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Res No 250-10-13284RESOLUTION 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 check 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: CITY CLERK d' AYQ,R COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Barris: READ APPROVED AS TO FORM AND OF ICIENCY: CITY ATTORNEY Additions shown by underlinine and deletions shown by oyerstr-iking. 3 -0 Yea Yea absent absent Yea South Miami MI- AmericaCitu CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER w 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 Finah ial Officer ckp Date: November 23, 2010 Agenda Item No.:_u A Resolution of the Mayor and City Commission of the City of South Miami, Subject: 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. 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 funds 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. Mario Yanez. fwMer &ouceror Elena Naranjo Alfredo Rivera[ 0,0b Finance Director non -profit organization, isa City of South Miami Board of Directors Via email Vanessa Won SowlWOrkx, venemrs/+ffiiK Dion Taylor November 22, 2010 PwAreFwis Eduardo Chavez Dear Alfredo, RF/6T, Mvmi DvdeCnikge Director the Greater Everglades I am writing you this letter to assure you that Earth Learning will take responsibility for carrying Advisory Council the Health Foundation of South Florida grant. We will spend the $10,000 as follows: Deena Blazejack Avtl IWOR out Advertising $2,000; Tents $3,200; Supplies $800; and Nutrition Education and SNAP Incentives Joyce DiBenedetto Colton $4,000• HmrcnEdumror(wrsl Ad�*Mb 1 0,&W We will comply with all the grant objectives, keep records, report back to you on our progress, Carlos Gonzalez and complete the year -end report to the foundation. f yhh PmJ�or, Mbml qdeCdkge ' 8201 SW 99 Court, Miami, FL 33173 Ct 305 323 -8858 It Ct 305 596 -7566 f Email: MarioPearth-learning.org 0 http://earth- learning.org As always it is a pleasure working with you. Eorth Leoming, a solo non -profit organization, isa collaborativethat inspires Regards, people, ventures, projects, and oi il gh ecological experiences dd'' Our mission isto catalyze thetransition towarda Mario Yanez lire - sustaining culture in Director the Greater Everglades Earth Learning Bioregion 8201 SW 99 Court, Miami, FL 33173 Ct 305 323 -8858 It Ct 305 596 -7566 f Email: MarioPearth-learning.org 0 http://earth- learning.org Resolution No. 220-10-13 54 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 Learning, Inc., to establish and operate a farmer'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 Learning, hic., 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: READ AND APPROVED AS TO FORM: CITY ATTORNEY r�. 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: 305.374.7003 October 7, 2010 Mr, Patrick Dulcio Acting Grant Administrator City of South Miami 6130 Sunset Drive South Miami, FL 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'Maiket. 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.or I, under Grant 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 ,pg yo r supporters. Peter N. Wood Vice - President of Programs and Community Investments C: Steven E. Marcus, Ed.D, President /CEO HEALTH FOUNDATION of south florida BOARD OF DIRECTORS Karen Gilmore Chairwoman Divine Grossman, Ph.D. Vice - Chairwoman Secretary Omar Pasalodos, M.D. MEMBERS Richard B. Adams, Jr., Esq. Loreen M. Chant Sheldon D. Dagen, CPA James Eckhart, Esq. Arthur Finkle, CLU Philip Grossman, M.D., FACP, FACG Charles M. Hood, III Susan Kelley Richard Lavina Ana Mederos Roymi V. Membiela Claudia Puig Stanley Worton, M.D. STAFF Steven E. Marcus, Ed.D President & CEO Kathy J. Antieau, CPA Chief Financial Officer &Treasurer Shari L. Ganmmn 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.hea Ithyagingsf org PACKET INDEX Within this packet, please find the following information for your review and signature: Special Events Guideline ----------------------------------------------------------------------------- - - - - -- III DepartmentalContract ------------------------------------- - - - - -- ---------------------------------- - - - - -- V Special Events Fee Schedule ------ ------------------------- - - - - -- ... .......... .. VI ApplicationChecklist ............................................................. ......................... . . . ..