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Res No 189-11-13503RESOLUTION NO. 189-11-13503 A resolution authorizing the City Manager to amend and renew an agreement with Earth Learning, Inc. to operate farmer's market within the City for a one year period. WHEREAS, the City Commission desires to establish a farmer's market within the City to enable its residents to purchase fresh produce and other related items; and WHEREAS, the City sought proposals from vendors to operate a farmer's market within the City and Earth Learning, Inc. submitted the most favorable proposal; and WHEREAS, the City desires to amend the existing farmer's market agreement to address numerous issues, including but limited to, City Hall bathroom use, signage, location of market, insurance; and WHEREAS, the Farmers Market agreement has a one -year term with the option of annual renewal, at the will of the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manger shall execute the attached amended farmer's market agreement with Earth Learning Inc. to operate a farmer's market within the City for a one year period. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 st , day ofNovember2011. ATTEST: PTTV PT rDTY Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea FARMER'S MARKET AGREEMENT This Agreement is entered into on thing day ofl pLTl between the City of South Miami, a municipal corporation ( "City ") and Earth Learning, Inc. ("Earth Learning "), collectively referred to as the Parties ( "Parties ") WHEREAS, the City is desirous of having an open air farmer's market ( "Market "); and WHEREAS, the City desires to engage and retain the services of EARTH LEARNING to develop, establish, and manage the Market at City Hall, 6130 Sunset Drive, South Miami, FL 33143; THEREFORE the parties hereby agree to the following terms and conditions: 1. EARTH LEARNING shall develop, produce, and manage the Market and recruit vendors. 2. The Market days shall be Saturday of each week and the Market's hours of operation shall be from 9:00 a.m: until 2:00 p.m. The Market shall commence setting up for business no earlier than 7:00 a.m. and the entire Market, including, but not limited to, all merchandise, tables, chairs, tents and debris shall be removed from the Market location no later than 3:00 p.m. of each market day. EARTH LEARNING shall leave the site and the Market area in clean condition and the market site shall be returned to its original condition as it was found at7:00 a.m. of that same day. 3. EARTH LEARNING may provide port a- toilets, or use the bathrooms at City Hall, provided it makes arrangements, a week in advance of such use, with the City Manager and pay for the cost of the maintenance of the bathrooms at City Hall and it shall hire an off duty City police officer to patrol the inside of City Hall during such use or find some other alternative means of providing such facilities. If EARTH LEARNING chooses not to pay for the cost of using the City Hall bathrooms, these facilities shall be off limits to the Market, its vendors and customers. If the Market chooses to provide for the temporary installation of port-a- toilets, the location shall be designated by the City Manager and the port-a- toilets shall be in place and operational by 7:00 am. on Saturday and the port-a- toilets shall be removed by 3:00 p.m. 4. EARTH LEARNING shall pay the City $25.00 each month to reimburse the City for the use of the City's electricity, water, and associated administrative overhead. 5. EARTH LEARNING shall comply with the City's insurance requirements that are enumerated on the attached Exhibit A and it shall sign the City's indemnification agreement in the same form as is required for special events. EARTH LEARNING shall comply with all safety requirements that are dictated by the City Manager or the City's Human Resource Director. 6. EARTH LEARNING may place two temporary signs advertising the market provided the signs and their placement are approved by the City Manager, the City's Planning and Zoning Department and its Public Works Departments. The signs shall be provided by EARTH LEARNING at its own expense and shall be set in place by the operator every week during market hours provided the location and the manner of their placement does not harm City property and provided it is approved by the City's Planning and Zoning Department and its Public Works Departments. The signs shall not be erected unless their temporary installation can be accomplished *without causing the City to incur any direct expense. 7. EARTH LEARNING shall provide the City with ten (10) spots for citizens and/or employees for any training conducted by EARTH LEARNING, assuming that it has 35 or more slots available. 8. The City resolves to provide advertising and to support the Market in the following manner, provided it does not cause the City to make any direct payment to anyone and provided the indirect cost to the City is de minimus: a. The City shall allow the installation of a banner, advertising the market, to span Sunset Drive east of US 1 for a period of one month, during the summer, commencing on June 1 and one month, during the fall, commencing on November 1, provided the location and the manner of placement of the banner is approved by the City Manager, the City's Planning and Zoning Department and its"Public Works Departments. The City shall also allow the installation of a banner over Sunset Drive at 5995 Sunset Drive during the period February 16`h through March 2 in order to promote the Market. EARTH LEARNING shall provide the banner and reimburse the City for the staff costs for erecting and taking down the banners. b. The City shall list the weekly market on the calendar of events on the City's webpage. c. From June 1, 2012 through September 30, 2012, during market hours, the market may close the driveway /parking area that runs from the street entrance to City Hall, nearest the library, to the rear of City Hall and that is between City Hall and the library, for placement of market stall ( "the Summer Market Site "). The Summer Market Site is limited to the driveway and parking area, as defined by the hash marked area depicted in the sketch of an aerial view of City Hall that is attached as Exhibit B -1 to this Agreement. This space shall not include the driveway and parking spaces on the library side of this parking area. From June 1, 2012 through September 30, 2012, the City shall forgive lost revenue on the nine parking meters located in the Summer Market Site for the time on Saturdays when the market occupies the driveway and parking spaces in question. d. EARTH LEARNING shall erect a wooden barricade, to the satisfaction of the City Manager, to block traffic from entering the Summer Market Site, at either end of the driveway /parking area occupied by the Markel. Neither the market nor the barricade shall block, to any degree, the passage of vehicles moving along the library side of the parking area from the rear of City Hall to Sunset Drive. e. From 4ctoberl, 2011 through May 31, 2012, the market shall only occupy the An veway and parking spaces adjacent to side entrance to City Hall and the front entrance to the ( . Sylva Martin Building that face Sunset Drive ( "Winter Market Site "). " The Winter Markei Site is marked with hash marks on Exhibit B -2. EARTH LEARNING shall erect a wooden barricade, to the satisfaction -of the City Manager, at either end of the driveway and parking area designated for the Winter Market Site as marked on Exhibit B -2. f. City shall provide the Market with the following: e Pre - approved permit(s) for large tents, if needed; Access to ext6mal water and:electricity, provided it does not require any' - modifications to the existing locations; At the City's discretion it may provide certain marketing and/or advertising. • Recycling and garbage bins and access to dumpster, should the dumpster become overflowed due to the Market's use it is the responsibility of EARTH LEARNING to acquire additional dumpsters to satisfy the additional utilization. 9.Market Management: The management of the Market is the responsibility of EARTH LEARNING who shall employ a Market Manager who will be responsible for the day -to -day operation of the Market. EARTH LEARNING is responsible for monitoring the Market Manager's performance and has sole discretion in the hiring, retention, and termination the Market Manager. EARTH LEARNING is responsible for all actions taken and decisions made by the Market Manager. 10. Vendors: EARTH LEARNING may provide the following vendors, which shall include locally produced sustainably -grown fruits, vegetables, and value -added food products (at least 2 year - round, with additional value -added food products during the vegetable growing season): a. Prepared food vendors (minimum of four [4]) b. Local artisans and sustainably- produced crafts (minimum of six [6]) c. Native and edible plant supplies and services (minimum of one [1]) d. Green/appropriate technology vendors (minimum of one [1]) e. Community- based/educational organizations (minimum of two [2]) f. City Green Task Force presence (at the discretion of the City; one [1] tent) g. City residents: back yard fruits and vegetables, local food vendors, neighborhood initiatives (one [1] tent at no cost to the city) 11. Permitted market items: Fresh produce, plant items, flowers, baked goods, jellies, jams, preserves, and other noncommercial food items, described below, may be sold. Cooking and food preparation (as described below as "Prepared foods ") will be allowed on -site but must conform to all applicable laws and regulations. Artisan crafts (as described below) and green products and services may be allowed at the sole discretion of EARTH LEARNING. Displays of public interest, such as nutritional, health or consumer information, may be displayed at the sole discretion of EARTH LEARNING. A. Fruits, vegetables, mushrooms, flowers, value - added: 1) Very local (25 miles), organically grown; 2) Local (150 miles), organically grown; 3) Southeast U.S.,. organically grown; 4) Local (150 miles) conventionally grown (non GMO). B. Artisan Crafts: 1) Local, hand -made with sustainably harvested raw materials; 2) Other locals hand -made items with sustainably harvested raw materials; C. Prepared foods: 1) Use local, organically -grown produce, meats, and dairy products (non - factory - farmed); 2) Use .organically -grown produce, meats, and dairy products (non - factory- farmed); 3) Use conventional produce meats, and' dairy products (non - factory- farmed). 12. Procedure: All policies and procedures will be submitted to and approved by the City Manager fifteen (15) days prior to the Market's commencement. Any modifications to the policies must be submitted to and approved by the City Manager fifteen (15) days prior to its effect. All Market Vendor Agreements shall conform to this Agreement whenever possible. 13. Market fees: The fees are set forth in the fee schedule that has been marked as Appendix 1 and attached to this Agreement. 14. Sales tag collection: EARTH LEARNING shall ensure that all vendors conducting business in the Market are informed that the vendors are responsible for their own sales tax collection and submission to the State of Florida. 15. Display prices, licenses, product inspections, weights, measures, and pesticides rules: EARTH LEARNING is solely responsible for developing and writing policies related to display of prices, licenses, products inspection certificates, weights, measures, and pesticide disclosures. EARTH LEARNING shall provide each vendor with a copy of the policies prior to the vendor commencing work at the Market. Vendors are required and responsible for obtaining and properly displaying all permits required by Federal, State, County, and City laws. EARTH LEARNING is required to ensure that all vendors are properly licensed, and all information properly displayed as required by law. 16. Reporting of accident: EARTH LEARNING shall develop and apply a Standard Operating Procedure requiring vendors to report any and all injury or damage that occurs at the Market to the Market Manager. The Market Manager shall compile an accident report log and submit a copy of the log to the City Manager's Office within 3 working days after an injury or damage has occurred. If no incidents or accidents occurred a negative report shall be delivered to the City Manager's office three (3) days following the end of each Market weekend. Each log must be signed by the Market Manager stipulating that he/she reviewed the log. 17. Prohibited activities: Any activity not specifically authorized by this agreement is not authorized. Should EARTH LEARNING wish to add an activity that is not specifically included in this agreement, then a letter describing the activity must be submitted to the City Manager for approval. The City Manager is the sole authorized representative of the City that may approve or deny any additional activity for the Market. _ 18. Violations by vendors: It shall be the responsibility of EARTH LEARNING to address any and all violations of this agreement by vendors. It is the sole responsibility of EARTH LEARNING to deal with vendor(s) who are in violation of EARTH LEARNING policies and procedures. EARTH LEARNING is responsible for enforcing the Market rules and it is the responsibility of EARTH LEARNING to ensure that vendors abide by the approved rules. 19. Live animals: The sale of live animals is expressly prohibited. Animals may be brought to the market on occasion for educational purposes and any pet that is brought to the market must be on a leash or properly carried in a specialized pet container or transporter. 20. Vendor parking: All vendor trucks and/or trailers must be unloaded and parked off -site before the Market opens. Vendors are responsible for finding and paying for their own parking. 21. Investments in infrastructure: The City, at its sole discretion, may develop the Market as a premier South Florida green event and destination. EARTH LEARNING shall diligently seek to develop a Market infrastructure with outside funding. EARTH LEARNING shall collaborate with the City to find investors for needed Market infrastructure including a stage, bathroom facilities, utilities hook -up and large tents for vendors. ' - 22. Programming: EARTH LEARNING, in collaboration with the City and the Green Task Force, will develop programming in order to build community awareness by engaging audiences in workshops, dialog, healing arts, and participatory activities. EARTH LEARNING will meet with the Green Task Force regularly for coordination: EARTH LEARNING understands that the Green Task Force is an advisory committee and that it does not have any authority to approve or deny any modification to this agreement. 23. Advertising: EARTH LEARNING will explore the development of an online social networking site with the City in order to build further community awareness of the Market as well as other potential EARTH LEARNING /City collaborative initiatives. 24. Agreement Termination: Either party may terminate this agreement with 60 days written notice. 25. Notice: Any notice, demand, offer or other written instrument required or permitted to be given, made or sent (hereinafter referred-to as "Notice") shall be in- writing; signed by the party- giviiig or making it and shall be sent by facsimile transmission, e- mail, courier, Federal Express, and any other means that provides for proof of delivery. The Notice shall be sent to the facsimile telephone number, e- mail address, street address or post office box as set forth herein below and hereinafter referred to as a "Party's Address" for the purposes of this paragraph. Refusal to accept delivery or failure to pick -up a Notice within ten (10) after the first notification by the delivery service is sent ("First Notification"), shall be construed as receipt of same. The parties shall have the right to change the place to which the Notice shall be sent to them by giving Notice as required for all other Notices and sent to all of the parties to this Agreement. The date of delivery of the Notice, the date of refusal to accept delivery or the date following 10 days from the date of First Notification shall be deemed to be the date of the offer, demand, notice or other writing for the purpose of enforcing this Agreement and it shall be effective from that date. To City: Hector Mirabile, Ph. D. (or the then current manager) 6130 Sunset Drive South Miami, FL 33143 -5093 With a copy to: Thomas F. Pepe, Esq. (or the ten current City Attorney) 6130 Sunset Drive South Miami, FL 33143 -5093 Maria M. Menendez, CMC (or the then current City Clerk) 6130 Sunset Drive South Miami, FL 33143 -5093 To Earth Learning, Inc.: Mario Yanez, Director (or the then current Director) 5825 SW 68'' Street South Miami, FL 33143 26. Amendment: No amendment or modification of this Agreement shall be valid unless in writing and duly executed by the parties affected by the amendment or modification. 27. Waiver: Any waiver of any breach of any provision of this Agreement or changes to this agreement by either party must be made in written form, signed by both parties, and shall not be considered as or constitute a continuing waiver of any other breach of the same or similar matter or any other provision of this Agreement. 28. Severability: In the event that any portion of this Agreement is illegal or unenforceable, it shall affect no other provisions of this Agreement, and the remainder of this Agreement shall be valid and enforceable in accordance with its terms. 29. Assignment: Neither this Agreement nor any rights under this Agreement may be assigned by either party. 30. Record .Keeping: EARTH LEARNING shall maintain accurate and complete records detailing all parking fees collected, parking violations issued, parking enforcement, staff hours and claims arising out of its performance of this Agreement including the basis therefore and the amount thereof. EARTH LEARNING shall provide copies of all such records to the CITY at the end of each fiscal year and shall allow the CITY and its representatives to examine, review and audit any and all such records, books, and other documents upon request at any time during the period commencing with the execution of this Agreement and ending two (2) years following the expiration or termination of this Agreement. 31. Time of the Essence: Time shall be of the essence with regard to all action to be taken under the terms of this Agreement and no extension of time shall be allowed unless the extension 'of time is provided for in a writing signed by the City. 32. No Remedy Exclusive: No remedy conferred upon or reserved to any parry hereto, or existing at Iaw or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof. but any such right and power may be exercised from time to time as often as may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. 33. Restriction on Modification: This agreement contains the entire agreement of the parties and no modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement in general and this paragraph in particular, shall not be modified, amended or waived except in writing signed by both parties. This agreement shall be binding upon the heirs, guardians, personal representatives and assigns of both of the parties. 34. 'Waiver: No act or omission or verbal representation or statement shall be treated as an expressed or implied waiver and all waivers shall be in writing signed by the party who is alleged to have waived any of the terms and/or conditions of this Agreement. This Agreement contains the entire understanding of the parties and no modification or amendment of any terms or provisions of this Agreement shall be valid or binding unless it complies with this paragraph. This Agreement in general and this paragraph in particular, shall not be modified, amended or waived except in writing signed by both parties. The waiver of any breach or default of any of the terms of this Agreement shall not act as a waiver of any subsequent breach or default. 35. Waiver of Jury Trial: The parties to this Agreement knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Agreement. 36. Law to be Applied and Venue: This agreement shall be subject to and shall be construed under the laws of the State of Florida and in the event that this agreement is enforced, it shall be enforced by a court of competent jurisdiction in Miami -Dade County, Florida_ 37. Validity of Executed Copies: - This agreement maybe executed in several counterparts; .. each of which may be construed as an original. 38. Rules of interpretation: Throughout this agreement the male pronoun maybe substituted for female and neuter and the singular words substituted for plural and plural words substituted for / singular wherever applicable. C 39. Restriction on Corporate Purchase of Stock: EARTH LEARNING shall not have a right to change its majority stock owners without the approval of the City or the termination of this Agreement. 40. Third Parties: Nothing contained herein shall indicate intent to benefit any third persons who are not signatories to this Agreement. 41. Severability: If any provision of this agreement is illegal, invalid or against public policy, the remainder of this agreement shall not be- affected- thereby and-shall-remaiii in full force and effect. 42. Limitation on Headings: Any heading preceding the text of the paragraphs of this agreement are inserted solely for the convenience of reference and shall not constitute a part of this agreement nor shall they affect its meaning, construction or effect. 43. Attorney's Fees: In the event that any legal action or arbitration is necessary to enforce any of the provisions of this agreement, then and in that event, the prevailing party shall have the right to recover reasonable attorney's fees and costs incurred and said fee shall be assessed against the non- prevailing party.. Attorney's fees shall be determined by the judge who has jurisdiction over the arbitration or litigation and shall be taxed at a post trial motion. The term legal action shall include all appellate review. .. 