2009-27235 ResoRESOLUTION NO. 2009-27235
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7T"S VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM (AS
ATTACHED HERETO) A MANAGEMENT AND OPERATION AGREEMENT
WITH THE MARKET COMPANY, INC., TO OPERATE A STREET MARKET IN
THE AREA ADJACENT TO COLLINS PARK,. TO BE LOCATED ON 22ND
STREET, BETWEEN COLLINS AVENUE AND LIBERTY AVENUE, ON A
TRIAL BASIS, FOR A TERM OF ONE (1) YEAR, COMMENCING ON
JANUARY 1 2010, AND ENDING ON DECEMBER 31, 2010; FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT, SUBJECT TO FINAL REVIEW BY THE CITY MANAGER AND
FORM APPROVAL BY THE CITY ATTORNEY.
WHEREAS, at the July 1, 2009 meeting of the Land Use and Development Committee
(the Committee or LUDC), the Committee recommended that the City exercise its option to
renew the Management and Operation Agreements between the City and The Market
Company, Inc., for the Espanola Way and Normandy Villages Street markets, for a term of three
(3) years, commencing on October 1, 2009, and ending on September 30, 2012; and
WHEREAS, the Committee also requested that staff to look into the possibility of
developing a separate street market in Collins Park, which would not only serve to activate the
usage of the Park, but also create a synergy with the Collins Park Neighborhood Association
(CPNA) and CANDO-related initiatives in the area; and
WHEREAS, pursuant to the Committee's direction, staff has met with representatives
from The Market Company and the CPNA to discuss options for establishing a green market in
Collins Park; and
WHEREAS, at the September 14t" meeting of the LUDC, staff recommended that The
Market Company operate a street market in Collins Park, on a trial basis, for an initial period of
one (1) year; and
WHEREAS, during that time, the City would be able to obtain data as to the viability to
continue with such a market, on a long term basis, and tailor the functionality of the products as
they fit into the neighborhood's residential and commercial environment; and
WHEREAS, since the Collins Park market was only recommended as a pilot project on
a one (1) year trial basis, staff recommended waiving competitive bidding requirements and
awarding the management and operation of the market to The Market Company; which has a
proven record of operating comparable markets within the City; and
WHEREAS, the Committee voted in favor of staff's recommendation, and further
directed staff to identify the best possible location for the market, subject to the City
Commission's consideration and approval of the final layout; and
WHEREAS, staff has assessed a number of areas to accommodate the market and
recommends the area of 22nd Street, between Collins and Liberty Avenues, as the most
viable location; and
WHEREAS, the recommended location provides a high degree of visibility adjacent to
the Park and also involves minimum impact to traffic circulation, as well as minimal loss of
parking spaces; and
WHEREAS, the market, as proposed, would be predominantly located on the south side
of the street, with any overflow booths located on the north side (just to the east of the Library's
main entrance); and
WHEREAS, staging the market on 22"d Street will require the affected section to be
closed to vehicular traffic during the market's hours of operations, which (including set-up and
break-down) would run from 6:30 am to 7:00 pm on Sundays; and
WHEREAS, such street closure will require a total of twenty (20) parking meters to be
reserved per event, at a total annual cost to the City of $10,400; which staff is recommending to
charge The Market Company as an Annual Minimum Guarantee.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby waive, by a 5/7th vote, the competitive bidding requirement, finding
such waiver to be in the best interest of the City, and approving, in substantial form (as
attached hereto), a management and operation agreement with The Market Company,
Inc., to operated a street market in the area adjacent to Collins Park, to be located on
22"d Street between Collins Avenue and Liberty Avenue, on a trial basis, for a term of
one (1) year, commencing on January 1, 2010 and ending on December 31, 2010;
further authorizing the Mayor and City Clerk to execute the Agreement subject to final
review by the City Manager and form approval by the City Attorney.
PASSED and ADOPTED this 14th
ATT S
~, C(~
CITY CLERK
day of October 2009.
M O
Matti Herrera Bower
Robert Parcher
T:\AGENDA\2009\Oct 14 2009\Consent\Collins Park Market Reso.doc
APPROVED AS TO
FORM & LANGUAGE
~ FO ELUTION
1G ~ o
omey to
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving, by 5/7 vote, a waiver of competitive bid and authorizing the Administration to finalize the
attached Management and Operating Agreement between the City and The Market Company, Inc., to operate on a
trial basis for a period of one (1) year, a street market adjacent to Collins Park, commencing on January 1, 2010 and
concluding on December 31, 2010.