- VII EventSummary --------------------------------------------------------------------------------------------- - - - - -- 1 Applicant / Sponsor Information -------------------------------------------------------------------- - - - - -- 2 EventQuestionnaire --------------------------------------------------------- ------ -------- -- -- -------- - --- 3 Site Plan / Sketch - - - - -- 5 Notification/ Petition -------------------------------------------------------------------------------------- - - - - -- 6 General Requirements ---.-------_------_-_--------------------------------------------------- _----- - - - - -- 7 Indemnification Agreement ................................................... ......................... . . . . .. g Departmental Approval Sheet - -•-------- ----- --- - -- -- -- ................................ 9 Off -Duty Officers Request Form ------------------------------------------------------------------- - - - - -- 11 Public Right -of -Way Permit Application ------------------- ------------------------------ ------- - - - - -- 12 Parking Meter Rental Application------------------------------------------ ---- ---- ------ ---------- - - - - -- 13 Hanging Banner Permit Application ---------------•------------------------ ------ •------ •-------- - - - - -- 14 Pole Banner Permit Application ------------------------------------------------ - - - - -- - ---- - - - - -- 15 Special Events Clean -Up Deposit ---------------------------------------------------- - - - - -- - - - - -- 16 NOTE: Please ensure that all of the above pages are contained in this packet II SPECLA.L EVENT GUIDELINES 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 to be construed as approval of the request. PERMIT PROCESS: Please complete the following forms in their entirety and submit them to the Parks & Recreation Department Monday through Friday, 8:OOam until 5:OOpm, 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 to 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 industrial 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 event. 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 taking 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 $ 1,000,000 and full force and in effect coverage; the City of South Miami must be listed as an additional insured, in the amount of $1,000,000 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 bleachers 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 stipulation(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 DEPARTN ENI'AL CONTACT LIST If you have any questions regarding your event that were not answered in the GUIDELINES section of this applicant, please contact the proper department as follow: SPECIAL EVENT /MARKETING (305) 668 -7231 DIVISION SOUTH MIAMI POLICE (305) 663 -6301 DEPARTMENT PUBLIC WORKS - -- -(305) 668 -7204 DEPARTMENT ---------------------- ---------- ------------------- -- PARKS & (305) 663 -6319 RECREATION ----------------------------------------------------------------- CODE ENFORCEMENT -------- -- (305) 668 -7335 DIVISION --------------------------------------- PLANNING & (305) 663 -6326 ZONING -------------------------------- --- ------ ----------- ------------- - PARKING /COLLECTIONS -------------------------- DIVISION V ------ - - - - -- -(305) 663 -6343 SPECIAL EVENT FEE SCIIEDULE 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 location, size, attendance, and City personnel requirements. All costs are an approximation and are subject to change. The following schedule of fees will /could 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: Parking Meter Rentals Planning and Zoning Department: Hanging Banner Over Public Street Please note the following: $ 60.00 (Non- Refundable) $ 600.00 $ 60.00 $ 50.00 per hour (3 ormore 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 $ 15.00 per day/ per meter $ 300.00 • 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, parking 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 invoice /receipt) • 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 APPLICAI'I ®N CIECKLIST 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. APPLICATION: Completed Special Events Permit Application, with required attachments, at least 21 days prior to the proposed event O 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. 