44. Effective Date:. The parties agree.that this Agreement shall._take. effect on.the date first__... above written. i IN WITNESS WHEREOF, the parties have hereinafter set their ha#d and seals on the date set forth herein below, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. WITNESSES SignaWre: Name: Title: ATTEST: O)R- ER: CITY OF SOUTH MIAMI Signature: e: 7 Maria M. Menendez, CMC Ilector Mirabil , PhD City Clerk City Manager READ AND APPRO AS TO FORM LANGUAGE, L I AND EXECU THEREOF: j CrryAnoRmy NO i INSURANCE REQUIREMENTS 1.0 EARTH LEARNING shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the state of Florida as will protect EARTH LEARNING from claims as set forth in this document which may arise out of or result from EARTH LEARNING's operations under the Agreement and for which EARTH LEARNING may be legally liable, whether such operations be by EARTH LEARNING, a vendor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. EARTH LEARNING shall provide and maintain in force for the duration of the Market Agreement the insurance coverage for the types of claims set forth below: 1.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 1.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of EARTH LEARNING's employees; 1.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than EARTH LEARNING's employees; 1.0.4 claims for damages insured by usual personal injury liability coverage; 1.0.5 claims for damages, other than to the Market itself, because of injury to or destruction of tangible property, including loss of use resulting there from; 1.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 1.0.7 claims for bodily injury or property damage arising out of completed operations; and 1.0.8 claims involving contractual liability insurance applicable to EARTH LEARNING's obligations under the Agreement. C 1.1 Liability Insurance: EARTH LEARNING shall provide and maintain in force for the duration of the Market Agreement the insurance coverage set forth below: 1.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. EARTH LEARNING shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1. 1.2 Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and $2,000,000.00 in the aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office; and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/,or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage C (f) Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with ir nimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.2 Business Automobile Liability. EARTH LEARNING shall provide and maintain in force for the duration of the Market Agreement the insurance coverage with minimum limits of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non - Ownership. 1.3 Before starting the Market, EARTH LEARNING shall file with the CITY a copy of the policies as well as certificates of such insurance, acceptable to the CITY, the name, address and telephone number of the insurance agent or broker through whom the policy was obtained; these certificates shall contain a provision that the coverage afforded under the policies shall not be canceled or materially changed until at least thirty (30) days prior written notice has been given by the insurer the CITY by certified mail. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. EARTH LEARNING agrees that if any part of the workings of the Market under the Agreement is sublet with the consent of the City or pursuant to the Agreement, the subcontract shall contain the same insurance provision as set forth in section 1.1 and 1.2 above substituting the word Subcontractor for the word EARTH LEARNING where applicable. South i f 1 West Parking b m w Fast Exhibit B -1 North C n,.dry tD a rt Parking N b m w Fast Exhibit B -1 North C 'obVVest Parking o �� _ t I�MI A �D Parking N e o a is 3 . R� South City Hall Parking East EXHIBIT 13-2 North Market Vendor Agreement The South Miami Farmers' Market (the Market) is operated by Earth Learning (www.earthlearning.org) in collaboration with the City South Miami and the Green Task Force. The Market is focused on building community and promoting sustainability. All persons selling products, services, or setting up displays in the Market are considered vendors and shall abide by this Market Agreement which may be amended from time to time. 1. flours and Days of Operation: The South Miami Farmers' Market will be open, rain or shine, on Saturdays from 9 am to 2pm, year round, starting December 4, 2010, except for holidays. Vendors may call the Market Manager regarding Market closure due to exceptionally inclement weather. Vendors shall be credited for fees paid if inclement weather causes cancellation of a Market day. 2. Set Up and Breakdown: Set-up starts at 7:00 am and must be completed by 9:00 am. Vendors will work with Earth Learning to ensure a zero waste event.: Vendors are responsible for sustainably gleaning, recycling, and their ensuring stall space areas are clean and free of any materials, Earth Learning will pick up all compostable materials and reuse them to build soil on food producing farms and gardens. Stall spaces are to be left in the same condition as when rented. Breakdown starts at 2:00 pm and must be completed, and stalls vacated, by 3:00 pm. Vendors are required to set up at least 30 minutes before opening and are encouraged to stay until closing and assist with take -down. Any vendor planning to leave early should notify the Market Manager ahead of time. Parking is limited. 3. Permit Display: All vendors must display their permit pass in order to occupy a stall site. Permits shall remain on display during Market hours. 4. Vehicles and Product Display: Vehicles shall not be utilized as a display or dispensing area forMarket goods unless it is a refrigerated unit for perishable items. No vehicle may remain running during Market hours other than for purposes of refrigeration of product. The use of canopies, awning and sun - umbrellas are encouraged. 5. Permitted Market items: Fresh produce, plant items, flowers, baked goods, jellies, jams, preserves, and other non - commercial food items may be sold. Cooking and food preparation will be allowed on -site. Hand -made crafts and Green products and services will be allowed. The Market Manager will resolve any doubt as to the suitability of an item. Displays of public interest, such as nutritional, health or consumer information, may be displayed with the Permission of the Market Manager. 6. Location: The market is located in the City of South Miami Municipal Building parking lot, on 6130 Sunset Drive in downtown South Miami. Vendors are required to obtain of -site parking. Restrooms will be made available. 7. Market Manager: The Market Manager will be hired by Earth Learning and will be onsite during the hours of set up, operation, and take down. Any questions or issues that arise during this period will be resolved by the Market Manager or, at Managers' discretion, referred to Earth Learning and/or the City of South Miami Green Task Force. S. Market Fees: a. Ten -foot x ten -foot (101x10') stall spaces: i. Prepared Foods: $75 per Market day ii. Artisans/Green Technology/Healing Arts: 1. $50 per Market day for for -profit 2. $25 per Market day for community groups b. Exhibitors 6' Tables (non- profit & community groups with no vending or fundraising): $10 per Market Day c. The Stand (Central tent for Local Farm Products): 5150 per Market day. Seasonal and annual rates are available. Vendors paying on a per Market day basis must pay their fee by 5:00 pm on the Thursday preceding Market day and pick up their display permit Market morning. Fees should be paid via PayPal on the Market website ( wwnv.southmiamiffirmersmarketcom ) cash made Earth Learning note S1V FM." Payment guarantees a reserved space in the market If a vendor cannot attend a market for which payment has been made, cancellation made 48 hours iii advance (by 9am the Thursday morning before the Market) will transfer the paid funds to the next market date. If cancellation is not made at least 48 hours before the opening of the Market, the funds will be forfeited_ Vendors who do not pay in advance but choose to come and obtain an unreserved space will pay prior to set up and will be assigned a space on a first come, first served basis, determined by the number of spaces available. In cases where a dispute arises between vendors over the availability of spaces, the Market Manager will make a final decision regarding the assignment of spaces. Payment on.a seasonal fee basis must be made prior to the first Market day of the'Market season, as announced by the Market Manager. Seasonal fees may be pro -rated for vendors seeking to rent exhibit space after the Market season has commenced at the discretion of the Market Manager. No reimbursement will be made for fees paid if a vendor decides to no longer participate at the Market The Market Manager shall consider reimbursement in case of illness or death. Vendors may call the Market at 123 -456 -7899 concerning Market closure due to inclement weather. Vendors shall be credited for fees paid if inclement weather causes cancellation of a Market day. 9. Sales Tax: All vendors are responsible for collecting their own sales tax for products and services sold at the Market 10. Food Justice/Accessibility: It is the policy of the Market to be welcoming and economically accessible to all members of our community. SNAP/Food Stamps will be accepted at an exchange rate determined by Earth Learning, the City of South Miami, and available funding. Vendors will coordinate with the Market Manager regarding SNAP procedures for all qualifying products sold at the Market. 11. Sustainabiiity: First and foremost; the Farmers' Market is an example to all who participate of how a community event can be delivered in a comprehensively thoughtful way, while eliminating or greatly diminishing any negative ecological impact that: In an ekort to make the Farmers' Market as ecologically sustainable as possible, we will require • All food vendors make a substantial effort to provide healthy foods, local, and sustainably grown foods wherever possible and always use biodegradable or reuseable plates, cups, and utensils; • All artisan vendors' products/services should be local in origin (when available), minimize /eliminate packaging, not cause exploitation of humans, animals or natural habitats, not be made with toxic materials, and harvested or produced in an ecologically and socially responsible manner • Absolutely no hand -outs paper or sample will be allowed for vendors without the express pre approval from Market Manager. 12. Vendor Spaces: If a vendor misses two market days without notice his assigned space will be forfeited 13. Vendor Display Area: Vendors will be notified if they have space under covered tents provided by the Market or if they will need to fiunish their own tents. Vendors must provide their own tables, cloths, carts, chairs, displays, brooms, and trash cans. Individual vendor tents must be white and 10' x 10', and must be weighted down to prevent wind disturbance. Safety is essential. All vendors are required to ensure that their canopies are sufficiently and safely anchored to the ground, with no less than 24 lbs anchoring each canopy leg to the ground. Any vendor who fails to properly anchor his or her canopy will not be allowed to sell at the Market on that day, unless they choose to take down and stow their canopy. 14. Electricity: Vendors who need electricity must submit a request to the _-Market Manager along with their payment for the week, 48 hours prior to the Market opening. There is a limited amount of electricity-available. Vendors must provide heavy -duty, grounded cords and a heavy -duty, grounded connector. Cords exposed in footpaths or areas of vehicular traffic must be covered with appropriate plastic heavy -duty covers. 15. Vendor Behavior: All vendors must dress appropriately for a family market setting. No consumption of alcoholic beverages, tobacco or recreational drug use is permitted on the Market premises, which is the property of the City of South Miami. No sale or display of pornographic materials is permitted. The use of profanity, loud, rude, disruptive or threatening behavior, or loud music by any vendor or participant in the market is strictly prohibited. The carrying of weapon(s), possession of any item defined as a weapon, whether illegal or not is strictly prohibited. This provision shall be amended if it is determined that it violates Florida Statutes. Vendor tables must be staffed at all times. 16. Vender Clean -Up: Vendors -are responsible for removal of all trash related to their stand. The Market is a zero- waste, sustainable event making all effoits to minimize or eliminate waste going to landfills. Compostable materials and recyclable plastic, paper, atid metals will be collected by the Market. Vendors are advised to bring their own4mh receptacle for all non compostable, non - recyclable trash. 17. Vendor Application Procedure: Vendors must submit one application for the Market. Applications will be reviewed by Earth Learning and the South Miami Green Task Force. Once accepted, vendors will be required to make payments at least 48 hours prior to each Market day. 18. Signage: Each vendor is responsible for their own signs advertising their products and pricing. Each vendor shall display all required licensing and certifications for their products. 19.'State Sales Tax and Food Handling: Permits Vendors are responsible for obtaining and displaying all permits required by State or County agencies for the sale of their products. Copies of permits and licenses must be provided to the Market Manager with vendor applications. If a vendor does not follow state guidelines for food handling, they will not be permitted to participate in the Market. 20. Parking: Following loading/unloading, vendors' vehicles must be removed from the loading/unloading area. Off -site parking will be the responsibility of vendors, and must not interfere with customer parking. 21. Agreement with Adjacent Businesses: If a neighboring merchant business files a complaint with the City of South Miami about a particular vendor selling products that interfere with their business, the City and Earth Learning may ask a vendor to no longer participate in the Market. 22. Insurance: Earth Learning has insurance in accordance with its Agreement with the City and pursuant to permit requirements with the City of South Miami. This insurance protects Earth Learning and the City of South Miami. Vendors should carry their own general liability insurance which covers property damage, personal 'injury and product liability. 23. Enforcement of Agreement: The Market Manager is responsible for enforcing the Market Agreements. Possible violations will be discussed and resolution attempted. Vendors selling prohibited items will be asked to remove those items from sale or leave the Market. Unresolved problems will be referred to the Market Operator /Committee. Continued violations will result in being banned from the Market with no reimbursement of fees paid. Any vendor challenging another vendor's produers legitimacy or conduct must file a written complaint with the Market Manager, giving the name of the vendor and the product or situation they feel may not be in compliance with Market policies. The complainant must date and sign their name to the complaint and the Market Manager will attempt resolution. If resolution is not possible, the complaint will be referred to the Market Board. I the undersigned Vendor understand and accept the conditions set forth in these Market Agreements. South Miami CITY OF SOUTH MIAMI ' IIIF OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, Ph.D., City Manager ` Date: November I, 2011 Agenda Item No.: V A resolution authorizing the City Manager to amend and renew an Subject: agreement with Earth Learning, Inc. to operate farmer's market within the City for a one year period. In November 2010, the City Commission authorized the City Manager to execute an agreement with Earth Learning, Inc. to establish a farmer's market within the City to enable its residents to purchase fresh produce and other related items. The City sought proposals from vendors to operate a farmer's market within the City and Earth Learning, Inc. submitted the most favorable proposal. The City desires to amend the Background: existing farmer's market agreement to address numerous issues, including but limited to, City Hall bathroom use, signage, location of market, and insurance. The Farmers Market agreement has a one -year term with the option of annual renewal, at the will of the City Commission. Expense: $0 Account:. Farmer's Market Agreement Market Vendor Agreement Attachments: Resolution 250-10-13294 Resolution 39 -11 -13353 Resolution 89-11-13403 RESOLUTION NO. 250-10-13284 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to execute an agreement with Earth Learning, Inc. to establish and operate a farmer's market within the City; and providing an effective date. WHEREAS, the City Commission; desires to establish a farmer's market within the city to enable its residents to purchase fresh produce and other related items; and WHEREAS, the City sought proposals from vendors to operate a farmer's market within the City and Earth Learning, Inc. submitted the most favorable proposal; and WHEREAS, the City received an Administrative Grant in the amount of $10,000, for the South Miami Farmer's Market project. `"WHEREAS, the City will issue a cheek to Earth Learning in the amount of $10,000 and they will allocate the funds as stated on their letter dated November 22, 2010. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager shall execute an agreement with Earth Learning Inc. to establish and operate a farmer's market within the City. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24 day of Nov. , 2010. ATTEST: APPROVED: i 1 � �1 '1 .1,1.I COMMISSION VOTE: 3 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: absent Commissioner Beasley: absent Commissioner Harris: Yea FAMMMA:0 CITY ATTORNEY Additions shown by underlinin and deletions shown by eveFsWkiag. South Miami �u nmac�ru CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Hector Mirabile, PhD, City Manager From: Alfredo Riverol, CPA, Cr.FA, Chief Finan ial Officer Date: November 23, 2010 Agenda Item No.:_____ A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to execute an agreement with Earth Subject: Learning, Inc. to establish and operate a farmer's market within the City; and providing an effective date. The City Commission desires to establish a farmer's market within the city to enable its residents to purchase fresh produce and other related items. The City sought proposals from vendors to operate a farmer's market within the City and Background: Earth Learning, Inc. submitted the most favorable proposal. The City received an Administrative Grant in the amount of $10,000, for the South Miami Farmer's Market project. The City will issue a check to Earth Learning in the amount of $10,000 and they will allocate the fiends as stated on their letter dated November 22, 2010. • Resolution 220 -10 -13254 (negotiating an agreement with Earth Learning Backup Inc.) Documentation: ' Letter approving the Administrative Grant. • Special event permit application packet. • Letter from Earth Learning Inc. MarioYapw As always it is a pleasure working with you. raea�& Ebna Naml° co�anor Alfredo Riveral oo11abda9wthatasves Finance Director pwpie vmWres, p , City of South Miami soardoEO'eeaors Via email Varffm. on � S=WWO V MararsAPT Dion Taybr November 22, 2010 area sahmrgewtawl, Director Eduardochwu Dear Alfredo, } am writing you this letter to assure you that Earth Learning will take responsibility for carrying Dma ck out the Health Foundation of South Florida grant. We will spend the $10,000 as follows: Auft~ Advertising $2,000 ;. Tents $3,200; Supplies $800; and Nutrition Education and,SNAP Incentives Joyce wwedettoColton $4,0Q0• xeoro,6d�r(a�) . Ad,�+xr«�:n�tvo�ecoc�e We will comply with all the grant objectives, keep records, report back to you on our progress, and complete the year -end report to the foundation. 8201 SW.99 Court; Miami, l L 33173 0 305 323 -8858 t 0 305 596 -7566 f Email: MarloOearth- learning org 0 bttW:,Jjearth- learning org As always it is a pleasure working with you. EorthLearnlng, aSMS nornprafit agar&at!w,isa oo11abda9wthatasves Regards, pwpie vmWres, p , andacavNesftough ewbdcW feanft eper3emes � Ou-mwMistocaU47e thatraWOoa towarda Mario Yanez area sahmrgewtawl, Director tta BW, � Earth Learning 8201 SW.99 Court; Miami, l L 33173 0 305 323 -8858 t 0 305 596 -7566 f Email: MarloOearth- learning org 0 bttW:,Jjearth- learning org ResolutionNo. 2 20 -10 -132 5 4 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to negotiate an agreement with Earth Leanaing, inc., to establish and operate a fa_r men's market within the City; and providing for an effective date. Whereas, the City. Commission desires to establish a farmer's market within the city to enable its residents to purchase fresh produce and other related 'items, and Whereas, the City sought proposals from vendors to operate a farmer's market within the city and Earth Leanving, Inc., submitted the most favorable proposal. Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami, Florida: Section 1. The City Manager shall negotiate an agreement with. Earth Learning, Inc., to establish and operate a farmer's market within the City. Once the proposed agreement is negotiated it shall brought before the City Commission for its consideration. Section 2. This Resolution shall take effect upon adoption. PASSED AND ADOPTED this October 5 , 2010. ATTEST: 0Gam:. - / CITY CLEx� � READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea 2 South Biscayne Boulevard, Suite 1710, Miami, Florida 33131 t:305.374.7200 f.,3.05-374-7003 0 1 EALTH FOUNDATION �,. of south florlda October 7, 2010 Mr. Patrick Dulcio Acting Grant Administrator City of South Miami 6130 Sunset Drive South Miami, Ft 33143 Dear Mr. Dulcio: We are pleased to advise you that an Administrative Grant in the amount of $10,000 has been approved, and a check for that amount is enclosed. These funds are towards the project: South Miami farmers'Market. By endorsing and. depositing this check, you warrant that there has been no change in your I.R.S. tax classification as an organization described in Internal Revenue Service Code sections 501(c)(3) and 509(a)(1), (2), or (3). You also agree to provide Health Foundation with a final report upon completion of the project. A guideline for electronic submission of final reports can be found on the Foundation's Web site: www.hfsf.orci, under Grad Toolbox In addition, the success of your HFSF grants results need to be told not only in facts but in the stories of the clients served. City of South Miami is encouraged to provide at least two stories of individuals who have benefited from the grant and have given permission for public dissemination. We extend our best wishes to you for continued success. It is a pleasure to be amo,ag`yo'Vr supporters. Peter N. Wood Vice- President of Programs and Community Investments C: Steven E. Marcus, Ed.D, PresidenVCEO 80ARD OF DIRECTORS Karen Gfhnore Chairwoman Divina Grossman, Ph.D. Vice -Chairwoman Secretary Omar Pasaiodos, M.D. MEMBERS Richard &Adams, Jr Esq. Noreen M. Chant Sheldon D. Dagen, CPA James Eckhart, Esq. Arthur Finkle, CLti Philip Grossman, M.D. FACP, FACG Charles M. Hood, III Susan Kelley_ Richard Lavina Ana Mederos Roymi V. Memisiela Claudia Mg Stanley Morton, M.D. STAFF Steven E. Marcus, Ed.l?. President & CEO Kathy.L Amleau, CPA Chief Financial Officer &Treasurer Shari L Gantman Vice President of Communications Karen Miller, MSW, MPA Program Officer & Senior Grants Manager Janisse Schoepp, MPH Program officer & Senior Research Analyst Peter N. Wood, MPA Vice President of Programs & Community Investments www.hfsf.org www.healthyagingsforg ,M ty of SOU th.miami, Special Event Permits Application Packet, Parks & Recreation Department 5800 SW 66 Street South Miami, Florida 33143 305- 663 -6319 PACKETINDEX. Within this packet, please find the following information for your review and signature: Special Events Guidel ine -------------------------------------=--------------------------------------- - - - - -- Ig Departmental Contract ---------------------------------------------.------------------------------------- - - - - -- V Special Events Fee Schedule -----------------------------------------...... .............- ................. VI ApplicationChecklist ............................................................... .... .................. . . . . .. -VII EventSummary -------------------------------------------- - - - - -- -. --------------------------------------- - - - - -- 1 Applicant / Sponsor Information --------------------------------------------------------------------- - - - - -- 2 EventQuestionnaire -------------------------------------------------------------------------------------- - - - - -- 3 SitePlan / Sketch -------------------------------=----------------------------------------------------------- - - - - -- 5 Notification/ Petition -------------------------------------------------------------------------------------- - - - - -- 6 General Requirements --------- ---- - - - - -- ----------------------.------------------------------------- - - - - -- 7 Indemnification Agreement------------------------------- -------------------------------------------------- 8 Departmental Approval Sheet ------------------------------------------------------------------------ - - - - -- 9 Off -Duty Officers Request Form ------------------------------------------------------------------- - - - - -- 11 Public Right -of -Way Permit Application ----------------------------------------------------------------- 12 Parking Meter Rental Appl ication ------------------------------------------- ---- ------------------ -- - - - - -- 13 Hanging Banner Permit Application ------ ----- -- ---- --- 14 Pole Banner Permit Application ----------------------------------------------- --- - ----------------------- 15 Special Events Clean -Up Deposit- ------------------------------------------------------ - - - - -- - - - - -- 16 NOTE: Please ensure that all at the above pages are contained{ in this Racket r1_1 HUXAM, 11,21104 WIN wim A Special Event is any activity that occurs upon public or private property that affects the ordinary use of .the parks, public streets, right -of -way or sidewalks. Special events may include but are not limited to such activities as filming, art festivals, fairs, tours, concerts, celebrations, grand opening celebrations, certain.outdoor business promotional events,, bicycle races, runs, parades, marches and processions and motorcades. Listed below are a few guidelines, please read this information completely prior to filling out the application: INTRODUCTION.* The City of South Miami is pleased to welcome a variety of special events, from community festivals to athletic competitions. Our goal is to work with. event organizers to help .ensure that the events that take place in our City are safe and successful, while minimizing the impact of the surrounding community. We hope that you find these instructions helpful in planning and preparing to execute your special event. In order to help the organizers of special events coordinate their plans with City requirements, we have compiled this application which contains information related to the City's review process. Even if you have planned events in our city before, there may have. been resolutions and/or ordinances passed on special events with changes that could affect your next event fees, neighborhood notification, impact mitigation, signage, etc. Acceptance of a special event application is not 16 be construed as approval of the request. HERMIT PROCESS: Please complete the following forms in their entirety and submit them to the Parks & Recreation Department Monday through Friday, 8:00am until 5:00pm, to the attention of the Special Events Coordinator. The permit application process begins with the receipt of .a complete application and payment of the nonrefundable Special . Event Application fee of $60.00. Delays in providing all of the required items to the Special Event Committee may holdup the* review process. Applications must be submitted a MINIMUM OF 21 DAYS before the scheduled event. Any application submitted with less then 21 days prior to the event may not receive the necessary approvals from the required departments prior.ta the date of your event. An application with less'than five (5) business days prior to an event WILL NOT BE ACCEPTED. SECURITY DEPOSIT: Upon application approval, a $600 security deposit, as well as other possible chargers (such as: Street Closure, Off Duty-Officers, etc.) will be due and required before any permit can be issued. if the event occurs without any city damages and /or charges, $500 of the deposit may be refunded; $100 will be retained by city for administrative cost. HOURS: Event activities are prohibited after 11 p.m. in residential areas, after midnight in commercial areas, and before 8 a.m. in any area. Loudspeakers, amplified music, bullhorn or public address systems (PSA) during event hours are strictly regulated. EVENTS WITHIN A PUBLIC RIGHT -OF -WAY: Events may be held on public or private property as Well as public rights-of-way such as: streets and sidewalks in commercial, residential, or industrial zoned areas. Events on streets and sidewalks in' commercial, residential, or lndustrial zoned -areas may have special requirements and limitations on the use of certain streets to ensure safe and adequate traffic flow to areas near the special evens. Any special event that impacts traffic or circulation In the area through lane closures, or .other means, will require additional planning and impact analysis from our Public Works and Police Departments. III INSURANCE: All special events, especially events tatting place on City property require the event holder to carry liability insurance for their own protection as well as insurance protection for the City. The event producer shall, prior to the event, submit a Certificate of Insurance showing the required insurance limits of $ 9,000,000 and full force and in effect coverage; the City of South Miami must be listed as an additional insured. in the amount of $9,000,000 are required prior to the event. SMOKING: Smoking is not permitted in any public facility. EVENT NARRATIVE: A detailed written description /summary of your event is required: Please describe all activities, a schedule of activities, inventory of any sold and /or give -a -way items, list of vendor and any other important information. CITY MANAGER LETTER: A letter written to the City Manager briefly discussing your Organization/Business, the purpose of the proposed event, the benefits, if any, that the event will have on the City and any additional information deemed pertinent to this application. SITE PLAN / SKETCH: A site plan must be submitted with your application (which you can find. as part of this application packet) and include the location of all on -site buildings and parking areas, the location of the existing fire lanes; the proposed locations and dimensions of all tents, barricades, stages, and bieachet's as well as the location and type of all speakers, signs, generators and inflatable. Show nearest cross streets, serving areas, and security positions. NEIGHBORHOOD NOTIFICATION: Neighborhood notification (which you can find as part of this application packet) will be required if you propose to have off site parking, outdoor amplified sound, fireworks, street closures, etc. Notification must be filled out by businesses and /or residential property owners or lessees within the road closure and shall give their acknowledgement in writing to the person or organization seeking the permit. The name, signature, address, and phone number of each person who is either a property owner or lessee within the requested barricaded area must appear on the sheet. SIGNS: No signs may be affixed to any trees, buildings or street fixtures. BANNERS: Separate permits application(s) are required for Hanging Banner. Over Public Right-of- Way and Pole Banner requests (which you can find as part of this application packet). Banner over a street right-of-way requires a separate application(s) fees and approval processes. MUSIC: The Committee considers times for duration of music on a case by case basis and takes into account things such as proximity to residential areas and if there have been prior complaints or issues with amplified sound /music. Outdoor music amplification may be denied and/or monitored for volume on a complaint driven basis. A South Miami Police Officer or a South Miami Code Enforcement Officer may require the music volume to be reduced or ceased based upon noise complaints or reasonable noise concerns as- a result of the special event. Also, no swearing, yelling, or abusive/inappropriate language or behavior shall be used by the DJ or band. EVENT CLEAN -UP: Unless approved differently by a sttpulation(s) thru the Special Events Committee, event cleanup and equipment removal must be completely finished by 8 am the day following your event, including removing stages, barricades and fences, temporary toilets and other event production equipment, picking up trash, street sweeping, power washing and other clean up /grounds maintenance stipulations. If city crews are required to perform any type of cleanup service due to your event, you will be billed and required to pay for the man -hours spent cleaning up. TV - OYIIII[R ' PEPARTMENTAL CON T-AC r LIST If you have any. questions regarding your event that were hot answered in the GUIDELINES section of th9s applicant, please contact the proper department as follow: SPECIAL EVENT /MARKETING ......... (305) 668 -7231 DIVISION SOUTH MIAMI POLICE ------------------------------ -- - - -- (305) 663 -6301 DEPARTMENT PU9LIC WORKS -- (305) 668 -7204 DEPARTMENT PARKS & - (305) 663 -6319 --------------------------------------------------------- - - - - -- - RECREATION . CODE ENFORCEMENT DIVISION -- -- - - -- (305) 668 -7335 PLANNING & ZONING- -- ----------=--------------------------------------------- - - - - -= (305) 663 -6326 PARKING /COLLECTIONS DIVISION --------------------------------------------- (305) 6fi3 -6343 1 SPECIAL EVENT FEE SCHWULE The following fee schedule was developed as a guide to help applicants estimate costs associated with an event. Each event fee will be calculated according to its locaiton, size, attendance, and City personnel requirements. All costs are an approximation and are subject to change. The following schedule of fees willlcould be imposed for any special event: Special Events/Marketing Division: Application Fee Clean -Up /Security Deposit Police Department: Expedited Fee Supervisor Officer Radio Fee Public Works Department: Supervisor Employee Street Closure Barricades Pole Banner Parking /Collections Division: $ 60.00 (Non - Refundable) $ 600.00 $ 60.00 $ 50.00 per hour (3 or more office assigned) $ 40.00 per hour (3hrminimum) $ 3.00 per officer /per. day $ 45.00 per hour $ 40.00 per hour 0 LF to 50 LF $1,500.00 > 50 LF to 300 LF $2,500.00 Every additional 50 LF $1,000.00 $ 80.00 a day for use of 10,125 $ 100.00 per 10 poles Parking Meter Rentals $ 15.00 per day/ per meter Planning and Zoning Department: Hanging Banner Over Public Street $ 300.00 Please note the following: • Application Fees are non - refundable and must be paid before application can be considered fully submitted • Clean -up deposits of $600 can be refundable up to $500 ($100 city administrative fee is non - refundable) or less depending on any outstanding balances • All per -event fees such as street closure, parting meter rentals, employee and off -duty officers MUST be paid before permit is Issued • Street Banner application fee MUST be paid before submitting the Special Event Application (attach copy of invoicetreceipt) • Barricade fee shown above is an estimate and does not reflect cost for delivery, setup and /or break -down charges • Pole and/or Hanging over Street Banner include both hanging and removal of banner VI APPLICATION CEDECKLIST This list is to ensure that all necessary documents are included and that all required procedures were followed. The Special Event Committee will check your application against this simpler checklist use this checklist to ensure all information was submitted as required. &_'APPILICATION: Completed Special Events Permit Application, with required attachments, at least 21 dan prior to the proposed event a FEE: A 60 Application Payment must accompany your application upon submission in cash, check or money order. -SIGNATURE: Application must be signed and notarized upon submission. 0 CITY Briefly discuss your Organization /Business, the MANAGER'S purpose of your event, the benefits, if any, that the LETTER: event will have on the City and any additional information deemed pertinent to this application. G? OTTER Complete any applicable permit application deemed PERMIT: necessary for your event, such as: (Check all that applies) ❑ Public Right ofi Way F—] Pole Banner Off -Duty Police Officer F� Banner(s) Overstreet Parking Meter Rental F� Clean -Up Deposit NSURANCE: Prior to the event, the event producer is required to submit a Certificate of Insurance naming the effect and shall name City of South Miami as an additional insured, in the amount of $1,01J0,000. SITE A site plan must be submitted with your application PLANISKETCI-I: which shows intersecting street(s), location -of all on- site buildings, parking areas, routes, barricades, etc. COPY: It is strongly recommended that you make a copy of your application -for your own record. vzz This section of the permit application is intended to provide the Special Events Permit Committee with an overview of your event. Information you provide in this section is public information and may be used in developing the Ciiy of South Miami's Calendar of Special Events. Application must be submitted no less than twenty -one 121 days prior to the effective date of the event with all required documents. TYPE OF EVENT: Filming ❑ Charity ❑ Festivals [] Celebration Promotion Other: .F4 ;Meth' NAME OF EVENT: LOCATION OF EVENT: (Please note: write complete mailing address, as well as name of any buildings and/or parks If applicable) Is this an annual event? Q No [] Yes if yes, this is the annual evens, previous date EVENT DATE(S): �a-�� bo EVENT DAY(S): � <a"War2 ACTUAL EVENT HOURS: �tt�h - �� a. m. UNTIL: . P.M. (Please note: event may not begin earlier hen 8 a.m. or end later then 19 p.m. In residential areas, or midnight in commercial areas) ASSEMBLY DATE(S): SETUP /DOWN TIMES: a.m. ANTICIPATED ATTENDANCE: TOTAL EVENT DURATION: hrs mins fs', . �r 1 ? Y ^ Name: &rjo�f &40 Title: &A-7,r q el Title: 1*1u- Ceil/Phone: ��, 3a 42L� Cell/Phone: �jd� - 3-23j -- W5E' APPLICANTISPONSOR INFORMATION The applicant for the Special Even #.Permit must be the authorized representative of the organization/business conducting the special event. This person must be available to work with the City's Special Event Permit Committee throughout the permitting process. A professional event organizer, or other representative, may apply for the Special Event permit on behalf of the organization/business. NAME OF ORGANIZATION: ADDRESS OF ORGANIZATION: 0'a 33/ 73 OFFICE TELEPHONE:-, FAX: .�`Y `d,yt y,- :.kid,; ^.� -�:,.= Yr-s -C 5.f1 5 .ice ...��_.u-- ':�_..�:' [] Applicant/Organization owns the event location [] I give permission for the Applicant/Organization to use my property. Comments: Property Ownei Property Ownei Property Owner's Signature: Notary Signature: 2.16 .Date: POLICE DEPARTMENT YES NO ' 1. ❑ ill your event obstruct the normal flow of traffic? 2. Do you expect the total attendance for your event to be over 150 people a ny one given time? 3. F-1 �Wtlll you be requesting the use of Extra -Duty Police Officers? If yes, how-many (Please note: If you answered NO, to this question off -duty officers can still be assigned to your event at a cost to you if deemed necessary) If NO, please describe why the event will not have a significant impact on the surrounding public streets and /or property area. r -. Off -Duty 7ffjcerApp11cant pg.11 /See Speciai Event Fee Schedule for cost detail PUBLIC WORKS YES NO 4. [V�❑ Will your.event interfere with any public right-of-way, such as roads, /dewalks, alley, etc.? 5. [❑ Wiil your event require any full and /or partial road closures? if yes, please complete the Right-of-Way Application. (PI19ase note: any right -of -way closures will require at least one off -duty officer d public works employee.) . 6. ❑ Will your event require the use of barricades? If yes: how many what type (Poase note: all pubic right -o# way closures must have approved barricades) 7. ❑ Would you like the City to provide you with barricades for you event, at a st? If yes: how many 8. ❑ [ZWWll you be applying for a Pole Banner? Please describe your plans for the cleanup and removal of recyclable goods, waste and garbage during and after your event. A)e_ tdij ea7A" A;,,A —X ei Ao ,os -1-TA2,W Je- G G,4 arzi 440 to Awl S Public Right Of-Way Applicant pg,12 /Pole Banner Applicant pg.•15 See Special Event Fee Schedule for cost detaf7 3 -16 F-4 PLANNING AND YES NO 9. ❑ Are you confident that your event is in the City of South Miami limits? (Please note: that it is the sole responsibility of the applicant to ascertain the lac on is within the city's linut. You may call the Planning iii Zoning department 4306) 663.6326 if you have any gdesdon(s).) 10. E] Will you be hanging any banners over public streets? If yes, please complete the Hanging Banner Application. (P ase note: that all requests for banner over public streets must be reviewed nd approved by the City Commission, which meets only twice a month.) 11. ❑ ZHave you notified the event location neighbors about your event? Hanging Banner over Street Applicant pg. 94 /See Special Event Fee Schedule for cost detail PARKING DIVISION TYES NO 12. ❑ Will you be renting any City parking meters? If yes,. how many (Please note: that if you are closing or interfering with any right -of -way that includes parking meters you are required to pay the meter fee as well.) 13. Q Do you have enough on -site parking to accommodate 14. ❑ Will your event involve the use of a.shuttle and/0 alternate parking sites? Parking Meter Rental Applicant pg. 13 /See Special Event Fee Schedule for cast detail CODE ENFORCEMENT YES NO 15. ❑ ill you be having a music a lorrlo n s during your event? 16. Ej [ill your event be starting before 8 a.m.? 17. ❑ Will your event end after 11 p.m. on a weekday and /or 12 a.m. weekend? )RECREATION YES N07 18. ❑ j1 Will this event take place In any of the South Miami City parks? (Plea a note: A rental fee will be applicable if a City Park is being utilized.. R ations are made through the Parks & Recreation Department (305) 663 -6319 r (305) 668.7232). 19. (,J Will this event require the use of any Parks equipment or staff? 4-16 STIE PIANlSMCH - A map of the event site is required and should indicate event layout with proposed attractions, recommended street closures, parade or run/walk routes, etc. Please draw you map on the space provided below, or attach your map to the application upon submittal. The following must be identified and labeled: 1. Event Site (label streets, building, etc.) 3. Canopies, tents, stages 5. FencingBanicades x x -x 7. First aid facilities + 2. Routes (rases, parades, etc.)