Amendment NO.1 to the Managment and Operation Agreement with Florida Fresh Market Enterprises, Inc TOURISM AND CULTURE DEPARTMENT
DATE: 2/24/2023
TO: Alina Hudak, City Manager
Marcia Monserrat, Chief of Staff
FROM: Lissette Garcia Arrogante,Tourism and Culture Directo
SUBJECT: Professional Service Agreement
For:
Information Only
X Review & Approval
X City Manager's Signature
Other
Comments:
❑ Fee Waiver Memo/Consecutive Day Clause Memo
[' Street Closure:
❑ Special Event Permit(s):
® Other: Amendment No. 1 -Management/Operations Artisanal
Markets Lummus park
❑ Film Permit:
Return to:
❑ Lissette A.x26597 ❑ Francys Vallecillo 26326 ® Jazmine Pena 27577
Date Needed:
2/24/23
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
M I AM I BEACH _ Contract/Document Routing Form
Contract No.
21-151-01 Amendment No.1-MANAGEMENT/OPERATIONS ARTISANAL MKTS LUMMUS PARK
Florida Fresh Market Enterprises,Inc. Tourism and Culture
Dewa'gr-d by.2/15/2023 nnnRign>d hy-
Lissette Garcia Arrogante �/ 10 o �r�t 2JWb�15/2023 10:05 AM EST
IGt a rUa /�l CIA St
x Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Type 8—Other:
Pursuant to resolution 2022-32259,the Mayor and City Commission authorized the Administration to enter negotiations with
Florida Fresh Market Enterprises Inc.to activate artisanal markets in other Miami Beach locations. Pursuant to Resolution
2023-32465 approved during the February 1,2023 Commission Meeting,the Mayor and City Commission voted to approve
and authorize the City Manager to execute Amendment No.1 to the agreement between the City of Miami Beach and Florida
Fresh Markets Enterprises Inc.(21-151-01)to add activations in the areas of the 41st Street Commercial Corridor,Collins Park
Plaza,and Normandy Fountain Plaza.
Original Term Renewal Periods 41111.1Total Term(Original+Renewals
Two(2)Years Three(3),one(1)year Five(5)
.. Funding Information W.
Grant Funded: Yes x No State M Federal Other:
Cost&Funding Source
Year An Account Require Enhancement
1 $15,000 MG Account to be created by Finance Yes x No
2 $15,000 MG Account to be created by Finance Yes x No DS
3 $15,000 MG Account to be created by Finance Yes x No T
4 $15,000 MG Account to be created by Finance Yes x No
5 $15,000 MG Account to be created by Finance Yes x No
1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.
3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of
the annual adopted operating budget.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2023-32465 C70 February 1,2023
If no,explain why CC approval is not required:
Legal Form Approved: x Yes No If no,explain below why form approval is not necessary:
Procurement: A �s2/24/2023 I madti: AM EST e.
Budget: N RojigAlignE4co Information Technology:
/22/2023 1 4:21 PM EST
tolAtica. ON Sawa
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
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Risk Management: putYZ a 2/2,4023 I TIETS4c3ifs:
Human Resources: ":—Bc5EDB29874040B... Other:
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
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AMENDMENT NO.1 TO THE MANAGEMENT AND OPERATION
AGREEMENT 2023 FEB 24 pm to 19
BETWE
THE CITY OF MIAMI BEACH, FLORID AY OF MIAMI BEACH
AND ,,,'F ICE OF THE CITY CL E1
FLORIDA FRESH MARKET ENTERPRISES, INC.
