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LTC 063-2019 LUMMUS PARK ARTISINAL MARKET MIAMIBEA( .. 063-2019 City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY MANAGER LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of he City Co sion FROM: Jimmy L. Morales, City Manager DATE: February 1, 2019 SUBJECT: LUMMUS PARK ARTISINAL MAR T The purpose of this Letter to Commission (LTC) is to update the Mayor and City Commission regarding the weekly Lummus Park Artisanal Market produced by Metro Flea Miami, LLC. BACKGROUND In LTC 592-2018, an "Art Deco Artisan Market" was implemented by Tourism, Culture and Economic Development ("TCED"), based on the recommendation of the Mayor's Ocean Drive Task Force Report (the "Report") in 2016. Two of the twenty-nine recommendations from this report focused on arts and culture, including the desire to implement regular Lummus Park arts and crafts shows. At the March 9, 2016 City Commission meeting, the City Commission adopted a ten-point plan for Ocean Drive and specifically tasked TCED to collaborate with the Cultural Arts Council ("CAC") in the selection of a concessionaire to implement a market in Lummus Park. At the February 17, 2017 Neighborhood/Community Affairs Committee, a motion was made to recommend the Lummus Park artisanal market go to bid through a Request for Qualifications. The City Commission approved the NCAC recommendation to issue the RFQ on June 7, 2017. Following issuance of Request for Qualifications ("RFQ") 2017- 201-WG, the Commission authorized negotiations with a street market operator pursuant to Resolution No. 2017-30063. However, negotiations reached an impasse, due to the proposer's operational concerns with Lummus Park, and no further agreement was pursued. On May 14, 2018, the City issued Request for Letters of Interest ("RFLI") 2018-265-WG for operation of two street markets (Espanola Way and South of Fifth), and one artisanal market in Lummus Park. The City received three (3) bid responses; two (2) responders operated existing markets at other locations throughout the City, and the third demonstrated success with markets in other major cities. Accordingly, the Administration awarded two (2) concession agreements to the third vendor - Metro Flea Miami, LLC ("Metro Flea") to curate and produce the artisanal market in Lummus Park and a produce market in the South of Fifth community. During the launch of the markets in November, both City staff and Ocean Drive stakeholders expressed concern with the quality and appearance of the markets. To rectify, the administration discussed operational issues with Metro Flea, including inconsistent and unattractive tents, unorganized vendor display, and low quality, mass- produced products that were neither unique, nor hand made. The administration gave direction on how to improve, including higher quality tent structures, elevated weekly vendor selection, and on site management. Some of these concerns were met (new tent structures), but the administration continues to have concerns regarding the uniqueness and quality of products being sold and how they are being displayed. It is the belief of the administration that to date, the vendor has not achieved the standards desired by the City in order to elevate the character of Ocean Drive. The City has, since the market activation, received positive and negative feedback from residents and tourists. Local stakeholders on Ocean Drive would prefer that Lummus market improve the appearance, products and operation. They do not want to eliminate the Lummus market because it has attracted significant foot traffic. At the January 8th ODA meeting, the members voted to recommend scaling back the market to activate monthly instead of weekly. This recommendation appears in line with sentiments from some higher-quality vendors, that staff has surveyed at the market, who suggest that monthly scheduling is common in the industry and makes more economic and practical sense. To address the concerns of the Commission, the residents, the ODA, and the administration recommends the following: 1. Activate Market on a monthly schedule The current contract states that 15 days' notice to vendor is needed for any change in scheduling. The administration, in agreement with the Ocean Drive Association, will move to schedule the Lummus Park Artisanal Market to a once a month schedule, on the second Saturday of each month. The market will continue to operate on a weekly basis during the 15-day notice period. By limiting the market schedule to a monthly occurrence, the vendor would be able to place an improved focus on curating a higher quality selection of vendors, as per the vendor guidelines, while also being allowed more time to source vendors, without weekly fatigue. Metro Flea has made mention of the financial consequences of removing three weekly markets a month. The administration is working collaboratively with Metro Flea to identify possible revenue sources, including increasing the number of allowable vendors on site from 30 to 45, which has been approved by the Ocean Drive Association. The administration believes that if Metro Flea increases the number of vendors, while also increasing the price of each spot sold, then a similar financial position could be realized. On January 28, 2019, the administration spoke with Metro Flea and communicated the plan and expectations outlined above. Metro Flea was willing to make changes to the aesthetic set up and curation of the market but was not aligned to the change in monthly schedule. 