+4 4 4. Resuoom facilities R 6. Off duty police officers P S. Parking Area PA 5 -16 Event Name: .Event Date: �� S r-60j�t i We, the undersigned businesses and /or residents, have been notified of street closures associated with the event noted about on said date, and hereby agree or disagree to the closure(s)- We are also aware that this response may not effect this application being approved or disapproved. ❑ Disapproved 01 roved ❑ Disapproved ❑_ Disapproved E]I ❑ Disapproved ❑ Disapproved ❑ ❑ Disapproved ❑ Disapproved ❑ Disapproved ❑ Disapproved ❑ ❑ Disapproved ❑ 6 -16 Section 1 ✓ When marking any public street, curb and/or right -of -way no g_ermanent marking substance may be used. All marking agents must be-removed immediately after the completion of the event. ✓ Barricades shall require an additional rental fee established by the Public Works Department. ✓ No pegs, stakes, or anchoring devices shall be driven Into the concrete, asphalt, or City hardened right -of- way- ✓ Map of route or site plan of the scheduled event including all stations and descriptions of activities. ✓ Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall provide proof of such certificate. ✓ Review of applicanes paper work to note location. ✓ 72 hour notice given to all merchants whose street Please initial Section 11 ✓ In the event of a parade, a permit from the South Miami Police Department must be obtained. ✓ If Police service for traffic and /or crowd control is required, arrangements will be made through the City of South Miami Police Department for off -duty Police officers. The Police Department will determine the number of officers required. (Please be aware that costs might change on a'yearly basis). ✓ Coda FnfhrCP_ma_nt nanartmpnf will r_haek nn aarh avant fn mnlep miry that aIi enAan nnei rarmlatinnc or= Enforcement Department. Please initial Section iii ➢ Specific Reaulrements: All organizations_ sponsoring special events using public property or public by the City. ✓ A majority vote of approval (one -month in advance) by the City Commission will be required for large events. ✓ Deposit of Six Hundred Dollars ($600.001 to defray cost of fitter clean -up, must accompany application, plus a permit fee of $60.00, if clean -up is not required, deposit may be refunded. The litter deposit may differ depending upon the event. ($900.00 will be retained by the City as an Administrative processing fee deducted from the $600.00 deposit). (Please be aware that rates shall Increase on a yearly- basis, due to cost of living .Increases l. ForGrant Recipients: Payment of these charges could be deducted from the designated grant amount approved by the City. ✓ Public Works — The average hourly rates are approximate $40.00 per non - supervising employee, per hour, and $45.00 for supervising employee, per hour. Please initial 7 -lb mnne�mmm�bt>aw INDENRqOICA110N �A'+]� wa+®cnaa�s+/mnu�wwnammaswn — -- ruw s.ssmss+ THIS AGREEMENT ( "Agreement ") is entered into by and between. ( "Applicant"), and the City of South Miami ( "City ") on the date on wich the last of the parties mektites, this Agreement. RF,CffALS WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for (event title) {l�lr�r►rr� 5vASeP f'ye (location) on (date(s)) S. ("Special Event'o; and WHEREAS, pursuant to of the City's Code and the City's Special Event Regulations, the Appl cart must execute an indemnification and hold harmless agreement protecting the City from any and all claims which may arise out of the Special Event. NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. The above recitals are true and correct. 2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and assigns, harmless from and against any and all such claims, suits, actions, damages, or causes of action arising as a result of the .Special Event, or of the condition of the site on which the Special Event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any costs, attorney's fees, expenses or liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. 3. Permits for Special Events must be on event site at all times. 4. No Street shall be closed without authorization from the City of South Mi£ mi Public Works Department and Police Department. 5. Traffic shall be maintained in accordance with Florida Department of Transportation (FDOT), Miami - Dade County standards and any additional requirements by the City of South Miami Public Works Department and Police Department. 6. Event areas shall be restored to equal or better condition than they were before the event started. 7. if all restoration work is not performed within 30 days of work completion, the City of South Miami Public Works Department may restore the event area and charge the applicant for the cost of restoration plus a minimum of 15% for administrative fee and any additional incidental fees. 8. Applicant must pay all fees prior to the start of their event(s). 9.' Applicants that receive approval for their event more than thirty (30) days in advance shall notify the City of South Miami Special Event/Marketing Coordinator at least forty -eight (48) hours prior to start of their event. 10. Any damage to private property shall be restored to its original cohdition or better and as accepted by the Owner. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly authorized signatorvties) on the date set fs dUelow. J& APPLICANT'S TITLE DATE FtA- U`Aher C`iety Permiet After submitting your application, if deemed necessary by the Special Event Committee that you must obtain one or more.. City Permits, your application will no longer be considered complete and will delay the approval processes. For your benefit, BES to review each application. beyond this page and complete the application if necessary or initial on the top fight. comer of the application "If not-applicable", to insure that your application will have sufficient amount of time for the committee and/or department evaluation your request. Application For: Off -Duty Officer Parking Meter Rental. Right-oft Way Usage Foie Banner Hanging Banner Refund laeauest 14 -16 �'• : :,�,, CITY OF SOUTH MIAMI POLICE DEPARTIAMNT 6130 Sunset Drive, South Miami, 1:133143 (305) 663 -6301 Extra-Duty Police Officers 1' application ' 20p0. A police officer for employment that is indigenous to their law enforcement authority commonly referred to as "Extra -DuV employment. The following policies and procedures must conform in order to schedule a police officer for employment on a temporary or infrequent basis: The South Miami Police Department shall be the final authority In determining the minimum number of officers required to police a particular event if more than three officers are hired, a supervisor must also be fined. The City Manager Office and South Miami Police Department mill determine the supervisor to officer ratio for larger events. D The Applicant will be required to compensate the assigned officer for a minimum of three (3) hours even if the event is of a shorter duration. Currently the rate for Extra -Duty Police Officer is $40 per hour & $50 per hour for Supervising Officer, plus a $3.00 charge for radio usage for each officer. D The Applicant must compensate the officer(s) for thew services at least one (1) day prior to the start of the scheduled event that the officer(s) will be assigned to. No monetary payment will be accepted. No payment by exchange of goods or services Is acceptable. A if, during a scheduled event, the Applicant determines that he/she needs to extend the time an officer(s) works at the assignment, the Applicant shah compensate officer(s) r full hour worked If the Offloer(s) works for more than 20 minutes and/or less 58 minutes beyond the regularly scheduled time of e Applicant must notify of a cancelia r u f a -Duty Police Officer forty -eight (48) hours prior to the scheduled date of service. Failure to do so will require the App com a assigned officer for a minimum of three(3) hours. APPLICANT INFORMATION Business /Organization Name Applicant Name Busin'ess/Organization Address City State Phone Number Fax Number E -Mail EVENT INFORMATION On -Site Contact Person Name of Event Zip Code Cellular Number Type of Event Event Location Anticipated Attendance I acknowledge and accept financial responsibilities to pay all costs and fees associated with this request form prior to the service date(s): Annlicanf's Sionature Date OR OFFICE USES ONLY: AS PRESENTED NO. Office: 'K ' NO. Radio: ;OMMENT: 'OUCE DEPARTMENT iIGNATt1RE 11 -16 I____J DENIED DATE "APPROVED WITH CONDITION NO. Hours Estimated . 7 Total Cost 001 a .j. s'. t: S °.• L• n, �5 ti M r= �i �K i 1 $outL d CITY OF SOUTH MIAMI PARKING DIVISION - a 6130 Sunset Drive, South Miami, FI 33143 (305) 668 -2512 Fax (305) 663 -6346 •• iw ..iy .. �i Parking Stalls /Meters Rentals Application � .... �Ar coos Pursuant to Section 204.4 {M)(3)(D) of Land Development Code. "Rental Fees for Public On/Street curbside spaces (Parking space) are $18.00 per space per day, seven days per week based on twenty-four (24) hour use ". Business /Organization Name Business /Organization Address Phone Number ( \ ttac Number Name of Event: Purpose for utilizing Applicant Name City State Zip Code E -Mail Type of Event: Number of OrgStreet Number of Day's Start a.m. End a.m. curbside spaces requested: curbside spaces desired: . Time: p.m. Times p.m. (if necessary, please attach additlonal I hereby certify the above information is true, correct and complete as of the date of this submittal. It is understood that this applicant will be reviewed and may be adjusted periodically by City Staff, if any inforrnation should change that I shall amend or supplement this application within five business days of the change. Applicant's Signature Date ....... . FOR OFFICE USES ONLY: _...__..._._.Permit No: DENIED 0 APPROVED AS PRESENTED 0 APPROVED WITH CONDITION NO. Meter Days: NO. Meter: M Dally Fee: Comment: PARKING DIVISION SIGNATURE DATE Estimated Total Cost 13 -1b ' Sgvttj }yxfami CITY OF SOUTH MIAMI PLANNING &ZONING DEPARTMENT W ; 6130 Sunset Drive, South Miami, FI 33143 (305) 663 -6326 Fax (305) 668 -7356 eunmatiescuv: Hang'Ing Banner Over Public Street Request Form for Special Event Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No, 10-07 -1911; LDC Section 20- 4.3(N). Complete this permit application form and submit the applicaflon to the Planning & zoning Department located in the Syiva Martin Building in front of City Hall. This application must be submitted at least 30 days prior to the. event date. An application fee of $300 must be paid at time of submittal. If approved by the City Commission, this fee covers installation and removal of banner. If approved, take the permit and the banner to the City's Public Works Department located at 4795 SW 75th Avenue Nami, FL 33155, at least one week prior to the installation date. The Public Works Department will install and remove the banner on the dates specified by the approved permit. Name of Non -for- Profit Organization Organization Address Phone No. Authorized Re- presentative Name Event Name: Approximate Installation Date Requested: Event Date: Rep. Title thru Event Type: Banner Location Requested: ❑ 5800 Sunset Drive ❑ 5880 Sunset Drive Briefly describe event for which you wish to display a banner In South Miami: D- Applicant understands that the Banner installation is 10.14 dayp before the advertised event day. ➢ Installation and removal dates are based on workload. The City Is not responsible for the condition of the banner during this period. Applicant agrees to pickup banner within seven (7) days after the event. The city may discard the banner(s) after the specified period. Banner Specifications- 30ft X 3-4ii vdde, 60ft of % (half) nylon rope with hooks and the banner must vents. Applicant's SignatOre Date PLANNIl�TG & ZONING OFFICE USE ONLY: SUB)VLt 7MD RECD BY INITIAL v Illustration of banner showing height, width of the banner, and lettering ❑ > Copy -of liability and/or property damage insurance required ❑ D Application fee $300 (per application) [❑ Ctty Commission Approval Resolution No. Comm. Date: Comment: 14-16 ' • • ' " SogY1e 1S�L Iaai�}1 Y CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT 4U" • . ,, = 4795 SW 75s` Avenue, Miami, FI 33955 (305) 663 -6350 Fax (305) 668 -7208 Special Event Pole Banner Application * . - salt This application must be fully completed and submitted with REQUIRED aftachmentsrsuch as: copy of a public liability Insurance policy and copy of the design with the banner dimensions listed. The per 90 poles fee also include the installation and removal of banners.ta ptJ O1 d D Business/Organization Name Authorized Re'o&sentaffve Name 2� to I &2:nJ � f c-.,f 1::�:' — 3 J;'� 73 i3usinessfOrgan€zation Address City State Zip Code Phone Number Fax Number E-Mail Event Name: <,n„ APA r,2, br-.,.r Art 1 b A- Event Date. Event Location: P , .i Approximate Installation DAte: Dec.- Q c 3 thru Banner Size/Dimension :. i 0� Event Type: Total Duration: 6 Pole Banner Description: Se4 / f& l jw • Applicant understands that the Banners) installation Period is an estimate. Installation and removal dates are based on workload. • Applicant agrees to pickup banner(s) within seven (7) days afterthe event. The city may discard the banner(s) after the specified period. D Applicant understands the insta lation'location(s) are approximate location(s). The Installation location(s) islare based on site availability and degree of difficulty. The City Is not responsible for the condition of the bannerfs)' dudnu this period. ire applicant agrees to hold the City of South Miami, free and harmless from all liability that may be adjusted against it and to reimburse the City for all expenses of litigation in connection with the defense of claims as such liability and claims may arlse ecause of negligence in the performance of the o a - on service, or act for which the permit was issued" PRINT tE S GNA DATE FOR OFFICE USE ONLY: Resolution' NO. ❑ APPROVED AS PRESENTED F--j DEN €ED CJ APPROVED WITH CONDITION Permit No. Installation Date: Comment Removal Date: PUBLIC WORKS SIGNATURE 15 -16 DATE Work Order NO. --.-:24f* MI4in"A s vrt : CITY OF SOUTH MIAMI k° 1 o r :, d et ` SPECIAL EVENTS/MARKETING DIVISION 6800 W166 Street, South Miami, FI 33143 (305) 663 -6399 Fax (305) 668 -7388 Special. Events dean -Up Depoeft Refund Request Application 2001 In order to receive your clean -up depos:'t, (or a portion thereof), you must complete and return this form to the Special Events / Marketing Division, no sooner than twenty-four (24) hours utter your event. The Deposit of Six Hundred Dollars ($600.00) is to defray cost of litter clean -up. if dean -up is not required and your event occurs without any city damages andlor costly issues, $500 of your deposit may be refunded back to you. A $100.00 non- refundable administrative fee will be deducted from the $600.00 deposit. Event Name Event Location Event Date(s) Event Day(s) Event Start a.m. Event End Time p.m. Time Type of Event a.m. p.m. Total Duration did you utilize services of the City of South Miami for clean -up? were unscheduled Police Officer called out to your event? ❑ ❑ were there any damages to any city andlor private property? ❑ ❑ have you paid all the required fees associated to your event? ❑ ❑ Comments, problems and /or suggestions (if any): if Refund Request Application is approved, would you like the payment to be: Mail Check ❑ Pick -up Check ❑ Refund to: (Full Name & Mail Address): "In signing this application, I understand that Refunds will not be processed until this form has been completed and signed off by designated. City Departments. If any cost incurred is outstanding, it will be deducted from deposit and that I will be held responsible for any overages.' Applicants Signature Date Police Department Public Works Dep. 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CA �Jlr A, a 1�1 I 1 1, or %I a IN elf IN 'all do 0 Par A I a- N IN- I W, 0 d All amor- d I : 'I :i�� I A 'Embe. 1. 1 W% toJi.0" Old Imaill, a) h ". :. To. morm, MAN P;::,A`Net o N: awodea-M IMF I I , % Am 0 w a Fr 1@, -1 - . em I. WT ft, No to A L ___� CERTIFICATE OF LIABILITY INSURANCE PRODUCER Fax# 305444 -8811 Global Insurance Solutions 1421 SW 8th Streek Suite #3 Miami, FL 33135 INSURED Earth Learning Inc. 8201 SW 99th Court Miami, FL $3173 nn, rr_n w r.r� PhD-# 786 - 200 -3745 � THIS CERTIFICATE IS ISSU ONLY AND CONFERS NC HOLDER. THIS CERTIFICA• INSURERSAFFORDING D. DATE (MMfDDIYYYY) • 11/17/2010 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR NAIL 0 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT UARTH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D pOLICYNUMBEi POLIC Y DAT POLICYE RATION La1IT5 GOMMLIABU Y EACHOCCURRENCE S 1,()P0000 $100,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE Q OCCUR MEO EXP one S6,000 PERsoNALaADvnN.IURY S 1,000,000 4200502743 11 -16-10 11/16/2011 GENERALAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG 51,000,000 . POLICY PRO- LOC AU•fOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (pe•pe—) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Peraccidenq S HIREDAUTOS NCN- OVINED AUTOS PROPERTY DAMAGE (peraccidanl) S GARAGE LIABILITY AUTO ONLY - EAACCIDENT S OTHER THAN EAACC AUTO ONLY: AGG S ANYAUTO S EXCESSI UMBRELLA LIABILITY EACHOCCU2RENCE $ AGGREGATE S OCCUR EI CLAIMS MADE S • S DEDUCTIBLE S RETENTION S WORKERS COMPEM71ON WC ATU- OTH AND EMPLOYERS LIABILITY MPRRZAR DED CUTIV@ a (Mndafory in HH) EI EACH ACCIDENT ^– --^ $ E.L. DISEASE- EA EMPLOYE $ EL. DISEASE- POLICY LIMIT $ Ifyyaegs deacaibaunder SPEW PROVISIONS below OTHER OESCRJP'rION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AWED BY ENDORSEMENT I SPECML PROVISIONS Additional Insured Endorsement CIS 2010- City of South Miami VIZy of 0oUU1 Miami SHOL& DANYOFTHEABOVEDESCREEDPOUCMS3ECANCELLEDBEPORETHEEXP (RATION 6130 Sunset Drive DATE THEREOF, THE ISSUING INSURER WILL ENDBIWOR TO MAIL 30 DAYS WRITTEN South Miami, FL 33143 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 2912009/011 ©1988.2009 ACORD CORPORATION. All rilahts reserved. The ACORD name and logo are registered marks of ACORD IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2009164) FARMER'S MMMT AGRUMENT 'THIS Agreement is entered into on day of &o yemke , 2010, between The City of South Miami, a municipal corporation ("City"} and Earth Learning, Inc. (EL), collectively referred to as the Parties ("Parties "). BACKGROUND WHEREAS, the City is desirous of having an open air farmer's market ( "Market "); and WHEREAS, the City desires to engage and retain the services of EL to develop, establish, and manage a Market at City Hall, 6130 Sunset Drive, South Miami, FL 33143; THEREFORE this agreement will be for the period beginning /7 ZJdveoWir20iQ and ending / &NPmJCT, 2011, with option of annual renewal. The Market will be operational on a weekly basis, each Saturday, beginning December 4a', 2010. AGREEMENT 1. EL will develop, produce, and manage the Market. EL is responsible for recruiting vendors, as well as producing and managing the Market. The Market hours will be from 9 am to 2 pm, set up will begin at 7 am and breakdown concluding by 3:0.0 pm. EL will leave the site in clean condition and will make every effort not to create waste. 11. City will provide the following: • Pre- approved permit(s) for large tents, if needed; • Access to public bathroom facilities; • Access to external utilities (electrical and water)'which does not require any modifications to the existing locations; • At the City's discretion it may provide certain marketing and/or advertising. • Recycling and garbage bins and access to dumpster, should the dumpster become overflowed due to the Market's use it is the -responsibility of EL to acquire additional dumpsters to satisfy the additional utilization. Ill. Market Management: The Management of the Market is the responsibility of EL with the Market Manager being a person employed by EL who will be responsible for the day -to -day operation of the Market. EL is responsible for the monitoring of the Market Manager's performance and has sole discretion of firing, retention, and termination of their'employee.. EL is solely responsible for all actions taken and decisions made by the Market Manager. IV. Who may sell at the Market: Local producers of sustainably -grown fruits, vegetables, and value -added food products (at least 2 year - round, with additional value -added food products during the vegetable growing season). 1. Prepared food vendors (minimum of four [41) 2. Local artisans and sustainably produced crafts (minimum of six [6]) 3. 'Native and edible plant supplies and services (minimum of one [1]) 4. Green/appropriate technology vendors (minimum of one 11]) . 5. Community- based/educational organizations (minimum of two [2]) 6. City Green Task Force presence (at the discretion of the City; one [1] tent) 7. City residents: back yard fruits and vegetables, local food vendors, neighborhood initiatives (one [ 1 ] tent at no cost to the city) V. Permitted market items: Fresh produce, plant items, flowers, baked goods, jellies, jams, preserves, and other non- commercial food items, described below, may be sold. Cooking and food preparation (as described below as "Prepared foods ") will be allowed on-site but must conform to all applicable laws and regulations. Artisan crafts (as described below) and green products and services may be allowed at the sole discretion of EL. Displays of public interest, such as nutritional, health or consumer information, limy be displayed at the sole discretion of EL. 1. Fruits, vegetables, mushrooms, flowers, value- added: a. Very local (25 miles), organically grown; b. Local (150 miles), organically grown; e. Southeast U.S.; organically grown; d. Local (150 miles) conventionally grown (non GMO). I Artisan Crafts: a. Local, hand -made with sustainably harvested raw materials; b. Other locals hand -made items with sustainably harvested raw materials; 3. Prepared foods: a. Use local, organically -grown produce, meats, and dairy products (non- faetory- farmed); b. Use organically -grown produce, meats, and dairy products (non-factory-farmed); c. Use conventional produce meats, and dairy products (nonfactory- farmed). 