Resolution 2021-31739 RESOLUTION NO. 2021-31739
A RESOLUTION OF THE MAYOR AND,CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE AND OF THE CITY
MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT IN SECTION 2-367(e)OF THE CITY CODE, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
APPROVING AN AMENDMENT TO THE FINANCIAL TERMS OF THE
CONCESSION AGREEMENT BETWEEN THE CITY AND THE MARKET
COMPANY, INC. FOR THE MANAGEMENT AND OPERATION OF THE
LINCOLN ROAD GREEN MARKET; SAID AMENDMENT WAIVING THE
MINIMUM GUARANTEE PAYMENT, IN THE AMOUNT OF$25,000 ANNUALLY,
FOR THE PERIOD COMMENCING ON OCTOBER 1, 2020 AND ENDING ON
SEPTEMBER 30, 2022, IN ORDER TO ADDRESS THE FINANCIAL IMPACT OF
THE COVID-19 PANDEMIC ON CONCESSIONAIRE'S OPERATIONS.
WHEREAS, the City's open-air markets serve several objectives, including enhancing the
public realm and providing a community gathering place, bringing value to neighborhoods,
offering economic opportunity to local vendors and businesses, and contributing to a diverse
marketplace for our residents and the community; and
WHEREAS, the successful market on Lincoln Road has been under contract since 2014
and the Concession Agreement governing those markets, and any applicable renewal/extension
periods, expired September 30, 2019, and thereafter entered into a month to month extension
through September 30, 2020; and
WHEREAS, pursuant to RFLI 2019-318-WG, the City sought letters of interests from firms
qualified to manage and operate weekly street markets open to the public, featuring vendors that
provide high quality and locally produced products; and
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted Resolution
No. 2020-31401, authorizing the Administration to finalize negotiations with The Market Company,
Inc. (Concessionaire)for the management and operation of a green market on Lincoln Road, and
authorizing the City Manager to execute the Concession Agreement; and
WHEREAS, the Concessionaire's proposal included a Minimum Guarantee of$25,000.00
(MG) per contract year, with monthly payments of 22.5% of gross receipts (PG);and
WHEREAS, in the event that the total annual PG payments are less than the MG,
Concessionaire is required to pay the City the difference at the end of each contract year; and
WHEREAS, due to the COVID-19 pandemic, Concessionaire has been required to abide
to the CDC guidelines, requiring social distancing, and has not been able to operate at full
capacity; and
WHEREAS, the pandemic has had a material financial impact on the Concessionaire's
operations, in that, Concessionaire has only been able to operate with approximately 20 vendors
per market day, as opposed to 40 vendors, the approximate amount of vendors which typically
operated in each market day before the occurrence of the pandemic; and
WHEREAS, based upon the impacts of the pandemic, Concessionaire is not able to
comply with the proposed MG in the short term and has requested that the City waive the MG for
FY 2021 and FY 2022, commencing MG payments as of October 1, 2022; and
WHEREAS, The City and Concessionaire have entered into temporary agreements, on a
month to month basis, requiring Concessionaire to pay the proposed monthly PG payments, in
the amount of 22.5%, without the MG requirement, pending approval by the City Commission of
the waiver of the MG for the requested period; and
WHEREAS, since the financial relief period requested by Concessionaire exceeds the
period of time in which COVID-19 restrictions will be in place, a bid waiver pursuant to Section 2-
367(e)of the City Code would be required; and
WHEREAS, based upon the established performance record of the Concessionaire with
the City and the material impact that the pandemic has had upon the Concessionaire's
operations, the City Manager recommends that the Mayor and City Commission waive, by5/7th
vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding
such waiver would be in the best interest of the City, and approve the waiver of the MG payment
for the first two years of the Initial Term of the Concession Agreement; and
WHEREAS, on May 12, 2021, the Mayor and City Commission referred this item to the
Finance and Economic Resiliency Committee (FERC); and
WHEREAS, on May 21, 2021, FERC recommended, by acclamation, the waiver of the
MG payment for the first two years of the Initial Term of the Concession Agreement.
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 Finance and Economic Resiliency
Committee and of the City Manager and waive, by 5/7th vote, the formal competitive bidding
requirement in Section 2-367(e) of the City Code, as being in the best interest of the City, and
approve an amendment to the financial terms of the Concession Agreement between the City and
The Market Company, Inc. for the management and operation of the Lincoln Road Green Market;
said amendment waiving the minimum guarantee payment, in the amount of $25,000 annually,
for the period commencing on October 1, 2020 and ending on September 30, 2022, in order to
address the financial impact of the Covid-19 pandemic on Concessionaire's operations.
PASSED and ADOPTED this 23 day of gine day
Dan Gelber, Mayor
ATTEST:
(pitab,c/t4 _ N�i Bic
Rafael E. Gran do, Secretary " ? �;
s APPROVED AS TO
IR;COP,P ORAWED FORM & LANGUAGE
& FOR EXECUTION
CH..26.
City Attorney ' p Zy r�
Resolutions -C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 23, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE AND OF THE
CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E) OF THE
CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING AN AMENDMENT TO THE FINANCIAL
TERMS OF THE CONCESSION AGREEMENT BETWEEN THE CITY AND
THE MARKET COMPANY, INC. FOR THE MANAGEMENT AND OPERATION
OF THE LINCOLN ROAD GREEN MARKET; SAID AMENDMENT WAIVING
THE MINIMUM GUARANTEE PAYMENT, IN THE AMOUNT OF $25,000
ANNUALLY, FOR THE PERIOD COMMENCING ON OCTOBER 1, 2020 AND
ENDING ON SEPTEMBER 30, 2022, IN ORDER TO ADDRESS THE
FINANCIAL IMPACT OF THE COVID-19 PANDEMIC ON
CONCESSIONAIRE'S OPERATIONS.