Ke Intended Outcome Su orted:
Increase Satisfaction with Recreational and Cultural Activities
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Community Satisfaction Survey,
approximately 47% of the residential respondents regularly attend the City's parks and recreational facilities and
81.6% rank the quality of the programs and family friendly activities in the City's parks as excellent or good.
Establishing a street market in Collins Park will not only serve to activate the usage of the park, but also create a
s ner with the Collins Park Nei hborhood Association CPNA and CANDO initiatives in the area.
Issue:
Shall the Ma or and Commission a rove the Resolution?
Item Summary/Recommendation:
Pursuant to the direction received from the Land Use and Development Committee (LUDC) on July 1 and September
14, 2009, staff met with representatives from The Market Company to develop plans for establishing a street market
in Collins Park to be operated by The Market Company on cone-year pilot project basis. Both The Market Company
representatives and representatives from the Collins Park Neighborhood Association had identified a preferred
location for the market east of Collins Avenue. However, since this time, staff has identified a number of issues
which rule out this area and instead is recommending to locate the market on 22`~ Street between Collins and Liberty
Avenues. Not only does the location provide a high degree of visibility adjacent to the Park, but also involves
minimum impact to traffic circulation as well as minimal loss of parking spaces. Based on the attached proposed site
plan, the market would be predominantly located on the south side of the street, with any overflow booths located on
the north side, just to the east of the Library's main entrance. It should be noted that the Library is fully supportive of
the proposed location and has even requested to have an information booth at the Market. The Market Company is
also happy with this location.
The attached proposed Management and Operating Agreement which governs the operation of the Collins Park
Market, has been drafted in substantially the same form as previously approved agreements for other markets
operated by The Market Company, and includes requirements and standards of operation provided for in the other
Agreements (e.g. markets on Lincoln Road and Normandy Isle). As noted, the agreement requires the payment of
the greater of a monthly minimum guarantee or a percentage of gross. The Market Company has informed staff that it
expects to start operating the Collins Park Market in January, 2010, which will provide enough time to identify suitable
vendors, as well as ensure a larger and fresher variety of produce. As such, the Administration recommends
authorizing staff to finalize the attached Management Agreement for cone-year pilot program with a commencement
date of January 1, 2010.
Adviso Board Recommendation:
Land Use and Develo ment Committee 7/1/09 & 9/14/09
Financial Information:
Source of Amount Account Approved
Funds: ~
u 2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Kent Bonde, Redevelo ment Coordinator
Sign-Offs:
Department Director Ass' ant City Manager City Manager
AP JMG
~ U
T:WGENDA\2009\October 14\Consent\Collins Park Market Summary.doc
~~
M~ A I B EAR H AGENDAOATE o f -o
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 14, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7T"S VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM (AS
ATTACHED HERETO), A MANAGEMENT AND OPERATION AGREEMENT WITH
THE MARKET COMPANY, INC., TO OPERATE A STREET MARKET IN THE
AREA ADJACENT TO COLLINS PARK, TO BE LOCATED ON 22ND STREET
BETWEEN COLLINS AVENUE AND LIBERTY AVENUE, ON A TRIAL BASIS,
FOR A TERM OF ONE (1) YEAR, COMMENCING ON JANUARY 1 , 2010 AND
ENDING ON DECEMBER 31, 2010; FURTHERAUTHORIZINGTHE MAYORAND
CITY CLERK TO EXECUTE THE AGREEMENT SUBJECT TO FINAL REVIEW BY
THE CITY MANAGER AND FORM APPROVAL BY THE CITY ATTORNEY.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
At the July 1, 2009 meeting of the Land Use and Development Committee, the Committee considered
the status of current markets in the City. The Administration was given further direction to research
the concept of rotating street markets throughout the City and to look into the possibility of developing
a separate market in Collins Park. The Committee concurred that a street market in Collins Park
would not only serve to activate the usage of the park, but also create a synergy with the Collins Park
Neighborhood Association (CPNA) and the CANDO initiatives. The Bass Museum also expressed
enthusiasm about the prospect of utilizing their cafe as a component of the market to allow for a chef
demonstration center.
Pursuant to the Committee's direction, The Market Company explored the concept of rotating markets
throughout the City and determined that inconsistency and the need to engage in marketing efforts in
order to bring the pedestrian and tourist traffic to the proposed locations was not financially feasible.