4. The sale or consumption of alcoholic beverages on the market site is prohibited [emphasis added]. EL is responsible for developing the Market policies and procedures prior to the Market's occurrence upon City property. All policies and procedures will be submitted to the City Manager's Office 15 days prior to the Market's commencement and approved by the City Manager. Any rnodihcations to the policies must be'submitted to the City Manager's Offi ce 15 days prior to its effect and approved by the City Manager. VI. . Market fees: See fee schedule, Appendix 1; to this Agreement. VII. Sales tax collection: EL will ensure that all vendors conducting business in the Market are made known that the vendors are responsible for their own sales tax collection and submission to the State of Florida. VIIL Display prices, licenses, product inspections, weights, measures, and pesticides rules.: EL is solely responsible for developing and writing policies related to display of prices, licenses, products inspection certificates, weights, measures, and pesticide disclosures; and will provide each vendor. with said policies prior to the vendor. commencing work at the Market. Vendors are required and responsible for obtaining and properly displaying all permits required by Federal, State, County, and City laws. EL is required to ensure that all vendors are properly licensed, and all information properly displayed as required by law. IX. Reporting of accident: EL will develop and apply a Standard Operating Procedure requiring vendors to report any and all accidents to the Market Manager. The Market Manager will assess the situation and make the determination of appropriate notifications as applicable. The Market Manager will compile an accident report log and submit a copy of the log to the City Manager's Office within 3 working days after each event. If no incidents or accidents occurred a negative report is required. Each log must be signed by the Market Manager stipulating that he /she reviewed the log and concurs with the report. X. Prohibited activities: Any activity not specifically authorized by this agreement is not authorized. Should EL wish to add an activity that is not specifically included in this agreement, then a letter detailing what the specifics of the activity must be submitted to the City Manager for approval. The City Manager is the sole authorized representative of the City that may approve or deny any additional activity for the Market. XI. Violations by vendors: It shall be the responsibility of EL to address any and all violations of this agreement by vendors. It is the sole responsibility of EL to deal with vendor(s) who are in violation of EL policies and procedures. EL is responsible for enforcing the Market rules and it is -the responsibility of EL to ensure that vendors abide by the approved rules. XII. - Live animals: The sale of live animals is expressly prohibited. Animals may be brought to the market on occasion for educational purposes only. Pets that are brought to the market must be on a leash or properly carried in a specialized pet container or transporter. )III. Vendor parking: All vendor trucks and/or trailers must be unloaded and parked off- site before the Market opens. Vendors are responsible for finding and paying for their own parking. XIV. The City, at its sole discretion, may entertain investing effort-to develop the Market as a premier South Florida green event and destination, EL is willing to meet half-way and put all its efforts into developing a Market infrastructure with outside funding; EL will collaborate with the City to fund these investments in infrastructure. Market infrastructure might include a stage; bathroom facilities; utilities hookup; large tents for vendors. In this case, then assistance with pre -event setup of and post -event . breakdown of infrastructure only would be required. XV. EL, in collaboration with the City and the Green Task Force, will develop programming in order to build community by engaging audiences in workshops, dialog, healing arts, and participatory activities. EL will meet with the Green Task Force regularly for coordination EL understands that the Green Task Force is an advisory Committee and under any circumstances may approve or deny any modification to this agreement. XVI. EL will provide comprehensive general liability insurance under their Market policy and will list TCSM as additional insured with $1,000,000.00. XVII. EL will explore the development of an online social networking site with City in order to build further community around The Market and other potential EL/City collaborative initiatives. XVM. EL will collaborate with the City on grants, sponsors, and other finding resources for the Market. )MC Agreement Termination: Either party can terminate this agreement with 60 days written notice. )ff. Notices: All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be delivered or sent, with the copies indicated, by personal delivery, telecopy (with confirmation and additional copy sent by overnight delivery service) or overnight delivery service (by a reputable international carrier) to the parties as follows (or at such other address as a party may specify by notice given pursuant to this section): To City: Hector Mirabile, Ph. D. (or the then current manager) 6130 Sunset Drive South Miami, FL 33143 -5093 With a copy to: Laurence Feingold, Esq. (or the ten current City Attorney) 6130 Sunset Drive South Miami, FL 33143 -5093 Maria M. Menendez, CMC (or the then current City Clerk) 6130 Sunset Drive South Miami, FL 33143 -5093 To Earth Learning, Inc.: (Insert Name and address) Xx(. Amendment: No amendment or modification of this Agreement shall be valid unless in writing and duly executed by the parties affected by the amendment or modification. XXIL Waiver: Any waiver or changes to this agreement by either party of any breach of any provision of this Agreement must be made in written form, signed by both parties, and shall not be considered as or constitute a continuing waiver of any other breach of the same or any other provision. of this Agreement. ni =H. Severability: In the event that any portion of this Agreement is illegal or }unenforceable, it shall affect no other provisions of this Agreement, and the remainder of this Agreement shall be valid and enforceable in accordance with its terms. XXIV. Assignment: Neither this Agreement nor any rights under this Agreement -may be assigned by either party. IN WITNESS WHEREQF the parties have executed this agreement on this � day of �il� r�'� -- , 2010. ATTEST: a:iez D' or arch Learning, Inc. 8201 SW 99 Court Miami, FL 173 Hector Miralfile, Ph.-D. City Manager The City of South Miami 6130 Sunset Drive South Miami, FL 33243 witness: � Maria M. Menendez witness: SOUTH MIAW Market Agreements The South Miami Farmers' Market (the Market) is operated by Earth Learning (www.earth learn ine.ore) in collaboration with the City of South Miami and its Green Task Force. The Market is focused on building community and promoting sustainabiiity. All persons selling products, services, or setting up displays in the Market are considered vendors and shall abide by these Market Agreements. 1. Hours and Days of Operation: The South Miami Farmers' Market will be open, rain or shine, on Saturdays from 9 am to 2pm, year round, starting December 4, 2010, except for holidays. Vendors may call the Market Manager regarding Market closure due to exceptionally inclement weather. Vendors shall be credited for fees paid if inclement weather causes cancellation of a Market day. 2. Set Up and Breakdown: Set -up starts at 7:00 am and must be completed by 9:00 am. Vendors will work with Earth Learning to ensure a zero waste event. Vendors are responsible for sustainably gleaning, recycling, and their ensuring Stall space areas are clean and free of any materials; Earth Learning will pick up all compostable materials and.reuse them to build soil on food producing farms and gardens. Stall spaces are to be left in the same condition as when rented. Breakdown starts at 2:00 pm and must be completed, and stalls vacated, by 3:00 pm. Vendors are required to set up at least 30 minutes before opening and are encouraged to stay until closing and assist with take -down. Any vendor planning to leave early should notify the Market Manager ahead of time. Parking is limited. 3. Permit Display: All vendors must display their permit pass in order to occupy a stall. site. Permits shall remain on display during Market hours. 4. Vehicles and Product Display: Vehicles shall not be utilized as a display or dispensing area for Market goods unless it is a refrigerated unit for perishable items. No vehicle may remain running during Market hours other than for purposes of refrigeration of product. The use of canopies, awning and sun - umbrellas are encouraged. S. Permitted Market items: Fresh produce, plant items, flowers, baked goods, jellies, jams, preserves, and other non - commercial food items may be sold. Cooking and food preparation will be allowed on -site. Hand -made crafts and Green products and services will be allowed. The Market Manager will resolve any doubt as to the suitability of an item. Displays of public interest, such as nutritional, health or consumer information, may be displayed with the permission of the Market Manager. S. Location: The market is located in the City of South Miami Municipal Building parking lot, on 6130 Sunset Drive in downtown South Miami. Vendors are required to obtain offsite parking. Public restrooms are available. 7. Market Manager: The Market Manager.will be hired by Earth Learning and will be onsite during the-hours of set up, operation, and take down. Any questions or issues that arise during this period will be resolved by the Market Manager or, at Managers' discretion, referred to Earth Learning and /or the City of South Miami Green Task Force. Milo I 1 :1 1111111N] s ��I Market Agreements S. Market Fees: a. Ten -foot x ten -foot (10'x10') stall spaces: i. Prepared Foods: $75 per Market day ft Artisans /Green Technology /Healing Arts: 1. $50 per Market day for for -profit 2. $25 per Market day for community groups b. Exhibitors 6' Tables (non -profit & community groups with ho vending or fundraising): $10 per Market Day c. The Stand (Central tent for Local Farm Products): $150 per Market day Seasonal and annual rates are available. Vendors paying on a per Market day basis must pay their fee by 5:00 pm on the Thursday preceding Market day and pick up their display permit Market morning. Fees should be paid via PayPal on the Market website ( www .southmiamifarmersmarket.com), or by cash or check made out to Earth Learning with the note "SMFM." This payment guarantees a reserved space in the market. if a vendor cannot attend a market for which payment has been made, cancellation made 48 hours in advance (by gam the Thursday morning before the Market) will transfer the paid funds to the next market date. If cancellation is not made at least �18 hours before the opening of the Market, the funds will be forfeited. Vendors who do not pay in advance but choose to come and obtain an unreserved space will pay prior to set up and will be assigned a space on a first come, first served basis, determined by the number of spaces available. In cases where a dispute arises between vendors over the availability of spaces, the Market Manager will make a final decision regarding the assignment of spaces. Payment .9n a seasonal fee basis must be made prior to the first Market day of the Market season, as announced by the Market Manager. Seasonal fees may be pro -rated for vendors seeking to rent exhibit space after the Market season has commenced at the discretion of the Market Manager. No reimbursement will be made for fees paid If a vendor decides to no longer participate at the Market. The Market Manager shall consider reimbursement in case of Illness or death. Vendors may call the Market at 123 - 456 -7899 concerning Market closure due to inclement weather. Vendors shall be credited for fees paid if inclement weather causes cancellation of a Market day. 9. Sales Tax: All vendors are responsible for collecting their own sales tax for products and seMces sold at the Market. 10. Fodd Justice /Accessibility: It is the policy of the Market to be welcoming and economical )y accessible to•all members of our community. SNAP /Food Stamps will be accepted at an exchange rate determined by Earth Learning, the City of South Miami, and available funding. [Amt Market Agreements Vendors wiii coordinate with the Market Manager regarding SNAP procedures for all qualifying products sold at the Market. 11.. 5ustainability: First and foremost, the Farmers' Market is an example to all who participate of how a community event can be delivered in a comprehensively thoughtful way, while eliminating or greatly diminishing any negative ecological impact. in an effort to make the Farmers' Market as ecologically sustainable as possible, we will require that: All food vendors make a substantial effort to provide healthy foods, local, and sustainably- grown foods wherever possible and always use biodegradable or reuseable plates, cups, and utensils; • All artisan vendors' products /services should be local in origin (when available), minimize /eliminate packaging, not cause exploitation of humans, animals or natural habitats, not be made with toxic materials, and harvested or produced in an ecologically and socially responsible manner • Absolutely no hand -outs paper or sample will be allowed for vendors without the express pre - approval from Market Manager. 12. Vendor Spaces: If a vendor misses two market days without notice his assigned space will be forfeited. 13. Vendor Display Area: Vendors will be notified if they have space under covered tents provided by the Market or if they will need to furnish their own tents. Vendors must provide their own tables, cloths, carts, chairs, displays, brooms, and trash cans. Individual vendor tents must be White and 10'x 10, and must be weighted down to prevent wind disturbance. Safety is essential. All vendors are required to ensure that their canopies are sufficiently and safely anchored to the ground, with no less than 24 lbs anchoring each canopy leg to the ground. Any vendor who fails to properly anchor his or her canopy will not be allowed to sell at the Market on that day, unless they choose to take down and stow their canopy. 14. Electricity: Vendors who need electricity must submit a request to the Market Manager .along with their payment for the week, 48 hours prior to the Market opening. There N a limited amount of electricity available from the municipal building. Vendors must provide heavy -duty, grounded cords and a heavy -duty, grounded connector. Cords exposed in footpaths or areas of vehicular traffic must be covered with plastic heavy -duty covers. 15. Vendor Behavior: All vendors must dress--appropriately for a family market setting. No consumption of alcoholic beverages, tobacco or'recreational drug use is permitted on the Market premises, which is the property of the City of South Miami. No sale'or display'of pornographic materials is permitted. The use of profanity, loud, rude, disruptive or threatening behavior, or loud music by any vendor or participant in the market is strictly prohibited -The carrying of weapon(s) of any kind, possession of any item defined as a. weapon, whether Illegal or not is strictly prohibited.% Vendor tables must be staffed. at all times.' MlAmi FA12MEV61 VET Market Agreements 16. Vendor Clean -Up: Vendors are responsible for removal of all trash related to their stand. The Market is a zero- waste, sustainable event making all efforts to minimize or eliminate waste going to landfills. Compostable materials and recyclable plastic, paper, and metals will be collected by the Market. Vendors are advised to firing their own trash receptacle for all non - compostable, non - recyclable trash. 17. Vendor Application Procedure: Vendors must submit one application for the Market. Applications will be reviewed by Earth Learning and the South Miami Green Task Force. Once accepted, vendors will be required to make payments at least 48 hours prior to each Market day. 18. Signage: Each vendor is responsible for their own signs advertising their products and pricing. Each vendor shall display all required licensing and certifications for their products. 19. State Sales Tax and Food Handling Permits:Vendors are responsible for obtaining and displaying all permits required by State or County agencies for the sale of their products. Copies of permits and licenses must be provided to the Market Manager with vendor applications. if a vendor does not follow state guidelines for food handling, they will not be permitted to. participate in the Market. 20. Parking: Following loading/unloading, vendors' vehicles must be removed from the loading/unloading area. Off -site parking will be the responsibility of vendors, and must not Interfere with customer parking. 21. Agreement with Adjacent Businesses: If a neighboring merchant business files a complaint with the City of South Miami about a particular vendor selling products that Interfere with their business, the City and Earth Learning may ask a vendor to no longer participate in the Market. 22. Insurance: Earth Learning has general liability insurance in the amount of $1,000,000 pursuant to permit requirements with the City of South Miami. This insurance protects Earth Learning and the City of South Miami. Vendors should carry their own general liability insurance which covers property damage, personal injury and product liability. Enforcement of Agreements : The Market Manager is responsible for enforcing the Market Agreements. Possible violations will be discussed and resolution attempted. Vendors selling prohibited items will be asked to remove those items from sale or leave the Market. Unresolved problems will be referred to the Market Operator /Committee. Continued violations will result in being banned from the Market with no reimbursement of fees paid. Any vendor challenging another vendor's product's legitimacy or conduct must file a written complaint with the Market Manager, giving the name of the vendor and the product or situation they feel may not be in compliance with Market policies. The complainant must date and sign their name to the complaint and the Market Manager will attempt resolution. If resolution is not possible, the complaint will be referred to the Market Board. 1 understand and accept the conditions set forth in these Market Agreements. Signed: Date: 41 Page i" MAWET Market pees 1. Ten -foot x ten -foot (10'x10') stall spaces: a. Prepared Foods: $75 per Market day b. Artisans /Green Technoiogy /HealIng Arts: L $50 per Market day for for - profit H. $25 per Market day for community groups 2. Exhibitors 61 Tables (non- profit & community groups with no vending or fundralsing): $10 per Market Day 3. The-.Stand (Central tent for Local Farm Products): $150 per Market day Vim• Seasonal and annual rates are available. Vendors paying on a. per Market day basis must pay their fee by 5:00 pm on the Thursday preceding Market day and pick up their display permit Market morning. ,E�Fb' - CERTIFICATE ®F 1LIABILITY, INSURANCE CATLe(MHYODMI0 t,,.... -! 11/17124}10 PRODUCER Fax# 305••444-B811 Ph—A 786 -200 -3746 THIS CERTIFICATE IS iS,%MD AS A MATTER OF INFORMATION Global Insurance Solutions ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1421 W 8th Street, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #,3 Miami, FL 33135 ILLS Earth teaming Inc. 8201 SW 99th Court Miami, FL 33173 4NSURERS AFFORDING COVERAGE I NAIL # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE t=RED 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RaSR WEECEINMANOW POLICY NUMBER POLICY POLICY (RATION LIMrTS f G!ENERALLSABL"Y' SACHOCCURRENCE $ i'000,000 V COMMERCIAL GENERA LIABGtTY CLAIMS MADE M11 OCCUR PREMISES Ift D ITanpal' $ 100,000 MED.EXP one ) $ 55,004 4200502743 11 -16 -10 11/16/2011 PERSONAL &ADvINdURY s1,000 000 GENERAL AGGREGATE S 2,00Q,000 G/ERLAGGREGATEUMITAPPLIESPER: PRODUCTS- COMPWAGG 51.000,000 r7V POLICY PRO LOC AUTOMOSU LIAShJTY ANY AUTO StNGLELIMCT 5 BODILY INJURY (Per p—n) 5 ALL OWNED Antos SCHEDULED AUTOS BODILY (Perg� HIRED AUTOS NON -O MJED AUTOS PROPERTY DAMAGE (Per e S GARAGELIAORM AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC 5 ANY AUTO $ AUTO ONLY: AGG EXCESSIUMORELLALtABRJTY OCCUR CLAIMS MADE FACHOC'CURRENCE S AGGREGATE S $ S DEDUCTIBLE $ RETF.NITON S WORKERS COMPENSATION I WC ATU- OTH• MP AND ELOYMMLIABIUTY YIN ANY PROPRIETORfPARTNEWM- CLnrvE OFFICERIMEMBEREXCLUDED7 �J (Mandalay In NH) 9yea, dasafte under SPECIALPRMIS11ONS ,. EL EACH ACCIDENT $ E.L DISEASE - FA EMPLOYE4 S E.L DISEASE - POLICY UMIT S OTHER , DESCRIPTION OF- OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSE MENTt SPECIAL PRDVISIDNS Additional insured Endorsement CG 2010- City of South Miami 6130 Sunset Drive South Miami, FL 33143 SL•IOUL.DANYOF THE ASOYS DESORIBSD POttCWS BECANCM : an BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER HWED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE. NO OBLIGATION OR LIABILITY OF ACI KIND UPON THE INSURER, nS AGENTS OR ®1988 -2008 ACORD The ACORD name and logo am registered sharks of ACORD reserved. RESOLUTION NO. 39-11-13353 A Resolution of the Mayor and City Commission of the City of South Miami, Florida concerning an application pursuant to Land Development Code Section 244.3(n) to permit the installation of a banner over Sunset Drive to promote a Farmers Market to be held on every Saturday beginning on February 19, 2011, and requesting a waiver of the application fee; providing for an effective date. WHEREAS, pursuant to Land Development Code Section 20- 4.3(N) `Banners over rights -of way" all non -profit organizations proposing to display a special event banner over a City street must submit a Banner Request Application; and. WHEREAS, the applicant, Earth Learning, Inc.; a non-profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote its Farmers Market Program which takes place on every Saturday 9:00 AM to 2:00 PM in front of City Hall beginning on February 19, 2011; and WHEREAS, the submitted application - contains the required insurance statement, non -profit certificate, and WHEREAS, the applicant, Earth Learning, Inc., has requested a waiver of the $300 application fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Farmers' Market event. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section. 1. That the banner request submitted by Earth Learning, Inc., a icon -profit organization, requesting approval to hang a banner over Sunset Drive at 5995 Sunset Drive in order to promote the Farmers Market Program which takes place on every Saturday 9:00 AM to 2:00 PM in front of City Hall beginning on February 19, 2011 is hereby approved for hanging during the period February 16 -March 2, 2011. Section 2 As requested by the applicant the $300 application fee is hereby waived. Section 3. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 15!, day of February, 2011. Res. No. 39 -11 -13353 ATTEST: CITY ATTORNEY AS TO FORM 4 2 XAComm lteMV01112- 15- 111Banner Farmers Market Resolution Revised.doc APPROVED: — /k� awar"i MAYO Commission Vote: 4-1 Mayor Stoddard: Yea Vice Mayor Newman: Nay Commissioner Palmer Yea Commissioner Beasley: Yea Commissioner Harris: Yea - � f Ebbs f �.tIL FS % CITY O s 1SOUM AM PI.AMUNG and ZOMNG DEPARTNEIT 6131# Suwet DDrhe,&utbL N,l W4F1 331.43 305-G63 -6326 Banner Request Application Appiicatbn Ex thepurpose ofrequ mong approval to &?lay banners overpublic streets pronzodas events as set fortis in Or8'm=e No, 10-07 -1911; LDC Section 20 -43QO Attaehed Name of Xot for profit f-- Or�tnisatiorf i Adt]rgren atioa eontactPerson Martz) �A e 2;- Title -,►e. lx re re bone 3c�S r~ 3 Z3 Fi�S Briefly describe event for which you wfth to displag a banner = South lYJEiami. pc t rib¢ V ke- [A ,2J r all Vent da s) on Dates banner to be displayed to %ation(s) On b i ✓c- CC- A fee-of $3110 per banner is required to cover cost incurred by the City to hang, and remove iXte banaerr. Received by Check # A'f'TrACEEN2S REQUnM: Proof of insw-ance Reed Z_ PAV Banner Design Qncluftg wvordinjjs Reed ;-- Proof of current Nov -Pro %i Corp. Status Reed:z::109Y a Banuers wits be displayed 10-14 days before the aftrt sed event takes place; � banners will be removed by the City after the end of the special event. • Banner Sp."Hicallons: 36 feet long x 3-4 feet wide, 60 feet of Yz inch nylon rope WM } hooks and the-banner must itaveveuts. City Commission Approval ResolvRon No. � Date ' Date i City Manager C" bee stgrredby ozy MenogvrjwA whWggpmvat by C1ty Commission) RAL 12=2010 ximl �:4FarmstP�BomraAppllcatfon.�oa D��Dz� Ai CERTIFICATE O LI�31LIV INSURANCE �i17�01 PRODUCER nx# 305 - 444 -8811 Ph—S 786 - 200 -3746 THIS CERTIFICATE IS ISSUED AS A MATTER OF. WORMATION Global• Insurance Solutions ONLY ARID CON�RS 'NO RIGHTS UPON THE CERTIFICATE TE VE �EDS TP OpR 1421 SW 8th Street ALTER THE COVERAGE HE POLICIES Suite #3 Warni, FL 33135 INSURERS AFFORDING COVERAGE LAIC # MMED Earth Learning Inc. muRERA: Catlin Special Insurance Company 8201 SW 9M Court mm was a. FL 33173 CaV)aQarFs THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMSNT. '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 1S SUBIECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POU=. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ALT R 9OFtN6U2ANQE POLICY NUMBER POIi D 11 -16 -10 d 7 N LIWM GWERALUAEIUTY COMMERCIAL GENMRAL LIABILITY CL WS MADE G6 OCCUR 4200602743 11/1612011 FACHOCCURRENCE 31,000.0 0 ED a�i m $100,000 MED LXP on ermn) S 5510W PERSONALS, ADV INJURY . S1,000,000- GENERAL AGGREGATE 52,000,000 GWL AGGREGAM LIMIT APPLIES PM -71 POLICY Im LOC PRODups.CdMPIOPAGG 0 1000,000 _.. _..._. AU30MOBILELIABK iY ANYAUTO ALL OVOM AUTOS 8CHE13VMAUVOS HRED ALI M NON -OWNED AUTOS - -- .._........... .... ., IT I� 5 WS Y INI 1RY S Y S _ .._. _ ... _..._.....- - — GARAGBLIABOM ANY AUTO AUTO ONLY - EAACCIDENT $ p7}�E�n1 EAACC AUTO ONLY AGG $ S ]EXCESS IUAMRELLALIABIL" OCCUR ❑ CLAIMS MADE D OLICT18LE RETENTR)N S EACH OCCURRENCE S AGGREGATE S ' 3 S S WORKERS COMPBNSARON AND EGlPLOYERS' LUSBIUTY ANY PROPMETORIPARTNEMIFXECLI IVE i1rMp InNH1 LUDED? SPECWt PRaOVIStONSWoMi 6TATU• OTH- E.L. EACH ACCIDENT i E4DISEASB- EAEMPLO S E.L.DISFAbt- POLICYLMO 8 OTHER DMMPnON OF OPERATIONS! LOCATIONS / VENfCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVw4NB Additional Insured Endorsement CG 2010- City of South Miami S.Aty of- -UmuI tv"a[III SHOULDANYOFTHEAROVEDESCRIBEDPOUCIESBECAMMLEDBEFOREMEXPIRA 'nON 6130 Sunset Drive DATE THEREOF, THE ISSUING MSURER WILL ENDEAVOR TO MM 30 DAYS WRITTEN South Mlaml, FL 33143 NOT109ToTHECSRTURCATS HOLDER NAMED TO THE LEFT , BUT FAILURE TO00SOSHALL IMPOSE NO OBLIGATION OR UABILr Y OF ANY WND UPON THE INSURER. ITS AGENTS OR 26 (Z009I01) 01988 -21309 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcyges) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such eridorsement(s). If SUBROGATION IS WAIVED, subject to the terrhs 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 28 OTHER REGULATIONS 20-4.3 (N) Banners over fights -of -Way. (1) Organizations wishing to display a banner over rights- of-way in the -City of South Miami must submit to the Plan»i Deb artment a "Banner Request° application at least thirty (30) days in advance. (2) The city commission will review all requests and will determine whether the request conforms to the following guidelines: (a) Only not for profit organizations may display banners, (b) Banners for no more than three (3) special events shall be displayed at any given time; (c) Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes pl. ace; banners must be removed within. five (5) days after the end of the special event. kon: -a#�_ 17 Yed b - =. osed -.loci must,Tze;. ems_..• � �.�� the city- commission, and must be submitted along with request. (3) The organization displaying a banner must provide proof of public liability 9nsurance naming the City of South Miami as additionally insured for the period of time banner is displayed. (4) 'Ihe organization, must pay a ? fee in advance or the actual cost incurred by the city to hang and remove the banner. The city commission may adjust this fee from time to time in order to reflect the current costs of installation. The city or one (1) of the firms approved by the city to hang and remove the banners will be the only entities performing this task. (Ord. No, 1 -91- 1466,1- 15 -91; Ord. No. 9-92-1504,5-19-92; Ord- No. 4- 93.15133, 6 -1 -93; Ord. No. 18-93 -1544, §§ 2, 3, 11- 16 -93; Ord. No. 19 -96 -1619, § 1, 10 -1 -96; Ord. No. 6 -98 -1654, § 3, 4- 21 -98; Ord. No. 9-99 -1683, §§ 2, 3, 5 -4-99; Ord. No, 22-01-1753, § 1, 7.0 -2 -01; Ord. No. 10-07 -1911, § 1, 5 -7-07) INT?MML REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: DEC 0 8 2 EARTH LEARNING INC 8201 SK 99 CT ' MIAMI, FL 33173 ' Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number. 57•- 1170959 DLN: 17053126012015 Contact Person: JOY M HLAVATY ID# 31495 Contact Telephone Number: (877) 829 -5500 Accounting Period Ending: December 31 Public Charity status: 170 (b) (1) (A) (vi) Form 990 Required: Yes. Effective Date of'Exeniption: June 11, 2003 Contribution Deductibilityt Yes Advance Ruling Ending Date: December 31, 2007 we are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 50%(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. -You are also qualified to receive tax deductible bequests, -devises, transfers or gifts under section 2055,'2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section Sol (0)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, support Schedule for Advance Ruling Period. You will have 90 days after the end.of your advance ruling period to return the 'completed form. we will then notify you, in writing, about your.publio charity status. Please see enclosed Information for Exempt Organizations Under Section S01(c)(3) for some helpful information about. your responsibilities as an exempt organization. If you distribute funds to other organizations, your records must show whether they are exempt under section 501(c)(3). In cases where the recipient organization is not exempt under section 501(c) (3), you must have evidence the funds will be used for section 501(c) (3) purposes. Letter 1045 (DO /CG) I.. -z- EARTH LEARNTIM INC if you distribute funds to individuals, you should keep case histories showing the recipient's name and address; the purpose of the award; the manner of selection; and the relationship of the recipient tcl any of your officers, directors, trustees, members, or major contributors. Sincerely, Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) .Statute Extension Letter 1045 (DO /CG) Planning and Zoning Department 2011 CrrY OF SOUTH YHAAH STATUS: BANNERS OVER ER RIGJILJ.'T -O.IL' -WAY 2011 Applicant Submittal Event Event Banner Location of Commission Commission Date Date(s) Hang Dates Banner Approval Resolution Date No. Beaux Arts- l l -1 -10 Beaux Arts Jan, 8-9,2011 Dec. 24, 2010- 5800 Sunset Dr. November-16, 238 710 -13272 Lowe Art - Festival UM Jan 9, 2011 2010 Museum UM S.M. Rotary 9 -23 -10 SM Rotary Art Feb. 26 -27, Feb-12-27, 5800 Sunset Dr. December 7; Club Festival 2011 2011 2010 265-10 -13299 Fairchild 1 -7 -11 Chocolate Jan.. 21— 23, Jan. 19 — 23, 5880 Sunset Dr. January 18, 13 -11 -13327 Gardens Festival .2011 2011 2011 Fairchild 2 -8 -11 Orchid Festival March 11 -13, March 1 -13, 5880 Sunset Dr. February 15, --- -- -_ -- --- Gardens 2011 2011 2011 Earth Learning 2 -15 -11 Farmers Market February 15, February 16, 5995 Sunset February 15, ------- - - ---- 2011- every 2011 - March Drive 2011 Saturday 2, 2011 RESOLUTION NO. 89-11-13403 A Resolution of the City of South Miami, Florida, to temporarily donate City parking spaces, sponsor signage and post the event on the City's website for the South Miami Farmers Market; and providing for an effective date. Whereas, the South Miami Farmers Market is an asset to the City and it was established by the City; and Whereas, the City can erect signs on City property, private property or public rights of way without a permit provided they comply with the requirements of Section 20-4.3 (c)(1) of the South Miami Land Development Code, and approval of the City Manager; and Whereas, the City has nine parking metered spaces that would not be generating any income for the five hours on Saturdays when the market occupies the space in the shade east of City Hall; and Whereas, full occupancy of the metered spaces at this location would only generate one ($1.00) dollar per hour and the loss to the City would be a theoretical maximum of forty five ($45.00) dollars each week, and possibly nothing at all if the market were not there; and Whereas, the market draws parking customers who would not otherwise park in adjacent City metered parking spaces and this revenue would offset the loss of revenue from the nine spaces occupied by the market. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIIiA: Section 1: The City resolves to provide advertising and to invest City labor into the promotion of the market in the following ways, provided it does not cause the City to make any direct payment to anyone and provided the indirect cost to the City is de minimus: A. The City shall sponsor two temporary signs advertising the market on the clock tower in front of City Hall provided the signs and their placement is approved by the City's Planning and Zoning Department and its Public Works Departments. The signs shall be provided by the operator at its own expense and shall be set in place by the operator every week during market hours provided the location and the manner of their placement does not harm City property and provided it is approved by the City's Planning and Zoning Department and its Public Works Departments. The signs shall not be erected unless their temporary installation can be accomplished without causing the City to incur any direct expense. B. The City shall sponsor a banner advertising the market to span Sunset Drive east of US 1 for a period of one month during the summer and one month during the fall provided the location and the manner of their placement is approved by the City's Planning and Zoning Department and its Public Works Departments. The operator shall _provide the banner and Pagel of 2 Res. No. 89 -11 -13403 reimburse the City for the staff costs for erecting and taking down the banner, so the City incurs no expense. C. The City shall list the weekly market on the calendar of events on the City's webpage. D. From June 2011 through October 2011, the City shall forgive lost revenue on nine parking meters for the five hours on Saturdays when the market occupies the space in the shade in front of City Hall. E. From June 2011 through October 2011 during market hours, the market may close the driveway southeast of City Hall for placement of market stalls. Section 2. This resolution shall become effective upon adoption: PASSED AND ADOPTED this 7`h day of June, 2011. ATTEST: Page 2 of 2 APPROVED: 1 COMMISSION VOTE: 3 -2 Mayor Stoddard: Yea Vice Mayor Newman.: Nay Commissioner Palmer. Yea Commissioner Beasley: Nay Commissioner Harris: Yea XA-RMZRIS ATA= ABM RNT' 'Tffl� Agreement is entered into on 4eday of AD e� e . 201E3, between The City of South Ubn* amunicipal corporation CCityj and Earth Learning, Inc. (EL), cohlecdvely referred #o as the Parties ("Parties'). RAMP-MUM WMXM, the City is desirous of having an open air farmer's market {°`h1+ -Aef); and WiffiREAS, the City desires -to engage and retain_ the services of EL to develop, establish, and manage aMarrket at City tali, 6130 Scroset Drive, SouiNiaxrA, FL'33143; THEREFORE this agreement will be for the period, beginning 010 and ending - - l i �/o�P�n�e� , 2Ql 1, with option o£ annual renewal. The Market will be r opemfion l on a weekly basis, each Saturday, beginning December 0, 201.0. Url"ICIADIJ91 1i T. EL will develop, produce, and manage the Market. EL is responsible for recruiting vendors, as well as producing and mamaging the Market. The Market hours will be from 9 am to 2 pm, set-up will begiii at 7 am and breakdowzt concluding by 3:00 pm. EL will leave the site in clean condition and will make every effort not to create waste. Tl. City will provide the following., a . Pre - approved permit(s) for large tents, if needed; Access to public bathroom facilities; Access to external utilities (electrical and water)'whicli does not regt*e any modifications to the existing locations; a At the Cup's 4M=retion it may provide certain nwrketlug andlor advertising. Recycling and garbage bins acrd access to dumpster, should the dumpste r become overflowed due to the Market's use it is the responsbbQ of EL to acquire additional dumpsten to satisfy the additional utilization. TIT. Market Management The Management of the Market is the reVgnsibility of EL with the Market Manager being a person enVloyed by EL who will be responsible for the clay -to -day operation of the Market. EL is responsible for Me monitoring of the Market MataWes perf6rmance and has sole discretion of Wring, retention, and termination of thaVemployee. EL is solely responsible for all actions taken and decisions made by the Malt Manager. IV. Who may sell at the Market: Local producers of susUtWably- grown, fruits, vegetables, and value -added food products (at least 2-year rotmd, with additional value -added food products during the vegetable growing season). I. Prepared food vendors (mir:irnum of four j4]} 2. Local artisans and stwtainably- produced oasis (minimum of six (61) 3. 'Native and edible plant supplies and services (miuimum ofone [1]) 4. Greenlapproptiate technology vendors (rninirnurm of one [i]} S. Comnavity- basedleducstionat organ&ations (minimum. of two [2]) 6. City Green Task Force presence (at i e discretion of the City; one [I) tent) 7. City residents: baeltyard fruits and vegetables, local food vendors, neighborhopd initiatives (one [1) tent at no cost to the city) i V. Permitted market items: Fresh produce, plant items, flowers, baked goods, jeilimjams, preserves, and other non - corrmaerciai food items, described below, maybe sold. Cooking and food. preparation (as- descrz`bed below as "Prepared foods") will be allowed on-site but must conform to all applicable laws and regulations. Artisan crafts (as described below) and green: products and services may be allowed at the sole discretion of 13L. Displays of public merest, such as nutdflonal, stealth or consumer isformation, may be displayed at the sole discretion of EL. 1. Fruits, vegetables, mushrooms, flowers, value - added: a. Very local (25 miles), organically groww, b. Local (150 miles), organically grown; c. Southeast U.S.; organically grown; d. Local (150 miles) conventionally grown: (non GM0)- 2. Artisanr Cruets: a. Local, wand -made with sustai -mbly harvested raw materials; b. Other locals hand -made items with ms€ainably harvested raw materials; 3. Prepared foods: a. Use local, organically -growu produce, meats, and dairy products (non-factory- b. Use- organically- grown produce, meats, and dairy products (noo"factorp farmed); c. Use conventional produce meats, and dairy products (non- factmy%med). 4. The sale or consump€ion of alcoholle beverages on the vaarket site is pxoldbi€ted [emphasis added). EL is responsible for developing the Market policies and procedures pd or to the Market's occouxence upon City property. All policies and procedures will be submitted to the City Manager's Office 15 days prior to the Market's commene meat and approved by the City Manager. Any modifications to the policies must be submitted to the, City. Manager's Office IS days prior to its effect and approved by the City Manager. VI. . 11 s&d fees: See fee schedule, Appendix t; to this Agreement. 'i1.. Sales tax collection: EL will ensure 9W, all vendors conducting business in the Market are made known, that the vendors are responsible for their own sales tax collection and submission to the State of Florida. - V I% Display prices, licenses, product inspect ions; weigbts, measures, and pesticides rules: EL is solely responsible for developing and writing policies related to display of prices, licenses, products inspection cerdfieates, freights, measures, and pesticide disclosures; and will provide, each vendor-with said policies prior to thevendor• commencing work at the Mwket Vendors are required and responsible for obta nkg and properly displaying all permits required by Federal, State, County, and City laws. M is required to ensure that all vendors are properly licensed, and all information properly displayed as requhmdby law. Reporting of accident EL will develop and apply a St mdard Operating Procedure requiring vendors to report any and all accidents to the Market Manager. The Market Manager will assess the dtuatboa and wake the deteramadon of appropriate notifications as applicable. The Market Manager will compile an accident report log and submit a copy of the log to the City Manager's Office will& 3 working days after each event. If no incidents or accidents occurred a negative report is required Each log must be signed by the Market manager stipulating that helshe reviewed the log and concurs with the report. X. Prolu'bited activities. Any activity not specifically authorized by this agreement is not authmrizecl. SbouldEL wish to add are activity dirt is not specifically included in this agreement, then a. letter detalling what the specifics of the activity must be submitted to the City Manager for approval. The City Manager is the sole authorized representat€ve of the City that may approve or deny any additional activity for the Market. M. Violations by vendors: It shall be the responsibility of EL to address any and ail violations of this agreement by vendors. It is the sole responsibility of BL to deal with vendor(s) whom in violation ox EL policies and procedures. EX, is responsiblc fbr enforcing the Market rules and it is the responsibility of EL to ensure that vendors abide by the approved rules. X1L • Live mkimals: The sale olive animals is expressly pxobibited. A:nimais may be brought to the market on occasion for educationd purposes only. Pets that are brought to the market must be bn a leash or property carried in a specialized pet container or transporter. Xffl. Vendor parking: AlI vendor trucks andlor trailers must be unloaded and parked off- site before the Market opens. Vendots are responsible for finding and payi=ng for € their ovm parking. X N. The City, at its sole discretion, may entertains investing effort-ta develop the Market as a premier South Florida green event &i d &Sd antion, EL is willing to meet balf way and put all its efforts into developing a Market ir6utructure with outside fbnding; EL v ll collaborate with the City to fund these investments in inlmstruct ure. market infrastructure might include a stage; bathroom facilities; utilities hookup; large tents for vendors. in this case, then assistance with pre -event setup of and post - event . breakdown of itrastructure- only would be required. XV. EL, in collaboration. with the City, and the Green Task Force, will develop prong In order to build community by engaging audiences in workshops: dialog, healing arts, and participatory activities. EL will meet with the Qreen Task Force regularly for coordination. EL un&rsiands that the Green Task Force is an advisory Committee and under any ei:cumstihoes may approve or deny army modification to this agreement. XV . EL Will provide comprehensive general liability insurance under their Market policy and will list TCSM as additional insured with $1,000,COti 00. XNTIL EL w=ill explore the development of an online social netwodting site with City in order to build Wier comm=unity around The Market and other potential AlICity collaborative initiatives. XVM. EL will collaborate with the City on grants, sponsors, and other fimtding resources fox ibe Maiket XIX Agreement Tem9nation. Either party can teeminate this agreement with 60 days written notice. XX. Notices. All notices, demands, or guests provided for or pied to be given pursuant to this Agreement must be in writing and shall be delivered or sent, with the copies indicated, by personal delivery, telecopy (with confrri melon and additional copy seat by overnight delivery service) or overnight delivery service (by a reputable international carrier) to the parties % follows (or at such other address as a party may specify by notice given pursuant to this section): To City: HeGtor'ivabile, Pb. D. (or the then current manager) 6130 Sunset Drive South Marni, FL 33143 -5093 With a copy to: ' Laurence Feingold, Esq. (or the test curreni City oY) 6130 Sunset Drive ' South Miami, PL 33143 -5093 Maria K ii ender, CSC (or the then ameat City Clerk) 6130 Sunset Drive - South Maa3i, FL 33,1443 -5093 To Earth Learning, lzcc.: [desert Name and addressl M A.z mAinent No amendment or modHiw ion of this Agreement shall be valid unless in writting and duly executed by the parties affected by the'amendment or modification. XXrI . Waiver. Any waiver or changes to this agreement by either pang of any breach of any provision of this Agreement must be made in. written form, signed by boift pasties, and shall not be considered as or consft to a contdmkV waiver of any other breach of the same or any other provision, of this .Agreement. XX 'Ii . Severab'�lity: in the event that any portion of this Agreement is illegal or unenforceable, it shall affect no other provisions of this Agreemer�, and the remainder of this AA ,wment shall be valid and enforceable in accordance with its terms. XKIV. Assignment: Neither this Agreement nor any rights under #his Agreement may be assigned by either parry. IN WMqESS WMRROF the parties have executed this agreement on this day of .2010. eLLeammg, �nc- 9201 Sw '• court Ndanu, FL 173 s TdectorA�ta e, Fh.•D: Cisy M(axtager The City of South hfiami 6130 Sunset Drive South Miami, FL 33143 witness X; h aria �. Menendez witness: ' r1 MOLMONlout. 