the event, its history, and why the request should be considered for adjustment. Financial Information required for non-profit, 501 C-3 organizations The group must supply financial information, upon request, relative to the use of funding for its stated service mission. The group must disclose its efforts in securing corporate and private sponsorships. Cost or Rent Waiver Amount Guidelines The Administration may waive up to 100% of the rent, providing the event principally benefits the citizens of Miami Beach or is based in Miami Beach. or has significant community impact. All requests will be forwarded on a case by case basis to City Manager for approval/ disapproval, with a recommendation from the requesting City Department describing any unique elements or special circumstances of the request. The City Manager shall 11- i tave the auiliiy to examine reques o that may ba outside the gui._ line ,and ttiaro—re considered exceptional and grant the waiver request, if deemed appropriate and in the best interest of the City. Recommendation will include all direct costs, problems and any other pertinent information that the recommending City Department is aware of. No group, organization, business or other user may exceed the total allowed waivers in a one-year period as stipulated in each of the user categories. The following criteria shall be used by the appropriate City Department in making its recommendation: A. Non -Profit Organizations with 501-c-3 Designation • Miami Beach Based -Must provide a copy of 501-c-3 certificate with Miami Beach street address and contact. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for pre-set admission/donation "gated" events or meetings. 1523 of 2591 -One waiver per month, maximum of 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. • Not Miami Beach Based -Must provide copy of 501-c-3 certificate with organizational street address and contact. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for admission/donation "gated" event or meeting -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs -Must provide insurance as appropriate. -in the event of a scheduling conflict any Miami Beach based organization receives priority B. "Not for Profit" Organizations/ Groups without 501-c-3 Designation (i.e. PTA's, Booster Clubs, Condominium Organizations/Senior Citizen/social groups, local sports organizations) • Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for admission/donation "gated" events or meetings -One waiver per month, maximum 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. • Not Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 50% waiver (rent only) for an event or meeting with no admission or donatior -Up to 25% waiver (rent only) for admissionldonation "gated" event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. C. Professional and/or Community service organizations, government agencies or businesses. -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100% waiver (rent only) for an event or meeting with no admission or donation. -Up to 50% waiver (rent only) for admissionldonation "gated" evert or meeting. -One waiver per month, maximum 3 per year, per user, organization -Must pay all direct costs. -Must provide insurance as appropriate. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY 1524 of 2591 COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the Guidelines set forth herein for the Approval of Rental Fee Waivers Requested by Qualified Groups, Organizations or Other Users of the Miami Beach Parks and Recreation Department's Parks and Recreation Facilities and Aonze the City Manager or His Designee to Implement Said Guidelines. r0j$l n, and ADOPTED this 30th day of January_ , 2002. ATTEST: kw�—�L CITY CLERK JMG/RCh1/KS LACMGRIAGENDA12002UAN3002\REGULARTee Waiver 1-30-02.2RE5. doc APPPON— AS To FORM & LANGUAGE a FOR E..�CUTION 1525 of 2591 Resolutions - C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: March 19, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12, 2025 MEETING, AND DIRECTING ADMINISTRATION TO ESTABLISH A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA, HOSTED BY THE FRENCH AMERICAN ASSOCIATION OF CRAFTS AND TRADES CORP., FOR A SIX-MONTH PILOT WITH ALL RENTAL FEES WAIVED, AND FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE A PERMANENT MONTHLY FRENCH MARKET, ALONG WITH THE WAIVER OF ANY FEES ASSOCIATED WITH THE RENTAL OF THE EVENT SPACE, SHOULD THE PILOT PROGRAM BE SUCCESSFUL. RECOMMENDATION Item to be submitted in Supplemental. BACKGROUNDIHISTORY ANALYSIS FISCAL IMPACT STATEMENT Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•//www miamibeachfl -gov/city-hall/city-clerkimeeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION PaW #W57 Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481. includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Parks and Recreation Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsors) Condensed Title Accept Rec, Establish Monthly French Market at South Pointe Park Washington Ave Entry Plaza. (KRG) PKS Previous Action (For City Clerk Use Only) Page41D'PW57 RESOLUTION NO. 2010-27375 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER (COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND CITY -PRODUCED SPECIAL EVENTS IN THE PARK AS RECOMMENDED, IN PART, BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. WHEREAS, the initial discussion concerning the operational issues of the newly reconstructed South Pointe Park (the -Park") was held on February 17. 2009, at the Neighborhood/Community Affairs Committee meeting; and WHEREAS, the Administration requested direction and guidance on pending issues that would ultimately shape the future uses of the Park including, but not limited, to such matters as park hours, facility and field rentals, motorized and non -motorized vehicles in the park, programming and special events: and WHEREAS, on May 12 2009, a community meeting was held at the South Pointe Park community room to gain additional input from the residents as to operational issues, and WHEREAS, on June 17, 2009, the proposed operational guidelines were discussed at the Neighborhood/Community Affairs Committee (the "NCAC") where input from the residents was received and WHEREAS, following its discussion. the NCAC moved the following Operational Guidelines to the City Commission with a recommendation for approval • Park Hours: Establish the hours as recommended previously, which is sunrise to 10:00pm for the Park, with the hours of the cut walk mirroring the hours of Smith and Wollensky's • Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway. Bicycles and skateboards to be permitted in all other pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles in the park. • Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier re -opens, and then only from the pier • Recreational Center ("Community Room") Rental; Rentals of the recreational center will be permitted for single events and under specific terms and conditions and when the center is available (un-programmed) by the park There will be no alcohol permitted, amplified music is permitted, but only from 10:00 a m. to &00 p.m . cannot violate the noise ordinance, and the doors must be closed during amplified music. Renters cannot charge admission. The proposed rental fees would be in accordance with rental rates approved and established for interior building rentals in our parks system. as approved 1528 of 2591 by the City Commission in 2003 Please note that "resident rates" refers to Miami -Dade County residents • Playground Rental: No rentals of the playground area are allowed as it is too heavily used • Field Rental No rental of the fields is allowed • Pavilion (rooftop) Rental: No rental of the pavilion is allowed. • City -Produced Special Events: City -produced special events are those events that the City's Parks and Recreation Department. Tourism and Cultural Development Department or other City department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents These city -produced events are limited to no more than six (6) per fiscal year and would have prionty over any non -city produced special events No city produced special event can extend longer than two days in duration (setup and removal may not exceed two additional daysy setup and removal cannot restrict public access to the park: any live or amplified sound is to face south and not begin earlier than 10 00am and conclude by 10:00 p.m.; no alcohol is permitted. and WHEREAS, the issue of permitting non -City produced special events in South Pointe Park was referred to the City Commission without recommendation;. and WHEREAS, the South Pointe Park Operational Guidelines item was first included in the July 15, 2009 Commission agenda, but it was not reached and was then included in subsequent agendas and. at the December 9'h meeting, it was recommended that, in deference to our new Commissioners, the item be referred back to the NCAC for discussion, and WHEREAS, the South Pointe Park operational guidelines item was referred back to the February 16. 2010 NCAC meeting where the Administration presented the background and history of the issue and restated its agreement and support of the previously discussed operational recommendations/ guidelines. and WHEREAS, at its meeting on February 16, 2010, the NCAC members held a comprehensive discussion of the issues and supported the previously recommended operational guidelines for • Park Hours • Bicycles. Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center ("Community Room") Rental • Playground Rental • Pavilion (rooftop) Rentals, and WHEREAS, the NCAC recommended that Field Rentals should be available under controlled conditions, and WHEREAS, as a result of NCAC direction, the Administration developed the following conditions for Field Rentals at South Pointe Park • The east lawn would not be available for field rentals, • Field rentals would only be available for non-league, non -organized play or small scale private/non-commercial events (fewer than 100 persons) that do not require temporary 1529 of 2591 structures (e.g. tents requiring permits) or other supports that would require a special event permit, • Field rentals would be available during the hours of 10:00 a.m. and 6:00 p.m., weekdays (Monday — Thursday) only; • There would be no field rentals on weekends (Friday — Sunday) or on holidays, and no field rental would be permitted if there is an approved special event occurring at the park on the requested day; • Field rentals would be for private events not open to the general public; • Any field rental is for a maximum four (4) hour duration, including set-up and removal; • There can be no sales/service/consumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met. • No live entertainment or amplified sound. It is recommended that field rental fees be in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami- Dade County) Non -Resident No Admission Fee No Admission Fee Day: $150.00 $300.00 Additional costs for field rentals include staffing at $25.00 per hour per staff for a four hour minimum, with the number of staff to be determined by the Parks and Recreation Department Insurance, janitorial, and/or other direct costs are not included in the field rental amount; and WHEREAS, the NCAC further recommended that the following categories of special events be permitted under speck terms and conditions: I) City -Produced Special Events As previously defined, City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department, or other City department develops for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. Examples include, but not are limited, to Movie in the Park, Arts in the Park or other activity offered by the City. • The total number of city -produced events would be six (6) per fiscal year; City -produced special events will have priority over non -city special events; • No City sponsored special event will extend more than two (2) days in duration. Set up and removal may not exceed two (2) additional days in total; • Setup and removal cannot restrict public access to the park; • No sales/service/consumption of alcohol is permitted; • Any live entertainment/amplified sound: • Must face south • May not begin before 10:00 a.m. • Must conclude by 10:00 p.m. (unless it is a "Movie in the Park") 1530 of 2591 Il) Non -City Produced Special Events Non -City produced special events were discussed as two types those with a recreational purpose, and those for entertainment/other. For purposes of the NCAC meeting. staff had identified a non -city -produced especial event" as any organized event that anticipates the attendance of more than 100 persons, or any event that requires a set up beyond that which would be permitted as part of the typical use of a public park or which could be accommodated by a field rental (e g. a 90-person private picnic that requires permitted tents, an event on a Saturday). A) Non -City produced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk. etc. These events were generally well -received and the general consensus among NCAC members and residents present at the meeting was that they should be permitted (although certainly with the expectation that they would follow special events guidelines). The city would consider recreational events. such as the Barefoot Mailman Walk, a meeting point for a triathlon, etc on a case -by -case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park. These recreational special events would be submitted via the Special Events process. as well, but would not be included within any limit on the number imposed for non -city events, should non -recreational special events be permitted. There can be no sales/service or consumption of alcoholic beverages. No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. B) Non -City produced/non-recreational special events These special events are non -recreational events such as weddings or concerts or any other event that could not occur via a field rental (e.g day of week, number of hours, placement of structures, etc ) Staff discussed the unique qualities of this park, and the neighborhood concerns relating to non -City produced/non-recreational special events, and developed parameters for the NCAC's consideration should these be permitted at South Pointe Park. These conditions would be in addition to any and all current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these included: • The east lawn would not be available for non -City special events. • The total number and frequency of non -City. non -recreational special events in a year should be limited. The example provided for the committee was no more than six (6) per fiscal year, no more than two (2) non -City, non -recreational special events in a single month, and no more than one (1) non -City, non - recreational special event per week, • For purposes of this limitation, this limit would relate to non -city, non -recreational special events to include, but not limited to, weddings, concerts, etc . • No permitted non -City.. non -recreational special event would extend more than one day in duration Set-up and removal may not exceed two (2) days in total, • No non -City, non -recreational special event can be permitted that anticipated an attendance in excess of 500 persons • No non -City special event would operate past the park's established closing hour of 10:00 p.m. and could not begin earlier than 10:00 a m., 1531 of 2591 No amplified sound or live entertainment is permitted. however, the use of loudspeakers for event management is allowed, provided that such use is in compliance with the City's Noise Ordinance. No sales/service/consumption of alcoholic beverages. and WHEREAS, following the discussion of special events the NCAC recommended that City Produced Special Events be permitted as proposed with the conditions set forth herein, and Non -City Produced Special Events (including Recreational and Non -Recreational activities) be permitted with the conditions set forth herein, with the exception that the proposed frequency of no more than six (6) per fiscal year. While staff had proffered no more than six (6) non -city, non -recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non -city special events in a single month, and no more than one (1) non -city special event per week), and report to back to the City