Staff also met with representatives from The Market Company and the CPNA to discuss options for
establishing a modified Market in Collins Park that, on account of the few restaurants in the area, no
sidewalk cafes and no local grocery store, would allow for a broader spectrum of products to be sold
(including prepared foods), as well as the inclusion of live entertainment. Both The Market Company
and the CPNA identified the area east of Collins Avenue in the new municipal lot being built as part of
the Collins Park project as the preferred location.
At the September 14th LUDC meeting, staff recommended allowing The Market Company to operate
a street market in Collins Park as a pilot project for a period of one year. During this time, the City
would be able to obtain data as to the viability of continuing with such a market on a long term basis
October 74, 2009
Commission Memorandum
Collins Park Street Market Pilot Project
Page 2 of 4
and tailor the functionality of the products as they fit in the neighborhood's residential and commercial
environment. The Committee voted in favor of staffs recommendation and further directed staff to
identify the best possible location for the Market, subject to conferring with the Mayor on the proposed
location.
Since this time, staff has assessed a number of areas to accommodate the market, including two
areas on the east side of Collins Avenue identified as locations of choice by the CPNA; the central
boulevard area which dissects the parking lot, and Miami Beach Drive, which serves as the main
entrance route into the parking lot. Unfortunately, neither location works for the following reasons:
Central boulevard location - According to the County's Director of ADA Coordination,
because the grass surface on the central boulevard is not ADA compliant; the only way to provide an
ADA compliant area to locate the vendors and/or the shoppers is to cover the grass with planking,
an option that the Parks Department and Historic Preservation Board would be opposed to due to the
resulting wear and tear to the grass, as well as the cost of this process, as well as having to replace
the grass on a frequent basis. Staff has also looked into replacing the grass with an alternative ADA-
compliant plant material, which apparently does not exist.
Miami Beach Drive -The sidewalk on the east side of Miami Beach Drive is only 8' wide or
less between 21 st and 22" Streets, which also raises ADA compliance issues. It should also be noted
that this section of sidewalk is not included in the Collins Park Project and that the cost to widen the
sidewalk has been estimated at approximately $50,000. Due to this limited sidewalk space, the only
way to accommodate the Market on Miami Beach Drive would be to close off all or portion of the
street to vehicular traffic, which would not only impact the 58 parking spaces along the street, but
would impact access to the entire parking lot during the market's hours of operation. For this reason,
the Parking Department is against this option. Another factor which precludes Miami Beach Drive as
a location, is that the Market would be in direct competition with the 21st Street concessionaire, which
is provided exclusive food and beverage rights in that area.
Staff also looked at Park Avenue and Liberty Avenue as potential locations, but ruled them out on
account of their lack of visibility from public areas, which in effect would hide the market instead of
activating the Park.
The most viable location which staff is recommending is 22nd Street between Collins and Liberty
Avenues. Not only does the location provide a high degree of visibility adjacent to the Park, but also
involves minimum impact to traffic circulation, as well as minimal loss of parking spaces. Based on the
attached proposed site plan, the Market would be predominantly located on the south side of the
street, with any overflow booths located on the north side, just to the east of the Library's main
entrance. It should be noted that the Library is fully supportive of the proposed location and has even
requested to have an information booth at the market. The Market Company is also happy with this
location. CIP indicated that it would also work with the Market to minimize any impact related the
construction of Collins Park.
Staging the market on 22"d Street will require the affected section to be closed to vehicular traffic
during the Market's hours of operations, which, including set-up and break-down, will run from 6:30
am to 7:00 pm on Sundays (the Market Company's choice day of operation). Traffic will still able to
circulate on Liberty Avenue as well as 22"d Street between Park Avenue and Liberty Avenue. The
Parking Department has advised that a total of 20 spaces will need to be bagged per event. The City
typically charges $10 per meter per day to reserve metered spaces, which based on 52 events in the
course of a year, would total $10,400 (this amount represents the average revenue collections per
meter, plus the manpower-related cost of physically bagging the meters and effectuating the street
closure). Staff is recommending that the minimum guarantee for in the Collins Park Market be
$10,400 to cover these costs. The Market Company has agreed to this minimum guarantee.
October 14, 2009
Commission Memorandum
Collins Park Street Market Pilot Project
Page 3 of 4
Additionally, a monthly percentage of gross (15%) is included in the Agreement; The Market Company
would pay the greater of the monthly minimum guarantee or the monthly percentage of gross.