SUPPORTING SURVEY DATA
n/a
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Property Management
ATTACHMENTS:
Description
Page 308 of 1884
❑ Memorandum
❑ Resolution
❑ Agreement
❑ MTM Extension
❑ MTM Extension
❑ MTM Extension
❑ MTM Extension
❑ MTM Extension
❑ MTM Extension
❑ MTM Extension
Page 309 of 1884
) 4
I S I
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 23, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND ECONOMIC RESILIENCY COMMITTEE AND OF THE CITY
MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT IN SECTION 2-367(e)OF THE CITY CODE, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
APPROVING AN AMENDMENT TO THE FINANCIAL TERMS OF THE
CONCESSION AGREEMENT BETWEEN THE CITY AND THE MARKET
COMPANY, INC. FOR THE MANAGEMENT AND OPERATION OF THE
LINCOLN ROAD GREEN MARKET; SAID AMENDMENT WAIVING THE
MINIMUM GUARANTEE PAYMENT,IN THE AMOUNT OF$25,000 ANNUALLY,
FOR THE PERIOD COMMENCING ON OCTOBER 1, 2020 AND ENDING ON
SEPTEMBER 30,2022,IN ORDER TO ADDRESS THE FINANCIAL IMPACT OF
THE COVID-19 PANDEMIC ON CONCESSIONAIRE'S OPERATIONS.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND
The City's open-air markets serve several objectives, including enhancing the public realm and
providing a community gathering place, bringing value to neighborhoods, offering economic
opportunity to local vendors and businesses, and contributing to a diverse marketplace for our
residents and the community. Currently, successful market on Lincoln Road has been under
contract since 2014 and the concession agreement governing those markets, and any applicable
renewal/extension periods, expired September 30, 2019, and thereafter entered into a month to
month extension set to expire June 30, 2021.
ANALYSIS
On August 26, 2019, the City issued RFLI 2019-318-WG, soliciting letters of interests from firms
qualified to manage and operate weekly street markets open to the public, featuring vendors that
provide high quality and locally produced products. Pursuant to the RFLI, the City reserves the
right, in the City Manager's sole and absolute discretion, to add additional market locations to the
Page 310 of 1884
contract scope under similar terms and conditions as to those contained in the negotiated
contracts.
On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31401 to
finalize negotiations with The Market Company, the top ranked proposer, for the management
and operation of a green market on Lincoln Road and further authorize the City Manager and the
City Clerk to execute the final negotiated agreements. The concessionaire's essential financial
terms included a Minimum Guarantee of$25,000.00 (MG) plus 22.5% of Gross Receipts (PG).
Due to the COVID-19 pandemic the markets have been required to abide to the CDC guidelines
the operator has continued operating at half capacity with approximately 20 vendors instead of
the usual 40, in order to comply with safety guidelines. This has caused a financial impact in the
operator to be able to meet the Minimum Guarantee of$25,000.00 as stipulated in the RFLI. The
Administration was approached by the concessionaire with the request to waive the Minimum
Guarantee for the initial term.
Following is a basic summary of the proposal for the Lincoln Road Green Market:
• Revenue proposal: Percentage of Gross Sales (PG)—22.5%
• Waive Minimum Guarantee initial term (October 1, 2020- September 30, 2022)
• Minimum Guarantee$25,000.00 starting October 1, 2022
Currently,The Market Company produces the Lincoln Road Green Market(22 years), Normandy
Village Marketplace(21 years), Well 'Canes Markets on the University of Miami campus in Coral
Gables and the Medical Center campus, a part of the Jackson Hospital complex. The Market
Company also produces markets at Jackson South Hospital, Government Center Downtown,
Miami Shores, Miami Lakes, and at the Lennar Center in Coral Gables.
The Market Company vendors provide locally grown quality produce and tropical fruits, fresh
baked breads, cakes and cookies, plants, spices, local honey, and an impressive array of
prepared foods. The Market Company promotes selection of vendors that have local connections
and interviews all prospective vendors to review the market application and guidelines.
On May 12, 2021, the Mayor and City Commission referred this item (C7-H) to the Finance and
Economic Resiliency Committee (FERC). On May 21, 2021 the Committee discussed the item
and recommended approval, by acclamation, a waiver of the MG payment for the first two
contractual years of the Initial Term of the Concession Agreement.
City Manager Recommendation
Based upon the established performance record of the Concessionaire with the City and the
material impact that the pandemic has had upon the Concessionaire's operations, I recommend
waiving the MG payment for the initial first two years of the Term of the Concession Agreement
in order to provide Concessionaire time to ramp up its operations. Since the financial relief period
exceeds the period of time in which COVID-19 restrictions will be in place, this item will require a
waiver pursuant to Section 2-367(e) of the City Code. Based upon the foregoing, I recommend
waving by 5/7th vote, the formal competitive bidding requirement in Section 2-367(e) of the City
Code, finding such waiver to be in the best interest of the City.
Page 311 of 1884
CONCLUSION
I recommend that the Mayor and City Commission accept the recommendation of the Finance
and Economic Resiliency Committee and adopt the Resolution, waive by 5/7th vote, the formal
competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be
in the best interest of the City, and approve an amendment to the financial terms of the concession
agreement between the City and the Market Company, Inc. for the management and operation of
the Lincoln Road Green Market; said amendment removing the minimum guarantee payment, in
the amount of$25,000 annually, for the period commencing on October 1, 2020 and ending on
September 30, 2022, in order to address the financial impact of the COVID-19 pandemic on
concessionaire's operation.
Page 312 of 1884
DocuSign Envelope ID:67365209-FC8C-448A-905B-3499D2A9BCEB
City of Miami Beach,1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
December 31, 2020
Ms. Claire Tomlin Sent Via E-mail: claire(ai�_themarketcompanv.org
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, AMENDING LETTER AGREEMENT DATED SEPTEMBER 30, 2020, FOR
THE OPERATION OF THE MARKET, AND EXTENDING THE TERM OF OPERATION FROM
OCTOBER 1, 2020 THROUGH JANUARY 31, 2021.
Dear Ms. Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020,
On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31401,authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement, instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the October 28, 2020 letter agreement to: (1) amend the term of the
Temporary Agreement to reflect the period commencing on October 1, 2020 and ending on January 31,
20210; and (2) reflect that the operation of the Market under the terms of the Existing Agreement,
incorporated herein by reference, subject to the following modifications: (i)the Percentage of Gross shall
be twenty-two and a half percent(22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire
shall comply with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as
Attachment 1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five (5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 317 of 1884
DocuSign Envelope ID:673652D9-FCBC-448A-905B-3499D2A9BCEB
TEMPORARY AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD GREEN MARKET
Page 2 oft
Sincerely,
CDocuSipnec�dby:
M11tt�c Ian Or►1G5
546369F721BB40F...
Adrian Morales
Property Management Department Director
Attachment-1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
BY:
ClaireCl
m Tomlin BY: Raul J. Aquila, Interim City Manager
��apRF��6MQplarmagia by:
aail t. 1)Vtitiln, �.vt J. Av1i..
� I�DrIB�UfG' riWF92B45D...