FOR MANAGEMENT AND OPERATION AGREEMENT OF
ARTISANAL MARKETS
FEB 2 4 2023
This Amendment No. 1 ("Amendment") to the Management and Operation Agreement (the
"Agreement"), dated May, 25, 2022, is entered into this day of , 2023
("Effective Date"), between the CITY OF MIAMI BEACH, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and FLORIDA FRESH MARKET
ENTERPRISES, INC. a Florida Corporation having its principal place of business at 16471 SW
18 Street, Miramar, Florida 33027 ("Concessionaire"), and hereby amends the Agreement as
follows:
RECITALS
WHEREAS, on May 12, 2021, the Mayor and City Commission authorized the issuance
of the RFP (RFP 2021-151-ND) to solicit proposals for the management and operation of an
artisanal market in Lummus Park. The RFP was developed for the Lummus Park market
specifically as it is likely to be the largest artisanal market within the City; and
WHEREAS, on October 13, 2021, the Mayor and City Commission authorized the
Administration to enter negotiations with Florida Fresh Market, the top ranked proposer; and
WHEREAS, on July 20, 2022, through resolution 2022-32259 the 'Mayor and City
Commission approved the relocation of the Lummus Park Artisanal Market from 13 Street and 14
Place to 6 Street and 8 Streets and authorized the Administration to enter into negotiations with
Florida Fresh Market to activate artisanal markets in other Miami Beach locations; and
WHEREAS, the 41 St Street commercial corridor location is limited to the public right of way
of municipal parking lot P63 (4166 Royal Palm Avenue), bounded on the north by the curb
approximately one hundred twenty(120.0)feet north and parallel to the parking lot's southernmost
boundary, bounded on the south by the curb approximately sixty(60.0)feet north and parallel to
the parking lot's southernmost boundary, bounded on the east by the easternmost non-handicap
parking space and bounded on the west by the westernmost edge of the 13th consecutive parking
space from the easternmost boundary; and
WHEREAS, the Collins Park Plaza location is limited to the public right of way bounded
on the north by the bollards on Liberty Avenue separating the pedestrian walkway and the Collins
Park Garage vehicular entrance, bounded on the south by the northern most line of the 22nd
Street right of way, bounded on the east by the easternmost line of the Liberty Avenue right of
way, and bounded on the west by the westernmost line of the Liberty Avenue right of way; and
WHEREAS, the Normandy Fountain Plaza location is limited to the public right of way
bounded on the south by the north right of way line of the 71St Street, bounded on the north by
the south right of way line of Normandy Drive, bounded on the west by a line eight(8.0)feet west
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
of and parallel to the west back of curb of Rue Vendome, and bounded on the east by a line
twenty feet and six inches 20' 6"east of and parallel to the east back of curb of Rue Vendome.
NOW THEREFORE,in consideration of the mutual promises and conditions contained herein,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
City and Consultant hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items sough and inserted items
underlined) as follows:
Section 2.3.1 Additional Concession Areas. The Parties agree to establish
additional Concession Areas upon the terms and at the locations set forth in Exhibit
"B", as incorporated into the Agreement and attached hereto.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment shall
govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: -
.7)4
Rafael E. Granado, City Clerk Alina, T. Hudak, City Manager
FEB 2 4 2023
Date INCORP ORATED
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
FOR CONCESSIONAIRE: FLORIDA FRESH MARKET
ENTERPRISES, INC.
ATTEST:
li
Signature/Secretary Signatur 'dent
Nicholas Thomas Iris Casanova
Print Name Print Name
02/03/2023 02/03/2023
Date Date
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
At431A!wavkit--- 42)Z3
ilaty Attorney 0_i' Date
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
EXHIBIT B
1. Normandy Fountain Plaza
Concession Area
This Concession Area is limited to the public right of way bounded on the south by the north right
of way line of the 71St Street, bounded on the north by the south right of way line of Normandy
Drive, bounded on the west by a line eight(8.0)feet west of and parallel to the west back of curb
of Rue Vendome, and bounded on the east by a line twenty feet and six inches 20' 6" east of and
parallel to the east back of curb of Rue Vendome. The Concession Area does not include those
portions of the public right of way where fountains, seating, or other public amenities or other uses
authorized/licensed/permitted by the City are currently located or may be located in the future.
Facilities
Operation of the market(s) shall generally include the temporary installation of booths, tents,
tables. signs, or space(s) (collectively, "Facilities"), in conformance with the Concession Area
approved in this Exhibit B. Each continuous and unique facility shall not exceed a maximum
number of 21 tent spaces and/or tables, unless approved in writing by the City Manager or his/her
designee. Concessionaire further agrees that it will not alter or modify its Site Plan without the
prior written consent of the City Manager or his/her designee, except as may be prudent in
response to changing best practices and conditions pertaining to the management of the COVID-
19'pandemic.