The attached proposed Management and Operating Agreement governing the operation of the Collins
Park Market is being has been drafted in substantial form to mirror the same previously approved
requirements and standards of operation provided for in the other Agreements between the City and
The Market Company pertaining to the Markets on Lincoln Road and Normandy Isle and generally
provides for the following conditions:
Term: One (1) year Pilot Project, commencing on January 1, 2010 and ending on
December 31, 2010.
Market
Area: Limited to the public right-of-way generally bounded on the north by
northernmost line of the 22"d Street right-of-way; bounded on the south by the
southernmost line of the 22"d Street right-of-way; bounded on the east by the
westernmost line of Collins Avenue; and, bounded on the west by the
easternmost line of Liberty Avenue.
Uses: The Market Company shall provide a venue for vendors to sell and/or provide
plants and cut flowers; fruits, vegetables and other edible products and related
food items; and live entertainment (a detailed list of items is included as an
attachment to this Memorandum). The City Manager, or his designee
determines, at his sole option and discretion, that all or a portion of The Market
Company's proposed uses may be revoked without cause.
Minimum
Guarantee (MG): The Market Company shall remit to the City on a monthly basis, a Minimum
Guaranteed Fee (MG), calculated at $10,400 per year, payable in twelve equal
monthly installments of $866.67.
Percentage
Of Gross (PG): The Market Company shall pay the City the greater of the monthly MG, or the
Percentage of Gross (PG), which is fifteen (15%) percent of the monthly gross
receipts. Such reconciliation and payment shall be completed within 30 days
of the previous month.
Schedule of
Operation: Day(s) of Operation: Sundays only
Hours of Operation: 9:OOam -6:OOpm
Set-up: 6:30am -9:OOam
Move-out: 6:OOpm -7:OOpm
Maintenance: The Market Company assumes sole responsibility and expense for
maintenance of the Market Area and its facilities therein. This shall include
daily removal of litter, garbage and debris as well as the provision of garbage
receptacles within the confines of the market area, defined as 22"d street from
Collins Avenue to Liberty Avenue. The Market Company shall also be
responsible at its sole cost and expense, for the pressure cleaning of the
Market Area, including all abutting sidewalks and public right-of-ways adjacent
thereto.
October 14, 2009
Commission Memorandum
Collins Park Street Market Pilot Project
Page 4 of 4
As indicated earlier, the proposal for a juried art component was also discussed during the LUDC
meeting. Since guidelines and procedures remain to be developed at this time, staff recommends
reporting back to Committee once guidelines have been formulated.
CONCLUSION
The Market Company has informed staff that it only expects to start operating the Collins Park Market
in January, 2010, which will provide enough time to identify suitable vendors as well as ensure a
larger and fresher variety of produce. During this time, staff will work with The Market Company to
refine operational details, including the proposed layout/design of the Market, which will be presented
to the Mayor and City Commission in the form of an LTC prior to the commencement of the Market. It
should also be noted that authorizing The Market Company to operate the Collins Park Market will
require a waiver of competitive bidding. On account of the fact this is only being recommended as a
one-year pilot project, the Administration recommends authorizing staff to proceed in finalizing the
attached Management and Operating Agreement for execution. Upon conclusion of the proposed
one-year term, or upon earlier termination by either party as provided for in the Agreement, the
Administration anticipates that future operation of the Collins Park Market would be put out to bid.
JMG:HF:AP:KOB
Attachments:
- Proposed site plan
- Proposed products list
- Draft proposed Management and Operating Agreement
T:WGENDA\2009\October 14\Consent\Collins Park Market Agreement Memo.doc
COLLINS PARK MARKET PROPOSED PRODUCT LIST
Fresh organic and conventionally grown products
Fresh baked bread and other baked products
Cheese
Vinegars, oils, marinades, sauces, jams and jellies
Imported products (olives, sun-dried tomatoes, artichokes, etc.)
Coffee, tea and spices
Fresh seafood
Candy and chocolate
Honey
Nuts
Kettle pop corn
Soap
Candles
Potpourri
Cut Flowers
Plants
Silk plants and flowers
Prepared foods (ethnic cuisine, pastas, salads, cooking demonstrations, etc.)
Ready-to-eat foods (bbq, hamburgers and hotdogs, etc.)
Drinks (water, soft drinks, coffees, tropical fruit smoothies, lemonade, juice, etc.)
Community information (Library, Chamber of Commerce, City, etc.)
Live music
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