12/31/2020 112:01 PM EST 12/31/2020 I 1:13 PM EST
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION '1
�.. i SZ.I�112.0W
�City Attornei/�� bote
F_\PROP\ASSET\Markets\Lincoln Road Green Market\Lease Documents\Month to Month Extension\Lincoln Road Green Market
Amended Agreement Letter Oct to Dec 2020.docx
We are committed to providing excellent public sertjinr yisi s�$ g who live,work and play in our vibrant,tropical,historic
c
DocuSign Envelope ID:E87D7D88-09E2-41C9-BCEB-088F8C9D25EA
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeochfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
November 30, 2020
Ms.Claire Tomlin Sent Via E-mail: claireAthemarketcomaanv.orq
The Market Company, Inc.
238 E.San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET,FOR THE OPERATION OF THE MARKET,AND EXTENDING THE TERM OF
OPERATION FROM OCTOBER 1, 2020 THROUGH DECEMBER 31,2020.
Dear Ms.Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020.
On September 18,2020,the Mayor and City Commission adopted Resolution No.2020-31401,authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement,instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
On October 28, 2020, the parties executed a letter agreement extending the term of the Temporary
Agreement through November 30, 2020.The following shall serve to amend the Temporary Agreement to:
(1) reflect the period commencing on October 1, 2020 and ending on December 31, 2020; and (2) reflect
that the operation of the Market under the terms of the Existing Agreement, incorporated herein by
reference,subject to the following modifications: (i)the Percentage of Gross shall be twenty-two and a half
percent (22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire shall comply with all
applicable CDC Guidelines, incorporated herein by reference and attached hereto as Attachment 1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five(5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 319 of 1884
DocuSign Envelope ID:E87D7D88-09E2-41C9-BCEB-088F8C9D25EA
TEMPORARY'AGREEMENT FOR TME MANAGEMENT AND OPERATION OF 771E LINCOLN ROAD GREEN MARKET
Page 2 of 2
Sincerely,
oocuSignmd by:
C�
546369F721BB40F...
Adrian Morales
Property Management Department Director
Attachment-1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
BY: I rel Y oW1 BY: Jimmy L. Morales, City Manager
Nam / e--f aeatte
AMP' (+tblr1tLt s) ,�iw�wty
Signature �ig tur°e g6'
/244 , 12/4/2020 I 9:55 AM EST
Date Date
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
ttk
City Attorney*,r— Dote
F:IPROPIASSET\Markets\Lincoln Road Green Market\Lease Documents\Month to Month Extension\Lincoln Road Green Market
Amended Agreement Letter Oct to Dec 2020.docx
Page 320 of 1884
{
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
April 19, 2021
Ms. Claire Tomlin Sent Via E-mail: clairet themarketcompany.org
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, FOR THE OPERATION OF THE MARKET, AMENDING THE LETTER
AGREEMENT DATED SEPTEMBER 30, 2020 FOR THE OPERATION OF THE MARKET AND
EXTENDING THE TERM OF OPERATION FROM OCTOBER 1,2020 THROUGH MAY 31, 2021.
Dear Ms.Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020.
On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31401, authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement, instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the October 28, 2020 letter agreement to: (1) amend the term of the
Temporary Agreement to reflect the period commencing on October 1,2020 and ending on May 31, 2021;
and (2) reflect that the operation of the Market under the terms of the Existing Agreement, incorporated
herein by reference, subject to the following modifications: (i)the Percentage of Gross shall be twenty-two
and a half percent (22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire shall comply
with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as Attachment
1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five(5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 321 of 1884
TEMPORARY AGREEMENTFOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD GREEN MARKET
Page 2 of 2
Sincerely,
Osvaldo Dominguez
Real Estate Division Director
Attachment- 1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
BY: BY: Alina T. Hudak, City Manager
Name Name/Title
Signature Signature
Date Date
•
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�Zi
AtiNaM
rityAltorney ; ,� D to
We ore committed to providing excellent public seisri yr sof fy184who live,work and ploy in our vibrant,tropical,historic
community.
DocuSign Envelope ID:000530F0-631D-4779-B7DE-73258C5B3BD6
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
March 24, 2021
Ms. Claire Tomlin Sent Via E-mail: clairet themarketcompanv.org
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, FOR THE OPERATION OF THE MARKET, AMENDING THE LETTER
AGREEMENT DATED SEPTEMBER 30, 2020 FOR THE OPERATION OF THE MARKET AND
EXTENDING THE TERM OF OPERATION FROM OCTOBER 1, 2020 THROUGH APRIL 30,
2021.
Dear Ms.Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020.
On September 16, 2020,the Mayor and City Commission adopted Resolution No. 2020-31401,authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement,instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the October 28, 2020 letter agreement to: (1) amend the term of the
Temporary Agreement to reflect the period commencing on October 1,2020 and ending on April 30,2021;
and (2) reflect that the operation of the Market under the terms of the Existing Agreement, incorporated
herein by reference,subject to the following modifications: (i)the Percentage of Gross shall be twenty-two
and a half percent (22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire shall comply
with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as Attachment
1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five(5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 323 of 1884
DocuSign Envelope ID:000530F0-831D-4779-B7DE-73258C5B3BD6 .
TEMPOR4RYAGREEMENT FOR THE MANA GEMENTAND OPERA TION OF ThIE LINCOLN ROAD GREEN MARKET
Page 1 oft
•
Sincerely,
LDocuSigned by:
1?/!,it, VOtMitti�lAt,�j
40448E54556541A...
Osvaldo Dominguez
Real Estate Division Director
Attachment- 1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
Claire Tomlin
BY: BY: Raul J.Aguila.Interim City Manager
e-ISap��CtlCO Name/Title
Sfgned by: e —DocuSigned by:
�8484C0... ; i•'• :Be145D...
3/26/2021 110:07 AM EDT 3/26/2021 1 10:35 AM EDT
Date Date
AP. -. DNGUAGE
AS TO
"fel;
� LA EXECUTION
: 4. 312�I.1
y Altoniey fib,* Dote
Page 324 of 1884
We ore committed to providing excellent public service and safety to all who live,work and ploy in our vibrant,tropicol,historic community.
DocuSign Envelope ID:000530F0-831D-4779-B7DE-73258C5B3BD6
Considerations for Outdoor Farmers Markets I CDC Page 1 of 5
CDC Centers for Disease Control and Prevention
CDC 24f7:Saving Lives,Protecting People^'
Coronavirus Disease 2019 (COVID-19) MENU
Considerations for Outdoor Farmers Markets
Updated Sept.17,2020 Print
Farmers market managers should consider the recommendations below to help ensure safe access to food while helping
prevent the spread of COVID-19.
