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2013-28212 Resor RESOLUTION NO. 2013-28212 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CONTINUING TO EXTEND, ON A MONTH-TO- MONTH BASIS, THE MANAGEMENT AND OPERATING AGREEMENTS BETWEEN THE CITY AND THE MARKET COMPANY FOR 1) THE OPERATION OF THE GREEN MARKETS ON LINCOLN ROAD AND NORMANDY ISLE; AND 2) THE MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY AND PRODUCTION SUD,INC., FOR THE OPERATION OF THE ANTIQUE AND COLLECTIBLES MARKET ON LINCOLN ROAD; WITH SUCH EXTENSION COMMENCING ON JUNE 1, 2013, AND TERMINABLE FOR CONVENIENCE AND WITHOUT CAUSE, BY THE CITY AT SUCH TIME FOLLOWING THE ISSUANCE OF A REQUEST FOR PROPOSALS(RFP)RESULTING IN THE SELECTION AND EXECUTION OF NEW CONTRACT OR CONTRACTS FOR THE MANAGEMENT AND OPERATION OF STREET MARKETS IN MIAMI BEACH AT VARIOUS LOCATIONS. WHEREAS, on September 6, 2006,the Mayor and City Commission adopted Resolution No. 2006-26281, awarding, pursuant to RFP No. 30-05/06,the operation and management of the Green Markets on Lincoln Road, Espanola Way, and Normandy Isle,to The Market Company, Inc.; and the operation and management for the Antique and Collectibles Market on Lincoln Road,to Production Sud, Inc., (hereinafter referred to collectively as the "Markets"); and WHEREAS,the City entered into four(4)separate Management and Operating Agreements ('Agreements"), governing each of the Markets, respectively; the term of the Agreements commenced on October 1, 2006 and terminated on September 9, 2009; and WHEREAS, on July 1, 2009,the City approved the sole renewal options in the Agreements, extending the Agreement terms for an additional three (3) years, which expired on September 30, 2012; and WHEREAS, on September 12, 2012, pursuant to the recommendation of the City's Finance and Citywide Projects Committee, the City Commission adopted Resolution No. 2012-27997, extending the Agreements on a month-to-month basis, for a period not to exceed eight(8) months, commencing on October 1, 2012, and ending May 31, 2013, and further authorizing the Administration to initiate a new Request for Proposals (RFP) process; and WHEREAS, staff has been unable to complete the new RFP process in time to have new Market agreements in place by May 31, 2013; and WHEREAS, it is anticipated that the scope and identification of locations for a new RFP will be complete in time for the City Commission's consideration by July 2013, and that the selection process will result in a recommendation for new agreements to be presented for the City Commission's approval in September, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby approve continuing to extend, on a month-to-month basis, the Management and Operating Agreements between the City and the Market Company for 1) the operation of the Green Markets on Lincoln Road and Normandy Isle; and 2)the Management and Operating Agreement between the City and Production Sud, Inc.,for the operation of the Antique and Collectibles Market on Lincoln Road;with such extension commencing on June 1, 2013, and terminable for convenience and without cause, by the City at such time following the issuance of a Request for Proposals (RFP) resulting in the selection and execution of a new contract or contracts for the management and operation of street markets in Miami Beach at various locations. PASSED and ADOPTED this 8th day of May, 2013. ATTEST: Matti He r ra Bower, Mayor Rafa I Granado, City Clerk T:\AGENDA\2013\5-08-13wlarket Agreements Extension- \d : -51 :INCORP ORATED: APPROVED AS TO FORM & LMGUAGE &FOR UTION r� tto ey e COMMISSION ITEM SUMMARY Condensed Title: A Resolution further extending, on a month-to-month basis, the Management and Operating Agreements between the City and The Market Company, Inc., for the operation of the Green Markets on Lincoln Road and Normandy Isle and between the City and Production Sud, Inc., for the operation of the Antique and Collectibles Market on Lincoln Road, until such time that a Request for Proposals (RFP) process results in the selection and execution of a new contract or contracts for the management and operation of street markets. Key Intended Outcome Supported: Increase satisfaction with Family Recreational Activities Supporting Data (Surveys, Environmental Scan, etc.): Recreational activities received excellent or good ratings from 85% of residents interviewed in the 2012 Resident Satisfaction Survey. Extending the markets on a month-to- month basis will ensure that this popular weekend activity will continue uninterruptedly until such time that an RFP process results in the selection and award of new contracts