Concession Fees
Security Deposit
Upon execution of this Agreement Concessionaire shall furnish the City with a security deposit in
the amount of One Thousand and 00/100 ($1,000.00) Dollars. Said security deposit shall serve
to secure Concessionaire's performance in accordance with the provisions of this Agreement. In
the event the Concessionaire fails to perform in accordance with said provisions the City may
retain the security deposit as well as pursue any and all other legal remedies provided herein or
as may be provided by applicable law.
Percentage of Gross PG vs Minimum Guarantee MG
During the Initial Term and any Renewal Term of the Agreement, Concessionaire shall pay the
City twenty-five (25%) percent of Concessionaire's monthly gross receipts PG within thirty (30)
calendar days of the end of each month during the term herein.
Minimum Guarantee MG
Notwithstanding the PG payment specified in the previous paragraph and in consideration of the
City executing this Agreement and granting the rights provided in this Agreement, Concessionaire
shall pay to the City a Minimum Guaranteed Annual Concession Fee (MG) of Five Thousand
and 00/100 ($5,000.00) Dollars for the Initial Term, which shall be paid annually in accordance
with subsections 4.2 and 4.3 of the Agreement, as applicable.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
In the event that the annual PG is less than the MG, Concessionaire shall also pay the City annual
for the difference between the PG amount and the MG amount, with such payment made no later
than thirty(30) days from the end of each fiscal year during any Term hereunder.
In the event that the City, at its sole discretion, chooses to extend the term of this Agreement for
any or all of the additional three(3), one(1)year Renewal Terms, the Renewal Term MG shall be
automatically increased by five percent (5%)from the previous term's MG, and shall be due and
payable to the City, in accordance with Subsections 4.2 and 4.3, as applicable.
Off-Duty Police
Off-duty police services are not required for the operation of this location. Should the City, in its
reasonable and sole discretion, hereinafter deem that a modification to the Policing Services is
warranted, the City shall provide notice to Concessionaire, who shall immediately thereafter
implement said modification to the Policing Services.
Schedule of Operation
Concessionaire's operations shall be open on the Concession Area in accordance with the
schedule outlined below, weather or events of force majeure permitting.
Day(s) of Operation: Sundays only on a biweekly basis, unless otherwise expanded by mutual
written agreement of the City Manager or her/his designee and Concessionaire within thirty(30)
days prior.
Operating Hours:
Set-Up:
Must not begin earlier than 9:00 AM and end by 10:30 AM
Market operating hours
Daylight Savings Time 11:00 AM to 5:00 PM
Eastern Standard Time 11:00 AM to 5:00 PM
Move-Out
Daylight Savings Time 5:00 PM to 6:30 PM
Eastern Standard Time 5:00 PM to 6:30 PM
Any change in the day(s) or hours of operation require the prior written consent of the City
Manager including but not limited to change in the days and hours of operation requested
pursuant to Subsection 3.1.11.
Termination for Convenience/Partial Termination
Termination for Convenience/Partial Termination will apply individually to this location in
accordance to Subsection 13.6, as applicable.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
Normandy Fountain Plaza Site Map
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
2. Collins Park Plaza
Concession Area
This Concession Area is limited to the public right of way bounded on the north by the bollards on
Liberty Avenue separating the pedestrian walkway and the Collins Park Garage vehicular
entrance, bounded on the south by the northern most line of the 22nd Street right of way, bounded
on the east by the easternmost line of the Liberty Avenue right of way, and bounded on the west
by the westernmost line of the Liberty Avenue right of way.The Concession Area does not include
those portions of the public right of way where fountains, seating, or other public amenities or
other uses authorized/licensed/permitted by the City are currently located or may be located in
the future
Facilities
Operation of the Market(s) shall generally include the temporary installation of booths, tents,
tables. signs, or space(s) (collectively, "Facilities"), in conformance with the Concession Area
approved in Exhibit B. Each continuous and unique facility shall not exceed a maximum number
of 17 tent spaces and/or tables, subject to the approval of the City Manager or his/her designee.