Commission after a six (6) month period, and WHEREAS, at its meeting on April 14, 2010, the City Commission reviewed the recommendations of the NCAC and approved the following Operational Guidelines for South Point Park • Park Hours: Park Sunrise to 10 00 p m Cutwalk. Sunrise to 2 00 a.m. • Bicycles and Skateboards: Permitted on paved walkways only, excluding the elevated portion of serpentine walkway • Motorized Vehicles: Prohibited except for officially authorized government and government contractor vehicles. • Fishing or Swimming: Prohibited in the park • Facility Rental (Community Room in Pavilion Building): Available when not programmed for public use No sales/service/consumption of alcoholic beverage permitted Amplified sound/live entertainment permitted inside between 10 00 a m and 8 00 p m (with doors closed, no waivers of noise ordinance). Event cannot exceed occupancy limits • Playground/Tot lot: Rentals not permitted for playground area or adjacent areas with tables • Pavilion: Pavilion rooftop rentals are not permitted. • City -Produced Special Events: o Permitted Use. Cultural or recreational events (or other events) produced or sponsored by the City: open to the general public. o Location. Use areas not restricted. mostly use west lawn Frequency. Max of six per fiscal year, max two days per event plus max two days set up and removal per event setup and removal may not restrict public access to the park. c Hours/Duration of Event. Consistent with Park Hours o Alcoholic Beverages: No sales/service/consumption of alcoholic beverages permitted o Amplified Sound/Live Entertainment Permitted from 10 00 a m to 10 00 p.m. (or later to accommodate a "Movie in the Park") Speakers must face South. Cannot exceed noise ordinance 1532 of 2591 NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby approve and adopt the Operational Guidelines for South Pointe Park set forth herein relating to the park hours, bicycles, and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and City -produced special events in the park, as recommended, in part, by the NCAC at its meeting of February 16, 2010. PASSED and ADOPTED this 14 day of April, 2010. ATTEST: s ? ►S R ael E. Granad , City Clerk AFFk'U V tU HJ I U FORM & LANGUAGE EXE UTiON CWYVC Dote T:WGENDA12010Wpnl 141Regularl Amended Resolution - Establishment of South Pointe Park Operational Guidelines (Revised on 5-7-15 VP).doc 1533 of 2591 un w A O N un lD F-r PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 4114110) GENERAL PARK HOURS Park: Sunrise to 10:00 p.m. Cutwa/k: Sunrise to 2:00 a.m. BICYCLES & SKATEBOARDS Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. MOTORIZED VEHICLES Prohibited except for officially authorized government and government contractor vehicles. FISHING OR SWIMMING Prohibited in the park. FACILITY RENTAL Available when not programmed for public use. No sales/service/consumption of alcoholic beverage (Community Room in Pavilion permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with Building) doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; PLAYGROUND/TOT LOT Rentals not permitted for playground area or adjacent areas with tables. PAVILION Pavilion rooftop rentals are not permitted. SPECIAL EVENTS TYPE CITY -PRODUCED SPECIAL EVENTS Cultural or recreational events (or other events) PERMITTED USE produced or sponsored by the City; open to the general public. LOCATION Use areas not restricted; mostly use west lawn. FREQUENCY I Max of six per fiscal year Max. two days per event plus max. two days set up and removal per event; setup & removal may not restrict public access to the park. HOURS/DURATION Consistent with Park hours OF EVENT ALCOHOLIC No sales/service/ consumption of alcoholic beverages BEVERAGES _per mitted. AMPLIFIED Permitted from 10-.00 am to 10:00 pm (or later to SOUND/LIVE accommodate a "Movie in the Park") ENTERTAINMENT ■ Speakers must face south • Cannot exceed noise ordinance 'i AGENDA\2o10VApn1 14Vtegular\ Eslabhshmem of South Pouue Pait Operational Guidelines Clmrt (Revised on 5-7-15 VP) doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution, approving and adopting the basic operational guidelines for South Pointe Park relating to park hours, bicycles and skateboards, motorized vehicles, fishing and swimming in the park, rental of the recreational center, fields and pavilion (rooftop) and special events as recommended by the Neighborhoods/Community Affairs Committee on February 16, 2010 Key Intended Outcome Supported: Increase Satisfaction with Recreational Programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of residents rated the City's Recreation programs as either excellent or good Issue: Shall the Mayor and City Commission adopt the resolution? item summary/Kecommenaatton: The initial discussion concerning the operational Issues of the newly reconstructed South Pointe Park was held on February 17, 2009, at the Neighborhoods/ Community Affairs Committee meeting. The Administration requested direction on issues such as park hours, facility and field rentals, motorized and non -motorized vehicles in the park, programming and special events. Subsequent meetings with the community and the Neighborhoods/ Community Affairs Committee were held over the next several months to gain additional input from the residents and Commission related to the operational issues resulting in recommendations from the Committee being forwarded to the full Commission. The item was first Included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas. At the December 9`" meeting it was recommended that, in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion. At the December 9, 2009 Commission meeting, the item was referred to the February 16, 2010 Neighborhoods/Community Affairs Committee meeting to allow the new Commissioners to understand the issues under consideration. At the meeting the Administration presented the background and history of the issue. The Neigh borhoods/Community Affairs Committee members held a comprehensive discussion and supported the previously recommended operational guidelines for Park Hours, Bicycles, Skateboards, Motorized Vehicles, Fishing and Swimming in the Park, Recreational Center ("Community Room") Rental, Playground Rental and Pavilion (rooftop) Rentals. However, the Committee recommended that Field Rentals and a limited number of Special Events should be permitted under specific conditions, and as noted in the attached It is recommended that the Commission approve the proposed operational guidelines for South Pointe Park Advisory Board Recommendation: Discussed and/or recommended by the Neighborhoods/ Community Affairs Committee on February 17, 2009, June 17, 2009 February 16, 2010. Financial Information: Source of Funds: OBPI Amount Account 2 Total Financial Impact Summary: Field Rentals and Community Room rentals shall generate revenue for the City. City Clerk's Office Legislative Tracking: ( Kevin Smith, Parks & Recreation Director Sign -Oft. — Department Director AssiAant City Manager City Manager KS TAAGENDAQ01MApnl WRegular\Establishment of South Pointe Park Operational Guidelines. Summary.doc m MIAMI BEACH 1515of2591 l AGENDA ITEM ® DATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. www.miamibeochfl.gov COMMISSION MEMORANDUM TO: M �geM tti Herr a Bower a embers of the City Commission FROM: o . Gonzalez, City ManagOr DATE: April 14, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE BASIC OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER (COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND SPECIAL EVENTS IN THE PARK AS RECOMMENDED BY THE NEIGHBORHOODS/ COMMUNITY AFFAIRS COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. BACKGROUND The initial discussion concerning the operational issues of the newly reconstructed South Pointe Park was held on February 17, 2009, at the Neighborhoods/ Community Affairs Committee meeting, prior to the opening of the park. The discussion focused on a number of issues, including the park's proposed maintenance, security and programming plans, and the assigned responsibilities of various departments contributing to the successful operations of the new South Pointe Park. The Administration also requested direction and guidance on pending issues that would ultimately shape the future uses of the park. These included, but were not limited, to such matters as park hours, facility and field rentals, motorized and non -motorized vehicles in the park, programming and special events. On May 12, 2009, a community meeting was held at the South Pointe Park community room. The purpose of the meeting was to gain additional input from the residents as to operational issues. On June 17, 2009 the proposed operational guidelines were discussed at the Neighborhoods/Community Affairs Committee. Input received from the residents was referenced, as appropriate (Attached, please find the memorandum submitted for the June 17, 2009, Neighborhoods/Community Affairs Committee titled "Follow-up Discussion Concerning the Potential Operational Issues Related To the Newly Reconstructed South Pointe Park"). As you will note, the item provided suggested parameters for various operational issues for the Committee's consideration. Following their discussion on June 17, 2009, the Neighborhoods/Community Affairs Committee moved the following operational guidelines to Commission with a recommendation for approval: Park Hours: Establish the hours as recommended previously, which is sunrise to 10:OOpm for the park, with the hours of the cutwalk mirroring the hours of Smith and Wollensky's. Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway. Bicycles and skateboards to be permitted in all other 1536 of 2591 Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 2 of 5 pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles in the park. • Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier reopens, and then only from the pier. • Recreational Center ("Community Room") Rental: Rentals of the recreational center will be permitted for single events and under specific terms and conditions and when the center is available (un-programmed) by the park. There will be no alcohol permitted; 'and amplified music is permitted, but only from 10:00am to 8:00pm, cannot violate the noise ordinance, and the doors must be closed during amplified music. Renters cannot charge admission. The proposed rental fees would be in accordance with rental rates approved and established for interior building rentals in our parks system, as approved by the City Commission in ' 2003. Please note that "resident rates" refers to Miami -Dade County residents, as well. • Playground Rental: No rentals of the playground area are allowed as it is too heavily used. • Field Rental: No rental of the fields to be allowed. • Pavilion (rooftop) Rental: No rental of the pavilion to be allowed. • City -Produced Special Events: City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City Department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. These city -produced events were to be limited to no more than six (6) per fiscal year and would have priority over any non -city produced special events. No city -produced special event can extend longer than two days in duration (setup and removal may not exceed two additional days); setup and removal cannot restrict public access to the park; any live or amplified sound is to face south and not begin earlier than 10:00am and conclude by 10:00pm; and no alcohol is permitted. The remaining issue that did not reach a conclusion was the issue of permitting non -city produced special events in South Pointe Park; this issue was referred to the City Commission without recommendation. COMMISSION DISCUSSIONS/ACTIONS The item was first included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas (September 9"' and December 9"', 2009). At the December 9"' meeting it was recommended that, in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion. The item was referred to the February 16, 2010 Neighborhoods/Community Affairs Committee meeting. At the meeting the Administration presented the background and history of the issue. The Administration further restated its agreement and support of the previously discussed operational recommendations/ guidelines including: • Park Hours • Bicycles, Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center ("Community Room") Rental • Playground Rental • Field Rental • Pavilion (rooftop) Rentals • City -Produced Special Events 1537 of 2591 Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 3 of 5 The Administration requested that Committee review the previous recommendations and provide direction on the various issues, as well as providing guidance related to the pending issues of non -city produced/non-recreational special events in South Pointe Park. The Neighborhoods/Community Affairs Committee members held a comprehensive discussion of the issues and recommended the previously discussed operational guidelines for Park Hours, Bicycles, Skateboards, Motorized Vehicles, Fishing and Swimming in the Park, Recreational Center ("Community Room") Rental, Playground Rental, and Pavilion (rooftop) Rentals. Following discussion on potential uses of the park, the Committee also recommended that Field Rentals should be available under very controlled conditions. As a result of the Committee direction, the following conditions for Field Rentals at South Pointe Park have been developed for consideration: • The east lawn would not be available for field rentals; • Field rentals would only be available for non-league, non -organized play or small scale private/non-commercial events (fewer than 100 persons) that do not require temporary structures (e.g. tents requiring permits) or other supports that would require a special event permit: • Field rentals would be available during the hours of 10:00 A.M. and 6:00 P.M., weekdays (Monday — Thursday) only; • There would be no field rentals on weekends (Friday — Sunday) or on holidays, and no field rental would be permitted if there is an approved special event (City -produced, non -city recreational, etc.) occurring at the park on the requested day; • Field rentals would be for private events not open to the general public: • Any field rental is for a maximum four (4) hour duration, including set-up and removal; • There can be no sales/service/consumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met. • No live entertainment or amplified sound is permitted; a loudspeaker would only be permitted for event management (as needed). It is recommended that the proposed field rental fees be set in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami -Dade County) Non -Resident No Admission No Admission $150.00 $300.00 Additional costs for field rentals include staffing at $25.00 per hour per staff, four hour minimum, and the number of staff to be determined by the Parks and Recreation Department. Insurance, janitorial and/or other direct costs are not included in the field rental amount. SPECIAL EVENTS The issue of Special Events at South Pointe Park has generated the most discussion in terms of operational issues for the Park. The Park's unique characteristics, as well as its location, availability for parking, proximity to dense residential etc., are all considerations. Three very specific and distinct categories of Special Events were discussed by the Committee. The Committee recommended that all three (3) categories of special events be permitted under specific terms and conditions. 