The COVID-19 pandemic has brought new challenges to food security in the United States.Access to healthy food options
and nutrition are an important part of overall physical and mental health. Across the United States,farmers markets have
been named an essential service because of their role in supporting local farms and providing communities access to
fresh,healthy food during the pandemic.Outdoor farmers markets provide a lower risk shopping option with immediate
and lasting benefits for shoppers and the community at-large.
These considerations are meant to supplement—not replace—any state,local,territorial,or tribal health and safety laws,
rules,and regulations that organizations must follow.Farmers market managers should collaborate with state and local
health officials to determine whether to implement these considerations as-is or tailor them to their community's needs.
Farmers market managers should continue monitoring the spread of COVID-19 in the community they serve and have a
plan in place to adjust their operations as needed.
Farmers market managers may also benefit from reviewing CDC's COVID-19 guidance and considerations on community
based organizations,workplaces,events and gatherings,and food service providers.Farmers market managers should
consider CDC's information on people at higher risk of severe illness,.
Slowing the spread of COVID-19
Coronaviruses,such as the one that causes COVID-19,are thought to spread mostly from person to person through
respiratory droplets emitted when an infected person coughs,sneezes,or talks.The droplets containing virus are spread
in the air and can be inhaled in the lungs or land on the mouth,nose or eyes of people nearby. A person also might be
exposed to the virus causing COVID-19 by touching a surface or object,including food or food packaging,that has been
contaminated with the virus when an infected person coughs or sneezes near it,and then touches their own mouth,nose,
or eyes.However,this is not thought to be the main way the virus spreads.Risk of transmission from food,food
packaging,and shopping bags is considered very low,but there are other,possible routes of COVID-19 transmission,such
as:
• Being in close contact(within 6 feet)with people you don't live with,especially people who are not wearing a mask.
The more people you interact with,and the longer those interactions last,the higher the risk of COVID-19 spread;
• Touching a surface or object that has the virus on it and then touching your own mouth,nose,or eyes.
Outdoor activities generally are lower risk than indoor activities but there are still important ways to prevent the spread of
COVID-19 that should be followed:
• Staying home when sick Attachment "1"
• Social distancing
https://www.cdc.gov/coronavirus/2019-ncov/con?rf'iiiReA8fdtfarmers-markets.html 9/30/2020
DocuSign Envelope ID:000530F0-831D-4779-B7DE-73258C5B3BD6
Considerations for Outdoor Farmers Markets I CDC Page 2 of 5
• Wearing a mask
• If soap and water are not readily available,use a hand sanitizer that contains at least 60%alcohol.Coverall surfaces
of your hands and rub them together until they feel dry.Avoid touching your eyes,nose,and mouth with unwashed
hands.
• Cleaning and disinfection
Promote healthy behaviors
Encourage people to stay home when sick.
• Staff,volunteers,and vendors should stay home if they have tested positive for or are showing COVID-19 symptoms
or have recently had close contact with a person with symptoms of,or diagnosed with,COVID-19.
• Educate staff,volunteers,and vendors about when they should stay home and when it is safe to be around others.
• Actively encourage customers using signage,social media,or other communication platforms that your market
commonly uses,to stay home if they have tested positive for or are showing COVID-19 symptoms,.or have recently
had close contact with a person with symptoms of,or diagnosed with,COVID-19.
Encourage people to socially distance.
• Staying at least six feet apart from others,even when you are outside,reduces the chance that you will be exposed to
the virus from respiratory droplets emitted by others.
• Many people with COVID-19 have mild symptoms or no symptoms,but they can still spread the virus to others.
Staying apart reduces your risk of getting COVID-19.
• Social distancing is most effective when it is used along with other prevention strategies,including wearing masks.
Masks
• Require staff,volunteers,and vendors to use masks.Masks are an important means of reducing viral spread and are
essential during times when social distancing is difficult.Provide information to all staff and volunteers on proper use
and washing of masks.
• If feasible,provide masks for staff,volunteers,and vendors and consider asking them to bring extra masks,in case
their mask gets wet or soiled,as well as a sealable plastic bag or other container to store masks when not in use.
• Encourage customers to bring and use masks.If feasible,provide masks for those who may not have one.
Hand hygiene
• Provide handwashing stations or hand sanitizer with at least 60%alcohol for all,including customers,market staff,
volunteers,and vendors,and encourage vendors to offer the same at their booth.
• Proper hand hygiene is an important infection control measure.Ensure vendors,market staff,and volunteers wash
their hands regularly with soap and water for at least 20 seconds.If soap and water are not readily available or
accessible,provide an alcohol-based hand sanitizer containing at least 60%alcohol.
• Key times to clean hands in general include:
• Before,during,and after preparing or handling food
• Before eating food
• After using the toilet
• After blowing your nose,coughing,or sneezing
• After touching frequently touched surfaces
https://www.cdc.gov/coronavirus/2019-ncov/co BRiAt41 9farmers-markets.html 9/30/2020
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Considerations for Outdoor Farmers Markets I CDC Page 3 of 5
• After putting on,touching,or removing masks
• Additional workplace-specific times to clean hands include:
• Before and after work shifts and periodically throughout shift
• Before and after work breaks
• After touching money or objects that have been handled by customers,such as produce,other market food,and
reusable grocery bags
• Before putting on and taking off disposable gloves
• After taking out the trash
Clear signage and communications
• Ensure that all staff,volunteers,vendors,and customers are aware of market policies and procedures.Signs with
market hours of operation and safety precautions should be posted at each entrance/exit and near shared areas.If
•
possible,make the same information available on your website and social media platforms.
• Post signs in highly visible locations(e.g.,at building entrances,in restrooms)that promote everyday protective
measures and describe how to stop the spread ■ of germs by properly washing hands and properly wearing a
mask 0 .
• Consider developing signs and messages in different formats(e.g.,large print,Braille,American Sign Language)for
people who have low vision.
• Consider adding signs in other languages commonly spoken in your community and visuals tailored for low literacy
audiences.
Maintain healthy environments
Consider modifications you can make to promote social distancing,including:
• Providing different ways for ordering and pick-up to reduce the number of in-person interactions(e.g.,curbside box
pickup).Set up designated pick-up areas.
• Where possible,redesigning market layouts to increase the distance between customers in line and walking
throughout the market(e.g.,increase space between vendor booths;create one-way traffic flow).Ensure that market
layout modifications are accessible for all persons(e.g.,ADA-compliant paths).