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. OTHER Complete any applicable permit application deemed PERMIT: necessary for your event, such as: (Check all that applies) Public Right -of -Way F—] Pole Banner Off -Duty Police Officer El Banner(s) Overstreet 0 Parking Meter Rental [—] 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 $1,000,000. SITE A site plan must be submitted with your application PLAN /SKETCH: 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. VII SUMMARY OF 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 City of South Miami's Calendar of Special Events. Application must be submitted no less than twenty -one (21) days prior to the effective date of the event with all required documents. i , nam.p �sc+ ja; "�,a � t,,�' aw,'a a� 5+� v � "7Tu'4� 9➢ vi PLO TYPE P f ¢ :4ku 4 TYPE OF EVENT: [::] Filming F-] Charity D Festivals NAME OF EVENT: LOCATION OF EVENT: Promotion Other: (Please note: write complete mailing address, as well as name of any buildings and /or parks if applicable) Is this an annual event? F-1 No F—] Yes if yes, this is the annual event, previous date EVENT DATE(S): I-d-1-1 b0 ----V EVENT DAY(S): �Nv�fay ACTUAL EVENT HOURS: lam a. m. UNTIL: (Please note: event may not begin earlier hen 8 a.m. or end later then 11 p.m. in residential areas, or midnight in commercial areas) ASSEMBLY DATE(S): ANTICIPATED ATTENDANCE: SETUP /DOWN TIMES: ao—&./p.m._ 3Wa.m.(e TOTAL EVENT DURATION: 5 hrs mins Cell /Phone: / I% �JDo 5�6� Cell /Phone: APPLICANTISP ®NS ®R INFOB IVIA.TI ®N The applicant for the Special Event 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: ?aol 57 d T Cf /'lg,y.r rl- _ -33/73 OFFICE TELEPHONE: 395 - 3aa- 8'9'56- FAX: PRESIDENT: atreAr— /tea t4JVW2- SECRETARY: ADDRESS: I SW Y� tI FL '33173 PRES. PHONE: 3655 3-2-3- 995T SEC. PHONE: EMAIL: /ll Cv� C" %- If the organization is a tenant and /or renter of the event location, please have the property owner complete the following: Applicant/organization owns the event location [--] I give permission for the Applicant/Organization to use my property. Comments: °'A,s %S 4 Property Owner's Name: Property Owner's Address: ,5a v/ 4 Property Owner's Signature: Notary Signature: few-rr- 6Q,� 'd SoJ as ' / UWI Phone: 3e)5-463- 338" 130 5,AI 19r, X,Vv, FL- 2 -16 Ism, EVENT FEE QUESTIONNAIRE POLICE DEPARTMENT YES NO 1. Rr ❑ ill your event obstruct the normal flow of traffic? 2. ❑ Do you expect the total attendance for your event to be over 150 people t any one given time? 3. F-1 Will 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. 6 ✓5 r / "!2/7a Off -Duty Officer Applicant pg. 19 /See Special Event Fee Schedule for cost detail PUBLIC WORKS YES /NO 4. Ir�!'I/ ❑ Will your event interfere with any public right -of -way, such as roads, dewalks, alley, etc.? 5. F_] Will your event require any full and /or partial road closures? If yes, please complete the Right -of -Way Application. (PI se note: any right -of -way closures will require at least one off -duty officer public works employee.) 6. ❑ u/ Will your event require the use of barricades? If yes: how many what type (tease note: all pubic right -of -way closures must have approved barricades) 7. ❑ /Would you like the City to provide you with barricades for you event, at a 96st? If yes: how many 8. ❑ Will 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. Public Right -Of -Way Applicant pg.. 12 /Pole Banner See Special Event Fee Schedule for cost 3 -16 '..Gll H� ' \0 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 loc 'on is within the city's limit. You may call the Planning & Zoning department (305) 663.6326 if you have any question(s).) 10. ❑ Will you be hanging any banners over public streets? If yes, please complete the Hanging Banner Application. (P)ease note: that all requests for banner over public streets must be reviewed and approved by the City Commission, which meets only twice a month.) 