2. Implement vendor guidelines and criteria (Attachment 1) These guidelines were developed to ensure the authenticity of products being sold, quality control of vendors, consistent aesthetics, appearance of display area and overall curatorial approach to the market. The administration directs Metro Flea to implement the site layout as per Attachment 1, while sourcing unique artisans, whose focus is on handmade goods that are not easily replenishable or mass produced. If any vendor is in question, the Tourism and Culture Department will make themselves available for oversight. It is the administration and ODA's direction that Metro Flea work towards curating the market to achieve a 20% vendor rate allocated to Fine / Visual artists, as defined in Attachment 1. 3. Ensure structured management Staff has directed Metro Flea to have a representative on site, at all times, who must wear a branded shirt for visual identification, and who can work with City Staff and Code Compliance, and that Metro Flea must have a booth dedicated solely to vendor management. 4. Send the Artisanal Market to RFP* Despite frequent communication and oversight, Metro Flea's performance has been less than satisfactory. The administration recommends that Metro Flea be given one more opportunity to achieve the above recommendations, on the first `Second Saturday' monthly activation. If Metro Flea is unable to produce an event as per the terms of this letter and supporting vendor guidelines, then the administration recommends re-bidding this contract through a competitive RFQ to allow the administration to pursue operators that can produce the desired high-quality product. *The City may cancel the existing Concession Agreement, without cause and without liability to the City, at any time during the Term, upon thirty (30) days written notice to the Concessionaire. Lummus Park Artisanal Vendor Guidelines VENDOR APPROVAL AND ELIGIBILITY Participation in the artisanal market is only for those interested in displaying their own individually-created and unique pieces of art. Preference will be given to local artisans and/or items indigenous to South Florida. The market will display ONLY high-end, original products that cannot be easily replenished. Mass produced products will not be considered. VENDOR APPROVAL PROCESS An appointment must be made with Metro Flea to review the requirements and vendor products prior to participating in the market. All vendors must meet these requirements. Except as otherwise provided herein, the artist vendor must provide the following to Metro Flea: 1. Vendor's name, mailing address, place of employment where the work of art is produced, a phone number, electronic mail (e-mail)address and website. 2. A written description or photo of the art or craft item for which the applicant seeks approval. 3. A declaration under penalty of perjury that the art for which the applicant seeks approval is of his or her own creation, and that the applicant neither employs other persons to produce, nor is employed by another person to produce the art item. 4. The vendor shall provide a copy of their State of Florida Sales and Use Tax Certificate, including the sales tax identification number. 5. The vendor shall provide representative samples of the artisanal work and produce samples of the art for which they seek a certification. The vendor shall provide further documentation that the work is authentic, including but not limited to receipts or other proof of purchase of arts or crafts or other supplies or raw materials used in creating or producing the art. 6. If feasible, Metro Flea may designate one or more of its staff to visit the vendor studio or workshop to view the applicant's facilities and to further verify that the art or craft item for which the applicant seeks certification of his own creation 7. Approval is not transferable 8. Product Samples, photographs of products and photographs of the proposed table display will be kept on file by the Market manager. Only art for which the applicant has received approval may be sold. If vendor wishes to sell additional or new products at market that are part of original application, vendor must receive written approval from Market Manager prior to bringing these products to market. 