1538 of 2591 Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 4 of 5 City -Produced Special Events As previously defined, City -produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. Examples include but not are limited to Movie in the Park, Arts in the Park or other activity offered by the City. The Committee recommended that these events be permitted, with the following conditions as recommended by staff: • The total number of city -produced events would be six (6) per fiscal year, • City -produced special events will have priority over non -city special events, • No City sponsored special event will extend more than two (2) days in duration. Set up and removal may not exceed two (2) additional days in total; • Setup and removal cannot restrict public access to the park, • No sales/service/consumption of alcohol is permitted, • Any live entertainmentlamplified sound: o Must face south o May not begin before 10:00 A.M. o Must conclude by 10:00 P.M. (unless it is a "Movie in the Park") Residents have generally indicated that they are supportive of this type of special event. It should be noted that based on current programming schedules and resources, it is likely that the City would not produce as many Special Events as would be permitted based on this recommendation by Committee. Non -City Produced Special Events (Recreational and Non -City Produced/Non- Recreational Events) Non -city produced special events were discussed as two types: those with a recreational purpose, and those for entertainment/other. For purposes of the Committee meeting, staff had identified a non - city -produced "special event" as any organized event that anticipates the attendance of more than 100 persons, or any event that requires a set up beyond that which would be permitted as part of the typical use of a public park or which could be accommodated by a field rental (e.g. a 90-person private picnic that requires permitted tents, an event on a Saturday). Non -City produced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk, etc. These events were generally well -received and the general consensus among committee members and residents present at the meeting was that they should be permitted (although certainly with the expectation that they would follow special events guidelines). The city would consider recreational events, such as the Barefoot Mailman Walk, a meeting point for a triathlon, etc. on a case -by -case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park. Other conditions include, but are not limited to • These recreational special events would be submitted via the Special Events process, • There can be no sales/service or consumption of alcoholic beverages. • No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. • While there is currently no limit on the number of these events, there can be no more than two in a single month and no more than one in a given week. • Cannot use the east lawn. Non -City produced/non-recreational special events These special events are non -recreational events such as weddings or concerts, or any other event that could not occur via a field rental (e.g. day of week, number of hours, placement of structures, etc.). Staff discussed the unique qualities of this park, and the neighborhood concerns relating to non- 1539 of 2591 Commission Memorandum Apnl 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 5 of 5 City produced/non-recreational special events, and developed parameters for the Committee's consideration should the Committee recommend permitting these types of special events at South Pointe Park. These conditions would be in addition to any and all current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these conditions included: o The east lawn would not be available for non -city special events; o The total number and frequency of non -city, non -recreational special events in a year should be limited. The example provided for the committee was no more than six (6) per fiscal year, no more than two (2) non -city, non -recreational special events in a single month, and no more than one (1) non -city, non -recreational special event per week. o For purposes of this limitation, this limit would relate to non -city, non -recreational special events to include, but not limited to, weddings, concerts, etc. o No permitted non -city, non -recreational special event would extend more than one day in duration. Set-up and removal may not exceed two (2) days in total; o No non -city, non -recreational special event can be permitted that anticipated an attendance in excess of 500 persons, o No non -city special event would operate past the park's established closing hour of 10:00 P.M. and could not begin earlier than 10:00 a.m. o No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. o No sales/service/consumption of alcoholic beverages. Following the discussion of the special events (city-produced/sponsored, recreational and non - recreational), the Committee recommended that City Produced/Sponsored Special Events be permitted as proposed, with the conditions presented; and that Non -City Produced Special Events (including Recreational and Non -Recreational activities) be permitted with the conditions presented, except the proposed frequency. While staff had proffered no more than six (6) non -city, non - recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non -city special events in a single month, and no more than one (1) non -city special event per week), and for staff to report back to the City Commission after a six (6) month period. A matrix reflecting the operational issues, and delineating the conditions recommended for field rentals and the three types of special events is attached as Exhibit A. CONCLUSION The Administration recommends that the Commission adopt the basic operational guidelines for South Pointe Park as they relate to the park hours of operation, bicycles and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and special events in the park, as recommended by the Neighborhoods/ Community Affairs Committee at their meeting of February 16, 2010. JMG/ HMF/KS TAAGENDA\2010\April 14\Regular\Establishment of South Pointe Park Operational Guidelines 11 memo (3).doc 1540 of 2591 EXHIBIT A I" Ln A N 0 N cn PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 311olio) PARK HOURS BICYCLES & SKATEBOARDS MOTORIZED VEHICLES FISHING OR SWIMMING FACILITY RENTAL (Community Room in Pavilion Building) PLAYGROUND/TOT LOT PAVILION GENERAL Park: Sunrise to 10:00 p.m. Cutwa/k: Sunrise to 2:00 a.m. Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. Prohibited except for officially authorized government and government contractor vehicles. Prohibited in the park. Available when not programmed for public use. No sales/service/consumption of alcoholic beverage permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; Rentals not permitted for playground area or adjacent areas with tables. Pavilion rooftop rentals are not permitted. SPECIAL EVENTS CITY -PRODUCED NON CITY -PRODUCED NON CITY- PRODUCED, FIELD RENTALS TYPE SPECIAL EVENTS RECREATIONAL NON -RECREATIONAL SPECIAL EVENTS SPECIAL EVENTS Cultural or recreational Organized recreational Non -recreational special Recreational or non- events (or other events) events not produced by the events not produced by the recreational use of a field for produced or sponsored by City (e.g. biathlons, city (e.g. wedding, company non-league, non -organized the City; open to the triathlons, kite flying) that picnic, etc) that require a play/small scale private/non- general public. require a special event special event permit commercial events that do not permit because: because: require a special event permit PERMITTED USE ■ More than 100 people • More than 100 people because: expected; and/or expected; and/or • Only the use of the field (no • cannot be handled as a • Cannot be handled as a buildings); field rental; and/or field rental; and/or ■ Fewer than 100 persons; • Requires placement of • Requires placement of • Requires no temporary tents, etc. and/or tents, etc structures/supports. Max of 500 persons Max of 100 persons LOCATION Use areas not restricted; No use of the east lawn No use of the east lawn No use of the east lawn mostly use west lawn. FREQUENCY Max of six per fiscal year No limit, but: Max. of six per six months` No limit, but: • Max. two in a single Max. two in a single month • Only Monday -Thursday Max. two days per event month Max. one in a given week • No field rentals on holidays plus max. two days set up ■ Max. one in a given week ■ Field rentals not permitted and removal per event; Max. one day per event plus the same day as any setup & removal max. two days set up and special event in the Park. may not restrict public removal per event. Max. rental for four (4) hours access to the park. duration, including set-up and 'for trial period removal. Ln A N 0 Iv Lin co HOURS/DURATION Consistent with Park Consistent with Park hours Event hours from 10:00 am Field rentals permitted from OF EVENT hours to 10:00 pm 10:00 am to 6:00 pm only ALCOHOLIC No sales/service/ No sales/service/ No sales/service/ No sales/service/consumption BEVERAGES consumption of alcoholic consumption of alcoholic consumption of alcoholic of alcoholic beverages beverages permitted. beverages permitted. beverages permitted. permitted. AMPLIFIED Permitted from 10:00 am No live entertainment or No live entertainment or No live entertainment or SOUND/LIVE to 10:00 pm (or later to amplified sound. Limited use amplified sound. Limited use amplified sound. Limited use of ENTERTAINMENT accommodate a "Movie in of loudspeakers for event of loudspeakers for event loudspeakers for event the Park") management permitted. management permitted no management permitted no • Speakers must face Schedule for use to be earlier than 10:00 am and earlier than 10:00 am and no south approved in advance, but no no later than 8:00 pm. later than 6:00 pm. • Cannot exceed noise later than 8:00 pm. ordinance OTHER ■ City -produced special - Must apply for special ■ Must apply for special ■ Refundable deposit for events have priority event permit; event permit; damage/clean-up may be over non -City ■ All regular special event . ■ All regular special event required. requirements will apply requirements will apply • Field rental fee applies (e.g. notifications/sign- (e.g. notifications/sign- ■ Staffing / fee may be offs, parking & sanitation offs, parking & sanitation required. plan, security deposit, plan, security deposit, ■ Field Rental application to etc) etc) include use conditions/ • Special Event Permit to Special Event Permit to restrictions include use conditions/ include use conditions/ restrictions restrictions T 1AGENDAQ010\Apd1 WRegularlEstablishment of South Pointe Park Operational Guidelines Chan doc Concession Agreement for South Pointe Park Washington Avenue Entrance French Market 1543 of 2591 INDEX SECTION TITLE PAGE 1. TERM.................................................................................................................. 4 2. CONCESSION AREA.......................................................................................... 5 3. USE(S)................................................................................................................ 5 3.1.1 Facilities Design............................................................................................. 3.1.2 Placement of Facilities................................................................................... 5 3.1.2.1 Compliance with American with Disabilities Act(ADA)................................... 6 3.1.3 Set Up............................................................................................................6 3.1.4 Park............................................................................................................... 6 3.3 Field Monitor (Intentionally Omitted).............................................................. 8 3.4 Off -Duty Police (Intentionally Omitted............................................................8 3.5 Street Closure Permits (Intentionally Omitted) ............................................... 8 3.6 Parking (Bagging Parking Meters) (Intentionally Omitted) ..............................8 3.7 Vendor Selection / First Priority to Miami Beach Merchants ...........................8 3.8 Removal of Concession Facilities.................................................................. 8 3.9 Hurricane Evacuation Plan.............................................................................8 3.10 City Occupational Licenses............................................................................ 4. CONCESSION FEES............................................................................................8 4.1 Security Deposit (Intentionally Omitted).........................................................8 4.2 Percentage of Gross (PG) vs. Minimum Guarantee (MG) (Intentionally Omitted)....................................................................................8 4.3 Minimum Guarantee (MG) (Intentionally Omitted)..........................................8 4.4 ............... Use of Electricity (Intentionally Omitted).. ..................................... ... 8 4.5 Sales and Use Tax (Intentionally Omitted)....................................................9 5. MAINTENANCE AND EXAMINATION OF RECORDS..........................................9 6. INSPECTION AND AUDIT...................................................................................9 7. TAXES, ASSESSMENTS, AND UTILITIES......................................................... 9 7.1.1 Electricity (Intentionally Omitted) ........................................... ....10 ................... 7.2 Ad Valorem Taxes.......................................................................................10 7.3 Utilities.........................................................................................................10 8. EMPLOYEES AND INDEPENDENT CONTRACTORS.....................................10 9. SCHEDULE OF OPERATION...........................................................................10 9.1 Day(s) of Operation.......................................................................................10 9.2 Operating Hours............................................................................................10 10. MAINTENANCE................................................................................................11 10.2 Garbage Receptacles..................................................................................11 10.3 Pressure Cleaning.......................................................................................11 10.4 Compliance with CDC Guidelines...............................................................11 10.5 Orderly Operation........................................................................................11 10.6 No Dangerous Materials..............................................................................12 10.7 Security........................................................................................................12 10.8 Vehicles on Public Right-of-Way..................................................................12 10.9 Inspection....................................................................................................13 SECTION TITLE PAGE 11. INSURANCE.....................................................................................................13 12. INDEMNITY .............................................. ..............14 ........................................... 13. DEFAULT AND TERMINATION ........................... ................14 ............................. 13.1 Bankruptcy...................................................................................................14 13.2 Default in Payment......................................................................................14 13.3 Non -Monetary Default..................................................................................15 2 1544 of 2591 13.4 City's Remedies for Concessionaire's Default..............................................15 13.6 Termination for Convenience/Partial Termination ............15 13.7 Surrender of Concession Area.....................................................................16 14. PERFORMANCE BOND OR ALTERNATE SECURITY (Intentionally Omitted). 17 15. ASSIGNMENT..................................................... ...............17 ............................... 16. SPECIAL EVENTS ............................ :............................................................... 17 16.2 City Special Events......................................................................................18 17. NO IMPROPER USE.........................................................................................18 18. PRICE SCHEDULES.........................................................................................19 19. NOTICES..........................................................................................................19 20. LAWS................................................................................................................19 20.1 Compliance....................................................................... ...........19 ................ 