to operate and manage streel markets in various areas of the City. Item Summa /Recommendation: On September 6, 2006, pursuant Resolution No. 2006-26281, the City entered into three (3) separate Management and Operating Agreements with The Market Company, Inc., for the operation of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle. A separate Management and Operating Agreement was provided to Production Sud, Inc. for operation of the Antique and Collectibles Market on Lincoln Road. All agreements commenced on October 1, 2006 and terminated on September 9, 2009. On July 1, 2009, the City approved the sole renewal options in the respective Agreements, extending the terms for an additional three (3) years, which expired on September 30, 2012, with no renewal options remaining. The Espanola Way market has since closed due to lack of interest by the vendors. At the May 17, 2012 Finance and Citywide Projects Committee meeting, the Committee recommended issuing the Request for Proposals (RFP); and that the RFP be broad enough for a market in locations other than where the markets are today; and recommended that the current agreement(s) be allowed to continue on a month-to-month basis until the process was completed. On September 12, 2012, the City Commission adopted a resolution extending the Management Agreements with The Market Company and Production Sud on a month-to-month basis, for a period not to exceed eight (8) months, commencing on October 1, 2012 and ending May 31, 2013, and further authorizing the Administration to initiate a new Request for Proposals (RFP) process. Staff has been unable to complete the new RFP process in time to have new Market Agreements in place by May 31, 2013. It is anticipated that the scope and identification of locations for a new RFP will be complete in time for the City Commission's consideration by July 2013. Accordingly, the selection process is expected to be complete and a recommendation for new Management Agreements will be presented to the City Commission in September 2013. In the meantime, the Administration recommends approving an additional extension to the existing Management Agreements with The Market Company for the Lincoln Road Green Market and the Normandy Village Street Market, and with Production Sud for the Antiques and Collectibles Market to continue operating on a month-to-month basis, until such time as the new RFP process is concluded and the new resulting Management Agreements are approved by the City Commission Advisory Board Recommendation: Finance & Citywide Projects Committee, May 17, 2012 Financial Information: Source of Funds: Amount Account Approved F-1 Total OBPI Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Anna Parekh, extension 6471 Sign-Offs: Department Director Assistant Ci Manager City M nager AP KGB J LM \NAGENDA\2013\05-08-13\Markets Agreement Extension-Summ(2).doc MIAMIBEACH AGENDA ITEM C70 DATE 51-13 ® NAIANAI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem ers of the C Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FURTHER EXTENDING ON A MONTH-TO-MONTH BASIS THE MANAGEMENT AND OPERATING AGREEMENTS BETWEEN THE CITY AND THE MARKET COMPANY FOR THE OPERATION OF THE GREEN MARKETS ON LINCOLN ROAD AND NORMANDY ISLE; AND THE MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY AND PRODUCTION SUD, INC., FOR THE OPERATION OF THE ANTIQUE AND COLLECTIBLES MARKET ON LINCOLN ROAD, UNTIL SUCH TIME THAT A REQUEST FOR PROPOSALS (RFP) PROCESS RESULTS IN THE SELECTION AND EXECUTION OF NEW CONTRACT OR CONTRACTS FOR THE MANAGEMENT AND OPERATION OF STREET MARKETS IN MIAMI BEACH AT VARIOUS LOCATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs BACKGROUND On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26281, awarding, pursuant to RFP 30-05/06, the operation and management of green markets on Lincoln Road, Espanola Way, and Normandy Isle to The Market Company, Inc., and the operation and management for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively referred to as the Markets). The City entered into four separate Management and Operating Agreements (Management Agreements) governing each of the Markets, each commencing on October 1, 2006 and terminating on September 9, 2009. The Management Agreements provided for an extension of the respective terms for an additional three (3) years, all of which were approved by the City on July 1St, 2009. It should be noted that shortly after the renewal options were approved, the Espanola Way Market was closed due to lack of interest by the vendors. The permitted uses for each Market currently is as follows: Lincoln Road Green Market: includes fruits, vegetables, juices, nuts and other related products; plants and cut flowers; May 8, 2013 Resolution Extending the Existing Market Agreements and Referring a Discussion to the Neighborhood/Community Affairs Committee. Page 2 of 5 Normandy Village Street Market: includes arts and crafts; fruits, vegetables, cut flowers, orchids and other related green market products; tropical fruit preserves, dressings, dried fruits and nuts, honey and organic produce; Antiques and Collectibles Market: includes antiques; vintage goods; and collectibles. With no additional renewal options remaining, the current terms were to expire on September 30, 2012. However, at the May 17, 2012 Finance and Citywide Projects Committee meeting, the Committee recommended issuing the Request for Proposals (RFP); with the provision that the RFP be broad enough for a market in locations other than where the markets are today; and recommended that the current agreement(s) be allowed to continue on a month-to-month basis until the process was completed. In addition, staff was directed to review and research the per day charge for electrical service. On September 12, 2012, pursuant to the recommendation of the Finance and Citywide Projects Committee, the City Commission adopted a resolution extending the Management Agreements with The Market Company and Production Sud on a month-to-month basis, for a period not to exceed eight (8) months, commencing on October 1, 2012 and ending May 31, 2013. The resolution also authorized the Administration to begin working on a new Request for Proposals (RFP) process to solicit interest in managing and operating street markets on Miami Beach in one or more of the four locations identified above, as well as to explore expanding the scope to include other areas of the City, provided the identified locations have the support of the respective neighborhood and/or neighborhood association, do not interfere with traffic circulation and parking and don't pose any life-safety and/other code-related problems. While staff has been unable to complete the new RFP process in time to have new Market Agreements in place by May 31, 2013, it is anticipated that the scope and identification of locations will be complete in time for the City Commission's consideration and approval of the issuance of a new RFP by July 2013. Accordingly, the selection process is expected to be complete and a recommendation for new Management Agreements will be presented to the City Commission in September 2013. Prior to the completion of the scope for the RFP, staff will conduct due diligence and research how other communities handle green markets and the fee structures. An industry review process may also be conducted prior to the issuance of a new RFP. In the meantime, the Administration recommends approving an additional extension to the existing Management Agreements with The Market Company for the Lincoln Road Green Market and the Normandy Village Street Market, and with Production Sud for the Antiques and Collectibles Market to continue operating on a month-to-month basis, until such time as the new RFP process is concluded and the new resulting Management Agreements are approved by the City Commission. It is anticipated that a new RFP will be ready for issuance in July and that the selection process and recommendation for new Management Agreements will be complete and will ba presented to the City Commission in September 2013. JLMY�OKC9 T:Wgenda\2013\May Market Agreements Extension Mem(2).doc V164� - X006-a 60� 8/ 1 9 413 901 2 3 -a� I 2 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Jimmy L. Morales, City Manager Tel: 305-673-7010, Fax: 305-673-7782 February 21, 2014 Mr. Anthony Angione, President Productions Sud, Inc. 1360 Marseille Drive Miami Beach, FL 33141 Re:AMENDMENT NO. 1 TO THE MANAGEMENT AND OPERATION AGREEMENT ("ANTIQUE AND COLLECTIBLES MANAGEMENT AGREEMENT") FOR THE LINCOLN ROAD ANTIQUE AND COLLECTIBLES MARKET, PURSUANT TO REQUEST FOR PROPOSALS NO. 30-05/06, BETWEEN THE CITY OF MIAMI BEACH, FLORIDA("CITY") AND PRODUCTIONS SUD, INC. ("CONCESSIONAIRE"), DATED AS OF SEPTEMBER 29, 2006a Dear Mr. Angione: The following Amendment No. 1 shall constitute confirmation of the following approved modifications to the Lincoln Road Antique and Collectibles Management Agreement, relating to the operation of the Lincoln Road Antique and Collectibles Market, in accordance with, and subject to, the following terms and conditions: 1. On September 6, 2006, in accordance with RFP 30-05/06, the Mayor and City Commission adopted Resolution No. 2006-26281, awarding the operation and management of the green markets ("Green Market Agreements") on Lincoln Road, Espanola Way and Normandy Isle to The Market Company, Inc. ("Concessionaire") and the operation and management of the Antique and Collectibles Market on Lincoln Road to Productions Sud, Inc. ("Antique and Collectibles Management Agreement"), (all collectively referred to herein as "Street Markets"). 