• Limiting the number of customers to reduce crowding and lines to meet social distancing guidelines.
• Installing physical barriers like sneeze guards and partitions,particularly in areas where it is difficult for individuals to
remain at least 6 feet apart(e.g.,vendor booths).
• Posting clear and prominent directional and physical distancing signage for all walkways,entry and exit ways,vendor
booths,and spaces that can easily become crowded(e.g.,customers waiting in line).
Safe operations include:
• Being aware of local and state regulatory agency policies related to providing essential services and group gatherings
to determine if your market can be held,and if there are restrictions limiting the number of attendees or vendors.
• Limiting market activities that target individuals identified as higher risk for serious illness for COVID-19,if feasible.If
these events or activities continue to be offered,consider creating a schedule that includes special shopping hours
for at-risk or vulnerable populations(e.g.,senior shopping hours).
• Where feasible,implementing cashless payment systems and continue to accept SNAP EBT.If your market
traditionally uses hard to-clean vouchers(e.g.,wooden tokens)for SNAP EBT transactions or other incentives,
consider alternatives.
https://www.cdc.gov/coronavirus/2019-ncov/corgWi afitc farmers-markets.html 9/30/2020
DocuSign Envelope ID:000530F0-831D-4779-B7DE-73258C5B3BD6
Considerations for Outdoor Farmers Markets! CDC Page 4 of 5
• When exchanging paper and coin money
• Do not touch your face afterwards.
• Ask customers to place cash on the table or directly in a cashbox,rather than directly into your hand.
• Place money directly on the table when providing change back to customers.
• Wipe the table between each customer at checkout.
• Avoiding using cloth table coverings or other hard to clean table covers.
• If possible,vendor booths should have a designated person for handling cash/tokens and another for handling food
or food products.
• Limiting or suspending taste testing,cooking demonstrations,and/or other food sampling activities.
• If your market offers prepared food for immediate consumption,consider limiting to take-out orders only.
• Consider limiting or suspending non-essential market services or events like live music.
• Discouraging customers from touching items they do not plan to purchase.
• Consider regular symptom screenings of staff,vendors or others that come onsite,and have a plan for if anyone
arrives or becomes ill.For guidance related to screening of staff,please refer to CDCs Interim Guidance for
Businesses and Employers Responding to Coronavirus Disease 2019 and the"Prevent Transmission Among
Employees"section of CDC's Resuming Business Toolkit ■ .
• Train staff,volunteers,and vendors on new COVID-19 procedures.If possible,conduct training virtually so all can
attend,and no crowds will gather.
• Require staff,volunteers,and vendors to wash their hands for at least 20 seconds with soap and water(or use hand
sanitizer)frequently before,during,and after shifts.
• Consider asking vendors to pre-bag or pre-portion items for sale prior to market.
• Staggering eating/break times and identify a designated area for staff and volunteers to take breaks where social
distancing can be maintained.
• Discouraging customers and vendors from bringing pets except—service animals—to the market.
Cleaning and disinfection
Follow CDC and EPA's Guidance on Cleaning and Disinfection to prepare and maintain a safe environment for your market
workforce,volunteers,vendors and customers.Use EPA-approved disinfectants against the virus that causes COVID-19■.
Always read and follow label instructions for each product.
• Routinely clean,sanitize,and disinfect payment devices,tables,and other high touch surfaces and objects.Require
participating market vendors to do the same.
• If you have restrooms or port-a-potties,setup a schedule to frequently clean and disinfect all surfaces,and replenish
soap,sanitizers,or paper products.
• Limit or suspend the use of items that are hard to clean and disinfect(e.g.,wooden tokens).
• Use disposable gloves when removing garbage bags or handling and disposing of trash:
• After using disposable gloves,throw them out in a lined trash can.
• Do not disinfect or reuse the gloves.
• Wash hands after removing gloves.
• Ensure you have enough supplies for market workforce,volunteers,and customers to clean their hands and cover
their coughs and sneezes.Supplies include soap,water,hand sanitizer containing at least 60%alcohol,a way to dry
hands,tissues,disinfectant wipes,masks(as feasible),and no-touch trash cans.
https://www.cdc.gov/coronavirus/20I9-ncov/coniiigRi &l farmers-markets.htmI 9/30/2020
DocuSign Envelope ID:000530F0-831D-4779-B7DE-73258C5B3BD6
Considerations for Outdoor Farmers Markets I CDC Page 5 of 5
Plan for what to do if a staff member,volunteer,vendor,or customer gets sick by referring to relevant sections in CDC's
Considerations for Community-Based Organizations and Event Planning Q&As.Critical infrastructure workers(e.g.
farmers)may refer to CDC Guidance for Critical Infrastructure Workers,if applicable.
Additional Resources
Running Essential Errands
Food and Food System Resources During COVID-19 Pandemic
Considerations for Food Pantries and Food Distribution Sites
Considerations for Outdoor Learning Gardens and Community Gardens
Communication Resources
For general disease prevention when interacting with animals,follow advice in the Compendium of Measures to
Prevent Disease Associated with Animals in Public Settings • E.)]
For more information on COVID-19 and food,see FAQ pages from the S.Food and Drug Administration Z and the
U.S. Department of Agriculture G
Last Updated Sept.17,2020
Content source:National Center for Immunization and Respiratory Diseases(NCIRD),Division of Viral Diseases
https://www.cdc.gov/coronavirus/2019-ncov/conlSAtQtdfarmers-markets.html 9/30/2020
DocuSign Envelope ID:86C5285D-A1 B9-4BA6-B56A-F9E1A5E0417E
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
•
April 19, 2021
Ms. Claire Tomlin Sent Via E-mail: clairet themarketcompanv.org
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, FOR THE OPERATION OF THE MARKET, AMENDING THE LETTER
AGREEMENT DATED SEPTEMBER 30, 2020 FOR THE OPERATION OF THE MARKET AND
EXTENDING THE TERM OF OPERATION FROM OCTOBER 1,2020 THROUGH MAY 31,2021.
Dear Ms.Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020.
On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31401, authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement,instead of approving the temporary operation
- of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the October 28, 2020 letter agreement to: (1) amend the term of the
Temporary Agreement to reflect the period commencing on October 1,2020 and ending on May 31, 2021;
and (2) reflect that the operation of the Market under the terms of the Existing Agreement, incorporated
herein by reference, subject to the following modifications: (i)the Percentage of Gross shall be twenty-two
and a half percent (22.5%),with no Minimum Guarantee payment, and (ii) Concessionaire shall comply
with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as Attachment
1,
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five(5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 330 of 1884
DocuSign Envelope ID:86C5285D-A1 B9-4BA6-B56A-F9E1A5E0417E
TEMPORARY AGREEMENT FOR THE MANAGEMENTAND OPERATION OF THE LINCOLN ROAD GREEN MARKET
Page 2 of 2
Sincerely,
E0_
DocuSigned by:
,,R,tt. po,tlt,vp.v5
40448E54556541A...
