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TO; FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami bt.!,.d ~riri? 2001 H,ctoc M;cob"" Ph.D., C;", M,,_ (If /1 J December 6, 20 I I Agenda Item No.:-=-_7..l< Ordinance 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. On November 24, 20 I 0 the City Commission authorized the City Manager to execute an agreement with Earth Learning, Inc. to establish a farmers' 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 Farmers' Market agreement has a one-year term with the option of annual renewal, at the will of the City Commission. The City desired to amend the existing farmers' market agreement to address numerous issues, including but limited to, City Hall bathroom use, signage, location of market, and insurance. On November I, 20 I I, the Commission was presented Resolution 189-1 1-13503 to amend and renew an agreement with Earth Learning, Inc. to operate the farmers' market within the City for a one year period. However, the City Attorney indicated that according to the City's Charter Article II, Section 6, the farmer's market is a franchise and therefore, requires an ordinance. On November 22, 20 I I, Resolution 211-1 1-13525 permitted Earth Learning, Inc. to operate the farmers' market on the parking lot of City Hall on Saturday, November 26; 20 I I, Saturday, December 3, 20 II, Saturday, December 10, 20 I I and Saturday, December 17, 20 I I. ATTACHMENTS: Farmer's Market Agreement Market Vendor Agreement Resolution 21 I-I 1-13525 Resolution 189-1 1-13503 Resolution 250-10-13284 Resolution 39-1 1-13353 Resolution 89-1 1-13403 1 ORDINANCE NO. _____ _ 2 3 An Ordinance authorizing the City Manager to enter into a 4 franchise contract with Earth Leaning, Inc. for the operation of a 5 Farmers Market on City of South Miami property. 6 7 WHEREAS, the South Miami Farmers Market is an asset to the City and it was 8 established by the City; and 9 10 WHEREAS, the City has previously authorized the City Manager to enter into 11 a one (1) contract with Earth Learning, Inc. for the operation of the Farmers Market 12 pursuant to Resolution 250-10-13284, passed on November 24, 2010; and 13 14 WHEREAS, the City has previously authorized the City Manager to enter into 15 a one (1) contract with Earth Learning, Inc. for the operation of the Farmers Market 16 on City Property, pursuant to Resolution No. 211-11-13525, passed on November 17 22,2011; and 18 19 WHEREAS, it has come to the City's attention that the City contracts with 20 Earth Learning, Inc. were in fact franchise agreements that required the enactment 21 of an ordinance passed with a minimum offour (4) votes; and 22 23 WHEREAS, the City Commission desires to grant a franchise to Earth 24 Learning, Inc. for the operation of a Farmers Market on City property pursuant to 25 the terms of the agreement previously approved by resolution No. 189-11-13503, 26 passed on November 1, 2011. 27 28 NOW, THEREFORE, BE IT ENACTED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1: The City hereby approves the Franchise Agreement between the City 32 and Earth Learning, Inc., a copy of which is attached to this ordinance and authorizes the 33 City Manager to execute the attached Franchise Agreement with Earth Learning, Inc. 34 35 Section 2. Codification. The provisions of this ordinance shall become and be 36 made part of the Code of Ordinances of the City of South Miami as amended; that the 37 sections of this ordinance may be renumbered or re-lettered to accomplish such intention; 38 and that the word "ordinance" may be changed to "Franchise" or other appropriate word. 39 40 Section 3. Severability. If any section, clause, sentence, or phrase of this 41 ordinance is for any reason held invalid or unconstitutional by a court of competent 42 jurisdiction, this holding shall not affect the validity of the remaining portions of this 43 ordinance. 44 45 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and 46 all section and parts of sections of ordinances in direct conflict herewith are hereby Page 10f2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be hamlonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. This Ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of ,2011. ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading- 2nd Reading - READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY COMMISSION VOTE: Mayor Stoddard Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 32 W:\My Documents\resolutions\Ordinance FannersMarket Franchise Agreement.fina1.doc Page 2 of2 FARMER'S MARKET AGREEMENT This Agreement is entered into on this __ day of , 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 fanner'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 LEARl'lING shall leave the site and the Market area in clean condition and the market site shall be retumed 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 a.m. 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 (l0) spots for citizens and/or employees for any training conducted by EARTH LEARN1NG, 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 th 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 Sununer 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 Sununer Market Site, at either end of the driveway/parking area occupied by the Market. 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 October1, 2011 through May 31, 2012, the market shall only occupy the driveway 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 Market 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: .. Pre-approved permit( s) for large tents, if needed; .. Access to external 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 offour [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 LEAIt."JING. 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: I) 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 tax 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 giving 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: With a copy to: To Earth Learning, Inc.: Hector Mirabile, Ph. D. (or the then current manager) 6130 Sunset Drive South Miami, FL 33143-5093 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 Mario Yanez, Director (or the then current Director) 5825 SW 68 th 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 party hereto, or existing at law 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 shaH 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 may be executed in several counterparts, each of which may be construed as an original. 38. Rules of Interpretation: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 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 remain 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 incnrred 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. IN WITNESS WHEREOF, the parties have hereinafter set their hand 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. EARTH LEAR,"lING, INC. WITNESSES Signature: Name: ---------------------------- Title: ATTEST: OWNER: CITY OF SOUTH MIAMI Signature: -c-=--cc-::-:-:-=-------;----=-=---Signature: Maria M. Menendez, CMC City Clerk READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: SIGNATURE: ____ -:::----:::-________ _ THOMAS PEPE, ESQ. CITY ATTORNEY Hector Mirabile, PhD City Manager EXHIBIT A 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 LEARl"\lING 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. 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 (f) Broad Fonn Contractual Coverage applicable to this specific Agreement, including any hold hannless and/or indenmification agreement. g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum 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 West G I ,== -..- Parking City Hall Parking Nil! " = = = S' ii' ", .. f<o Parking East =tJ 0 D Library Exhibit B-1 [. \, , I '--' North West \, \ Parking I n ! Parking South North City Hall ~~ Parking Library East EXHmITB-2 Market Vendor Agreement The South Miami Farmers' Market (the Market) is operated by Earth Learning (www.earthlearning.org) in collaboration with tbe 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 tbe Market are considered vendors and shall abide by this Market Agreement which may be amended from time to time. 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 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-connnercial 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, healtb 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. Restrooms will be made available. 