11. ❑ Have you notified the event location neighbors about your event? Hanging Banner over Street Applicant pg. 14 /See Special Event Fee Schedule for cost detail VISION YES NO 12. ❑ [go' 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. ❑ Do you have enough on -site parking to accommodate 14. ❑ Will your event involve the use of a shuttle and /o alternate parking sites? Parking Meter Rental Applicant pg. 13 /See Special Event Fee Schedule for cost detail CODE ENFORCEMENT YES NO 15. g ❑ ll you be having an music a /or„�ad-sSGn s during your event? 16. ❑ Vwill your event be starting before 8 a.m.? 17. ❑ your event end after 11 p.m. on a weekday and /or 12 a.m. weekend? PARKS AND RE YES NO 18. ❑ Will this event take place in any of the South Miami City parks? (Please note: A rental fee will be applicable if a City Park is being utilized. R rvations are made through the Parks & Recreation Department (305) 663 -6319 r (305) 668. 7232). 19. ❑ Will this event require the use of any Parks equipment or staff? IFWO SITE PLAN /SKETCH 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. Fencing/Barricades x -x -x 7. First aid facilities + 2. Routes (races, parades, etc.) 4 4 4 4. Restroom facilities R 6. Off duty police officers P 8. Parking Area PA sp-2 "& 5 -16 NOTIFICATION f-PETMON - t 'V Event Name: �5 Au1s Event Date: 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. RINA CWW NO N Approved ❑ Disapproved ❑ Approved ❑ Disapproved ❑ Approved E] Disapproved ❑ Approved ❑ Disapproved E] Approved ❑ Disapproved ❑ Approved ❑ Disapproved ❑ Approved El Disapproved El Approved ❑ Disapproved F—I Approved ❑ Disapproved El Approved ❑ Disapproved El M OU0 i' I Section I • When marking any public street, curb and /or right -of -way no permanent 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 applicant's paper work to note location any food sales volume of noise /music and duration ✓ 72 hour notice given to all merchants whose street would be closed. Please initial Section II ✓ 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). ✓ Cnde Fnfnrraman+ nannrtmant ,will rhar4 nn a�nh + +_ - -b..., '_ 4"-1 -11 ....d... __1 IFA 0 ✓ Barricades: The average hourly rate for 125 Barricades for one (1) day usage is approximately JggM. Please initial Section III ➢ Specific Requirements' All nraani7ntinne cnnn.enrinn snarinl avantc ✓ A majority vote of approval (one -month in advance) by the City Commission will be required for large events. ✓ Deposit of Six Hundred Dollars ($600.00) to defray cost of litter 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. ($100.00 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). ➢ For Grant 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 $45.00 for supervising employee, per hour. Please initial 7 -16 INDEMNIFICATI ®N AGREEMENT THIS AGREEMENT ( "Agreement ") is entered into by and between ( "Applicant "), and the City of South Miami ( "City ") on the date on which the last of the Parties e3recutes this Agreement. RECITALS WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for (event title) rte'„ i y�% pV u A, 47$'' VWi�� te at 61 � 5,,,J DCj'kA (location) on (date(s)) f � /m °`1 r.. ( "Special Event "); and WHEREAS, pursuant to of the City's Code and the City's Special vent Regulations the Appl cant 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: 1. 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 Miami 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 condition 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 signatc i ((ies) on the date set f rth ow. ' ---� AP NTE R NT_ NA 1I PLIC DATE 1^� 8 -16 DEPARTNET,UAL APPROVAL SHEET ACS //CIAI I'f \ I'I I WV oWuIn MIAMI DEFAFMWOOS: 1=acn department will provide estimate of number of persom their department to provide appropriate services for this event, along with an estimate of cost to applicant. oignamre: Date: Amount: $ Signature: Comments /Conditions: Signature: Comments /Conditions: Comments /Conditions: Comments /Conditions: Date: Date: Amount: $ Amount: $ Amount: $ Date: Amount: $ Date: SPECIAL EVENT DIVISION USE ONLY: Permit NO: Event Name: Dale: Resolution NO: No. of Days No. of No. of Total Remaining Til Event: Approved Dep. Disapproved Dep. Estimated Cost Comments /Permit Conditions. CITY MANAGER OFFICE USE ONLY: Comments /Permit Conditions: Authorization Signature: WIN Review 8 Final Approval Date: Amount: $ 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, BE SURE to review each application beyond this page and complete the application if necessary or initial