Osvaldo Dominguez
Real Estate Division Director
Attachment- 1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
BY: cl ai re Tomlin BY: Alina T. Hudak, City Manager
CrtENSigned by:
��y:
tht Tht& Ewa 1-N1ti
7AC2OEF 401210E...
�r e7O454CO... Signature
4/23/2021 19:33 AM EDT 4/25/2021 I 9:48 PM EDT
Date Date
•
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Nat:11r Oji Z0z i
h City A!lornoy ^ D to
We ore committed to providing excellent public septi err3 spf�y f88i4who live,work and ploy in our vibrant,tropical,historic
community.
DocuSign Envelope ID:BB5FFAB6-94E1-4756-B612-1B9AFD51A7BD
City of Miami Beach, 1700 Convention Center Drive,Miami Beach.FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
October 28, 2020
Ms.Claire Tomlin Sent Via E-mail: claire a themarketcompany.orq
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, AMENDING LETTER AGREEMENT DATED SEPTEMBER 30, 2020, FOR
THE OPERATION OF THE MARKET, AND EXTENDING THE TERM OF OPERATION FROM
OCTOBER 1, 2020 THROUGH NOVEMBER 30,2020.
Dear Ms.Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30,2020.
On September 16,2020,the Mayor and City Commission adopted Resolution No.2020-31401,authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement, instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the September 30, 2020 letter agreement to:(1)amend the term of the
Temporary Agreement to reflect the period commencing on October 1, 2020 and ending on November 30,
2020; and (2) reflect that the operation of the Market under the terms of the Existing Agreement,
incorporated herein by reference, subject to the following modifications: (i)the Percentage of Gross shall
be twenty-two and a half percent(22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire
shall comply with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as
Attachment 1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five(5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
Page 332 of 1884
DocuSign Envelope ID:885FFAB6-94E1-4756-B612-1 B9AFD51A78D
TEMPORARYAGREEMENT FOR THE MANAC MENTAND OPERA770N OF THE LINCOLN ROAD GREEN MARKET
Page 2 oft
Sincerely,
DocuSigned by:
AAor. ...s
546369F721BB40F...
Adrian Morales •
Property Management Department Director
Attachment- 1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH,FLORIDA
BY: claire Tomlin BY: Jimmy L. Morales. City Manager
Na � mgne :+ocuSignedby:
e QbcnuSgned by: DocauSib
(j ivt, [ice , jiKotti
`-- •
Ie464C0... s A 0194070490...
10/30/2020 l 10:14 AM EDT 20/3®/?®ii7 Ii II4
4 Al T
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOP XECUTION
i 1 . • I V kOC sl202
, City Attorney` Date
F:IPROPIASSET\Markets\Lincoln Road Green MarketlLease Documents\Month to Month Extension\The Market Company,Inc Month
to Month Extension(t0-09-2020).docx
Page 333 of 1884
We are committed to providing excellent public service-and safely to all who live,work and play in our vibrant,tropical,historic
community.
DocuSign Envelope ID:885FFAB6-94E1-4756-8612-1 B9AFD51A78D
DocuSign Envelope ID:B7C1B82F-F837-4C10-A813-7E55DC1E6537
Considerations for Outdoor Farmers Markets I CDC Page 1 of 5
CDC Centers for Disease Control and Prevention
CDC 24/7-Saving Les,Protecting People",
Coronavirus Disease 2019 (COVID-19)
Considerations for Outdoor Farmers Markets
upcatec Sept 1 7.;Oh: ' r;
Farmers market managers should consider the recommendations below to help ensure safe access to food while helping
prevent the spread of COVID-19.
The COVID-19 pandemic has brought new challenges to food security in the United States.Access to healthy food options
and nutrition are an important part of overall physical and mental health. Across the United States,farmers markets have
been named an essential service because of their role in supporting local farms and providing communities access to
fresh,healthy food during the pandemic.Outdoor farmers markets provide a lower risk shopping option with immediate
and lasting benefits for shoppers and the community at-large.
These considerations are meant to supplement—not replace—any state,local,territorial,or tribal health and safety laws,
rules,and regulations that organizations must follow.Farmers market managers should collaborate with state and local
health officials to determine whether to implement these considerations as-is or tailor them to their community's needs.
Farmers market managers should continue monitoring the spread of COVID-19 in the community they serve and have a
plan in place to adjust their operations as needed.
Farmers market managers may also benefit from reviewing CDCs COVID-19 guidance and considerations on community
based organizations,workplaces,events and gatherings,and food service providers.Farmers market managers should
consider CDC's information on people a:higher risk of severe illness,,
Slowing the spread of COVID-19
Coronaviruses,such as the one that causes COVID-19,are thought to spread mostly from person to person through
respiratory droplets emitted when an infected person coughs,sneezes,or talks.The droplets containing virus are spread
in the air and can be inhaled in the lungs or land on the mouth,nose or eyes of people nearby. A person also might be
exposed to the virus causing COVID-19 by touching a surface or object,including food or food packaging,that has been
contaminated with the virus when an infected person coughs or sneezes near it,and then touches their own mouth,nose,
or eyes.However,this is not thought to be the main way the virus spreads.Risk of transmission from food,food
packaging,and shopping bags is considered very low,but there are other,possible routes of COVID-19 transmission,such
as:
• Being in close contact(within 6 feet)with people you don't live with,especially people who are not wearing a mask.
The more people you interact with,and the longer those interactions last,the higher the risk of COVID-19 spread;
• Touching a surface or object that has the virus on it and then touching your own mouth,nose,or eyes.
Outdoor activities generally are lower risk than indoor activities but there are still important ways to prevent the spread of
COVID-19 that should be followed:
• Staying home when sick
•
• Social distancing
4 .111
https://www.cdc.gov/coronavirus/20I9-ncovfcommun I ets.html 9/30/2020
Page S4 of 1884
DocuSign Envelope ID:885FFAB6-94E1-4756-8612-1 B9AFD51A78D
DocuSign Envelope ID:B7C1B82F-F837-4C10-A813-7E55DC1E6537
Considerations for Outdoor Farmers Markets I CDC Page 2 of 5
• Wearing a mask
• If soap and water are not readily available,use a hand sanitizer that contains at least 60%alcohol.Cover all surfaces
of your hands and rub them together until they feel dry.Avoid touching your eyes,nose,and mouth with unwashed
hands.