Concessionaire further agrees that it will not alter or modify its Site Plan without the prior written
consent of the City Manager or his/her designee, except as may be prudent in response to
changing best practices and conditions pertaining to the management of the COVID-19 pandemic.
Concession Fees
Security Deposit
Upon execution of this Agreement Concessionaire shall furnish the City with a security deposit in
the amount of One Thousand and 00/100 ($1,000.00) Dollars. Said security deposit shall serve
to secure Concessionaire's performance in accordance with the provisions of this Agreement In
the event the Concessionaire fails to perform in accordance with said provisions the City may
retain said security deposit as well as pursue any and all other legal remedies provided herein or
as may be provided by applicable law.
Percentage of Gross PG vs Minimum Guarantee MG
During the Initial Term and any Renewal Term of the Agreement, Concessionaire shall pay the
City on a monthly basis and within thirty 30 calendar days from the end of each month during the
term herein an amount equal to twenty-five(25%)percent of Concessionaire's gross receipts PG.
Minimum Guarantee MG
Notwithstanding the PG payment specified in the previous paragraph and in consideration of the
City executing this Agreement and granting the rights provided in this Agreement Concessionaire
shall pay to the City a Minimum Guaranteed Annual Concession Fee (MG) of Ten Thousand
and 00/100 ($10,000.00) Dollars for the Initial Term and shall be paid annually in accordance
with subsections 4.2 and 4.3 as applicable.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
In the event that the annual PG is less than the MG then the Concessionaire shall also pay to the
City on an annual basis the difference between the PG amount and the MG amount no later than
thirty 30 days from the end of each fiscal year during any Term hereunder.
In the event that the City, at its sole discretion, chooses to extend the term of this Agreement for
the additional three(3), one(1)year Renewal Term, the Renewal Term MG shall be automatically
increased, by five percent(5%)from the previous term's MG, and shall be due and payable to the
City, in accordance with Subsections 4.2 and 4.3, as applicable.
Off-Duty Police
Off-duty police services are not required for the operation of this location. Should the City, in its
reasonable and sole discretion, hereinafter deem that a modification to the Policing Services is
warranted, the City shall provide notice to Concessionaire, who shall immediately thereafter
implement said modification to the Policing Services.
Schedule of Operation
Concessionaire's operations shall be open on the Concession Area in accordance with the
schedule outlined below weather or events of force majeure permitting
Day(s) of Operation: Saturdays, unless otherwise expanded by mutual written agreement of the
City Manager or her/his designee and Concessionaire within thirty(30)days prior.
Operating Hours:
Set-Up:
Must not begin earlier than 9:00 AM and end by 10:30 AM
Market operating hours
Daylight Savings Time 11:00 AM to 5:00 PM
Eastern Standard Time 11:00 AM to 5:00 PM
Move-Out
Daylight Savings Time 5:00 PM to 6:30 PM
Eastern Standard Time 5:00 PM to 6:30 PM
Any change in the day(s) or hours of operation require the prior written consent of the City
Manager including but not limited to change in the days and hours of operation requested
pursuant to Subsection 3.1.11.
Termination for Convenience/Partial Termination
Termination for Convenience/Partial Termination will apply individually to this location in
accordance to Subsection 13.6, as applicable.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
Collins Park Plaza Site Map
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
3. 41 St Street Location
Concession Area
This Concession Area limited to the public right of way of municipal parking lot P63 (4166 Royal
Palm Avenue), bounded on the north by the curb approximately one hundred twenty(120.0)feet
north and parallel to the parking lot's southernmost boundary, bounded on the south by the curb
approximately sixty (60.0) feet north and parallel to the parking lot's southernmost boundary,
bounded on the east by the easternmost non-handicap parking space and bounded on the west
by the westernmost edge of the 13th consecutive parking space from the easternmost boundary.