on the top right corner 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. ., . [,q COkPQ RATED/ l %,^ t N r c. Application For: Off -Duty Officer Parking Meter Rental Right -of Way Usage Pole Banner Hanging Banner Refund Request 10 -16 CITY OF SOUTH MIAMI POLICE DEPARTMENT `+ 6130 Sunset Drive, South Miami, F133143 (305) 663 -6301 -' /IC- AWetlas CITY 'z Extra -Duty Police Officers Application A police officer for employment that is indigenous to their law enforcement authority commonly referred to as "Extrazoo., - Duty" 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 hired. The City Manager Office and South Miami Police Department will determine the supervisor to officer ratio for larger events. ➢ 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. ➢ The Applicant must compensate the officer(s) for their 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. ➢ 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 shall compensate officer(s) r full hour worked if the Officer(s) works for more than 20 minutes and /or less 59 minutes beyond the regularly scheduled time oft dvwz ➢ Applicant must notify of a canceliati n r Nueso f a Duty Police Officer forty -eight (48) hours prior to the scheduled date of service. Failure to do so will require the Appli m s e assigned officer for a minimum of three (3) hours. APPLICANT INFORMATION Business /Organization Name Applicant Name Business /Organization Address City State Zip Code Phone EVENT •- • -6n-Site Contact -Person 'Cellular -Number Type-of Event Name of Event Event Location Anticipated Attendance FOR NO, Office: COMMENT: _ POLICE DEPARTMENT SIGNATURE f- S,�S£„ jE0 b£ . ".a NMI b 'r rTp" ... F� C ',�' •_ -r• ^ ^.••.. -. , Nay au cuss ano Tees associates wan true request form prior to the service date(s): Applicant's Signature Date ONLY: 0 APPROVED AS PRESENTED g NO. Radio: 11 -16 DATE DENIED u APPROVED WITH CONDITION Z NO. Hours Estimated Total Cost s r o r a y ek / " = CITY OF SOUTH MIAMI PARKING DIVISION �� 6130 Sunset Drive, South Miami, FI 33143 (305) 668 -2512 Fax (305) 663 -6346 „n Parking Stalls /Meters Rentals Application aooi Pursuant to Section 20 -4.4 (M)(3)(B) 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 Applicant Name Business /Organization Address City State Zip Code Phone Number Nte: ber E -Mail Name of Event: Type of Event: _ Purpose for utilizing par 'n Numbe r of On /Street Number of Day's Start a.m. End a.m. curbside spaces requested: curbside spaces desired: Time: p.m. Time: p.m. nereuy cernry ine aoove intormation 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 information 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 APPROVED AS PRESENTED APPROVED WITH CONDITION NO. Meter Days: S NO. Meter. Z Daily Fee: Comment: PARKING DIVISION SIGNATURE 13 -16 :17� Total Sou[h Ml d CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT F' �'r' d n r 6130 Sunset Drive, South Miami, FI 33143 (305) 663 -6326 Fax (305) 668 -7356 AWAM41118 C119 RR Hanging Banner Over Public Street V Request Form for Special Event goo. 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 application to the Planning & Zoning Department located in the Sylva 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 Miami, 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. e. Name of Non -for- Profit Organization Organization Address Phone No. Authorized Re- presentative Name Event Name: Approximate Installation Date Requested: Event Date: Rep. Title Banner Location Requested: ❑ 5800 Sunset Drive Event Type: thru 5880 Sunset Drive Briefly describe event for which you wish to display a banner in South Miami: Applicant's Signature Date PLANNING & ZONING OFFICE USE ONLY: SUBMITTED REC'D BY: INITIAL Illustration of banner showing height, width of the banner, and lettering ❑ Copy of liability and /or property damage insurance required ❑ Application fee $300 (per application) ❑ City Commission Approval Resolution No. Comment: 14 -16 Comm. Date: South Ml d • F l 1 d CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT th A U•Americs CU M 4795 SW 75 Avenue, Miami, FI 33155 (305) 663 -6350 Fax (305) 668 -7208 11>>= Ver Special Event Pole Banner Application 2001 This application must be fully completed and submitted with REQUIRED attachments,,guch as: copy of a public liability insurance policy and copy of the design with the banner dimensions listed. The $',00 per 10 poles fee also include the installation and removal of banners. S -ZA op Business /Organization Name r 1 AX I , J Authorized R Business /Organization Address City State Zip Code ,wji- r�7 "'?S'3 S' ? v3 ��/ a - -% S�G. (J ll%; Cr 4� � t —IOC i -4,", yam_ Phone Number Fax Number E -Mail Event Name: 0 - Event Location: r` .. Approximate Installation Drate: e , thru Banner Size /Dimension: /K� ( Event Date: Event Type: '7 Total Duration: . 