2. Pursuant to Resolution No. 2006-26281, the City entered into four separate Management and Operating Agreements ("Management Agreements") governing each of the Street Markets, each commencing on October 1, 2006, and terminating on September 30, 2009, with one (1)three (3)year renewal. 3. On July 1, 2009, the City approved the sole renewal option for all Street Markets, extending the initial term for an additional three (3) years, through September 30, 2012. Shortly after the renewal options were approved, the Espanola Way Street Market was closed due to lack of interest by the vendors. 4. On September 12, 2012, the City adopted Resolution No. 2012-27997, extending the Management Agreements on a month-to-month basis, commencing on October 1, 2012, and ending on May 31, 2013. 5. On May 8, 2013, the City Commission adopted Resolution No. 2013-28212, further extending the Management Agreements, on a month to month term, commencing on Amendment No. 1 Antique and Collectibles Management Agreement pg. 2 June 1, 2013, and ending at such time as new contracts for the Street Markets were executed. 6. Due to changes in the operation of the Antique and Collectibles Market, since the Antique and Collectibles Management Agreement was originally executed, Concessionaire and the City have agreed to the following amendments to the Antique and Collectibles Management Agreement: a. Effective as of October 1, 2012, the Antique and Collectibles Management Agreement has been extended, on a month to month term. b. Exhibit 2.0 and 2.1.1 ("Site Plan") is hereby deleted and replaced with the attached Exhibit 2.0. c. Exhibit 3.1 ("Rental Fee Schedule") is hereby deleted and replaced with the attached Exhibit 3.1. 7. Except as amended herein, all other terms and conditions of the Antique and Collectibles Management Agreement shall remain unchanged and in full force and effect. Additionally, this Amendment No. 1 shall not be construed as a waiver by the City of any existing or future non-compliance or defaults under the Antique and Collectibles Management Agreement, but simply serves to clarify certain contractual changes under the Antique and Collectibles Management Agreement. ACKNOWLEDGED AND AGREED TO BY: CITY F MIAMI ACH Attest: BY: �y Jinn y L. orates, City Manager Ra el Granado, City Clerk THIS f9 AY OF arck , 2014 PRODUCTIONS SLID, INC. Attest: y BY: . Anthony Angione, President Prin ame: , z 044 4.-, EV r vies P'�i7�s�o� THIS 13 DAY OF /)11,< "C- , 2014 APPROVED AS TO FORM &LANGUAGE F:/RHCD/$all/ECON/$all/Asset/Asset/Markets/Antiques&Collectibles/Amendment No -21&O FOR CUTION L Z - i me ,,_, Date i • ' Exhibit 2.0 (Site Plan) JEFFERSON AVE. 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HOKE Jrn a 'aa' c- m gg T 11 m ❑ cf) O z Z I I D m N I C Z I I m Z I m I co n 1 I m O n co \ / -i I Z J < L__ _ _ _. _ NORTH LINCOLN LANE NORTH LINCOLN LANE I I I I I SOUTH LINCOLN LANE i Li _.._ . �v i = I v'4 I Z tj I or4 C I m I > I i I ® I i � I E I v v � v � � o ��- L--- J c �� I sec • � I LIN O N 0 C) v. :)30VMVD i Im -----_-- -_ I v I I ' I r I i I u C) - I o m ' I Z Z I I 1 o D`^ Z I I C) N \ I N I i O I =Z m m Z D I D o Z � I C) m D / I C D ` , ' m � I m I v I � i I v1 I �-- _ I NORTH LINCOLN LANE i I I I EXHBIT 3.1 (Rental Fee Schedule) Lincoln Road Antique and Collectibles Market ALL SPACES COME TENTED, AND INCLUDED IN THE PRICE THESE ARE OUR MIAMI BEACH LINCOLN ROAD TENTED BOOTH PRICES: OCTOBER TO MAY (10' x 10') TENTED SPACE FOR MIAMI BEACH SHOW = $185.00 ALL CORNER EXPOSURE SINGLE SPACES ADD $20.00 TO BOOTH PRICE (UPON AVAILABLITY.) THESE ARE OUR MIAMI BEACH LINCOLN ROAD DOUBLE TENTED BOOTH PRICES: OCTOBER TO MAY (20' x 10') TENTED SPACE FOR MIAMI BEACH SHOW = $340.00 FOR DOUBLE SPACE WITH CORNER EXPOSURE ADD $20.00 TO TOTAL BOOTH PRICE TABLES 8 FT BY 30 INS = $13.00 PAYMENTS MAILED OR PAID IN ADVANCE OF SHOW DATE TABLES 8 FT BY 30 INS = $15.00 PAYMENTS AT DAY OF SHOW* (we have only limited amount of extra tables on the day of show). SHARING POLICY: AS REQUESTED BY CITY CODES AND PROD SUD CONTRACT CITY AGREEMENTS: ANY TENTED SPACE THAT HAS MORE THAN ONE DEALER PER TENT "A SHARED SPACE" HAS TO CONFORM WITHIN THE BOOKED 10 BY 10 FT TENTED AREA'S. (No Exceptions, & respect your other dealers visibility & the flow of shoppers)