• Cleaning and disinfection
Promote healthy behaviors
Encourage people to stay home when sick.
• Staff,volunteers,and vendors should stay home if they have tested positive for or are showing COVID-19 symptoms
or have recently had close contact with a person with symptoms of,or diagnosed with,COVID-19.
• Educate staff,volunteers,and vendors about when they should stay home and when it is safe to be around others.
• Actively encourage customers using signage.social media,or other communication platforms that your market
commonly uses,to stay home if they have tested positive for or are showing COVID-19 symptomsor have recently
had close contact with a person with symptoms of,or diagnosed with,COVID-19.
Encourage people to socially distance.
• Staying at least six feet apart from others,even when you are outside,reduces the chance that you will be exposed to
the virus from respiratory droplets emitted by others.
• Many people with COVID•19 have mild symptoms or no symptoms,but they can still spread the virus to others.
Staying apart reduces your risk of getting COVID-19.
• Social distancing is most effective when it is used along with other prevention strategies,including wearing masks.
Masks
• Require staff,volunteers,and vendors to use masks.Masks are an important means of reducing viral spread and are
essential during times when social distancing is difficult.Provide information to all staff and volunteers on proper use
and washing of masks.
• If feasible,provide masks for staff,volunteers,and vendors and consider asking them to bring extra masks,in case
their mask gets wet or soiled,as well as a sealable plastic bag or other container to store masks when not in use.
• Encourage customers to bring and use masks.If feasible,provide masks for those who may not have one.
Hand hygiene
• Provide handwashing stations or hand sanitizer with at least 60%alcohol for all,including customers,market staff,
volunteers,and vendors,and encourage vendors to offer the same at their booth.
• Proper hand hygiene is an important infection control measure.Ensure vendors,market staff,and volunteers wash
their hands regularly with soap and water for at least 20 seconds.If soap and water are not readily available or
accessible,provide an alcohol-based hand sanitizer containing at least 60%alcohol.
• Key times to clean hands in general include:
• Before,during,and after preparing or handling food
• Before eating food
• After using the toilet
• After blowing your nose,coughing,or sneezing
• After touching frequently touched surfaces
https://www.cdc.gov/coronavirus/20 19-ncovicommunity/outdoor-farmers-markets.htm I 9/30/2020
Page 335 of 1884
DocuSign Envelope ID:885FFAB6-94E1-4756-B612-1B9AFD51A78D
DocuSign Envelope ID:B7C1B82F-F837-4C10-A813-7E55DC1E6537
Considerations for Outdoor Farmers Markets 1 CDC Page 3 of 5
• After putting on,touching or removing masks
• Additional workplace-specific times to dean hands include:
• Before and after work shifts and periodically throughout shift
• Before and after work breaks
• After touching money or objects that have been handled by customers,such as produce,other market food,and
reusable grocery bags
• Before putting on and taking off disposable gloves
• After taking out the trash
Clear signage and communications
• Ensure that all staff,volunteers,vendors,and customers are aware of market policies and procedures.Signs with
market hours of operation and safety precautions should be posted at each entrance/exit and near shared areas.if
possible,make the same information available on your website and social media platforms.
• Post signs in highly visible locations(e.g.,at building entrances,in restrooms)that promote everyday protective
measures and describe how to stop the spread■ of germs by properly washing hands and properly wearing a
mask 0 .
• Consider developing signs and messages in different formats(e.g.,large print,Braille,American Sign Language)for
people who have low vision.
• Consider adding signs in other languages commonly spoken in your community and visuals tailored for low literacy
audiences.
Maintain healthy environments
Consider modifications you can make to promote social distancing,including:
• Providing different ways for ordering and pick-up to reduce the number of in-person interactions(e.g.,curbside box
pickup).Set up designated pick-up areas.
• Where possible,redesigning market layouts to increase the distance between customers in line and walking
throughout the market(e.g.,increase space between vendor booths;create one-way traffic flow).Ensure that market
layout modifications are accessible for all persons(e.g.,ADA-compliant paths).
• Limiting the number of customers to reduce crowding and lines to meet social distancing guidelines.
• Installing physical barriers like sneeze guards and partitions,particularly in areas where it is difficult for individuals to
remain at least 6 feet apart(e.g.,vendor booths).
• Posting clear and prominent directional and physical distancing signage for all walkways,entry and exit ways,vendor
booths,and spaces that can easily become crowded(e.g.,customers waiting in line).
Safe operations include:
• Being aware of local and state regulatory agency policies related to providing essential services and group gatherings
to determine if your market can be held,and if there are restrictions limiting the number of attendees or vendors.
• Limiting market activities that target individuals identified as higher risk for serious illness for COVID-19,if feasible.If
these events or activities continue to be offered,consider creating a schedule that includes special shopping hours
for at-risk or vulnerable populations(e.g.,senior shopping hours).
• Where feasible,implementing cashless payment systems and continue to accept SNAP EBT.If your market
traditionally uses hard to-clean vouchers(e.g.,wooden tokens)for SNAP EBT transactions or other incentives,
consider alternatives.
ht(ps://www.cdc.gov/coronavirus20I 9-ncov/community/outdoor-farmers-markets.html 9/30/2020
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Considerations for Outdoor Farmers Markets 1 CDC Page 4 of 5
• When exchanging paper and coin money
• Do not touch your face afterwards.
• Ask customers to place cash on the table or directly in a cashbox.rather than directly into your hand.
• Place money directly on the table when providing change back to customers.
• Wipe the table between each customer at checkout.
• Avoiding using cloth table coverings or other hard CO clean table covers.
• If possible,vendor booths should have a designated person for handling cash/tokens and another for handling food
or food products.
• Limiting or suspending taste testing,cooking demonstrations,and/or other food sampling activities.
• If your market offers prepared food for immediate consumption,consider limiting to take-out orders only.
• Consider limiting or suspending non-essential market services or events like live music.
• Discouraging customers from touching items they do not plan to purchase.
• Consider regular symptom screenings of staff,vendors or others that come onsite,and have a plan for if anyone
arrives or becomes ill.For guidance related to screening of staff,please refer to CDCs Interim Guidance for
Businesses and Employers Responding to Coronavirus Disease 2019 and the"Prevent Transmission Among
Employees"section of CDC's Resuming Business Toolkit■ .