20.2 Governing Law.............................................................................................19 20.3 Equal Employment Opportunity...................................................................19 20.4 No Discrimination ...................... 21. FORCE MAJEURE.............................................................................20 22. CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 21 22.4 Request for Records ........................... I............................ ...........22 22.5 Civil Action........................................................................................22 23. PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES.....................................................................23 24. INSPECTOR GENERAL AUDIT RIGHTS....................................................24 25. E-VERIFY...........................................................................................25 26. LIMITATION OF LIABILITY..............................................................................26 27. VENUE..............................................................................................................26 28. CONFLICT OF INTEREST................................................................................ 26 29. COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS .............................. 26 30. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT........................... .............................................................................. 26 31. PROHIBITION ON CONTRACTING WITH INDIVIDUAL/ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE ..................................................... 27 32, PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED............................................................... 27 33. PEPSI AND RED BULL EXCLUSIVITY............................................................. 27 34. MISCELLANEOUS............................................................................................ 28 34.1 No Partnership............................................................................................. 28 34.2 Modifications ...................... 34.3 Complete Agreement................................................................................... 28 34.4 Headings..................................................................................................... 28 34.5 Binding Effect............................................................................................... 28 34.6 Clauses........................................................................................................ 28 34.7 Severability.................................................................................................. 28 34.8 Right of Entry ............................................................................................... 28 34.9 Not a Lease................................................................................................. 28 34.10 Signage....................................................................................................... 29 34.11 Use of Park/Right-of-Way............................................................................ 29 34.12 Conflict of Interest........................................................................................ 29 34.13 Reasonableness.......................................................................................... 29 34.14 Procedure for Approvals and/or Consents ................................................... ..................... 29 34.15 No Waiver ................ 34.16 No Third Party Beneficiary ........................................................................... 29 1545 of 2591 CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. FOR MANAGEMENT AND OPERATION OF THE FRENCH MARKET THIS CONCESSION AGREEMENT (this "Agreement") is made the day of , 2026, with an effective date of April 6, 2025 ("Effective Date") between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter called the "City"), having its principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP., a Florida not -for -profit corporation, with offices at 387 NE 1671" Street, North Miami Beach, Florida 33162 (hereinafter called "Concessionaire"). WITNESSETH WHEREAS, on March 19, 2025, the Mayor and City Commission adopted Resolution No. 2025- 33566, accepting the recommendation of the Public Safety and Neighborhood Quality of Life Committee and authorizing the City Manager to negotiate and execute a Concession Agreement between the City and Concessionaire for the management and operation of a French Market at the South Pointe Park, Washington Avenue entry plaza, during a six -moth pilot program ("Pilot Program"), commencing on April 6, 2025, and waiving payment of concession fees to the City during the Pilot Program; and should the Pilot Program prove to be successful, the City Commission of the City of Miami Beach ("City Commission") may waive the formal competitive bidding requirements, as set forth in Section 2-367(e) of the City Code, and approve an extended term with modified business terms; and WHEREAS, on , the Mayor and City Commission adopted Resolution No. 2026- accepting the written recommendation of the City Manager and waiving, by 5/7th vote, the formal competitive bidding requirement as permitted in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and approving, in substantial form, this new Agreement; authorizing the City Manager to finalize this Agreement: and further, authorizing the City Manager and City Clerk to execute this Agreement. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties to incorporated as part of this Agreement the above recital as true and correct, and further agree as follows: SECTION 1. TERM. This Agreement shall have an initial term of three (3) years, commencing retroactively on October 1, 2025 and expiring on September 30, 2028. Provided that Concessionaire is in good standing and free from default(s) under this Agreement, and upon written notice from Concessionaire to the City Manager no later than one hundred twenty (120) days, but in any case no later than sixty (60) days prior to the expiration of the initial term or an approved renewal term, this Agreement may be extended by the City Manager for two (2) additional one-year renewal terms. Any renewal terms, if approved by the City Manager, in the City Manager's sole discretion, shall be memorialized in writing and signed by the parties hereto. The initial term and any renewal terms approved by the City Manager shall be collectively referred to herein as the "Term". 1546 of 2591 SECTION 2. CONCESSION AREA. The City hereby grants to the Concessionaire the exclusive right, during the Term of this Agreement, to operate a concession for an open-air street market, as described herein, in the following area (hereinafter referred to as the "Concession Area"): 2.1 South Pointe Park Concessionaire shall also have the right to utilize the South Point Park ("Park") entrance area at Washington Avenue, around the Mark Overton Fountains, as more particularly depicted in Exhibit 2.1 ("Concession Area"). Notwithstanding the use of the Concession Area granted to Concessionaire above, Concessionaire herein understands, agrees, and acknowledges that the Concession Area, along with any and all other Park areas, including public right-of-way area(s) not specifically identified herein, are public and, as such, must remain available for the use and enjoyment of the general public whether or not the public chooses to purchase any of Concessionaire's goods, or otherwise partake of any of the services it provides. In the event that a member of the public is within a particular area of the Concession Area, Concessionaire agrees to allow for his/her continued peaceful enjoyment of said area. SECTION 3. USE(S). The Concessionaire is hereby authorized to conduct the following kind(s) of business(es) within the Concession Area, as provided below, all at its sole cost and expense: 3.1 Concessionaire shall operate and manage an open-air street market, commonly known and referred to herein as the 'French Market" (the "Market'), which shall provide a venue for vendors to sell and/or provide the following: diverse selection of local and French artisans offering handmade goods, including French pastries, jewelry and accessories and other artisan products, as more particularly described in Exhibit 3.1, attached hereto and incorporated into this Agreement. 3.1.1 Facilities Design: The design, type, material, and color of any and all booths, tenants, tables, signs and other facilities ("collectively, the "facilities") to be placed on the Concession Area shall be approved in writing by the City's Planning Department prior to the Commencement Date of this Agreement. A photo or photo(s) of City -approved facilities is incorporated herein as Exhibit 3.1.1. Thereafter, Concessionaire shall not change, alter, or modify said City -approved design, type, material and color of any facilities without the prior written consent of the City Manager or City Manager's designee, and, if so approved, an updated Exhibit 3.1.1 will be made a part of and incorporated into this Agreement. As referenced in this Agreement, the City Manager's designee shall be the Director of Parks and Recreation Department. 3.1.2 Placement of Facilities: All respective facilities within the Concession Area shall be placed substantially in accordance with an approved site plan, to be approved in writing by the City Manager or City Manager's designee, which will be attached hereto and incorporated herein as part of Exhibit 2.1. The maximum allowable tent Spaces is, 30, subject to change by City, at City's sole discretion. Concessionaire shall not deviate from or alter the approved site plan without the prior written consent of the City Manager or City Manager's designee. 1547 of 2591 3.1.2.1 Compliance with American with Disabilities Act (ADA) and any other applicable accessibility standards: Concessionaire agrees and acknowledges that during all periods when its Market is in operation, including set-up and break -down periods, it shall comply with ADA standards, Florida Accessibility Code standards, and any other applicable accessibility standards required by law, including the provisions of the City's "Special Events Disability Access Punch List', attached hereto and incorporated as Exhibit 3.1.2.1 herein. Concessionaire's compliance with the provisions set forth in the attached Exhibit 3.1.2.1. includes, but shall not be limited to, any and all responsibilities associated with `Event Producer" as described therein. 3.1.2.2 The Concessionaire's responsibility to comply with the aforementioned provisions in Subsection 3.1.2.1 include, but are not limited to, ensuring that there is an accessible path of travel from the handicap designated parking spaces and public transportation stops within the boundary of, areas associated with, and entrances to South Pointe Park. Concessionaire shall: a. maintain accessible path(s) of travel that permit the unobstructed access to the entryways of all buildings, facilities, elements and spaces along the Park areas; b. maintain an unobstructed accessible path of travel on both the east sidewalk and the west sidewalk of the Park; and c. maintain an unobstructed accessible path(s) of travel from the north walkway to the south walkway of the Park. 3.1.2.3 Notwithstanding the above, Concessionaire's responsibility to comply with the requirements of this Section 3.1.2.1 and Section 3.1.2.2 shall be limited to those areas within the Concession Area as provided in Section 2.1 herein. 3.1.3 Set Up: The set up of facilities to be placed within the Concession Area, substantially in the vicinity of the fountain area shall be in accordance with the days and hours of operation in Section 9. Placement of vendor facilities shall be in accordance with and shall not exceed the maximum number of 30 (10' x 10") tent spaces. 3.1.4 Park: The City and Concessionaire agree and acknowledge that the public's use of the Park is a prime consideration and must be balanced accordingly with Concessionaire's proposed operations, as set forth herein. Accordingly, notwithstanding the site plans and maximum numbers (as provided for in the Set Up period) set forth in Subsection 3.1.3, Concessionaire further agrees that, notwithstanding its right to set up its maximum numbers, it will not alter or modify its site plans without the prior written consent of the City Manager or his designee. Notwithstanding the preceding paragraph, City and Concessionaire may, from time to time, meet to review and, subject to City's prior written consent, revise the maximum numbers (as provided for in the Set -Up period) set forth in Subsection 3.1.3. 1548 of 2591 3.1.5 The condition and quality of Concessionaire's facilities shall at all times be maintained in a manner that is consistent with the condition and quality of similar facilities in first class open air markets located in other world class areas. It is the City's intent, and Concessionaire hereby agrees and acknowledges same, to develop and promote world class open air street market facilities and operations that would be comparable to those found in other world class public areas. Accordingly, Concessionaire shall not only, at a minimum, ensure that all facilities placed within the Concession Area are well maintained and in usable condition, but shall adhere, as indicated in this Subsection, to high ongoing maintenance standards for same consistent with the aforementioned condition and quality. 3.1.6 Quality of goods and services offered will be first-rate and comparable to that available in open air markets in other world class areas on par with the City of Miami Beach or, at a minimum, to the quality and pricing of goods and services provided by privately owned businesses selling like goods and services within the City of Miami Beach. 3.1.7 In addition to Concessionaire's general maintenance obligations for the Concession Area, as set forth in Section 10 hereof, all portions of the Concession Area shall at all times be maintained in a clean and sanitary manner. 3.1.8 The concession operations shall be offered to patrons at all times during the days and hours of operation set forth in Section 9 herein. However, if the City, at its sole discretion, deems that there is a decrease in demand for the concession operations, or if the Concessionaire provides the City with written notice that it is desirous of reducing its hours of operation, (i) the City shall provide Concessionaire with a minimum of two (2) weeks prior written notice, requesting the specific decrease in Concessionaire's operation, or (ii) Concessionaire shall provide the City with, at minimum, two weeks prior written notice, requesting to reduce said hours, for the City's written approval prior to implementing said schedule of reduced hours of operation. Said notice to the City shall include the newly proposed schedule of operation. In the event the City requests that Concessionaire decrease its operations pursuant to this Subsection, then the partial termination provisions of Subsection 13.6.3 shall apply. Similarly, if Concessionaire is desirous of increasing its hours of operation in the Concession Area then, in that event, the Concessionaire shall obtain the City's prior written consent. Concessionaire agrees and acknowledges that any Concessionaire requested reduction in the scheduled hours of operation as may be provided herein shall not in any way reduce Concessionaire's financial responsibility to the City, as required in Section 4, except if same is deemed by the City to be a partial termination pursuant to Subsection 13.6.3. 3.2 In the event that the City Manager or his designee determines, at his sole option and discretion, that all or a portion of Concessionaire's proposed uses, pursuant to Subsection 3.1 and as defined in Section 3.2, are no longer desired, then the City may revoke Concessionaire's right to provide all or a portion of said uses, without cause, upon thirty (30) days written notice to Concessionaire. 1549 of 2591 3.3 Field Monitor. Intentionally omitted. 