250 -10 -132 84 A Resolution of the Mayor and Citf Commission of the City of South Miami, Florida, direet1ing the City Manager to execute an 'agreement with Ear& Learning, Inc. to establish and operate a Tamer's market wMin the City; and proviriiig- an effective date. VMERFAS, the City Commission} desires to establish a farmer's market within the city to enable its residents to purobam fresh produce and other related items; and WM AS, the City sought proposals from vendors to operate a Armer's market within the City and Earth Laming, Inc. submitted the most favorable proposal; and WEMAS, the City received an Administrative G=t in the amount of $10,000, for the South Miami l:`armer's Market project. ''WHI+;RREAS, the City will issue a cheek to Earth Learning in the amount of $10,000 and they will alloeate the funds as stated on their letter dated November 22, 2014. NOW THERVOI:.2E BE IT RESOLVED BY THE MAYOR AND CITY COi1,�ffMSION OF TEM CITY OF SOUTH MIANA FLOPMA.- Secifon L The City Kamger shall ocecute an agreement with Larch Learning inc. to establish and operate a farraees market within the City. Se '0 n 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOP'T'ED this 24 day of , Nov. , 2010. ATTEST: APPROVED: Isom 2 �. W1 '� A • CON.iMtSSiON VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner l:Tarris: • i . w ( a r• 4dditlons shown by under'llmne and deletions shown by wvem"g. 3-0 Yea Yea absent absent Yea 20 -4.3 SOUTH MIAMI LAND DEYELOFMI NT CODE Sign, portable outdoor dining. Shall mean an A frame .sign which is permitted for restaurants which are licensed to provide outdoor dining areas on either public or- private. property. . Sign, Portable. Stall mean a sign of any size, type or material which is attached to a vehicle or structure and can be moved from place to place on wheels, skids or similar means; and all signs converted to A- or T frames, sandwich board signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless ' said vehicle is used for normal day - today operations. • Sign, project identification. Shall mean a sign relating to a multiplefamily unit residential project and idbt fying the accepted name`of the project, but which does not include ren al or sales information or tenant or owner names. Sign, projecting- Shall inean any sign affixed to a building or wall in such a manner that its leading edge extends more ilxaxu nine inches beyond the surface of such building or wall. Sign, reaZ estate. Shall mean a sign which indicates a property is for sale, rent or lease. Sign, roof. Shall mean a sign which is fastened to and supported by or on the mansard or shed roof of a building; or any sign erected or constructed as an integrat part of, or essentially integral part of, a normal roof structure; or any sign supported by The roof structure. Sign, snipe. Shall mean a sign of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed or attached in arty way to trees, utility poles or other objects and where such sign does not apply to premises whereon it is Ii Bated. Sign, temporary. Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institutions shall not be considered temporary signs or banners. All temporary signs shall be approved by the Planning and Zoning Department 'which may consider the type of lettering, color, location or compatibility of the proposed sign. Sign, tow away zone. Shall mean a sign posted on private property that warns the public that parking its restricted by the private owners and gives information concerning the tow away policy established for the premises with a private towing company. Sign, window or door glass identification. Shall mean a sign with any display of characters or letters on a single window or door glass, or such sign which is behind and viable through such a window or door glass, including both temporary information signage and permanently erected signage. (C} Exceptions from the Permit Application Requirements found under Section 20- 4.3(X. The following signs or displays maybe ereeted without a permit or review by the City, but shall comply with all structural and safety requirements of the Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: (l) Ciiy erected signage on City property, private property or public rights-of-way, and any- official Federal, State, County or City traffic information, warning or danger signs, _ _ ,� , bandicappsd parking and all other signage required by any applicable codes. Sapp. No. 13 78 s '' olzi- LETTER 1 From: Dale Andree (daleandree @yahoo.conij Sent: Sunday, May 15; 20119:45 PM To: Korth, Jenrilfer Subject: Farmer's market Hi Jennifer, Bn a resident of South Miami. I live on SW 65th Ave. Armick Sternberg encouraged me to write to you concerning the South Miami Farmer's Market. Besides the fact that I love the market for the quality of the produce, the French pastries, smoothies and organic breads and crackers, I love it as a place to gather for our community and meet my neighbors. Unexpectedly, it also turned out to be a place for health information for me: I don't have a regular doctor and recently I was told I should have an EKO but I didn't know where to go for one short of going to the ER The next day I was at the Farmer's Market and there were representatives from South-Miami Hospital giving out information about the 1Women.'s Heart Clinic. I called that Monday and made an appointment. I wouldn't have known anything about that if it hadn't been for the market. Sol* give it "all thumbs up"! I love itll Dale Andree LETTER 2 From: Bixby, Natalie jnbixby @miami.edul Sent: Wednesday, May 25, 20118:34 PM To: Korth, Jennifer Cc: mchael@ehaelcooper.com; Bixby, Natalie Sulbjeei: South Miami Farmers' Market At the South Miami Farmers' Market, my family and I feel like guests, rather than customers. When I go to a restaurant, store, or ball game, I feel like a customer. Your farmers' market is different. It`s not just a place to buy food. Its a place to get to know your farmer,, and team as much as one can about growing, harvesting, and preparing local foods. It's a chance to learn about other city events and activities. It's a forum for questions, ideas, and suggestions with the market organizers, as well as city officials. At the very feast, les a place to feel like you ane part of a community. The South Miami Farmers' Market is now a part of our weekend routine and we hope that it Is here for the long run. Thank you, !Natalie, Buster and Eden LITTER 3 From: tsyr chow [tsyrhan @hotmail.com] Sent: Monday, May 30,20117:36 PM To: Korth, Jennifer Subject: South Miami Farmers Market Dear Jennifer, South Miami has always been a community for me. To create a. healthy one, we need to do what we can to preserve our environment. Growing our own food, buying local, meeting friends for activities, and greening our spaces are all steps, in my opinion, towards the creatJon of a healthy community. I .support the local Farmers Market because it affords us the outlet to do just that We can encourage people to grow more fruits and vegetable and to make arts and crafts by making available. tx.) them a location to sell their products. We hope to attract other tike minded people and continue to cultivate community awareness. The location of the market is also perfect it is easily accessed by public transportation. The South Miami Metrorail stop is a very short distance fham the market. I hope this encourages and enables people to use public transportation. If we persevere, the South Miami Farmers Market can be a model of a very healthy environment for the whole county. We need all the support we can get Thank you for your time, best always, tsyr H LETTER4 From: s gallo [sue4galio@gmall.com] Sent: We&esday,lVlay, 18, 20111:38 PM To: Korth, Jennifer Subject; Letter of support for the South Miami Farmer's Market Hi Jennifer, I wanted to express ray appreciation that South Hami has made a farmer's market available to the community. I have lived all over North America, and visited many, many such markets and have found South Miami's to be innovative and strongly comtnunity minded. The system you have of multiple organic and local producers, of varying scale, all under the green tent is helpful for me as a consumer, and nicely supportive of local producers. I also value that the market offers activities for children and a bicycle valet. It is a pleasure to bike ride to the market with ray son, purchase lovely, local produce and visit with neighbors. Keep up the good work, and please help it grow. Regards, Sue Gallo SW 61st ST 7LETTER 5 From: Jeff Guerra Beffguerra@bellsouth net] Seat: Wednesday, May 18,20112:08 PM To: Korth, Jennifer 11i Jennifer - Please add my name to the growing list of residents who appreciate and support the wonderful South Miami Farmers Market. it`s one of the things that sets this community apart from the rest. A wonderful meeting place, locally grown healthy food,—what more could you ask for? Jeff Guerra 7410 SW 63 Gt. South Miami LETTER 6 From: Len Hirschtritt [leniztt@gmail.com] Sent: Wednesday, May 18, 20115:28 PM To: Korth, Jennifer Subject: Saturday Farmers Market Dear .Jennifer, i have been asked to let you know that i shop at the South Miami Farmers market- and would tike for it to continue operating as it has been. I am: Lenny Hirschtritt 5401 sw 65 avenue miami 33455 Isn't it interesting that the same people who laugh at science fiction listen to weather forecasts and economists? - Kelvin Throop III LETTER, 7 From: affix lafond [aalesly @yanoo1r] Sent: Saturday, May 28, 20111:24 PM To: Korth, Jennifer Subject: Sustainability Hi, I come every Saturday to the So Miami market to shop, i heard your name thru the Belgian lady Anique, and i commend you on a great job for our community. Hoping to meeting you one day: by the way it was a Brat move to move the market from the parking tot to the shade, tees in deed snake a great difference... Regards, Affix LETTER 8 From: Suzanne Koptur [kopbus@fiu.eduj Sent: Wednesday, May 18,20112-42 PM To: Korth, Jennifer Subject: we love the South Miami farmer's market! Dear Jennifer, As a 22 -year resident of South Miami, I can say that the f=armer's Market is the best thing to come along in all the time I have lived in this city. We love to garden ourselves, and do a lot of cooking and healthy eating, and at the farmer's market you have brought together a community of people, many of who do these things, also. In the past I have gone to the Coral Gables and Pinecrest farmer's markets, and the organic market on Saturday In the Grove, but I love being able to just hop on our bikes and come on over, before 1 make my weekend trip to the grocery store. We have enjoyed so much meeting neighbors and friends, and making many new friends, at the market. The central tent with the big table is peopled by the nicest and most knowledgeable Wks, always willing to explain things and talk a little about how to best grow or use the various plants and other produces. One Saturday I enjoyed a stretching session, and we have enjoyed the music and children's entertainments as well. And it has been a real treat to sometimes eat lunch from the Gastropod! i hope that the City will do everything possrole to continue this wonderful new venture. On behalf of my husband, son, and our various relations and visiting friends that have come to the market with us, i send many strong votes of approval for the South Miami Farmer's Market! Sincerely, Suzanne Koptur- Palenchar 7641 SW 65 Pl. S. Miami, Fl. 33143 ,LETTER 9 From Randie Levine [randielevine @gmaii.com} Sent: Monday, May 23, 20118-.48 AM To: Korth, Jennifer Subject: South Afiami Farme:'s Market I have beea going to the Farmees Market since it opened and wouldn't buy my produce any where else. Its a great place to visit with neighbors and a great'outine for the acids! KEEP UP TEE GOOD WORK! Randie Levine LETTER O From: Doug Maelcey [dml031 @gtnail.com] Sent: Wednesday, May 18,20113:38 PM To: Korth, Jennifer Cc: piahiff@bellsouth.net Subject: SM Farmers' Market Hi Jennifer: I hope our Farmers' Market will grow and continue to serve the residents of our community. I feel that it already has brought folks together, and the market`s potential hasn't been reached as of yet. Sincerely, Doug Mackey 6511 SW 58 St. south Miami Sent from my !Pad LETTER 11 From: Leo Malvezzi [leomal@atianticbb.net] Sena Wednesday, May 18, 201110: It 5 PM T cr: Korth, Jennifer Subject: Farmer's market Thank you so much for bringing a farmer's market to South Miami. We love being able to bicycle to the market instead of driving and hope it can grow over time Andrea and Leopoldo Malvezz! LETTER 12 ISMS SttuHo, Inc. Consulting & Writing Services. 6544 SW 781h Terrace. South briard, EL 83143 786.210.9750 'wrijeamounW�ahuo caz�x may 18,.2011 Jennifer .Korth Grants & Sustainable Initiatives City of South Miami South Miami, FL 33143 Jennifer, I welcome this opportunity to write a letter In support of the Farmer's'Market of South Miami. As one who grew up in an area of the country where farm stands were commonplace, I have long appreciated the ability to buy local produce In an open -air environment. Also, I enjoy the sense of community and the chanceto meet friends and neighbors While shopping. I believe that as-a fledgling operation; our Farmer's Market is making a valiant and impressive go of it One suggestion i would like to offer is to expand the number of vendors to create more competitive pricing. Making our city more pedestrian - friendly is an initiative that I heartily endorse. The Farmer's Market creates one more reason for me to leave the car in the driveway and walk to a destination that sells fresh and healthy food items in a convivial atmosphere. i wish to thank everyone involved in making the Market a reality. Sincerely yours,. DDY6V t M..sWLT 5544 SW78th Terrace South Miami, FL 33143 LETTER 13 From: Regina McFall [mcfal123@gmaii.com1 Sent: Saturday, May 14,201112:25 PM To: Korth, Jennifer Subject- famaers market Hi, I just got back from the farmers market, I go every week I can, I was so happy to see it continuing during our warmer months, I hope it continues thru out the summer. The farm freshness and the friendly people make you feel good. It is also a great way to keep our locals informed of happenings in our community. Lets go locai..Sincerly, Regina McFall, south miami resident LETTER 14 We= su nrsky [sum -sky@R yahoo.coml Sent: Monday, April 18, 20119:24 AM To: Korth, Jennifer Subject: South Miami Farmer's Market Dear Ms. Jennifer Korth, May and I have been going to the South Miami Farmers market since the Coral Gables market closed on March 26, 2011. We were•following the Fish/Stone Crab vendor, who said he would be there. We have also purchased items weekly from the Ceviche vendor and 3 of the fruit and vegetable farmers. In speaking with one of the vendors, they complained that thme was not enough business to justify their presence. In addition the stone crab person has not been presenting his best stone crabs, probably, saving them for the Palm Beach farmers market where there is more volume. One vendor said that advertising signs on U.S.1 which has heavy traffic, could be put up prior to the market and taken down after. free parking would be a plus; it is a drawer at the Coral Gables market. In NY's Union Square in the early 1980'x, the square was rundown with homeless, a significant amount of crime, a park encumbered with trash etc.Beca use of the Farmer's market which opened in 1976, Danny Meyer opened the Union Square Cafe in 1985 and later he opened Gramercy Tavern. The ensuing proliferation of restaurants gentrified the area, increased real estate values, and real estate taxes rose with it. This community then attracted people in the arts, education and sciences. After all, who doesn't want to live in a vibrant neighborhood? There has to be a certain critical mass to achieve a successful farmer's market. one'must attract vendors and customers. If there is no advertising, there will be few customers, and the vendors will drop out Should the South Nflam! Farmer's Market lose a few vendors, there will be a lack of diversified products for sale, and critical mass will be lost. I would like to see a thriving Farmers Market in South Miami.. Wishing you success, Sincerely yours, Alan Richter http:/ /nymag comtnymetro /news /anniversary /n 85921 LETTER 15 a From: Kyle Saxon [kylesaxon catlia- saxoncom] Sent-.. Thursday, May 19, 20111.-51 PM To; Korth, Jennifer Subject: South Miami Farmers Market Jennifer, l am writing to express.my support for the weekend farmers market in South Miami. I have Caved in the City of South Miami since 9980, and it is about time that we had something like this. In addition to being a good place to purchase fresh foods, it is a nice way to meet and talk with neighbors. Kyle Saxon Kyle R. Saxon, Esq. Catlin Saxon Fink & Kolski, LLP 2600 Douglas :Road, Suite 1109 Coral Gables, Florida 33134 Phone 305 - 371 -9575 Fax: 305- 371 -8011 kylesaxon@catlin- saxoncom LE`FTER 16 From: Glenn Terry [bettermiamil@yahoo.com] Sent: Thursday, May 19, 20115 :40 AM To: Korth, Jennifer Dean Ms. Korth, We are writing to show our support for the South Miami Farmer's Market. We go there quite often and enjoy the quality merchandise for sale and the chance to meet with friends. Anything that brings a community together, such as this, is a good thing. We also appreciate the many hours and hard work that the marWs many volunteers have put into this project. Glenn & Francesca Terry, Coconut Grove LMER 17 From: brenda. yates jbrendayates@bellsouth net] Seat: Wednesday, May 18, 20112:32 PM To: Forth, Jennifer Cc: 'Pam ' Subject: RE: letters of support I would like to offer my full support to the continuation of the South Miami Farmer's ]Market. As a mother of four young girls, our Saturday morning begins with a trip to the marketto buy fresh vegetables, Bruits and breads. 1 am impressed with the variety and consistency of the local goods and consider the market as not only a grocery run but an educational trip on sustainability. As l tell the neighbors, they are surprised and pleased with having the market in town. Please keep the market going and offer support to advertise and get the word out. Thank you. Brenda Yates, AICP, Yates & Company . 6045 SW 6P Place South Miami, FL 33143 P: 305 -446 -0406; F: 305- 476 -1519; C: 786- 258 -6500 LETTER 18 From: Dr. AV [oxford00 @yahoo.com1 Sent: nursday, June 02,20119: 10 AM To: Korth, Jennifer Subject: SM Market Move Thank you so much for moving the SM Fa'rmer's Market to the tree shaded parking lot In front of SM City Halt. The improved location makes shopping more enjoyable & cooler] We are glad that the move was done but regret that it should have been sooner. Regards, P. Villamor, PhD. M: Vlllamor 1. Villamor APPENDIX2 Earth Learn'i�g Expenditures for the South. -Miami. Farmer's Market under the Health Foundation. of South Florida Grant Earth Learning Expenditures for South Miami Farmers' Market under the Health Foundation of South Florida Grant Up to March 30, 2011 Advertising Tent Supplies SNAP /EBT Nutrition Ed EST Wireless Card Reader EBT related Outreach EBT related Advertising Total 10,000.00 8,646.98 1,353.02 Remaining, Budget - Spent to gate Balance 4000.00 1,994.10 5.90 3,200.00 3,200.00 800.00 782.65 17.35 4,000.00 2,670.23 1,329.77 414.99 417.25 296.72 1,541.27 Total 10,000.00 8,646.98 1,353.02 .� . ��" �t�s� .,, ��.�: CNECK 1334 Date'. 1/18/2011 Amount: $ 500.00 . R coat c �+��jj.� 1334 i�l L,l7ii�ea n Its MM 30 . �dedtcated m tr��ne a eutwre permana+�a Saassr,.asrc 1111t2t2'i1. 82OY S�33Y73 8 Tom BdibieftthFlorida *`sOO,4a Vi'1VGiiOP rwe Hundred and Oa7 LNRfA 'MiMM1M�tM1MNMAM\dN[' � =� W l~til Ile South Florida ! �,: 18x5 Ponce do Leon BLVD ' PMO 374. 11,001331,40 1C2r2;O8a554re . 41176iai3563irs m 4 "F. C i Ad you know... Check image files may W automatically saved on the hard drive of this corMuter. If other people use is computer you should delete these files so that no one will have access to your check images and account CHIrCK 1334 CHECK 1340 Date: 1/1412011 Amount: $ 200.00 0 efibanic xi &ACE led WWIa201sit7a vmw.�tittear+�gotg PAY OF Swat wMr dobse w G+s t4z AAJ "t' �fl�•b�� ' nO.OQ OMER WO Hundred ad uW �y�i �N M��s�ar ��. a�ixrr��raaAllw�aw�+ a�a* sa» kin�VUr�kawMlw�lfwMSNa�rA��Nf1Ni lRNt++M�s�i• South Muff ObsWor �I Pt4nf OM 1340 xi DOUAM aOoattRM2 q'.IMMEMO itnoonD w000so ...• t his w i 14 t: a . r • 0��37s,�i o ��W m'�' _.....__ .._.__............ _._._ _. ......._.._..___................... aid you know.. Check image files may be automatically saved on the hard drive of flue computer. If other people use his computer you should delete these files so that no one will have access to your check by ages and account r�ormatkm. Leans more. CHECK 1340 CHECK 4375 Date: 319/2011 Amount: $ 44.10 J& 0 d tabanl( dedkaWtoiA#sirtngaa aeatpgtm2neWe 6346655.2660 PAY TOTRE 8?A3 $W99 Catut�R+ 833178 ORMOP moo 00O L378,40 IMMORS5341: g r; MG85s 44% I P-i-t gam ` 1376: f $ # 0 1 :Did you know .. Chectc Image fifes may he automatically saved on the hard drive of this computer. If ocher people use `this computer you should delete these files so that no one will have access to your check images and account omiation Learn; more. CHECK 1376 kf ;"41,4000"'n- Ut�E,�, PPODWO-MONIMPL Holm, :.