7. Market Manager: The Market Manager will be hired by Earth Learning and will be onsile during the hours of set up, operation, and take down. Any questions or issues that arise during this period will be resolved by tbe Market Manager or, at Managers' discretion, referred to Earth Learning and/or the City of Soutb Miami Green Task Force. 8. Market Fees: a. Ten-foot x ten-foot (lO'xIO') stall spaces: i. Prepared Foods: $75 per Market day ii. Artisans/Green Technology/Healing Arts: I. $50 per Market day for for-profit 2. $25 per Market day for connnunity 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 ree 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) cash made Earth Learning note SMFM." Payment guarantees a reserved space in the market. Ifa vendor cannot attend a market for which payment has been made, cancellation made 48 hours in 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 ofthe 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 connnenced at the discretion ofthe 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 ofthe Market to be welcoming and economically accessible to all members of our connnunity. SNAPlFood 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. I!. Sustainability: First and foremost, the Farmers' Market is an example to all who participate of how a connnunity event can be delivered in a comprehensively thoughtful way, while eliminating or greatly diminishing any negative ecological impact. that: In an effort 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 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, 4& 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 ofweapon(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 ofall 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. Parldng: 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 prodncts 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 Eartb 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 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 the undersigned Vendor understand and accept the conditions set forth in these Market Agreements. RESOLUTION NO. 211-11-13525 A Resolution, authorizing the City Manager to permit Earth Learning, Inc., a non-profit corporation, to operate a Farmers Market on the parking lot of City Hall on Saturday, November 26, 2011, Saturday, December 3, 2011, Saturday, December 10, 2011 and Saturday, December 17, 2011. WHEREAS, Resolution number 27-03-11576, Section 2, requires that all organizations sponsoring a Special Event must receive approval by resolution from South Miami City Commission; and, WHEREAS, the City Commission desires to continue the operations of the Farmers Market until such time as the Commission has an opportunity to address an ordinance approving a Farmers Market Franchise with Earth Learning, Inc. WHEREAS, a Farmers Market Franchise Ordinance cannot be enacted until the week of December 19th , 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to permit Earth Learning, Inc. to operate a Farmers Market on the parking lot of City Hall on Saturday, November 26,2011, Saturday, December 3,2011, Saturday, December 10,2011 and Saturday, December 17, 2011 and the fees are waived for this time period. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22 0d day of November, 2011. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FOfu\1, COMMISSION VOTE: 3-0 LANGUAGE, LEGALITY AND Mayor Stoddard: Yea EXECUTION THEREOF Vice Mayor Newman: absent Commissioner Beasley: Yea Commissioner Palmer: absent CITY ATTORNEY Commissioner Harris: Yea • SummalY of event 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. . TYPE OF EVENT: D Filming D Charity D Festivals D Celebration D Promotion Other: Farmers' Market ---'-'=":' NAME OF EVENT: South Miami Farmers' Market LOCATION OF EVENT: City Hall ParkingL:L::;:o;2.t ______________ _ (Please note: write complete mailing address, as well as name of any buildings and/or parks if applicable) Is this an annual event? ~ No 0 Yes if yes, this is the annual event, previous date ____ _ EVENT DATE(S): Every Saturday EVENT DAY(S): Every Saturday ACTUAL EVENT HOURS: 9 am a.m.lp.m. UNTIL: 2 pm a.m.lp,m, (Please note: event may not begin earlier then 8 a,m. or end later then 1j. p.m. in residential