Amendment NO.2 to the Managment and Operation Agreement with Florida Fresh Market Enterprises, Inc DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180 2$: aT _ 32 Li f _—
AMENDMENT NO.2 TO THE TO THE MANAGEMENT AND
OPERATION AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FLORIDA FRESH MARKET ENTERPRISES, INC.
FOR MANAGEMENT AND OPERATION AGREEMENT OMAR Z 8 2023
ARTISANAL MARKETS
This Amendment No. 2 ("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 corporation established pursuant to the laws of the State of Florida,
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 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.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 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 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. 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; 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, on February 1, 2023, through resolution 2023-32465, the Mayor and City
Commission voted to approve and authorize the City Manager to execute the first amendment to
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
•
the Agreement to add activations in the areas of the 41st Street Commercial Corridor, Collins
Park Plaza, and Normandy Fountain Plaza ("Amendment No. 1"); and
WHEREAS, the parties desire to relocate the 41st Street Concession Area as set forth in
Exhibit A of this Amendment; and
WHEREAS, Section 2.3 of the Agreement gives the City Manager, or her designee, sole
and absolute discretion to change the location of the Concession Areas.
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 as follows:
1. To update the location of the 41st Concession Area, Exhibit B, as incorporated into
the Agreement by Amendment No. 1, is hereby amended as detailed in Exhibit A of
this Amendment, with deleted items struck-thr- h and inserted items underlined.
2. The 41St Street Map found in Exhibit B of the Agreement is hereby deleted and
replaced with the 41St Street Map found in Exhibit A of this Amendment.
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.
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
-7k1
Rafael E. Granado, City Clerk Alina, T. Hudak, City Manager
MAR 2 8 7n73 .. 8y,,,,,,
Date 1IN[ORP OKAYED'
FOR CONCESSIONAIRE: FLORIDA FRESH MARKET
ENTERPRISES, INC.
ATTEST: 00,
Signature/Secretary ‘gnatur President
Nicholas Thomas Iris Casanova
Print Name Print Name
03/07/2023 03/07/2023
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Af-.7 o 2 3
. 1 City Attorney Dat
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
Exhibit A
3. 41 St Street Location
Concession Area
The Concessie s;
This Concession Area is limited to the public right of way bounded on the north by the
southernmost line of the 41st Street right of way, bounded on the south by the northern most line
of the 40th Street right of way, bounded on the east by the westernmost line of the Pine Tree
Drive right of way and bounded on the west by the easternmost line of the 300 block 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
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
41st Street Location — Site Map— Harry Liebman Square
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41st Street for Collins Park December 1.2022.12:0C .1‘.1
TOURISM AND CULTURE DEPARTMENT
DATE: 03/24/2023
TO: Alina Hudak, City Manager
Marcia Monserrat, Chief of Staff
FROM: Lissette Garcia Arrogante,Tourism and Culture Direct
SUBJECT: Amendment
For:
Information Only
X Review & Approval
X City Manager's Signature
Other
•
Comments:
❑ Fee Waiver Memo/Consecutive Day Clause Memo
El Street Closure:
El Special Event Permit(s):
® Other: Amendment No. 2 to Florida Fresh Market Management and
Operation Agreement of Artisanal Markets
❑ Film Permit:
Return to:
❑ Lissette A.x26597 ❑ Francys Vallecillo 26326 ® Jazmine Pena 27577
Date Needed:
03/24/23
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
M ,AJv\ BEAC H
ContracthQocument Ro°uting Form_ k
Contee t No ,r • " -Tlt)e " r,.. •t a aw a "` B v.,.
21-151-01 Management/Operations of Artisanal Markets
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Florida Fresh Market Enterprises,Inc. Tourism and Culture
De oarFtmentt D rector.Name"S("naturet&Date .#.,a .:.? ,ACMPName'+Si nature&Date " 0t' r . ° :. •>,
Lissette Garcia Arrogante 3/23/2023 Liviagia�nserrat � 1k,uurdt
3/23/2023 _:45 EDT
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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: p
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On October 13,2021,the Mayor and Commission,pursuant to Resolution 2021-31890,approved the award of a contract to
Florida Fresh Markets Enterprises,Inc.for the management and operation of artisanal markets in Lummus Park,pursuant to
RFP 2021-151-ND.The contract authorized the activation of artisanal markets in other Miami Beach locations.
On February 1,2023,the Mayor and City Commission adopted Resolution 2023-32465 authorizing the City Manager to execute
Amendment No. 1 to the agreement between the City of Miami Beach and Florida Fresh Markets Enterprises, Inc.To add
activations in the areas of the 41" Street Commercial Corridor, Collins Park Plaza, and Normandy Fountain Plaza. The
amendment adding the three locations was executed on February 24,2023.
Subsequent to the initial activation of the concession located at the 41"Street Commercial Corridor,both parties agreed that
the original location was not optimal and agreed to relocate this concession to a nearby location within the 41"Street
Commercial Corridor that would provide higher visibility and greater community engagement. To enact this change,
Amendment 2 is required.The only action of Amendment No.2 is to formalize the agreement of the parties to relocate the
41't Street commercial corridor market location. The City Attorney's office has determined that this action is within the
authority of the City Manager(See Attachment A).
Accordingly,this item seeks the City Manager's signature on Amendment No.2 to the Agreement.
`4Renewal,Pertotlst?47 °TiotalMermtOri.ma'I�+Renewats;�Y*�
Two(2)Years Three(3),one(1)year Five(5)
NS$y 44'e.4
Grant Funded: Yes x No State Federal Other:
; `. ''. ' v• x Cost Bih,Fundln $Ounce' * .,d m+r *$, • ya* k ',";*,0144,
Year' A" n'nuat Revenue °,;tAccount?,' r r . RequiretEnhancement i;
r• . . e ; •' ,t Aa: ✓ .+Y ,s. `0'+Cz : i
1 N/A Yes x No
2 N/A _ Yes , x No
3 N/A Yes x No
4 N/A Yes x No
5 N/A 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
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
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:
. f .
rovals see attache'"d , ,,.. f :. :,�-w
Procurement:Alex Denis 3/21/2023 I _ Es'64?'
�o:o,�,aEE.00
Bwetr:t Tameka Otto __ it Sa23/2023 . o;r4n aEon Technology:
Risk Management:N/A Fleet&Facilities:N/A
Human Resources:N/A Other:N/A
FDS
5D Reviewed by Theresa Buigas
DocuSign Envelope ID:46639A2C-510B-4AAF-820A-D692E0AED180
From: Hooper.Daren
To: Pestana,Fernando
Cc: Garcia,Monica
Subject: Fresh Market Locations
Date: Wednesday,March 15,2023 9:47:33 AM
Good Morning Fernando,
Following up on our Teams discussion with Maria,the City Manager has the authority to add,
remove, and/or relocate market locations under Sections 2.2.1 and 2.3 of the Management and
Operation agreement.
Best,
MIAMIBEACH
Daren Hooper,Attorney
OFFICE OF THE CITY ATTORNEY/PROCUREMENT DEPARTMENT
1700 Convention Center Drive,Miami Beach,FL 33139
Tel:305-673-7000 ext.21202 •
http://www.miamibeachfl.gov