61 Pole Banner Description: S_,14 14 Id y rJ y y lArk, " zr ".: 2 St;e : aineu Rr, F; ... vaCtoss Stre� ;t_:5 ry ,. , `.7..SId "e af45Creeti's;. ,., 2, Pic- 6 z• " 4 &k 4-- v S f !� l� yhberrdi,Sltes` P,les 1I L a " JV s ,!. r�')nl.�:,. CEtj. ie.$ �.NS;.:.'�F"i{'1fiC,Yr'tic•`a"cfi3 �w'�, �I�'.�ii:�.q.� tea a17,t.'r,��£s' ice; 1�4:tC'aiS . �..m � .5"��('S�(P0�85`�'. It:+ Applicant understands that the Banner(s) Installation Period is an estimate. Installation and removal dates are based on workload. Applicant agrees to pickup banner(s) within seven (7) days after the event. The city may discard the banner(s) after the specified period. Applicant understands the installation locations) are approximate location(s). The installation locations) is /are based on site availability and degree of difficulty. The City is not responsible for the condition of the banners) durine this nerind_ "The applicant agrees to hold the City of South Miami, free and harmless from all liability that maybe 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 ari /see �beecause of negligence in the performance of thneon, service, or act for which the permit was issued.PRINT E IC r SFGNAT URV DATE FOR OFFICE USE ONLY: Resolution APPROVED AS PRESENTED [::] DENIED [::] APPROVED WITH CONDITION Permit No. Installation Date: Comment: Removal Date: PUBLIC WORKS SIGNATURE 15 -16 ME Work Order NO, Sou[h Mini¢f dri : CITY OF SOUTH MIAMI �'wi +ter `r1 SPECIAL EVENTS /MARKETING DIVISION 11-America CRY 5800 SW 66 Street, South Miami, FI 33143 (305) 663 -6319 Fax (305) 668 -7388 Special Events Clean -Up Deposit Refund Request Application . In order to receive your clean -up deposit, (or a portion thereof), you must complete and return this form to the Special Events / Marketing Division, no sooner than twenty -four (24) hours after your event. The Deposit of Six Hundred Dollars ($600.00) is to defray cost of litter clean -up. If clean -up is not required and your event occurs without any city damages and /or costly issues, $500 of your deposit may be refunded back to you. A $100.00 non-refundable administrative fee will be deducted from the $600.00 deposit. Event Name Event Location Event Date(s) Event Day(s) Event Start a.m. Event End Time p.m. Time did you utilize services of the City of South Miami for clean -up? were unscheduled Police Officer called out to your event? were there any damages to any city and /or private property? have you paid all the required fees associated to your event? Comments, problems and /or suggestions (if any): Type of Event a.m. p.m. Total Duration If Refund Request Application is approved, would you like the payment to be: Mail Check ❑ Pick -up Check Refund to: (Full Name & Mail Address): "In signing this application, I understand that Refunds will not be processed until this torm has been compiecea ana signed off by designated City Departments. If any cost incurred is outstanding, it will be deducted from deposit and that I will be held responsible for any overages." Applicant's Signature Police Department Public Works Dep. Parks & Recreation Code Enforcement Planning & Zoning Parking Division Total Amount Deposited:$ Total Amount Returned: $ Finance Department Authorized CITY MANAGER OFFICE USES ONLY: City Manager Authorized Signature: Return Deposited Date: Date: Date Approved ❑ Denied ❑ Amount Due: $ ❑ ❑ 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 torm has been compiecea ana 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." Applicant's Signature Police Department Public Works Dep. Parks & Recreation Code Enforcement Planning & Zoning Parking Division Total Amount Deposited:$ Total Amount Returned: $ Finance Department Authorized CITY MANAGER OFFICE USES ONLY: City Manager