areas, or midnight in commercial areas) ASSEMBLY DATE(S): Every Saturday SETUPIDOWN TIMES: 7 am a,m.lp.m. 3 pm a.m.lp.m. ANTICIPATED ATTENDANCE: 300 all day TOTAL EVENT DURATION: ::.5 __ hrs __ mins Name: Mario Yanez Name: Title: -=:D"'ir.:::e::.ct:::o::..r __________ --Title: Cell/Phone: 305 323-8858 CeIIlPhone: ___ _ Email: mario@earth-Iearning.org"--__ '--__ Email: _______________ _ Farmers' Market, a place where community happens and people connect over local and sustainably-grown foods, music, artisanal crafts, workshops, healthy cooking demos, children's activities and more. 1-16 Applicant/ sponsor information The applicant for the Special Evellt 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. Earth Learning NAME OF ORGANIZATION: ADDRESS OF ORGAN IZA TION: -o::5::::.82::..:;5=:-:S7W;::-.:::6",:8...::S::;tr-=-ee~t'!-;, S""u::;:.it::::e-"-.A-=--:1 ___________ _ South Miami, FL 33143 OFFICE TELEPHONE:-'..,7::..86=--=.23::..;3:...c-2::;.:7:...:8;...:4 _______ FAX: 305595-7566 PRESIDENT: Mario"-'-'-Y.=a'-Cne=:z=--_______ _ SECRETARY:~D~io~n~T:...:a~y~lo~r ______ _ ADDRESS: 5825 SW 68 Street, Suite A 1 South Miami, 33143 PRES. PHONE: :::.3-"-05::.....::3=.23=--.;:8.::8.::,58=--______ EMAIL: mario@earth-Iearning.org SEC. PHONE: EMAIL: Dtaylor07@gmail.com fltlllr1llWllf __ If the organization is a tenant and/or renter of the event location, please have the property owner complete the following: D Applicant/Organization owns the event location D I give permission for the Applicant/Organization to use my property. Comments: iJ/~ / ----------------------------------------------------------------- Property Owner's Name: _________________________ Phone: Property Owner's Address: 2-16 Property Owner's Signature: ______ . ________ _ Date: ---------- Notary Signature: EVENT fee questionnaire POLICE DEPARTMENT ." YES NO i. O· cg/Will your event obstruct the normal flow of traffic? 2. 0 [Q/' Do you expect the total attendance for your event to be over 150 people at anyone given time? 3. 0 ~ 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. Off-Duty Officer Applicant pg: 11 /See Special Event Fee Schedule for cost detail PUBLIC WORKS ... YES NO . 4·0 5. 0 ~Will your event interfere with any public right-of-way, such as roads, sidewalks, alley, etc.? ~ill your event require any full and/or partial road closures? If yes, please complete the Right-of-Way Application. 6. ~~O (Please note: any right-of-way closures will require at least one ofi-duty officer and public works employee.) Will your event require the use of barricades? If yes: how,many =-_----,-; what type TIM if --rfl A{ ff.A.<. .V"~ ..... ':, (IP- 7·0 8·0 (Please note: all pubic right-of-way closures must have approved barricades) [1J/VVould you like the City to provide you with barricades for you event, at a .9ost? If yes: how many __ ~_ []i/ 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 3-16 ------.. --_._-•... _._. __ .. _-_ .. _--_ •.. _---_ .. _._-.--- .. Public Right-Of-Way Applicanipg.12 IPoie E3annerApplicailfpg.15 See Special Event Fee Schedule for cost detail PLANNING AND ZONING n",! YES .NO 9. C]/ 0 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 location is within the city's limit. You may call the Planning & Zoning department at (305) 663-6326 if you have any question(s).) 10. 0 lli Will you be hanging any banners over public streets? If yes, please .~ ) complete the Hanging Banner Application. . (iJi)~ "',,), P'?Jlt\&tVl (Please 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. ~ 0 Have you notified the event location neighbors about your event? iiM ;;;; ;.," Hanging Banner over StreeiAppli;~ni pg.14)See'speCial Even! FeeScheduieforcost detail PARKING DIVISION 12. 13. 14. YES o 'l1'.~. Jsi!\'ii\Si<; .:t'l>. 1, I, NO ~ 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.) o Do you have enough on-site parking to accommodate your event? cg/ Will your event involve the use of a shuttle and/or alternate parking sites? ii!ii ,,% .. ,_,,, ",."', "",,,,,,,,"""".,, , ", ... ,..-u .. "" __ ,. __ ._.-,_n."" .. ..-,_."._,,,. """",._'_, """UP. ,,, •.• ,,,,,,, ... _ ....... "'i, ,,,,.,, .. ,. Parking Meter Rental Applicant pg. 13 /See SpeCial Event Fee Schedule for cost detail CODE ENFORCEMENT YES 15. [2(' 16. 0 17. 