3.4 Off -Duty Police. Intentionally omitted during initial term of this Agreement. 3.5 Street Closure Permits. Intentionally omitted during initial term of this Agreement. 3.6 Parkina (Baaain Parkina Meters). Intentionally omitted during initial term of this Agreement 3.7 Vendor Selection/First Priority to Miami Beach Merchants. Notwithstanding the foregoing, and for purposes of this Section 3.7, in the event that the number of responsive Miami Beach licensed merchants desirous of participating in the Market would cause Concessionaire to displace any vendors who have been and are currently and actively participating in the Market as of the date of execution of this Agreement, and such displacement is directly due to lack of available space within the Concession Area, then in such event Concessionaire and the City agree to meet and discuss, in good faith, and make reasonable efforts to resolve this matter. It is understood by the parties herein, that the intent of this Subsection 3.7 is not to displace vendors who are currently and actively participating in the Market but to provide opportunities for those Miami Beach licensed merchants who desire to participate in the Market. 3.8 Removal of Concession Facilities. Concessionaire agrees that all its facilities or other items used in the concession operations will be removed from the Park/Concession Area and said removal shall be done on a daily basis, in compliance with the time parameter(s) set forth in Subsection 9.2 herein. 3.9 Hurricane Evacuation Plan. Concessionaire agrees that all its facilities or other items used in the concession operations will be removed from the Park/Concession Area and said removal shall immediately begin no later than upon the issuance of a Hurricane Waming by the Miami -Dade County Office of Emergency Management, and stored at a private, off -site location. 3.10 City Occupational Licenses. Concessionaire shall obtain, at its sole cost and expense, any occupational licenses required by City law, as amended from time to time, for its proposed operations, as contemplated in Section 3 of this Agreement. For purposes of this Agreement, Concessionaire shall obtain the applicable "Agents, Broker, Dealers..." category City occupational license. SECTION 4. CONCESSION FEES/SECURITY DEPOSIT/PERCENTAGE OF GROSS PAYMENT/MINIMUM GUARANTEE PAYMENT/ELECTRICITY/LATE PAYMENT/SALES AND USE TAX. Intentionally Omitted/Waived during the initial term of this Agreement. 4.1 Security Deposit. (Intentionally Omitted) 4.2 Percentage of Gross (PG) vs. Minimum Guarantee (MG). (Intentionally Omitted) 4.3 Minimum Guarantee (MG). (Intentionally Omitted) 4.4 Use of Electricity. (Intentionally Omitted) 1550 of 2591 4.5 Sales and Use Tax. (Intentionally Omitted) SECTION 5. MAINTENANCE AND EXAMINATION OF RECORDS. Intentionally Omitted/Waived during the initial term of this Agreement. SECTION 6. INSPECTION AND AUDIT. Concessionaire shall maintain its financial and other records pertaining to its operations under this Agreement for a period of three (3) years after the conclusion of the Term, and such records shall be open and available to the City Manager or his designee, as deemed necessary by the City Manager or City Manager's designee. Concessionaire shall maintain all such records at its principal office, currently located at 387 N.E. 167'l Street, North Miami, Florida, 33162; however, at the request of the City Manager or City Manager's designee, all such records shall be relocated, at Concessionaire's expense, to a location within the City of Miami Beach, within ten (10) days written notice from the City that the City desires to review said records. The City Manager or City Manager's designee shall be entitled to audit Concessionaire's records pertaining to its operation as often as it deems reasonably necessary throughout the Term of this Agreement, and three (3) times within the three (3) year period following termination of this Agreement, regardless of whether such termination results from the natural expiration of the Term or for any other reason. The City shall be responsible for paying all costs associated with such audits, unless Concessionaire is required to pay the City payments based upon a percentage of gross receipts (PG) under this Agreement and the audit(s) reveals a deficiency of five percent (5%) or more in Concessionaire's statement of gross receipts for any year or years audited, in which case Concessionaire shall pay to the City, within thirty (30) days of the audit being deemed final (as specified below), the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest; provided, however, the audit shall not be deemed final until Concessionaire has received the audit and has had a reasonable opportunity to review the audit and discuss the audit with the City. Nothing contained within this Section shall preclude the City's audit rights for resort tax collection purposes. In the event Concessionaire is required to submit PG payments to the City, Concessionaire shall submit, within ninety (90) days from the end of each calendar year (December 311) during the Term, an audited annual statement of gross receipts for the Market, in a form consistent with generally accepted accounting principles. It is Concessionaire's intent to stay informed of comments and suggestions by the City regarding Concessionaire's performance under this Agreement. Within thirty (30) days after the end of the initial term and the end of each calendar year for each complete year during the Term, Concessionaire and City may meet to review Concessionaire's performance under this Agreement. At the meeting, Concessionaire and City may discuss quality, operational, maintenance and any other issues regarding Concessionaire's performance under this Agreement. SECTION 7. TAXES, ASSESSMENTS, AND UTILITIES. 7.1 Concessionaire agrees to and shall pay before delinquency all taxes (including, but not limited to, resort taxes) and assessments of any kind assessed or levied upon Concessionaire by reason of this Agreement or by reason of the business or other activities and operations of Concessionaire upon or in connection with the Concession Area. Concessionaire will have the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax and/or assessment by appropriate proceedings diligently conducted in good faith. Concessionaire may refrain from paying a tax or assessment to the extent it is contesting the assessment or imposition of same in a manner that is in accordance with law; provided, however, if, as a result of such contest, additional delinquency charges become due, Concessionaire shall be responsible for such 9 1551 of 2591 delinquency charges, in addition to payment of the contested tax and/or assessment if so ordered. Concessionaire shall also pay for any fees imposed by law for licenses or permits for any business, activities, or operations of Concessionaire upon the Concession Area. 7.1.1 Electricity. (Intentionally Omitted) 7.2 Procedure If Ad Valorem Taxes Assessed. Notwithstanding Subsection 7.1 above, the parties agree that the concession operations contemplated herein are for public purposes and, therefore, no ad -valorem taxes should be assessed by the Miami -Dade County Tax Appraiser. If, however, said ad -valorem taxes are assessed, any assessment associated with Concessionaire's operations shall be the responsibility of Concessionaire. 7.3 Utilities. The City will not be installing any new utility outlets or other utility infrastructure in the Concession Area. Concessionaire acknowledges that the Concession Area in its existing condition is acceptable and meets Concessionaire's operational needs. SECTION S. EMPLOYEES AND INDEPENDENT CONTRACTORS. 8.1 In connection with the performance of its responsibilities hereunder, Concessionaire may hire its own employees and/or independent contractors, who will be employees and/or independent contractors of Concessionaire and not employees or agents of the City. Additionally, Concessionaire's vendors shall not be considered agents or employees of the City. Concessionaire shall select the number, function, qualifications, compensation, including benefits (if any), and may, at its discretion and at any time, adjust or revise the terms and conditions relating to its employees and/or independent contractors. 8.2 Concessionaire shall ensure that all its employees and/or independent contractors observe all the graces of personal grooming. The Concessionaire shall hire people to work in its concession operation who are neat, clean, well-groomed and shall comport themselves in a professional and courteous manner and ensure that its vendors and/or independent contractors comply with same. Neither Concessionaire nor any employees, agents or anyone selected by Concessionaire as a vendor for the Market shall have been convicted of a felony. If Concessionaire materially fails to comply with this provision, the City may default Concessionaire pursuant to Section 13 herein. 8.3 Concessionaire supervisory/management employee shall be on duty and on -site within the Concession Area, or available via telephone, at all times during which the Market is operating, including but not limited to Set -Up and Move -Out periods, as defined in Subsection 9.2 herein. SECTION 9. SCHEDULE OF OPERATION. Concessionaire's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events of force majeure permitting. 9.1 Day(s) of Operation: first Sunday of each month 9.2 Operating Hours: Set -Up: Must not begin earlier than 6:00 AM and end by 10:00 AM 10 1552 of 2591 Market operating hours: Daylight Savings Time: Eastern Standard Time Move -Out: Daylight Savings Time: Eastern Standard Time: 9:00 AM to 6:00 PM 9:00 AM to 5:00 PM 5:00 PM to 7:00 PM 4:00 PM to 6:00 PM Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the days and hours of operation requested pursuant to Subsection 3.1.10. SECTION 10. MAINTENANCE. 10.1 The Concessionaire accepts the use of the Concession Area provided in this Agreement in its "as is" condition. Concessionaire assumes sole responsibility and expense for maintenance of the Concession Area and its facilities therein. This shall include daily removal of litter, garbage and debris, said removal to be the sole responsibility and expense of Concessionaire. Daily maintenance shall be accomplished on all days and hours Concessionaire operates. Concessionaire agrees, also at its sole cost and expense, to pay for all garbage disposal generated by its operations. 10.2 Garbage Receptacles. With respect to litter, garbage and debris removal, the Concessionaire shall provide, at its sole cost and expense, receptacles within the confines of the Concession Area and shall provide a sufficient number of these receptacles for its own use and for the use of the public that patronizes the Market. Disposal of the contents of said receptacles and removal of litter, garbage and debris within the Concession Area, shall be accomplished by the end of the day on all days on which the Concessionaire operates, and shall be the sole responsibility of the Concessionaire. Any costs for removal of the contents of said trash receptacles by the City, because of the Concessionaire's failure to do the same, will be charged to, and become the responsibility of. the Concessionaire. The dumping or disposal of any refuse, discards, trash or garbage, generated by, or as a result of the concession operations, into any City trash receptacles by the Concessionaire (including its staff, employees and/or vendors) shall be strictly prohibited. Determination of the "number" of receptacles shall at all times be within the City's sole discretion, and Concessionaire shall agree to be bound by same. 10.3 Pressure Cleaning. Intentionally Omitted/Waived during the initial term of this Agreement. 10.4 Compliance with CDC Guidelines. Concessionaire shall comply with all applicable CDC Guidelines, as may be amended from time to time. 10.5 Orderly Operation. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the Concession Area and all facilities incident thereto. The Concessionaire shall make available all operations and facilities within the Concession Area (including but not limited to vendor facilities) for examination during days and hours of operation by the City Manager or his authorized representative. 11 1553 of 2591 10.6 No Dangerous Materials. 10.6.1 The Concessionaire agrees not to use or permit in the Concession Area and/or facilities the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Concession Area and/or facilities shall be immediately removed. 10.6.2 Notwithstanding any contrary provisions of this Agreement, Concessionaire, after the Commencement Date, shall indemnify, defend and hold City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Concessionaire, and/or its employees, vendors, agents and/or subcontractors, after the Commencement Date, but during the Term of this Agreement, of any hazardous substance or petroleum products on, under, in or upon the Concession Area as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, Concessionaire shall have no liability in the event of the gross negligence of the City, its agents, servants or employees. The provisions of this Subsection 10.6 shall survive the termination or earlier expiration of this Agreement. 10.7 Security. The Concessionaire shall be responsible for and provide reasonable security measures which may be required to protect the Concession Area and any of the facilities, goods and/or other equipment thereon. Under no circumstances shall the City be responsible for any stolen or damaged goods, facilities, materials and/or other equipment, nor shall City be responsible for any stolen or damaged personal property of Concessionaires employees, vendors, patrons, guests, invitees, and/or other third parties. 10.8 Vehicles on the Public Right -of -Way. Concessionaire's employees, vendors, patrons, guests, invitees, and/or other third parties vehicles and/or trailers shall only be allowed on the street adjacent to Concession Area/public right-of-way for purposes of setting up the concession operations, and to remove same at the close of operations each day, and any and all such vehicles for purposes thereon must be removed from the public right-of-way immediately thereafter. Concessionaire shall contractually require that anyone operating a vehicle for, or on behalf of Concessionaire and/or its employees, agents, and/or vendors, must have.a current valid Florida Driver's License. Said set-up and move -out operations shall only be permitted during regular hours for same, pursuant to Subsection 9.2 herein, and shall be completed safely and expeditiously. No vehicular traffic or parking will be permitted on the Park property or adjoining public right-of-way during concession hours of operation, pursuant to Subsection 9.2 herein. Access to the Park shall only be permitted via specifically designated points authorized for such use and the nearest authorized access to a concession vendor's operation. Vehicles operated on the public right-of-way near the Concession Area shall not exceed 5 M.P.H. and shall only operate in the immediate vicinity of the Concession, or to -and -from the nearest predetermined and assigned access point. After transporting facilities, goods, merchandise, equipment, and/or other items to the Concession Area, the vehicles shall be removed from the public right-of-way and parked in a legally authorized location. Driving on 12 1554 of 2591 the public right-of-way shall be kept to a minimum. No vehicular traffic will be permitted on the public right-of-way, at any time or for any purpose, other than as stated herein. No vehicular traffic shall be permitted on the Park grounds. Vehicle operator must inspect the vehicles perimeter and surrounding area, prior to turning the vehicles ignition switch, to assure a clear path of egress and only proceed with extreme caution. 