Authorized Signature: Return Deposited Date: Date: Date Approved ❑ Denied ❑ Amount Due: $ Date Approved ❑ Denied ❑ Amount Due: $ Date Approved E] Denied ❑ Amount Due: $ Date Approved ❑ Denied ❑ Amount Due: $ Date Approved ❑ Denied ❑ Amount Due: $ Date Approved Denied Amount Due: $ Return Portion ❑ outstanding Balance .Review & Final Approval 16 -16 Amount of Service Rendered: Total Amount Owned: Date: Date: A(CO�R" CERTIFICATE OF LIABILITY INSURANCE PRODUCER Fax# 305 - 444 -8811 Phone# 786- 200 -3746 THIS CERTIFICATE IS ISSUED AS ! Global Insurance Solutions 1421 SW 8th Street, Suite #3 INSURED Earth Learning Inc. 8201 SW 99th Court Miami, FL 33173 CERTIFICATE COVERAGE DAM (MWDDNYYY) 11/17/2010 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND. EXTEND OR <,VV GN1 V GJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS AD POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURA CF POLICY NUMBER LIMITS ✓ GENERAL LIABILITY OCCURRENCE $ 1,00Q000 O MHA PREMISESEaoccarence $100,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR MED EXP (An one arson) $ 5,000 PERSONAL SADVINJURY $1,000,000 4200502743 11 -16 -10 11/16/2011 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OPAGG $1,000,000 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY S HIREDAUTOS (P eraccident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESS /UMSRELLALIABIUTY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION S WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L. EACH ACCIDENT $ EL .DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - POLICY LIMIT I $ It yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insured Endorsement CG 2010- City of South Miami 6130 Sunset Drive South Miami, FL 33143 A rnDrt OC tlAAQ /M\ SHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 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 The ACORD name and logo are registered marks of ACORD CORPORATION. All rights reserved. IMPORTANT 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 25 (2009/01) FARMER'S MARKET AGREEMENT THIS Agreement is entered into on /7 'day of A ✓e rka P , 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 1y4 Zkye.,2&2010 and ending / $ /i/tr✓Pm�iC/ , 2011, with option of annual renewal. The Market will be operational on a weekly basis, each Saturday, beginning December 4b, 2010. AGREEMENT 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 3:00 pm. EL will leave the site in clean condition and will make every effort not to create waste. II. 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. III. 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 hiring, 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). I. Prepared food vendors (minimum of four [4]) 2. Local artisans and sustainably- produced crafts (minimum of six [6]) 3. Native and edible plant supplies and services (minimum of one [I]) 4. Green/appropriate technology vendors (minimum of one [11) . 5. Community- based/educational organizations (minimum of two [21) 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 [ I ] 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, may be displayed at the sole discretion of EL. Fruits, vegetables, mushrooms, flowers, value- added: a. Very local (25 miles), organically grown; b. Local (150 miles), organically grown; c. Southeast U.S., organically grown; d. Local (150 miles) conventionally grown (non GMO). 2. 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- factory- farmed); b. Use organically -grown produce, meats, and dairy products (non - factory - farmed); c. Use conventional produce meats, and dairy products (non - factory - 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 modifications to the policies must be submitted to the City Manager's Office 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. VIII. 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. XIII. 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 hook -up; 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. XVIII. EL will collaborate with the City on grants, sponsors, and other funding resources for the Market. XIX. Agreement Termination: Either party can terminate this agreement with 60 days written notice. XX. 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] XXI. 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. XXII. 