0 .;;;:~R. :;c.; =IA4ki . NO o Will you be having any music and/or loud sounds during your event? ~ Will your event be starting before 8 a.m.? ~Will your event end after 11 p.m. on a weekday and/or 12 a.m. weekend? .. , PARKS AND RECREATION .R .. !JP .. l"* ,,,Mi, ;:;; .,,<R;! ;;Wk" M" ,,,Ii ,9. , """",,,MS YES NO 18. 0 ~WiII 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. WA",i,;;;'iH''''WiUi. ih ... 4 ... (Miil ... , ., .. ;4" .. " ., ;i .. ;W,;<:ii.""",,. "".iI 4-16 19. 0 Reser/ations are made through the Parks & Recreation Department (305) 663·6319 or (305) 668-7232). ~Will this event require the use of any Parks equipment or staff? Site plan/sketch A map of the event site is required and should indicate event layout with proposed attractions, recommended . street closures, parade or runlwalk 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: l. Event Site (label streets, building, etc.) 3. Canopies, tents, stages 5. Fencing/Barricades x-x-x 2. Routes (races, parades, etc.) -') -') -') 4. Restroom facilities R 6. Off duty police officers P 5-16 7. First aid facilities + 8. Parking Area PA See attached exhibit b-<L NOTIFICATION / PETITION 6-16 We, the undersigned businesses and/~ l~dents, have been notified of street closures associated with the event noted about on said date, and hereby agree or disagree to the c1osure(s). We are also aware that this response may not effect this application being approved or disapproved. I A nn"""eN 0 Disapproved 0 JAnnmvArl 0 Disapproved 0 IADoro'ved 0 Disapproved 0 IAnnrnw>rl 0 Disapproved 0 IAnnrn'VAd 0 Disapproved 0 IAnnrnvArl 0 Disapproved 0 IAopro'ved 0 Disapproved 0 IApDroved 0 Disapproved 0 IAoDrn'JedD Disapproved 0 JAnnmvRrl 0 Disapproved 0 General requirements Section I .,/ When marking any public street, curb and/or right-or-way no perm':lll2nt marking substance may be used. 7-16 All marking agents must be removed imliie'"d1ateiy afterthe 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 nole location, any food sales, volume of noise/music and duration. ,; 72 hour notice given to all merchants whose street would be closed. __ ,"" _____ , __ ~ __ " .. ____________ ,_~~~:ti=al~::::,_::::It=~_::::;J.l;:t:=== Section II ,; In the event of a parade, a permit from the South Miami Police Department must be obtained. ,f If Police service for traffic and/or crowd control is required, arrangements will be made through the City oJ~', South Miami Police Department for off-duty Police officers. The Police Department will determine the rv A number of officers required. (Please be aware that costs might change on a yearly basis).' r" ,; Code Enforcement Department will check on each event to make sure that all codes and regulations are beinq adhered to. ,; All parking issues will be reviewed through the Planning Department. Parking Department and/or Code Enforcement Department. » Public liability insurance coverage certificate naminq the City of South Miami as an additional insured for the time, date, place and name of the event, in the amount of $1 ,000,000 is required prior to the event! ,; Barricades: The average hourly rate for 125 Barricades for one (1) day usage is approximately $80.00. ._------,-,--Please initial ----~~.--, . .:.:.:=.=-======== Section III ._-_._._,----------- » Specific Requirements: All organizations sponsoring special events using public property or public streets within the City of South Miami must receive prior approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbUrsement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event The adopted resolution may also specify an additional monetary contribution to be made by the organization to the City; the resolution shall specify how the additional monetary contribution is to be used by the City, ~ ,; A majority vote of approval (one-month in advance) by the City Commission will be required for large J. j 'A events. . IV, ,; 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 aoproved by the City. ,; Public Works -The average hourly rates are approximate $40.00 per non-supervising employee, per hour, and $45.00 for supervising emplovee;per hour. Please initial --"'-- INDEMNIFICATION AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between ~~ b{ ('I f ;/i ("Applicant"), and the City of South Miami ("City") on the date on which the last of the Parties executes thi, greement. RECITALS 8-16 WHEREAS, the Applicant has submitted a Special Event Permit Application t9 the City for (event title) ~ w1l", lh{l414...t. D"pll\.U» vr;.,,,<v!