The Concession Area does not include those portions of the public right of way where fountains,
seating, or other public amenities or other uses authorized/licensed/permitted by the City are
currently located or may be located in the future
Facilities
Operation of the Market(s) shall generally include the temporary installation of booths, tents,
tables. signs, or space(s) (collectively, "Facilities"), in conformance with the Concession Area
approved in this Exhibit B. Each continuous and unique facility shall not exceed a maximum
number of 18 tent spaces and/or tables, subject to the approval of the City Manager or his/her
designee. Concessionaire further agrees that it will not alter or modify its Site Plan without the
prior written consent of the City Manager or his/her designee, except as may be prudent in
response to changing best practices and conditions pertaining to the management of the COVID-
19 pandemic.
Concession Fees
Security Deposit
Upon execution of this Agreement Concessionaire shall furnish the City with a security deposit in
the amount of One Thousand and 00/100 ($1,000.00) Dollars. Said security deposit shall serve
to secure Concessionaire's performance in accordance with the provisions of this Agreement In
the event the Concessionaire fails to perform in accordance with said provisions the City may
retain said security deposit as well as pursue any and all other legal remedies provided herein or
as may be provided by applicable law.
Percentage of Gross PG vs Minimum Guarantee MG
During the Initial Term and any Renewal Term of the Agreement, Concessionaire shall pay the
City on a monthly basis and within thirty 30 calendar days from the end of each month during the
term herein an amount equal to ten (10%) percent of Concessionaire's gross receipts PG.
Minimum Guarantee MG
There is no Minimum Guaranteed Annual Concession Fee (MG) due to the City from the
Concessionaire for this market location.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
Parking Space Rental Fees
The Concessionaire shall pay for the rental of 26 parking spaces within the Concession Area
directly to the City of Miami Beach Parking Department on a quarterly basis (estimated yearly
cost of$13,664).
Off-Duty Police
Off-duty police services are not required for the operation of this location. Should the City, in its
reasonable and sole discretion, hereinafter deem that a modification to the Policing Services is
warranted, the City shall provide notice to Concessionaire, who shall immediately thereafter
implement said modification to the Policing Services.
Schedule of Operation
Concessionaire's operations shall be open on the Concession Area in accordance with the
schedule outlined below weather or events of force majeure permitting
Day(s) of Operation: Sundays, unless otherwise expanded by mutual written agreement of the
City Manager or her/his designee and Concessionaire within thirty(30)days prior.
Operating Hours:
Set-Up:
Must not begin earlier than 9:00 AM and end by 10:30 AM
Market operating hours
Daylight Savings Time 11:00 AM to 5:00 PM
Eastern Standard Time 11:00 AM to 5:00 PM
Move-Out
Daylight Savings Time 5:00 PM to 6:30 PM
Eastern Standard Time 5:00 PM to 6:30 PM
Any change in the day(s) or hours of operation require the prior written consent of the City
Manager including but not limited to change in the days and hours of operation requested
pursuant to Subsection 3.1.11.
Termination for Convenience/Partial Termination
Termination for Convenience/Partial Termination will apply individually to this location in
accordance to Subsection 13.6, as applicable.
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
41st Street Location—Site Map- P63 Municipal Parking Lot
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1 DATE(MM/DD/YYYY)
.,came CERTIFICATE OF LIABILITY INSURANCE 2/8/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER: THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAMF:
SHILING & TOLEDO INSURANCE INC PHONE (305)823-3881 IFAx 305)823-4383
PO Box 651371 E-MAILS Fxt• (A/C.No):(
ADDRESS:ShilingToledo@sntinsurance.com
Miami, FL 33265 INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: Penn America 32859.
INSURED Florida Fresh Market Enterprises Inc INSURER B:Evanston Insurance 35378
1182 6-B Miramar Parkway INSURER C:
Miramar, Fl 33025 INSURERD:
(305)318-6148 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE.POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IY EXP
LTR TYPE OF INSURANCE IIMAX VWD POLI YNUMBER (WAIN MML/DO//Y1r/VI (Y EFF MMIDD ) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X,CLAIMS-MADE 0 OCCUR PREMISESO(Ea occurrence) $ 100,000
PAV0421692 02/06/23 02/06/24 MED EXP(Any one person) $ Excluded
A Y Y PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $ 2,000,000
POLICY DRPRO-
JECT LOC PRODUCTS-COMP/OP AGG $ Included
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED N/A BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS - AUTOS (Per accident)
_ $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000
B X EXCESS LIAB CLAIMS-MADE EZRS3104484 02/06/23 02/06/24 AGGREGATE $ 1,000,000
DED I J RETENTIONS S
WORKERS COMPENSATION I STATUTE I I ERH
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE It/
N/A EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N IA
(Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
N/A
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mere space is required)
Certificate holder is listed as additional insured with respects to General Liability
including waiver of Subrogation.