10.9 Inspection. The Concessionaire agrees that the Concession Area and all facilities and operations thereon, including but not limited to vendor booths, may be inspected at any time during days and hours of operation by the City Manager or his designee, or by any other Municipal, County, State officer, or agency having responsibilities for inspections of such operations. The Concessionaire hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. SECTION 11. INSURANCE. Concessionaire shall maintain, at its sole cost and expense, the following types of insurance coverage at all times throughout the Term of this Agreement. a. Comprehensive General Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operations, products and contractual liability. b. Workers Compensation Insurance shall be provided as required under the Laws of the State of Florida. Failure to procure or maintain the required insurance program shall, at the City's discretion, either (1) constitute an automatic default of the Concession Agreement under which the City may, upon written notice to Concessionaire, immediately terminate this Agreement; or (ii) the City, in its sole discretion, may obtain the insurance itself, in which case said insurance shall be charged back to the Concessionaire as provided in the following paragraph. The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or his designee. Prior to the Commencement Date of this Agreement, Concessionaire shall provide City with a Certificate of Insurance for each such policy. ALL POLICIES (EXCEPT FOR WORKERS COMPENSATION COVERAGE) SHALL NAME THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL NAMED INSURED. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the approval of the City's Risk Manager. Should Concessionaire fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, automatically terminate this Agreement or, in the alternative, deem to obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by Concessionaire to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If Concessionaire fails to repay Citys expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of eighteen percent (18%) per annum or the highest rate allowed by Florida law, whichever is less, from the due date of payment until such time as payment is actually received by the City, or, at its option, the City may declare this Agreement in default pursuant to Section 13 herein. 13 1555 of 2591 SECTION 12. INDEMNITY. 12.1 In consideration of a separate and speck consideration of Ten ($10) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of Concessionaire, and/or its vendors, agents, servants, employees and/or subcontractors in the performance of services under this Agreement. 12.2 In addition, in consideration of a separate and specific consideration of Ten ($10) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its agents, servants or employees, from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of Concessionaire, and/or its vendors, agents, servants, employees and/or subcontractors not included in the paragraph in the Subsection above and for which the City, its agents, servants or employees are alleged to be liable. 12.3 Subsections 12.1 and 12.2 shall survive the termination or expiration of this Agreement. Subsections 12.1 and 12.2 shall not apply, however, to any such liability, that arises as a result of the gross negligence of the City, its agents, servants or employees. 12.4 Subrogation. The terms of insurance policies referred to in Section 11 shall preclude subrogation claims against Concessionaire, the City and their respective officers, employees and agents. SECTION 13. DEFAULT AND TERMINATION. Subsections 13.1 through 13.3 shall constitute events of default under this Agreement. An event of default by Concessionaire shall entitle City to exercise any and all remedies described as City's remedies under this Agreement, including but not limited to those set forth in Subsection 13.4. An event of default by City shall entitle Concessionaire to exercise any and all remedies described as Concessionaire's remedies under this Agreement, including but not limited to those set forth in Subsection 13.5. 13.1 Bankruptcy. If either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 13.2 Default in Payment. In the event Concessionaire fails to submit any payment within five (5) days of its due date, there shall be a late charge of $50.00, in addition to interest at the rate of eighteen percent (18%) per annum or the highest rate allowable by Florida law, whichever is less. If any payment and accumulated penalties are not received within fifteen (15) days after the 14 1556 of 2591 payment due date, and such failure continues three (3) days after written notice thereof, then the City may, without further demand or notice, terminate this Concession Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. 13.3 Non -Monetary Default. In the event that Concessionaire or the City fails to perform or observe any of the covenants, terms or provisions under this Agreement, and such failure continues thirty (30) days after written notice thereof from the other party hereto, such non -defaulting party may immediately or at any time thereafter, and without further demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but in no event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. In the event Concessionaire cures any default pursuant to this Subsection, it shall promptly provide City with written notice of same. 13.4 City's Remedies for Concessionaire's Default. If any of the events of default by Concessionaire, as set forth in this Section 13, shall occur, the City may, after notice (if required) and the expiration of cure periods (as provided above), at its sole option and discretion, institute such proceedings as in its opinion are necessary to cure such defaults and to compensate City for damages resulting from such defaults, including but not limited to the right to give to Concessionaire a notice of termination of this Agreement. If such notice is given, the Term of this Agreement shall terminate upon the date specified in such notice from City to Concessionaire. On the date so specified, Concessionaire shall then quit and surrender the Concession Area to City pursuant to the provisions of Subsection 13.7. Upon the termination of this Agreement, all rights and interest of Concessionaire in and to the Concession Area and to this Agreement, and every part thereof, shall cease and terminate and City may, in addition to any other rights and remedies it may have, retain all sums paid to it by Concessionaire under this Agreement. In addition to the rights set forth above, City shall have the rights to pursue any and all of the following: a. the right to injunction or other similar relief available to it under Florida law against Concessionaire; and or b. the right to maintain any and all actions at law or suits in equity or other proper proceedings to obtain damages resulting from Concessionaire's default. 13.5 If an event of default by the City, as set forth in this Section 13, shall occur, the Concessionaire may, after notice (if required) and the expiration of the cure periods (as provided above), at its sole option and discretion, terminate this Agreement upon written notice to the City and/or sue for damages, subject to the limits set forth in Section 26. Said termination shall become effective upon receipt of a written notice of termination by the City, but in no event shall Concessionaire specify a termination date that is less than sixty (60) days from the date of the written termination notice. On the date specified in the notice, Concessionaire shall quit and surrender the Concession Area to City pursuant to the provisions of Subsection 13.7. 13.6 Termination for Convenience/Partial Termination. 13.6.1 Notwithstanding the provisions of this Section 13, this Agreement may be terminated by the City, for convenience and without cause, upon the furnishing of thirty (30) 15 1557 of 2591 days prior written notice to Concessionaire. Additionally, in the event of a public health, welfare or safety concern, as determined by the City Manager, in the City Manager's sole discretion, the City Manager, pursuant to a verbal or written notification to Concessionaire, may immediately suspend the services under this Agreement for a time certain, or in the alternative, terminate this Agreement on a given date. Conversely, this Agreement may be terminated by the Concessionaire, for convenience and without cause, upon the furnishing of thirty (30) days prior written notice to City. 13.6.2 Concessionaire acknowledges that the City may develop a schedule of capital improvements for the right-of-way or other improvements within the Park, including all or a portion of the Concession Area, which may entail a closure of all or a portion of the right-of-way, Park and/or Concession Area. In the event that the City closes down the Park or any other portion of the Concession Area, for the purpose of undertaking a capital improvement plan thereon, then the parties agree that the this Agreement may be terminated or, in the alternative, the portion of this Agreement referencing said individual Concession Area shall be partially terminated for convenience, without cause and without penalty to either party, and only as to that portion of the Concession Area which has been closed. Such a termination shall become effective upon thirty (30) days prior written notice to Concessionaire. 13.6.3 In the event of termination or partial termination by City of this Agreement pursuant to this Subsection, Concessionaire herein acknowledges and agrees that it shall not have any claim, demand, or cause of action of whatsoever kind or nature, against the City, its agents, servants and employees (including, but not limited to, claims for interference in business or damages for interruption of services or interference in its concession operations by Concessionaire or its vendors). However, if it is determined, via a contract year end -review, that a termination or partial termination results in a decrease to the gross revenues derived by the Concessionaire and Concessionaire is required under this Agreement to make a MG payment to the City, then Concessionaire's MG amount due to the City, pursuant to Section 4.3, if any, shall be reduced proportionately equal to the percentage of Concession Area that was terminated or partially terminated and for the period of time of said partial termination. 13.6.4 In the event of termination for convenience by Concessionaire pursuant to Subsection 13.6.1, Concessionaire herein acknowledges and agrees that it shall not have any claim, demand, or cause of action of whatsoever kind or nature, against the City, its agents, servants and employees. Moreover, Concessionaire's MG amount due to the City, pursuant to Section 4.3, shall be reduced proportionately equal to the period of time remaining on the current Term of this Agreement. 13.7 Surrender of Concession Area. At the expiration of this Agreement, or in the event of a partial termination or termination of the entire Agreement, Concessionaire shall surrender the Concession Area (or portion thereof in the event of a partial termination) in the same condition as the Concession Area was prior to the commencement of this Agreement, reasonable wear and tear excepted. Concessionaire shall remove all its facilities, equipment, fixtures, personal property, etc. upon two (2) hours written notice from the City Manager or his designee unless a longer time period is agreed to by the City. Concessionaire's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued 16 1558 of 2591 occupancy of the Concession Area (or portion thereof) after termination (or partial termination) of this Agreement shall constitute trespass by the Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall pay to the City One Thousand ($1,000) Dollars per day as liquidated damages for such trespass and holding over. SECTION 14. PERFORMANCE BOND OR ALTERNATE SECURITY. Intentionally Omitted. SECTION 15. ASSIGNMENT. Except as otherwise provided in this Subsection, or in this Agreement, Concessionaire shall not assign, sublease, grant any concession or license, permit the use of by any other person other than Concessionaire, or otherwise transfer all or any portion of this Agreement and/or of the Concession Area (all of the forgoing are herein after referred to collectively as "transfers"), without the prior written consent of the City. Concessionaire shall notify the City Manager or his designee of any proposed transfer, prior to consummation of same and the City or the City Manager or City Manager's designee, as applicable, shall respond within thirty (30) days. In the event that any such transfer is approved, the transferee shall agree to be bound by ail the covenants of this Agreement required of the transferor hereunder. Any transfer made without complying with this Section shall be null, void, and of no effect and shall constitute an act of default under this Agreement. Notwithstanding any such consent, or any permitted transfer under any provision of this Section, unless expressly released by the City, Concessionaire shall remain jointly and severally liable (along with each approved transferee, who shall automatically become liable for all obligations of the transferor hereunder with respect to that portion of this Agreement so transferred), and the City shall be permitted to enforce the provisions of this Agreement directly against Concessionaire and/or any transferee of the Concessionaire without proceeding in any way against any other person. For purposes of this Section 15, Concessionaire's selection of vendors for the Market shall not be deemed a transfer. SECTION 16. SPECIAL EVENTS. 16.1 Concessionaire's proposed uses, as set forth in Section 3 herein, do not contemplate the production, promotion or sponsorship by the Concessionaire of special events in any portion of the Concession Area. In the event Concessionaire does produce, promote or sponsor a special event in the Concession Area, it shall abide by the City's Special Events Permit Requirements and Guidelines, as same may be amended from time to time. For any use, other than those provided for in this Agreement, a Special Events Permit may be required and shall be obtained through the City's Department of Tourism, Culture and Economic Development Department. The City Manager's authorization must be obtained for any such special event. The City Administration shall evaluate requests for Special Events Permits on a case by case basis, in accordance with the City's Special Event Permit Requirements and Guidelines, as same may be amended from time to time. In the event that a special event and/or film permit is requested by an entity, other than the Concessionaire, and the proposed special event and/or film production is scheduled to occur within all or a portion of the Concession Area, the Concessionaire agrees to cooperate with the City and the special event permit applicant to allow use of the Concession Area during the period of the special event, including set-up and break -down time. 17 1559 of 2591 16.2 City Special Events. Notwithstanding Subsection 16.1 above, and in the event that the City, at its sole discretion, deems that it would be in the best interest of the City, the City reserves the right to displace the Concessionaire for City produced special events and/or other City produced productions. In such cases, the City may request that the Concessionaire cease and desist operations during the Term of, and in the area of, the special event and/or production, and the Concessionaire shall cease and desist during said term. In the event that it is determined, via a contract year end -review, that ceasing and desisting of concession operations, as stated herein, results in a decrease to the estimated gross revenues derived by the Concessionaire, and Concessionaire is obligated to make an MG payment to the City under this Agreement, then Concessionaire's MG amount due to the City, pursuant to Section 4.3, if any, shall be reduced proportionately equal to the percentage of reduced hours of operation caused by said special event and/or production. If the Concessionaire is not required to close, or chooses to remain open without interference to the special event and/or production, Concessionaire agrees to cooperate with the City. If the Concessionaire is allowed to remain open during special events and/or productions, the Concessionaire may be allowed to have in operation its normal daily complement of facilities and vendors. "Normal" shall be defined as facilities and vendors, as approved by the City, that the Concessionaire has available for the public on a normal business day. Such facilities and vendors shall not be increased or altered during special events and/or productions without the prior written permission of the City Manager or his designee. To the extent that the normal business day complement of facilities and vendors is displaced by the special event and/or production, the Concessionaire may reallocate such displaced facilities and vendors on a pro-rata basis within an area of the Concession Area not being utilized by the special event and/or production. For purposes of this Section 16, "normal business day" shall be defined as set forth in Section 9 herein, entitled "Schedule of Operations". 