�+� i 1' Rhonoo wrwwov. om Fo" MW d M, "Oow, Nom. r FAWYNwablar 06 ft NNW t m O.W., Mon MOAPOW -S VA, I Ot PAM' At 6wilftOnnegfftdf�$ Itob 20,2M Feb%dprvAoI*#v2- Awl Cott: upyow- 04; 11 94T WOrk. *r — Ire,* s. 2 1� i ie -t J. MIMK :n The South Miami Farmers' Market Year One Report Executive Summary The South Miami Farmers' Market is a place where on a weekly basis community organizes around local, sustainable food. The Market encourages small, local growers, develops local micro - businesses and builds community. The focus on local foods and sustainable practices distinguishes this market from all others in the area. The market received a $io,000 grant via the City of South Miami from the Health Foundation of South Florida for farmers market start-up, marketing and EBT. In the first year of the market, it has grown slowly to have a small but steady base of high quality vendors and loyal market - goers. The feel of it and the quality is such, that the Miami New Times recognized it as the Best Farmers' Market for 2011. Compared to other markets that started in the same year, we have done exceedingly well. We have soon over 1S,000 visitors in the last 11 months. We have a pool of over 6o vendors that have attended different times of the year. We have covered our direct cost of running the Market, are projected to cover 1o% of our administrative costs, and look forward to expanding and thriving in years to come. In no uncertain terms, the success of market has been the result of a collaborative effort between Earth Learning and the Green Task Force Farmers' Market committee. The Farmers' Market Committee has been a source tireless devotion week in and week out. Welcoming market - goers, taking pictures for FaceBook, gaining feedback from residents, and bringing life to the market: live music, free plants and seeds, children's activities, information and education, programming like Earth Day, regular yoga and qigong, workshops in gardening. Earth Learning's Community FoodWorks Apprentices and friends have brought a wide variety of cooking demonstrations and skills -based workshops and the South Miami Hospital continues offer monthly health screenings. There is a wide range of food available - fresh local organic and conventional vegetables, fruits, and eggs regularly, usually some locally prepared food, and sometimes meat and seafood that is locally and sustainably produced. Local farms grow crops appropriate to the region that are healthy for both the land and the eater (oyster mushrooms, Malabar spinach, sweet potatoes, collard greens, carambola, avocado, roselle, mamey, key limes, honey). One of the vendors offers fresh vegetables used in traditional Hispanic dishes (jicama, cilantro, tomatillos, cactus paddles) that are not available in supermarkets. Much of what we offer is below retail prices for comparable items, even at conventional groceries. And most importantly, we always make room for community members to bring in their produce to sell. The Market has been sustained by its vendors, primarily the anchors: The Stand, L'Atalier Gourmet, Crackerman's Crackers, Laura's Produce, many others that have been successful and have participated at the Market a good number of weeks. We have had as many as 18 vendors in the cool dry months and as low as 6 vendors during the summer. One of the keys to our success is that the City has allowed Market to move for the summer, giving it the ability to be adaptive (right -size itself and stay cool). In fact the City of South Miami has been a very welcoming host for the Market. From the beginning, it opened the space for it to exist; drilled holes in the pavement for the large tent to be installed; patiently, but firmly guided our vendors to be compliant with permits; The Manager included the Market his newsletter, and staff helped find creative solutions for banners and signage to bring much needed awareness of the Market. Awareness of the Market continues to grow organically: Word of mouth and visibility around the Market area are critical. We are constantly finding new, fresh ways to promote the Market. We have advertised in community newspapers, in Edible South Florida, listed the Market in community calendars, posted The South Miami Farmers' Market Year One Report information at the Library. We have a very active FaceBook page and an email -based Market Update that is read by over 400 people. We have forged a partnership with Green Wheel Marketing a mobile bicycle advertising and alternative marketing venture, to promote the Market on Fridays and Saturdays. Our efforts to attract everyone possible extend well beyond marketing. We are constantly reaching out to new vendors, nurturing start -up vendors and community -based micro - enterprises, incentivizing existing vendors to commit to 18 -week seasons. The Market accepts EBT /SNAP (food stamps) and doubles the value of purchases up to $zo in order to incentivize those who cannot otherwise afford to buy fresh produce. Active outreach is being conducted to South Miami's lower- income communities in the C.R.A. district to create awareness for this resource and cooking demonstrations are helping educate all on how to prepare the local sustainably -grown produce in easy, creative and healthful ways. Family Day, is a good example of a collaborative outreach effort with The Drug -Free Coalition, where double the amount of people came the Market, ate healthy food together as family, and enjoyed various activities that the Market had to offer. Anyone who has attended the Market semi - regularly can attest to the fact that it is getting better continuously! We expect that it will continue to do so in the coming year with new, committed vendors and increased audiences that enjoy the Market weekly. Specifically, we will attract more local food and artisanal vendors by offering an initial trial period at reduced cost and by nurturing some of them within The Stand or the Community Booth, by offering incentive for longer —term commitments, and by attracting more market - goers to the Market. In order to meet its stated financial objectives, Earth Learning has set a goal of maintaining an average of so vendors every Market, half of which will commit to 18 weeks. We plan to activate a public awareness campaign for the Market. Earth Learning has hired a part-time Outreach Coordinator, we are starting a local food hub, to build relationships with more local farmers and growers (including home growers), and bring an even better variety of sustainably -grown local produce to market, and we plan to bring a more sustained learning programs to further enrich experiences for market - goers. The Market more than ever could the support the City to celebrate its success and continue bringing awareness to all residents of what has become a thriving community amenity. This year we have had two very talented individuals bring their energies to the Market as Market Managers: David Harper, who launched the Market early on and nurtured through the start-up phase and Chelsea Wilkes, who brought her skills to bear on enriching and helping it thrive in spite of a hot summer and less - than -easy summer. Our new Market Manager, Cristina Cortes, a South Miami resident, expert with events and a highly- trained personal chef (trained with Michelle Bernstein), has come aboard an is ready and excited to take the Market to the next level! As was stated from the beginning, as the Market thrives, all funds beyond the fixed costs incurred will continue to be reinvested in enhancing the market - not elsewhere. Our gratitude for all who have played their part to make the South Miami Farmers' Market what it is and will continue to become! The South Miami Farmers' Market Year One Report The South Miami Farmers' Market Story: The Evolution of a Vibrant Community Space The South Miami Farmers' Market exists to create a marketplace for fresh, healthy, local foods, and a space for a resurgence of home - grown, well - informed, active residents and community groups who want to shape a sustainable future for their community. In the Beginning The South Miami Farmers' Market opened on a beautiful Saturday morning December 4th 201.0 with a dozen or so vendors and its central component, The Stand, a large green tent that draws attention from passersby, and sells local, sustainably -grown produce and farm products. Banners and signs attracted a fair amount of market - goers, who very soon became repeat customers. With the collaboration of City staff and with the tireless leadership of the Green Task Force's Market Committee, we got off to an amazing start. In January, the Market had its Grand Opening on January 22nd and our first musical performance, from local musicians singing acapela. We featured face - painting for the children, raffles of market products, began our first seed exchange, and increased our vendors in quantity and diversity. South Miami Hospital made their first of ongoing monthly health screenings. By February, Hannibal, our resident musician began playing his guitar so beautifully and bringing merriment to the Market. The Community FoodWorks Apprentices (beginning farmers) began a long string of ongoing cooking demos, turning people on to creative and healthy ways to prepare what is available at The Stand. We were not having many EBT /SNAP users at the Market, our Apprentices began a concerted effort to reach out to residents in the C.R.A. area to let them know that they could not only use their EBT cards to buy fresh, local produce, but that we would double the value of their purchases, essentially giving them half of the price of food items up to $20. Around this time, we suffered a setback with our signage as we were restricted on the use of A- frames that are so critical to bringing in customers for Farmers' Markets everywhere. Attendance suffered for several months and vendor turnover became higher. In March, had our first band rock the Market for several hours. By this point, we began to learn together with our vendors what market -goers liked about our Market, why they came, and what they enjoyed doing there. Vendors repeatedly commented on the loyalty of the market -goers compared to other markets. It is such a common occurrence to hear appreciation for the Market and the many rich, neighborly interactions that it encourages. They especially enjoy the access to local, sustainably -grown food. It is common to hear appreciation for the high quality of its vendors and the very different, comfortable (human - scale) feel. We received a much needed donated bicycle rack from Mack Cycle. Rounding Out By April, programming began in earnest at the Market: both yoga and qigong were regularly scheduled under the big tree. We kicked off our semi - regular workshop series with a very well attended organic body care class. We celebrated our fist themed market day: Earth Day. How glorious! Children from Ludlum Elementary and Fairchild Elementary displayed their art work and projects, were recognized, and enjoyed the day with their families learning showing us the importance of learning to love our planet (they know better than we do). They enjoyed music, face painting, story - telling by librarians, and all kinds of fun activities. By this point, regular edible and native plants were being sold at Market and traded by community members. Our first community member brought backyard lemons to sell at The Stand. The South Miami Farmers' Market Year One Report May saw our first "Organic Jam:" an interactive musical experience lead by some fantastic musicians that gather under the large tree and invite others to join in. What a groove they have going for hours on end! And market -goers join in as they like to make music. The Stand became an incubator of sorts for new vendors to try out the Market with little investment. In May, we approached the City with a creative solution to our signage challenge: Banners on the clock tower during Market day! It was approved and traffic increased almost immediately. We made our first EBT sale; outreach was paying off. Into the Shade In June, in preparation for the long hot summer, the market prepared to migrate under the shade trees in the parking lot between the Library and City Hall. We were not sure if we would survive the move and even be seen by market -goers as we had to forgo our big green tent that was always so visible from Sunset. But, it turned out to be a wonderful move. The shade made all the difference and our reduced size for summer made it all feel so much cozier. Misting made it a little cooler for market - goers, who still came. Although by now, less people were coming out as school let out for summer. Still, our core (and hardcore) vendors stuck with us through it all ... and their extremely loyal customers helped us all make it through our first summer fairly gracefully! Of course, the fruits of summer in Miami are so worth iV! And, we were named Market of the Year 2os3. by the Miami New Times!!! By July and into August, the cooking demos had turned to all day workshops on cooking healthy French toast to sweet potato leaves to making all types of healthy fruit smoothies. By now, a robust native plant give -away had begun and we had all kinds of neat demos like bee - keeping and container gardening. Lots of activism had begun to arise organically such as voter registration efforts, petitions, including one to make South Miami more bike - friendly (over s,000 signatures collected to date). We hosted an interactive art exhibit, The Tree, were children of all ages were invited to paint their own art work. Falling Back into Place September came around not too soon! As children began returning to school, market -goers attendance began to increase steadily. Story- telling became a regular occurrence by now. We enjoyed a yarn spinning demonstration by Spinning in Public Spaces. Increased activism by local groups, including Moving Planet, came through and enjoyed the Market. And we invited the fall season into full swing by moving back to the front where we started and celebrated Family Day, a celebration that encourages families eating together. A delicious free BBQ lunch of pastured poultry and organic grilled veggies was served up, South Miami's own Levy Kelley. There was a bounce house, face painting and all types of children's activities. Market -goers enjoyed disc golf and non -stop workshops and cooking demos. We traded with a local marketer for booth space and now he promotes us several days a week via an innovative and green bicycle advertising system. We are only part way into October, but we are seeing increased interest from new vendors as well as longer term commitments from existing vendors. Organic Jam is now electrified, so cool! Qigong continues after a brief hiatus and two new features are now part of the Market: a Community Booth that is incubating household ventures that will hopefully become permanent vendors at the Market and a real lemonade stand run by neighborhood children! The South Miami Farmers' Market Year One Report What Makes this Market SO Special The South Miami Farmers' Market is a cut above the rest. We may not be the largest, but we are real, authentic, and truly enjoyable. Real and meaningful connections happen. A sense of community and place is palpable. The quality of our vendors is memorable. They are the engine that keeps us going and keep us here. Some have been with us from the beginning and others come when they can. Some realize that their products don't have a market and others grow their businesses so well that they outgrow us. Many will of course return. We are grateful to all of them for leaving their mark on us. See below for a partial list of vendors. Community happens. People come in all kinds of ways, shapes, and sizes to enjoy a diversity of things. People from all around come on bicycle to the Market: entire families, groups of friends, couples, and singles. Walkers and runners come too. So many pets, mainly dogs, but exotic birds too. Employees from the Hospital come over before or after the shift change to get their produce. There are never bored children; so much for them to enjoy. Such an amazing diversity of backgrounds and cultures come to enjoy the Market. Conversations start up everywhere. All types of exchanges happen. Ideas for business ventures and community improvements unfold. People get to be who they are, they get to know each other and have a chance to find what they need. Sustainability happens too. We have all but eliminated disposable plastic from the Market. All the food is served in biodegradable wares. People have learned to bring their own bag. Very little non - recyclable waste is produced; all food scraps are composted. We create learning experiences for people on how to do more for themselves. We connect people to their food and empower them to make informed choices. And, we get to know our farmers. The Stand makes it possible for farmers (of all kinds) and local food producers to come regularly or be represented; we label everything, so that market -goers know who grew their food and where and how it was grown. Trust happens. And they get to talk to some of the farmers, they learn about new food items and how to prepare them, and about their health benefits. And, so healthy happens. Invariably, in so many ways, how can it not. Physical activity, conversation, real, local, sustainably -grown food, regular check -ups and screenings, music and jamming out, leisureliness, peace of mind for a while, friends and acquaintances, massages, spiritual practices, animal companions, activism, happy children. What better way can we enjoy part of our week? The South Miami Farmers' Market Year One Report Our Market -Goers The South Miami Farmers' Market has seen a conservative estimate of over 15,000 people attending the since its inception December 4th zois. There are so many repeat customers and yet there are so many new faces every week. The diversity of colors, cultures, languages, backgrounds are striking. As the Market shifts from season to season, everything changes. Are market -goers are cultivating community and relationship. They are liking us in person but also on Face Book during the week where they keep connecting with us and with each other. Our Vendor Community Adriana's Orchids Fireman Derek Key Lime Arrowhead Beef Pies Bambi's Kitchen Frank Macaluso's Bee Heaven Farm ** Homegrown ** C &B Farms ** Freakin' Flamingo ** Cafe Luigi ** Gastropod Capt. Greg's Seafood Gerbaud Bakery Caribbean Juices Giangranda Olive Oils Ceramic League Grassfed Beef & Ceviche Parlor Pastuered Poultry Cheesecake Gallery Guacamole House Coconut Grove Farm ** Guara Ki Eco Farm ** Coffman Chiropractic Gypsy Kitchen Community FoodWorks Hani's Mediterranean Complete Chiropractic Organics Crackerman's Crackers* Happy Shrooms ** Dynasty Organic Health and Happiness Bakery** Farm ** Earthy Chic Home Bistro Everglades Seafood Kendall College of Fatima Candles Acupuncture and Massage Kia's Oriental Kitchen ** Kidz Corner Kreative Gardens L'Atalier Bakery* Lamoy Living Foods Lana (Sara Molano) Laura's Produce* Little River Market Garden /CSA ** Martita's Banana Bread Mary Gehm Greating Cards Mr. Dean's Greens Mr. Smoothie Native Plant Society Olga's Local Produce Operation Green Leaves Organic Green Solutions Pasta Amore Possum Trot Rasta Cart The South Miami Farmers' Market Year One Report Recycled handbags Seriously Organic Three Sisters Farm ** Redland Herb Farm* Siggi's Organics ** VitaOrganix Returned Peace Corp Veterans* Ruben's Smoothies and BBQ * Anchor vendors; ** From The Stand Stone Lamps Strickley's Stone Crab Sun Air Cooling The Alexander Foundation Worden Farm ** Reaching Out We've been making a concerted effort, almost from our inception, to reach out to less likely market - goers, who yet do not see the value of healthful food or may be under the impression that Farmers Markets are not for them. We are making a pronounced outreach effort in the CRA community to share with them access to our local bounty and make all aware of the health benefits and the incentives we are offering. At first, people were not taking advantage, so we turned our efforts to cooking demos and giving samples and advertising and more signage. Also, we began canvassing the community and connecting with churches and community groups. The word is finally getting out, although there is so much work to be done. We know this because the usage is still relatively low however there has been a significant increase since our first sale. Our first sale was $13 at the beginning of summer (a relatively slow period) to a total of over $600 by the end of September and projected to double by December. An Extraordinary Collaboration Putting on the Market and transforming the space from an empty parking lot to instant community amenity is an extraordinary feat. And it happens week in and week out, rain or shine. Everyone involved plays their part and it all is self- organized beautifully. The City staff ensure the parking lot is empty. Police open doors to bathrooms and unlock patio. The Market Manager sets up the space. The vendors arrive bright and early to set up their booths. The Stand goes up. The Farmers' Market committee table arrives to direct social activities. Before opening the first set of market -goers trickles in. The signs go up. And action. Market -goers trickle in casually, the flow begins. Code enforcements keeps our vendors on their toes and compliant regularly. Music, workshops happen voluntarily. Our Apprentices run The Stand masterfully. By closing, we see last rush of market -goers as vendors are putting away their goods. Everything is picked up and carted away. You would never know it was there an hour later. The South Miami Farmers' Market Year One Report Finances We are happy to report, that we have almost completed the year and have been able to cover all our direct expenses to date and of almost reached the goal of covering our organizational overhead for the Market. Total Income Expense EBT & EBT Outreach Insurance Marketing Market Manager Permits & Fees Printing & Reproduction Supplies Web Total Expense Overhead for Admin Costs Total Other Expense Net Other Income Net Income HFSF Total Grant Market SMFM 10,000.00 17,920.00 27,920.00 1,175.92 85.44 1,261.36 0.00 914.01 914.01 3,798.93 1,045.52 4,844.45 1,042.50 9,418.99 10,461.49 0.00 500.59 500.59 0.00 110.50 110.50 3,982.65 620.22 4,602.87 0.00 12.17 12.17 10,000.00 12,707.44 22,707.44 0.00 5,212.56 5,212.56 0.00 5,212.56 5,212.56 0.00 - 5,212.56 - 5,212.56 0.00 0.00 0.00 The even better news is that the Market can be financially sustainable! Not just able to cover our direct costs, but able to begin to cover administrative costs, including staff time and office expenses. What We Can Do Better We are proud of our accomplishments, but need to acknowledge that our first year has been a collective learning. Clearly, there are several things we can do better. We can discover new and better ways to reach out to South Miami Residents (all of them) and the larger area as well. We have invented some new ways of keeping our current vendors satisfied and committed, while enticing and assisting new ones to create the same loyal following that the established ones enjoy at the same time ensure the economic sustainability of the Market. We want to keep creating rich programming for market -goers and the public, including a more formalized series of workshops and musical performances.