CERTIFICATE HOLDER CANCELLATION
City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
c/o EXZGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 947
Murrieta, CA 92564 AUTHORIZED REPRESENTATIVE
c T-A'-(�
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
•
RESOLUTION NO, 2023-32465 •
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO.1 TO THE MANAGEMENT AND
OPERATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND FLORIDA FRESH MARKET ENTERPRISES, INC. FOR
MANAGEMENT AND OPERATION OF ARTISANAL MARKETS, TO ADD
ACTIVATIONS IN THE AREAS OF THE 41ST STREET COMMERCIAL
CORRIDOR, COLLINS PARK PLAZA, AND NORMANDY FOUNTAIN
PLAZA.
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WHEREAS, on May 12, 2021, the Mayor and City Commission authorized the issuance
of the RFP (RFP 2021-151-ND) to solicit proposals for the management and operation of an
artisanal market in Lummus Park. The RFP was developed for the Lummus Park market
specifically as it is likely to be the largest artisanal market within the City; and
WHEREAS, on July 30, 2021, the Administration provided a status update on the
Request for Proposals(RFP 2021-151-ND)for Management and Operation of an Artisanal
Market in Lummus Park in LTC-315-2021; and
WHEREAS, the Administration worked to identify potential artisanal markets in other
areas to promote activations within certain neighborhoods or commercial districts and would serve
as informal social gatherings where residents and visitors could meet and interact with local artists
and designers, stimulate community development,and provide family-friendly engagements; and
WHEREAS, the Administration released an addendum to the RFP to allow future
additional markets to be added to the resulting agreement by mutual agreement, subject to City
Commission approval; and
WHEREAS, on October 13, 2021, the Mayor and City Commission authorized the
Administration to enter negotiations with Florida Fresh Market, the top ranked proposer and the
best qualified firm to manage and operate the artisanal markets; and
WHEREAS, Florida .Fresh Market demonstrated vast experience in collaborating with
other municipalities such as Bal Harbour Village,the City of Coral Gables,and the City of Miramar
in the development of their farmers' and artisans' markets. The process of contract negotiations
between the City and Florida Fresh Market began immediately; and
WHEREAS, on July 20, 2022, through resolution 2022-32259 the Mayor and City
Commission approved the relocation of the Lummus Park Artisanal Market from 13 Street and 14
Place to 6 Street and 8 Streets and authorized the Administration to enter into negotiations with
Florida Fresh Market to activate artisanal markets in other Miami Beach locations; and
WHEREAS, based on overall community feedback, the Administration and Florida Fresh
Market have negotiated the expansion of the Artisanal Market to activate in the following
neighborhoods: 41st Street Commercial Corridoor, Collins Park Plaza, and Normandy Fountain
Plaza; and
WHEREAS,the 415t Street commercial corridor location is limited to the public right of way
of municipal parking lot P63 (4166 Royal Palm Avenue), bounded on the north by the curb
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6 . '
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. .approximately one-hundred twenty(120.0)feet north and parallel to the parking lot's southernmost: : ••
.. .• ••• boundary, bOunded bri.the south by the curb approximately sixty(00.6).feet north and parallel to . • •-:
. -'the'parkingiot's southernmost boundary, bounded on the east by theeasternmOst non-handicap • • :• •• .
parking space and boUndecron the west by the westernmost edge of the 13th consecutive parking -
• •space•frorn the easternmost boundary; and • • • • • • . -.• • . . : : •• . s. '
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• • . • .; WHEREAS, the Collins Park Plaza location is limited;to the public right of way bounded ;
. - on the north by the bollards on Liberty Avenue separating the pedestrian walkway and the Collins . •
• Park Garage Vehicular entrance, bounded on the'south by the northern most line of the•22nd • . :
. - Street right of Way;bounded On the east by the easternmost line of the Liberty Avenue-right of
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way, and bounded on the west by the westernmost line of the Liberty Avenue right of way; and • •
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WHEREAS, the Normandy Fountain Plaza location is limited to•the public right:of way .