16.3 Notwithstanding anything to the contrary, if a City special event occurs in all or any portion of any Concession Area, Concessionaire shall not be liable for any charge, fee or other expense, governmental or otherwise, in connection with such special event. SECTION 17. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the Concession Area, operations, or facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or Municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Concessionaire will protect, indemnify, defend and forever save and keep harmless the City, its agents, employees and contractors from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire, its vendors, employees, agents, and/or subcontractors regarding the Concession. In the event of any violation by the Concessionaire, or if the City or its authorized representative shall deem any conduct on the part of the Concessionaire, its vendors, agents, employees and/or subcontractors, to be objectionable or improper, the City shall have the option, at its sole discretion, to either (i) automatically terminate this Agreement, upon prior written notice to Concessionaire, or to (ii) suspend the concession operations should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the City within twenty-four (24) hours after receiving written notice of the nature and extent of such violation, conduct, or practice, and such suspension shall continue until the violation is cured. The Concessionaire further agrees not to commence operations during the suspension until the violation has been corrected to the satisfaction of the City and confirmed in writing by the City Manager. 18 1560 of 2591 SECTION 18. PRICE SCHEDULES. Intentionally Omitted/Waived during the initial term of this Agreement. SECTION 19. NOTICES. All notices from the City to the Concessionaire shall be deemed duly served upon receipt, if mailed by registered or certified mail, return receipt requested, by overnight delivery or courier services to the Concessionaire at the following address: French American Association of Crafts & Trades Corp. 387 NE 1671" Street North Miami Beach, Florida 33162 All notices from the Concessionaire to the City shall be deemed duly served upon receipt, if mailed by registered or certified mail, return receipt requested, by overnight delivery or courier services to the City of Miami Beach at the following addresses: John Rebar, Director Parks and Recreation Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 with copies to: Eric T. Carpenter, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 The Concessionaire and the City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing and deemed received upon receipt of the notice. Notices to the other party in connection with the administration of this Agreement may be provided to the other party through email. SECTION 20. LAWS 20.1 Compliance. Concessionaire shall comply with all applicable City, Miami -Dade County, State, and Federal ordinances, statutes, rules and regulations, including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations. 20.2 Governing Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. In case of any inconsistency between the terms of this Agreement, and any applicable general or special law, said general or special law shall govern, unless otherwise provided herein. 20.3 Equal Employment Opportunity. Neither Concessionaire nor any affiliate of Concessionaire performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, sexual orientation, and disability, as defined in Title I of ADA. Concessionaire will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. 19 1561 of 2591 20.4 No Discrimination. The Concessionaire agrees that there shall be no discrimination as to race, sex, sexual orientation, color, creed, national origin, familial status, religion or handicap, in its employment practice or in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation within the Concession Area. All concession operations and services offered shall be made available to the public, subject to the right of the Concessionaire and the City to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the operations and the facilities. 20.4.1 Additionally, Concessionaire, by executing this Agreement, certifies that it will comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status domestic partner status, labor organization membership, familial situation, or political affiliation. SECTION 21. FORCE MAJEURE 21.1 "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Concessionaire or the City's obligations under this Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to this Agreement. 21.2 If the City or Concessionaire's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in no case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on this Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. 21.3 No party hereto shall be liable for its failure to carry out its obligations under this Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations 20 1562 of 2591 hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform, to the extent its inability to perform is the direct result of the Force Majeure event, with all reasonable dispatch. 21.4 Obligations pursuant to this Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 21.5 Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under this Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under this Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate this Agreement, on a given date, by giving written notice to Concessionaire of such termination, following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 21.5.1 Waiver of Loss from Hazards. The Concessionaire hereby expressly waives all claims against the City for loss or damage sustained by the Concessionaire resulting from an event of Force Majeure, and the Concessionaire hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. SECTION 22. CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 22.1 Concessionaire shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 22.2 The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 22.3 Pursuant to Section 119.0701 of the Florida Statutes, if Concessionaire meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Concessionaire shall: a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City's custodian of public records, provide the City 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 Chapter 119, Florida Statutes 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 this Agreement if Concessionaire does not transfer the records to the City; d. Upon completion of this Agreement, transfer, at no cost to the City, all public records in possession of Concessionaire or keep and maintain public records required by the City to 21 1563 of 2591 perform the service. If Concessionaire transfers all public records to the City upon completion of this Agreement, Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Concessionaire keeps and maintains public records upon completion of this Agreement, Concessionaire shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 22.4 Request for Records; Noncompliance. a. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Concessionaire of the request, and Concessionaire must provide the records to the City or allow the records to be inspected or copied within a reasonable time. b. Concessionaire's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate this Agreement, following written notice to Concessionaire, pursuant to the notice provisions of this Agreement, and Concessionaire failing to comply with the Public Records Request within eight (8) business days; (2) avail itself of the remedies set forth under this Agreement; and/or (3) avail itself of any available remedies at law or in equity c. If Concessionaire fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10, 22.5. CIVIL ACTION. a. If a civil action is filed against a Concessionaire to compel production of public records relating to the City's contract for services, the court shall assess and award against Concessionaire the reasonable costs of enforcement, including reasonable attomeys' fees, if: 1. The court determines that Concessionaire unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Concessionaire has not complied with the request, to the City and to Concessionaire. b. A notice complies with subparagraph (a)(2) if it is sent to the City's custodian of public records and to Concessionaire at Concessionaire's address listed on its contract with the City or to Concessionaire's registered agent. Such notices must be sent by common carrier delivery service or by registered, Concessionaire Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. C. If Concessionaire complies with a public records request within 8 business days after the notice is sent, Concessionaire shall not be liable for the reasonable costs of enforcement. 22.6. IF CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 22 1564 of 2591 CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 23. PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES, SINGLE USE PLASTIC BEVERAGE STRAWS AND SINGLE -USE PLASTIC STIRRERS. 23.1. Concessionaire hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Concessionaire shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7) in City facilities or on City property, in connection with any services performed pursuant to this Agreement. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Concessionaire. 23.2. Additionally, Concessionaire agrees and acknowledges that, pursuant to Section 82-8 of the City • Code, as may be amended from time to time, Concessionaire shall not sell, use, provide food in, or offer the use of single -use plastic beverage straws or single -use plastic stirrers (as defined in City Code Section 82-8) in City facilities or on City property, in connection with any services performed pursuant to this Agreement. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Concessionaire from providing a beverage with, or offering the use of, a single -use plastic beverage straw or single -use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single -use plastic stirrer. 23.3. Additionally, Concessionaire agrees to comply with Section 46-92(c) of the City Code, which provides that it is unlawful for any person to carry any expanded polystyrene product, single -use plastic beverage straw, or single -use plastic stirrer onto any beach or park within the City, or onto any city marina, pier, dock, or boat ramp. It is also unlawful for any business to provide single -use plastic beverage straws or single -use plastic stirrers with the service or delivery of any beverage to patrons on any beach within the City. Notwithstanding the above, the provisions in Section 46-92(c) that pertain to single -use plastic beverage straws and single -use plastic stirrers shall not apply to a person or patron with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single -use plastic stirrer. 23.4. As additional consideration for this Agreement, independent of the requirements set forth in Sections 82-7, 82-8 and 46-92(c) of the City Code, Concessionaire agrees to: a. not sell, use, provide food in, or offer the use of expanded polystyrene food service articles in any Concession Area. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Concessionaire; and b. not sell, use, provide food in, or offer the use of single -use plastic beverage straws or single - use plastic stirrers in any Concession Area. A violation of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above, Concessionaire shall be permitted to provide a beverage with, or offering the use of, a single -use plastic beverage 23 1565 of 2591 straw or single -use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single -use plastic beverage straw or single - use plastic stirrer; and C. not cant' any expanded polystyrene product, single -use plastic beverage straw, or single -use plastic stirrer onto any beach or park within the City, or onto any city marina, pier, dock, or boat ramp. SECTION 24. INSPECTOR GENERAL AUDIT RIGHTS. 24.1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 24.2. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Concessionaire, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 24.3 Upon ten (10) days written notice to the Concessionaire, the Concessionaire shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Concessionaire its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 24.4 The Inspector General shall have the right to inspect and copy all documents and records in the Concessionaire's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back - change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 24.5 The Concessionaire shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: 24 1566 of 2591 a. If this Agreement is completely or partially terminated, the Concessionaire shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and The Concessionaire shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 24.6 The provisions in this section shall apply to the Concessionaire, its officers, agents, employees, subcontractors and suppliers. The Concessionaire shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Concessionaire in connection with the performance of this Agreement. 24.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Concessionaire or third parties. SECTION 25. E-VERIFY 25.1 Concessionaire shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E- Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Concessionaire shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of this Agreement. Additionally, Concessionaire shall expressly require any subcontractor performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Concessionaire enters into a contract with an approved subcontractor, the subcontractor must provide the Concessionaire with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Concessionaire shall maintain a copy of such affidavit for the duration of this Agreement or such other extended period as may be required under this Agreement. 25.2. Termination Rights. a. If the City has a good faith belief that Concessionaire has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Concessionaire for cause, and City shall thereafter have or owe no further obligation or liability to Concessionaire. b. If the City has a good faith belief that a subcontractor has knowingly violated Section (a), but the Concessionaire otherwise complied with such section, the City will promptly notify the Concessionaire and order the Concessionaire to immediately terminate this agreement with the subcontractor. Concessionaire's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Concessionaire's Agreement for cause. A contract terminated under the foregoing Subsections 25.2(a) or 25.2(b) is not in breach of contract and may not be considered as such. The City or Concessionaire or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsections 25.2 (a) or 25.2 (b) no later than 20 calendar days after the date on which the contract was terminated. 25 1567 of 2591 e. If the City terminates this Agreement with Concessionaire under the foregoing Subsection 25.2 (a), Concessionaire may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. Concessionaire is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 25. SECTION 26. LIMITATION OF LIABILITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Concessionaire hereby expresses its willingness to enter into this Agreement with a $10,000.00 limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of $10.00, the receipt of which is hereby acknowledged, the City shall not be liable to Concessionaire for damages to Concessionaire in an amount in excess of $10,000.00, for any action for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. SECTION 27. VENUE, This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE CONCESSION AREA(S). SECTION 28. CONFLICT OF INTEREST Concessionaire herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Concessionaire covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Concessionaire further covenants that in the performance of this Agreement, Concessionaire shall not employ any person having any such interest. SECTION 29. CONCESSIONAIRES COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS Concessionaire agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as part of Exhibit B (City's Affidavits and Certifications), incorporated herein by reference and attached hereto. SECTION 30. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Concessionaire warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Concessionaire hereby certifies that Concessionaire is not currently engaged in, and for the duration of this Agreement, will not engage in a boycott of Israel, as evidenced from the signed certification incorporated herein by reference and attached hereto as part of Exhibit B. 26 1568 of 2591 SECTION 31. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Concessionaire warrants and represents that, within two (2) years prior to the Effective Date, Concessionaire has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). SECTION 32 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Concessionaire hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1xc), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Concessionaire warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Concessionaire to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as part of Exhibit B. SECTION 33. PEPSI AND RED BULL EXCLUSIVITY. Notwithstanding anything to the contrary contained anywhere in this Agreement, any approved sale of non- alcoholic beverages in Section 2 (Uses) shall be subject to, and shall not, in any event, conflict with or otherwise violate the City's. exclusive vending contracts, as may be amended from time to time, which currently include the City's exclusive pouring rights agreement with PepsiCo d/b/a PepsiCo Beverage Sales, LLC, for all non-alcoholic beverage categories, including but not limited soda, water, juice, iced tea, isotonics; and an exclusive pouring rights agreement with Red Bull for the energy drink beverage category: as such, the dispensing or sale of any competing products is prohibited under this Agreement. The current product list for Pepsi and Red Bull are incorporated herein by reference and attached hereto as Exhibit A. Additionally, Concessionaire will be required to purchase these exclusive products from the distributors designated by the City. The City will provide Concessionaire with written notice of any changes to, or terminations of, the City Vending Contracts. 27 1569 of 2591 SECTION 34. MISCELLANEOUS. 34.1 No Partnership. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the City and Concessionaire. 34.2 Modifications. This Agreement cannot be changed or modified except by agreement in writing executed by all parties hereto. Concessionaire acknowledges that no modification to this Agreement may be agreed to by the City unless approved by the Mayor and City Commission except where such authority has been expressly provided herein to the City Manager or his designee. 34.3 Complete Agreement. This Agreement, together with all exhibits incorporated hereto, constitutes all the understandings and agreements of whatsoever nature or kind existing between the parties with respect to Concessionaire's operations, as contemplated herein. 34.4 Headings. The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 34.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 34.6 Clauses. The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity of the remainder of this Agreement, and this Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. 34.7 Severability. If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of this Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement as so modified shall remain in full force and effect. 34.8 Right of Entry. The City, at the direction of the City Manager, shall at all times during days and hours of operation, have the right to enter into and upon any and all parts of the Concession Area for the purposes of examining the same for any reason relating to the obligations of parties to this Agreement. 34.9 Not a Lease. It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that the Concessionaire's right to operate the concession shall continue only so long as this Agreement remains in effect. 28 1570 of 2591 34.10 Si na e. Concessionaire shall provide, at its sole cost and expense, any required signs at its concessions. All advertising, signage and postings shall be approved, in writing, by the City in its proprietary capacity, and shall be in accordance with all applicable Municipal, County, State and Federal laws and regulations. Any signage posted by Concessionaire on its facilities and equipment shall be subject to the prior approval of the City as to size, shape and placement of same. 34.11 Use of the Park/Right-of-Way. The Park and right-of-way adjacent to the Park are for the use and enjoyment of the public and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. Upon execution of this Agreement, Concessionaire acknowledges that all of the Park areas within the Concession Area and adjoining right-of-way areas are public, and as such, concession operations must not restrict, or appear to restrict, access to the general public, or in any way limit the public nature or ambiance of the adjacent Park areas or right-of-way areas. The Concessionaire will conduct its operations so as to maintain a reasonably quiet and tranquil environment for the adjacent area, and make no public disturbances. 34.12 Conflict of Interest. Concessionaire shall perform its services under this Agreement and conduct the concession operations contemplated herein, in a manner so as to show no preference for other concession operations/facilities owned, operated, managed, or otherwise controlled by Concessionaire with regard to its responsibilities pursuant to this Concession Agreement. 34.13 Reasonableness. Intentionally Omitted. 34.14 Procedure for Approvals and/or Consents. Intentionally Omitted. 34.15 No Waiver. No waiver of any covenant or condition of this Agreement by either party shall be deemed to imply or constitute a waiver in the future of the same covenant or condition or of any other covenant or condition of this Agreement. 34.16 No Third Party Beneficiary. Nothing in this Agreement shall confer upon any person or entity, including, but not limited to subcontractors, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. [Signature Page Follows] 29 1571 of 2591 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their agreement. Attest: Rafael E. Granado, City Clerk Date Attest: Name: Date CITY OF MIAMI BEACH Eric T. Carpenter, City Manager FRENCH AMERICAN ASSOCIATION OF CRAFTS AND TRADES CORP. Corrine Quelhadj, President V-01 1572 of 2591 EXHIBIT 2.1 CONCESSION AREA AND SITE PLAN 31 1573 of 2591 ,y 1 -No �► tiW i s ow lk�• �,. 6 Google 'Maps EXHIBIT 3.1.1 FACILITIES DESIGN 32 1575 of 2591 EXHIBIT 3.1.2.1 (Page 1 of 2) SPECIAL EVENTS DISABILITY ACCESS PUNCH LIST Special Events Disability Access Punch List 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event Producer must ensure that any nearby accessible on- or off- street parking ('handicapped parking") is not obstructed by vehicles loadinglunloading equipment, etc. If such obstructions occur, the Event Producer must see that such obstructions are removed immediately Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parting spaces and the curb ramps that serve those spaces. 3 Any and all accessible routes created and/or installed by the Event Producer, or under the Event Producer's supervision, must have no abrupt change In level in excess of '/. inch. Whore such changes in level are present, property bevel the change in level at a 1:2 ratio or provide a ramp with a slope not to exceed a 1:12 ratio This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails. and surface. 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets. or parking lots. This means no change in level exceeding 14 inch. Any change exceeding ',, inch requires beveling at a 1:2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5 All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. it merchandise is 33 1576 of 2591 EXHIBIT 3.1.2.1 (Page 2 of 2) SPECIAL EVENTS DISABILITY ACCESS PUNCH LIST displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9 If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs. Where thero are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least 27 inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter. a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #10 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided. an accessible route shall be provided to the toilets. Five percent of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. It general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 34 1577 of 2591 EXHIBIT 3.2.1 PRODUCT LIST diverse selection of local and French artisans offering handmade goods, including French pastries, jewelry and accessories and other artisan products. 35 1578 of 2591 EXHIBIT A (Page 1 of 3) PEPSI-COLA AND RED BULL PRODUCT LIST 1579 of 2591 2025 PEPSI BEVERAGES PORTFOLIO �ml PEPSICONOUC M-LAMAttOn NkwO iq�'NM ai^WwrYMAMrNt/!►ufwr AN Bw--"_-L1�M1 12"cilwa4aw parkDtkt.Fraaas�sl� pAw p < CELSIUS I�,a:;t�ntlet(lzwi POW 0 PA M Super fN■ROY D R I N K y.,• ar ►wu 12oi QMak Cant ' 12aA0 coon ►Aa zwSV9 r 14�c� IVAl DWO DS Atli htazMApreMnr OWMEAAApr aaw Mw fTAR!!1![Kf Pot Kte awryry vtw aAoa flee Qa� Rae PWW wet Carry Cnam ►uw.�ervf Elraotrrr Nam R� wsw �lnnv MIMCkIMYrIkMr p�tfl71l01(t a hrrT:aro °vOltAwaer�enn Mtwgotdr�raM 0,t:cM Awv^ 14§LPF_80ge11jgk ow &PMMMww Gv&Asn lwv MopVa- , la" OMIT OarI OIAteMI �wArt PY•gt1A PKWVAuA owZ Dto►w%h Rarw�PAAcn F' AArtArr �c+ J'o sMrY to waMrnrAU► � cab Red ' ascDowT va 40 ` � it Itlon RecA�•nstttoAnr:own•oA c",%vv" nlA•ta - Q ,s.• Moo RAM aA« .: om VIM r coM craw ak fl a. GALwy Vft Cr AGMA it haN VOe GIM wneerr IrgM ..pt � MM Vit Itualillaw c' Am pow Q�ng G` y I Fererr `— .An slgMrrr y RtM vM � �. tirt a MwAANAwwAruA FWAW6twRuu►MWt ofC%N*u cv6no PAaMMMMaoalea Cos" �r.AeurAA + • Rtbtt Ru" Qut To Mode Ytt4 vaaft OtR cam 18oa Cant n zakl ate+ ;,..� Frwv�.+ce 18atCaRafliolp ( CE F'-" r'�'•ItCArGw�A Ar,y, wAAuwebnb. � M Ch Crab lls;s+ailmlU aA Frd o" C VtrAla sotto Cnsn 404 frAtt �krAn ftt cam CRAFT t tAaAp rip Dri GrnnM aApta,at aAw Moe• ,, 13,�ESo: Cant tlZpk of 4Dkl � � �� 4far6ucta Eaot�go t . ft tip, 38ftdU01 tMlCas0 sere W later oowr La 1580 of 2591 =MEmwnO 2025 MOI/Ci tlVFOwMAFeWVnr++r ww, M &,ffs IMV wVM sarm"t but � it�9oo" (m pk: 1.5 of tan (24pk) Bamaa (t 20) musm"WO) aaso& (I 2pk, i IVY M(2p" 7w1 tanc 30 , Oma M ee4 r low soft (2" 51iw10rylManM � 70Qw1ip cv(12pk) cW30" t uw (12pk) OnW ar Tau (2tpk) itet to s (120) 3nw Ado tl — I Lin � Orap'rrw .ayes 11. it Bolt (t Splt) �� now � Cap (12pq Bea F�PO►A IL(12pk) � Taws Lwrwlnw tl.1ot8ogt(12pkj yaTwit txapa r I 0-7Laawuw • w 1p • ar Paaa mama PW m r'Malpgariww T NDUED PRG MUSCLE MILV 4& toot sobtiw (12pk) pladw vaU Cwnw aft s0lt+rarwr cmmwu _ Pam 40 wwaw Pro N ftCbaowrt hNA /ullY ft I* nwww lbasaary WQQI pi" Pryor CPWC" Plant PrsIM Cbalwl Promse BRIMLIM srs 029w oemp Owsdb Cavnr► mwhft c& QWW Baas CONA FON OW tram (i¢s flirt rAmw parry 10c Oaaar Fwww Zoe imukamoft AN BMW (1*4 ftw M.bary ar. O�aaptw Oao, Fw m row cam"w Ustl" warnwM H ~ CMO 6~ Lww Zara swap" 1r1w Zara 98mBam 112pkj MAO Nawbw y Pauonk,! i;4Vt T,opcy Mang wslsrtwsn !i sv�Mrt Gf10rWt FptLIMTtti 12ot Batt)" (12pk) :;w aww arms ii20i soltltt (12pk) r J� O*"ApY Dow Oamp ,.. ortaw.a Ddb Pyl Parts t oaanspraTpawpr► Otssn S" Can cnp. Wdam m At a ?�M s2N Aaetat (2pkl _ Awb lwralwr tttarsbwrtlaewabY t0.1� s�orlM (laplc) _ � lRasbarq kac 1581 of 2591 1 PEPSICO ►on Mix S Gallon 618 Pepsi Diet Pepsi Wild Chary Poo Mountain Dew Starry Mug Dr. Pepper Crush Strawberry Tropicana Lemonade Tropicana Fruit Punch 3 Gallon Viva Sol IlorcMt& .-- Jamaica Pin& J • no'AaG�MA'� *IN4A �i 2025 PEPSI BEVERAGES PORTFOLIO 3 Gallon 618 Pepsi Zero Sugar Diet Mt Dew Mt Dew Code Red Crush Orange Dt Dr Pepper Gatorade Fruit Punch Gatorade Orange Sobe Yumberry Schwappes Ginger Ale Schweppes Tonic Brisk Sweet Tea I ipton Sweet Lipton Unsweet 70lbs CO2 Tank M LWM* Qpva Spine Jukes 2 Gallon Orange Juice Cranberry 15% Pineapple 3 Gallon Apple omm ." a/" K371 az.t Cool Attitude 3 Gallon Bar Mixers Margarita Sour MiN Red Alert Energy 2 Gallon Bar Mixers Gager Beer 7 4ei �!� t• • Non - Carbonated lineup 3 Gallon FCB Mt Drw 3 Gallon Siberian Chill (Frozen) Je,ry Cherry Blue Rai .aaoww 40 ..-WA 1582 of 2591 kt 2025 PEPSI BEVERAGES PORTFOLIO PEPSICO -Iro"s a" wy by Alvyf/141CwWA NAKED JUICE Chilied VIE "M KEVITA rro KEMR 1414=—= ' a— 41 1� 1 11ym sa_12�IE Mwnly Manpc Neap* Pea& KomOu.;(,a APO*lao Prna Coa Maater Brew Gvpar Orarpa No Pub Green Mamine Of p Cmcnlm Blue Madyne Orerp• Her ugie SirawOerry Ba iana GanbwN Anwx,lw: Bor y Bust latand Punch • Lwry Margo 1Niar MAr f+Fw. MM+r GAIW ]LA IL lamontde Uvely Lemonade 8UA"fy Larrwnada fit, ry emLwiade Fr,* PwACZero • bP►tTiINe Ghft 1b �i• !i r Dr" AK* No Pug I_ ENTER NAAMM �t RlQ ENTER ' ENTER PHONE NUMBER ���' INTER EMAIL ADDRESS wv ENTER QR CODE IF 4 AVAILABLE SNEROYDRINK • • CELSIUS 1w Pepsi Di,cct 1-800-963-2424 AQUAFINAwww,Gecslcooartngtl.4om RlpOi! 1-866-997-3774 Accpynli _Ofi;v:v_ob1t 1.800.799.2626 b0tllw mvneosicoview,corn STARBUCKS" 1583 of 2591 *Red Bull Products Vitalizes Body and Mind. Below is catalog of Red Bull options that can be ordered through the RBDC. Don't forgot to ask your distributor about any sales or new flavors. w A x Ni Need any help 0 his 1584 of 2591 Red Bull Energy Drink 1585 of 2591 16SZ 30 98ST c-Dull u Jtf r+• 1587 of 2591 1 it^a P �2.1 P 1588 of 2591 1589 of 2591 EXHIBIT B CITY'S AFFIDAVITS AND CERTIFICATIONS Concessionaire shall initial each section included in this Exhibit. The act of initialing confirms Concessionaire's review of, and agreement to, the statements contained therein. Concessionaire shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of Concessionaire: Initials (__J In accordance with Section 787.06(13), Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Concessionaire, hereby attests under penalty of perjury that Concessionaire does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". Initials (__) In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of ", hereby attests under penalty of perjury that Concessionaire does not meet any of the following criteria in Paragraphs 2(a)4c) of Section 287.138, Florida Statutes: (a) Concessionaire is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in Concessionaire; or (c) Concessionaire is organized under the laws of or has its principal place of business in a foreign country of concern. Initials (__J In accordance with Section 2-375.1(2xa) of the City Code, Concessionaire hereby certifies that Concessionaire is not currently engaged in, and for the duration of this Agreement, will not engage in a boycott of Israel. "Boycott of Israel" as referred to herein means engaging in refusals to deal, terminating business activities, or other similar commercial actions that are intended to limit commercial relations with persons or entities doing business in Israel or in Israeli -controlled territories, when such actions are taken: (i) in compliance or adherence to calls for a boycott of Israel, other than those boycotts to which 50 App. U.S.C. §2407(c) applies; or (ii) in a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis. [SIGNATURE PAGE FOLLOWS) 37 1590 of 2591 SIGNATURE AND NOTARIZATION BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND CERTIFICATIONS IN SECTIONS 1-3 OF THIS EXHIBIT. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a false statement may include fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Concessionaire: FRENCH AMERICIAN ASSOCIATION OF CRAFTS & TRADES CORP. Signature of Authorized Representative Name/Title: State of County of (Address) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 202_ by , as of FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP., a Florida not -for -profit corporation, known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 1591 of 2591