9. If the above is in question for any vendor, Metro Flea agrees to contact Brandi Reddick for final approvals. 10. Once these requirements are met, Metro Flea will issue a vendor ID, which must be displayed during market hours. VENDOR DISPLAYS For each approved vendor, Metro Flea will provide the following: Single color 10 x 10 tent with accompanying back wall and 2 side walls. Vendors shall neatly display all products and signage within the tent canopy. No product shall be displayed in any other area that the footprint of the interior of the tent. Tablecloth must be fitted to table and in good condition, with no marks, stains or tears and cover the top and all four sides of the table, to the ground, with no ability to see under the table. Tabletop displays, such as those used to display jewelry, shall be no more than 24 inches tall. Any boxes or additional product shall be stored wholly underneath the table, so that the boxes and additional product will not be visible. No boxes may be stored behind or outside the interior footprint of the tent. No art available for sale or on display may be laid on the floor, ground, sidewalk, ground level or raised landscape area, step, or other fixed public improvement. Push carts are not permitted. No lounge chairs may be used. No more than two chairs shall be permitted, but the two chairs shall not be placed in a manner that exceeds the total square footage allotted for the vending. Metro Flea will assign vendor spaces, not the vendor. A vendor may be moved at any time. HOURS OF OPERATION Set Up: One hour prior to market opening Market Hours: 9AM to 5PM inclusive. Move Out: One hour following market closing. Vendors may not leave prior to close of market and must always occupy their booth. Parking: Following load out/load in, vendor's vehicles must be removed from loading areas. No exceptions will be made. PRICE SCHEDULE Metro Flea has the right to negotiate price with each individual vendor but must be able to provide that pricing to the City of Miami Beach administration. Vendor fee may be seasonally adjusted at the discretion of the concessionaire. VENDOR REQUIREMENTS Artisan. An artisan is a person skilled in an applied art, i.e. a craftsperson who makes a high quality or distinctive product in small quantities, usually by hand or using traditional methods. Types of artforms and crafts that shall be considered include, but are not limited to, the following: Body Art, Calligraphy, Ceramics/Pottery, Collage Art, Digital Art, Drawing, Found Object Art, Glass Art: Jewelry Art, Metal Art, Mosaic Art, Paper Crafts/Origami, Painting, Photography, Poster Art, Printmaking, Rock Art, Sand Art, Sculpture, Stained Glass Art, Tapestry Art, among other art forms. To create a true artisanal market, at least 20% of the vendors selected for the Lummus Park Artisanal Market should display work in the visual arts categories, including painting, drawing, sculpture, photography, printmaking, etc. Consumable Goods and Apothecaries. Any edible crafted goods that are sold in the market should only include those products that are not readily consumable on site, or single use. The re-sale of agricultural products by farmers/growers or producers is not permitted and will be cause for immediate expulsion from market. Types of consumable goods that shall be considered include, but are not limited to, the following: Dry Pasta, Candles, Apothecaries, Balms, Soaps, Scrubs, Honey, Jams and Jellies, Lotions, Flowers, Plants. Product samples, photographs of product and photographs of the proposed table display are required by the Market Manager prior to admittance to the Lummus Park Artisanal Market. The Market Manager also reserves the right to request product samples for the purpose of assessing quality at any time during the market season. ADDITIONAL INFORMATION Sustainability- In considering artisanal crafts and goods, vendors should visit http://www.mbrisingabove.corn/, which provides information on "Plastic Free" Miami Beach and other sustainability initiatives being implemented by the City of Miami Beach. The Polystyrene (Styrofoam) restriction is strictly enforced. Certificates/Licenses/Permits- All products must comply with local, state, and/or federal health ordinances and the farmer/growers and producers. It is the responsibility of all market vendors to pay sales tax on applicable items. Vendor should be in compliance applicable licenses and inspection numbers required for the operation of your business and/or sale of your products, and any other license, registration, certification, or permit required by local, state, or federal law. IMPORTANT CONTACTS Manager: James LaMorte, Metro Flea iames(a�metroflea.miami 305-906-1287 READ AND ACCEPTED BY: Print Name Sign Name Date