'.. .. -:bounded on the south by the north right of way line of the•71St Street, bounded on the north*by• .
• the south right of way line of Normandy Drive, bounded on the west by a line eight(SO)feet west• .; ..
• .". of and parallel to the west back of curb of Rue Vendome, and bounded'on the east by•a line• . .
• *twenty feet and six inches 20'6"east of and parallel to the east back of-curb of Rue Vendome. . • .
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• . 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 approve and authorize the City Manager to execute Amendment No.1'to the • . ,
- • Management and Operation Agreement between•the City.of Miami Beach, Florida and Florida . •
Fresh Market Enterprises, Inc. for Management and Operation of Artisanal Markets, to.add .
activations in the areas of the 41st Street commercial corridor, Collins Park Plaza, and.Normandy • . •
• .Fountain'Plaza. 0 " . • 0 • ' .' . . . . 1. -. • • • s .• " :. 5
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• •• : PASSED and ADOPTED this i day of F'?Ortfarif -, 2023 : . .:. . .
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Rafael E. Grn , y r . "
Dan Gelber,.Mayor..
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
Resolutions-C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: February 1,2023
SUBJECT:.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AND
OPERATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND FLORIDA FRESH MARKET ENTERPRISES, INC. FOR
MANAGEMENT AND OPERATION OF ARTISANAL MARKETS, TO ADD
ACTIVATIONS IN THE AREAS OF THE 41ST STREET COMMERCIAL
CORRIDOR, COLLINS PARK PLAZA, AND NORMANDY FOUNTAIN
PLAZA.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
Artisanal markets serve several objectives for cities, including enhancing and providing a
community gathering place, adding value to neighborhoods and existing commercial districts,
offering an economic opportunity to local vendors and businesses, and providing a diverse
marketplace for residents,visitors,and tourists.
As a result, the City Commission approved the relocation of the Lummus Park Artisanal market
from 13th Street and 14th place to 6th street to 8th street and authorized the Administration to
enter negotiations with Florida Fresh Market to activate artisanal markets in other areas of the
City.
ANALYSIS
On May 12, 2021, the Mayor and City Commission authorized the issuance of the RFP (RFP
202.1-151-ND)to solicit proposals for the management and operation of an artisanal market in
Lummus Park. The RFP was developed for the Lummus Park market specifically as it is likely
to be the largest artisanal market within the City.
On July 30, 2021, the Administration provided a status update on the Request for Proposals
(RFP 2021-151-ND)for Management and Operation of an Artisanal Market in Lurn us Park in LTC-
315-2021. The Administration worked to identify potential artisanal markets in other areas to promote
activations within certain neighborhoods or commercial districts. The additional markets would serve
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
as informal social gatherings where residents and visitors could meet and interact with local artists
and designers, stimulate community development, and provide family-friendly engagements.
Accordingly,the Administration released an addendum to the RFP to allow future additional markets
to be added to the resulting agreement by Mutual agreement, subject to City Corm ssion approval.
On October 13, 2021, the Mayor and City Commission authorized the Administration to enter
negotiations with Florida Fresh Market, the top ranked proposer. Florida Fresh Market was the
best qualified firm to manage and operate the artisanal markets. Florida Fresh Market
demonstrated vast experience in collaborating with other municipalities such as Bal Harbour
Village, the City of Coral Gables, and the City of Miramar in the development of their farmers'
and artisans' markets. The process of contract negotiations between the City and Florida Fresh
Market began immediately.
On July 20,, 2022, through resolution 2022-32259 the Mayor and City Commission approved
the relocation of the Lummus Park.Artisanal Market from 13 Street and 14 Place to 6 Street and
8 Streets and authorized the Administration to enter into negotiations with Florida Fresh Market
to activate artisanal markets in other Miami Beach locations.
Based on overall community feedback, the Administration has negotiated with Florida Fresh
Market the expansion of the Artisanal Market to activate in the following neighborhoods:.