• Train staff,volunteers,and vendors on new COVID-19 procedures.If possible,conduct training virtually so all can
attend,and no crowds will gather.
• Require staff,volunteers,and vendors to wash their hands for at least 20 seconds with soap and water(or use hand
sanitizer)frequently before,during,and after shifts.
• Consider asking vendors to pre-bag or pre-portion items for sale prior to market.
• Staggering eating/break times and identify a designated area for staff and volunteers to take breaks where social
distancing can be maintained.
• Discouraging customers and vendors from bringing pets except—service animals—to the market.
Cleaning and disinfection
Follow CDC and EPA's Guidance on Cleaning and Disinfection to prepare and maintain a safe environment for your market
workforce,volunteers,vendors and customers.Use EPA-approved disinfectants against the virus that causes COVID-19 .
Always read and follow label instructions for each product.
• Routinely clean,sanitize,and disinfect payment devices,tables,and other high touch surfaces and objects.Require
participating market vendors to do the same.
• If you have restrooms or port-a-potties,set up a schedule to frequently clean and disinfect all surfaces,and replenish
soap.sanitizers,or paper products.
• Limit or suspend the use of items that are hard to clean and disinfect(e.g.,wooden tokens).
• Use disposable gloves when removing garbage bags or handling and disposing of trash:
• After using disposable gloves,throw them out in a lined trash can.
• Do not disinfect or reuse the gloves.
• Wash hands after removing gloves.
• Ensure you have enough supplies for market workforce,volunteers,and customers to clean their hands and cover
their coughs and sneezes.Supplies include soap,water,hand sanitizer containing at least 60%alcohol,a way to dry
hands,tissues,disinfectant wipes,masks(as feasible),and no-touch trash cans.
https://www.cdc.gov/coronavirus/20l 9-ncov/community/outdoor-farmers-markets.html 9/30/2020
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Considerations for Outdoor Farmers Markets 1 CDC Page 5 of 5
Plan for what to do If a staff member,volunteer,vendor,or customer gets sick by referring to relevant sections in CDCs
Considerations for Community-Based Organizations and Event Planning Q&As.Critical infrastructure workers(e.g.
farmers)may refer to CDC Guidance for Critical Infrastructure Workers,if applicable.
Additional Resources
Running Essential Errands
Food and Food System Resources During COVID-19 Pandemic
Considerations for Food Pantries and Food Distribution Sites
Considerations for Outdoor Learning Gardens and Community Gardens
Communication Resources •
For general disease prevention when interacting with animals,follow advice in the Compendium of Measures to
Prevent Disease Associated with Animals in Public Settings it E!
For more information on COVID-19 and food,see FAQ pages from the S.Food and Drug Administration and the
U.S.Department of Agriculture !
Last Updated Sept.17.2020
Content source:\at.ona:Center to,drnmur zat or ar.d Respiratory Diseases(NCRD).Dyson of wa D•seases
https://www.cdc.gov/coronavirus/20 i 9-ncov/community/outdoor-farmers-markets.html 9/30/2020
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139,www.miamibeachfl.gov
PROPERTY MANAGEMENT DEPARTMENT
Tel:305-673-7193
January 26, 2021
Ms. Claire Tomlin Sent Via E-mail: claireCa)themarketcompany.org
The Market Company, Inc.
238 E. San Marino Drive
Miami Beach, Florida33139
Re: TEMPORARY AGREEMENT, PURSUANT TO REQUEST FOR LETTERS OF INTEREST 2019-
318-WG (THE RFLI) FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD
GREEN MARKET, FOR THE OPERATION OF THE MARKET, AMENDING THE LETTER
AGREEMENT DATED SEPTEMBER 30, 2020 FOR THE OPERATION OF THE MARKET AND
EXTENDING THE TERM OF OPERATION FROM OCTOBER 1, 2020 THROUGH MARCH 31,
2021.
Dear Ms. Tomlin:
The current agreement("Existing Agreement")between the City of Miami Beach(the"City")and The Market
Company, Inc. ("Concessionaire"), pursuant to RFP 2013-317-ME for the management and operation of
the Lincoln Road Green Market ("Market"), expired on September 30, 2019. Subsequently, the Existing
Agreement was extended on a month-to-month basis for a term not-to-exceed one (1) year ending
September 30, 2020.
On September 16,2020, the Mayor and City Commission adopted Resolution No. 2020-31401, authorizing
the Administration to negotiate a new agreement with Concessionaire for the operation of the Market.
Pending completion of negotiations, the City and Concessionaire executed a letter agreement, dated
September 30,2020,which extended the Existing Agreement,instead of approving the temporary operation
of the Market under a separate temporary agreement ("Temporary Agreement"), pending completion of
negotiations.
The following shall serve to amend the October 28, 2020 letter agreement to: (1) amend the term of the
Temporary Agreement to reflect the period commencing on October 1, 2020 and ending on March 31,
2021: and (2) reflect that the operation of the Market under the terms of the Existing Agreement,
incorporated herein by reference, subject to the following modifications: (i)the Percentage of Gross shall
be twenty-two and a half percent (22.5%), with no Minimum Guarantee payment, and (ii) Concessionaire
shall comply with all applicable CDC Guidelines, incorporated herein by reference and attached hereto as
Attachment 1.
The City seeks concurrence from the Concessionaire to operate under the terms of this Temporary
Agreement. This Temporary Agreement is terminable by the City for convenience and without cause at
any time upon five (5)days written notice.
Please indicate your acceptance of the terms and conditions of this Temporary Agreement by executing
below as indicated. Should you have any questions or need additional information please do not hesitate
to contact me at(305)673-7000 extension 22932.
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TEMPORARY AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE LINCOLN ROAD GREEN MARKET
Page 1 of 2
Sincerely,
CDoeuSfgned by:
�
AananFMMorales
Property Management Department Director
Attachment- 1 CDC Guidelines
Please sign below as your acceptance of the terms and conditions, as set forth in this Temporary
Agreement.
THE MARKET COMPANY, INC CITY OF MIAMI BEACH, FLORIDA
claire Tomlin
BY: BY: Raul J.Aquila.Interim City Manager
ned by: n QY
"tint& rAlitt Qfit&
‘'—§513EN6417°- 13ratpfae945D...
1/29/2021 15:19 PM EST 1/29/2021 5:32 PM EST
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
kc\--41j,\V-- 1,P(ZD'e r
City Attorney Dote
We are committed to providing excellent public serpicskanggity iserho five,work and play in our vibrant,tropical,historic
community.