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. XXIII. 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 /WHEREOF the parties have executed this agreement on this IeO day of �/r7v�/�76r°f 12010. ATTEST: Mo anez,D' cYor V,arth Leaming, Inc. 8201 SW 99 Court MiamirFL 17 3 Hector Mira ile, Ph. D. City Manager The City of South Miami 6130 Sunset Drive South Miami, FL 33143 witness: Maria M. Menendez witness: J G' Market Agreements The South Miami Farmers' Market (the Market) is operated by Earth Learning (www.earthlearning.org) in collaboration with the City of South Miami and its 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 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. 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 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. 1 Page Market Agreements 8. Market Fees: a. Ten -foot x ten -foot (10'x10') 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): $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 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. r � rt Market Agreements Vendors will coordinate with the Market Manager regarding SNAP procedures for all qualifying products sold at the Market. 11. Sustainability: 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; o 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 Ibs 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 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. 31 Page ourm MIAMI s Market Agreements i 16. Vendcr 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 bring 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. I understand and accept the conditions set forth in these Market Agreements. Signed: Date: 41 Page � �'4�1 atr s.: s n t,V ✓ t7, ��' F • %,�& S! ;��.. Market Fees 1. Ten -foot x ten -foot (10'x10') stall spaces: a. Prepared Foods: $75 per Market day b. Artisans /Green Technology /Healing Arts: i. $50 per Market day for for - profit H. $25 per Market day for community groups 2. Exhibitors 6' Tables (non - profit & community groups with no vending or fundraising): $10 per Market Day 3. 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. �+ CERTIFICATE OF LIABILITY INSURANCE PRODUCER FaXll 305 -444 -8811 Phone° 786- 200 -3746 ONLY AND CONFERS NO RIGHT Global Insurance Solutions HOLDER. THIS COVERAGE ATE DO ' 1421 SW 8th Street, Suite #3 n conC nI Jr_ CnVPRAGF_ Miami, FL 33135 INSURED Earth Learning Inc. 8201 SW 99th Court FL 33173 I ca:u TTER DATE (MMIDDIYYYY) 11/17/2010 COVERAGES OF STERM OR LISTED CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY OF ANY CONTRACT OROOTHER BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID DOCUMENT WITH IS SUBJECT CLAIMS, POLICY EFFECTIVE RESPECT POLICY TO ALL THE TERMS, POLICY EXPIRATION THIS OCERTIFICATE MAY BEHSSUEDIOR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS THE ANY MAY POLICIES. POLICIES REQUIREMENT PERTAIN, INSR DW POLICY NUMBER 11 -16 -10 11/16/2011 EACH OCCURRENCE 81,000,000 ✓ GENERAL LIABILITY COMMERCIAL GENERALLIABILITY CLAIMS MADE Z OCCUR " 4200502743 PREMISES jEa xsuronm $100,00 MED EXP (A one a men) $ 5,000 PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE 52,000,000 PRODUCTS -COMPIOPAGG $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) g ANY AUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS BODILY INJURY (Peraccldent) S PROPERTY DAMAGE (Per accident) S NON -UANED AUTOS GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: qGG $ $ EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ $ DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS* LIABILITY YIN ANY OFFICERIMEM ER EXCLUDED? ECUTIVE❑ WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE - PORGY LIMIT $ (Mandatory In NH) If es, desce under SP ribECIAL PROVISIONS belay OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insured Endorsement CG 2010- City of South Miami CERTIFICATE HOLDER Fax# 305 - 663 -6345 Phone# 305 663 -6338 CANCELLATION City of South Miami S14OULDANYOF THE ABOVEDESCRIOED POLICIES BECANCELLED BEFORE THE EXPIRATION 6130 Sunset Drive DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 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 ANA KIND UPON THE INSURER, ITS AGENTS OR 25 (2009101) The ACORD name and logo are registered marks of ACORD