• 41st Street Commercial Corridor
• Collins Park Plaza.
• Normandy Fountain Plaza.
The 41st Street Commercial Corridor location is limited to the public right of way of municipal
parking lot P63(4166 Royal Palm Avenue);bounded on the north by the curb approximately one
hundred twenty (120.0) feet north and parallel to the parking lot's southernmost boundary;
bounded on the south by the curb approximately sixty(60.0)feet north and parallel to the parking
lot's southernmost boundary, bounded on the east by the eastemmost non-handicap parking
space and bounded on the west by the westernmost edge of the 13th consecutive parking
space from the easternmost boundary.Estimated launch date of February 26,2023.
The Collins Park Plaza location is limited to the public right of way bounded on the north by the
bollards on Liberty Avenue separating the pedestrian walkway and the Collins Park Garage
vehicular entrance, bounded on the south by the northern most line of the 22nd Street right of
way, bounded on the east by the eastemmost line of the Liberty Avenue right of way, and
bounded on the west by the westernmost line of. the Liberty Avenue right of way. Estimated
launch date of Spring 2023.
The Normandy Fountain Plaza location is limited to the public right of way bounded on the south
by the north right of way line of the 71St Street, bounded on the north by the south right of way
line of Normandy Drive, bounded on the west bya line eight(8.0)feet west of and parallel to the
west back'of curb of Rue Vendome, and bounded on the east by a line twenty feet and six
inches 20'6" east of and parallel to the east back of curb of Rue Vendome. Estimated launch
date of Fall 2023.
Florida Fresh Market Expansion Details
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
41st Street Location -P63
Days of Operation* Sundays
Load-In 9:00 AM-10:00 AM
Hours of Operation 11:00 AM-5:00 PM
Load-Out 5:00 PM-6:30 PM
Security Deposit $2,250
Percentage of Gross 10%
Minimum Guarantee None
Parking Space Rental** Appx. $13,664/year
Collins Park Plaza
Days of Operation* Saturdays
Load-In 9:00 AM-10:00 AM
Hours of Operation 11:00 AM-5:00 PM
Load-Out 5:00 PM-6:30 PM
Security Deposit $2,125
Percentage of Gross 25%
Minimum Guarantee $10,000
Parking Space Rental N/A
Normandy Fountain Plaza.
Days of Operation* Sundays-Biw+eeldy
Load-In 9:00 AM-10:00 AM
Hours of Operation 11:00 AM-5:00 PM
Load-Out 5:00 PM-6:30 PM
Security Deposit $2,625
Percentage of Gross 25%
Minimum Guarantee $5,000
Parking Space Rental N/A
*Days of operation determined in collaboration with each
neighborhood's community input
**Yearly parking space rental fee paid by the Concessionaire to
the City of Miami Beach Parking Department
SUPPORTING SURVEY DATA
In the 2022 City of Miami Beach Resident Survey, 86% of residents agreed that free or City
sponsored art and cultural activities contribute to their quality of life in Miami Beach and 86% of
residents agreed that Miami Beach Cultural Activities (such as art shows, film festivals,
musicals,and live performances)contribute to the quality of life in Miami Beach.
FINANCIAL INFORMATION
N/A
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
CONCLUSION
It is recommended that the Mayor and City Commission adopt the resolution to approve and
authorize the City Manager to execute Amendment No.1 to the management and operation
agreement between the City of Miami Beach, Florida and Florida Fresh Market Enterprises, Inc.
for Management and Operation Agreement of Artisanal Markets to add activations in the areas
of the 41st Street commercial corridor,Collins Park Plaza,and Normandy Fountain Plaza.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O. •
to Know"item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Tourism and Culture
ATTACHMENTS:
Description
o Exhibit A-Normandy Fountain Plaza Site Plan
o Exhibit 8-Collins Park Plaza Site Plan
o Exhibit C-41st Street P63 Site Plan
❑ Exhibit D-Addendum 4 to RFP 2021-151-ND
❑ Exhibit E-Resolution 2022-32259
o Resolution
DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
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DocuSign Envelope ID:DB3DF38A-90ED-4B73-B501-6108907360F6
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