~+ at D,Jd, l=LJ) YI;>S/c,/j/";VI {-<,1 (iocation) on -. I I U (date(s» 50.t\u ( D 1\ ,I) S . ("Special Event"); and WHEREAS, pursuant to of the City's Code and the City's Special Event Regulatiobs, the Applicant 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 ofthe 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 Oil 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 (FOOT), 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 ofworkcompletioll, 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 EveniJMarketing 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 signatory(ies) on the date set forth below . . JlJ.A ( .. ... .~..---_ PRINT NAME Ai\(. L1CAIY APPLICANTS TITLE EXPIRES October 05, 2015 Departmental approval sheet REVIEW BY CITY OF SOUTH MIAMI DEPARTMENTS: Each department will provide estimate of number of personnel required from their department to provide appropriate services for this event, along with an estimate of cost to applicant. 9-16 !w~~a~d"A\'ti.?t'J1W,,*'I~W;~j~1l1<t~~~~~"i~i'{![r~~f,,,'r.F~';-t€~1f$::.~8.\:,{\'%:i~t..~i\$'1~f'(,i;(';"8"%·;-:%lWl',~j.,':;;:;-~';:1il1~({~~:~H,~'i:.it1!-1fl1l%.:;;"';$';R-:'?:~:~,w.~,~~i-U,11!r).:;!~"~~l1!~~'i-dJ;.§w:.<y.~,t;~~;~~*if~W~~ Authorization Signature: Date: Amount,,$ _____ _ Comments/Conditions: Signature: __________________ _ Dale: ________ __ Amount:y$ _____ _ Comments/Conditions: ____________________________________ _ Signature: _________________ _ Date: ________ _ Amount"'$ ____ _ Commenls/Conditions: ____________________________________ _ I Signature: __________________ _ Dale: ________ _ Amount"'$ ____ _ Comments/Conditions: ---------------------------------------------------------- Authorization Signature: _________ -----------Date: Amount.z.$ ____ _ Comments/Conditions: -------------------------------------------------------- Signature: __________________ _ (Jate: ________ _ Amount:.z$ ____ _ Comments/Conditions: ---------------------------~---------------------- .. c ··li· $f\~~\A[Evgiit'rbiVfsiQNUSE oNl.V: -PermiiNO:'_' ______ _ Event Name: _______ """"'"'_,.,,-_______ --c-,----,-_ Dale: Resolution NO: _________ _ No. of Days No, of No. of Total Remaining Til Event _____ Approved Dep. Disapproved Dep. ______ Estimated Cost -"$ ___________ _ Comments/Permit Conditions: ---------------------------------------------------- Q-o/Al~/ .. )~/$iIW.i!WP/M.:V,.w~H/.L>r.orMl«,.'$i'l'·"r.M""'i'/';O<r.<f' .,' .. ~., ,'"" .. , , •. ",,-,-'.-'.'/'" '., . '>,' ,';' ," ,", ,j.,." '... , .•.. ,,> ~·,,;,."'.'IIdf\(~~". :,,'''''"'~1\'!'' .• £I.".~','~".,~, .·l~~ • .,;;il,~\i>"'" ''*.~ ~~'-·'~',i~,\'_~<,~~yr.}t\\ .. />""·Y<'M~' :""'·i·;:·:..,.I~,,·""'w~,~,,'l'."'..,'""'~~,.;.~1','.,.,,~ Clii'(tjiANAGER OFf'lCE USE ONLY: Review & Final Approval Comments/Permit Conditions: _______ -,-_-- ", ,." Authorization Signature:, _____________________ __ 10-16 Date: West PA Parldng Parking North South City Hall ~~ Parking t.. Library East _ ..... , ....... ( J'rHE'.: ~''''" G;~~ .",'k~~'~'.' '. . ., . ". :.'. '~~)'j Sixty anq qO)tqO*t ... 'rli~'!'V""'''*'*'***'~;'''·''''**''·*,*'**~****''·.,,"'*'\ .... ** •• **~* •• 1'''*.'*'.*~*··*..,*·'***:, .. *'***;*1*~.t'" , .,'.. .:' .', ' " ... ,',,'. ".' '.' . ",..," :,' ',', ', .. " . . Qit19f 8o~t~Miami', " ":,,, . ~1~~~~M?a~t~~V~i(4f );::',:" '.' . "; I"~ MEMO .~, •..... , .. __ ' __ <e_ ".n .... _. Earth Learning j Jne. City of South Miami Permits & Fees Citibank Checking 11/22/2011 DOLl/IRS 185t 60,00 60,00 DATe IMM/DDIYYYY) 11/21/2011 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Fox' 305-444-8811 Global Insurance Solutions 1421 SW 8th Street, Suite #3 Miami, FL 33135 INSURED Earth Learning, Inc. 8201 SW 99th Court Miami, FL 33173 Phon,' 305-992-1907 I Fox. (305\596-7566 Pho"'<13051323-8858 ,r::"" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSUR"RA: Catlin Specialty Insurance Company JNSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N,o;MED 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. ~~~~~PE;O~"~~~~~~.P(~~~· ,f L1AB!LtTY rz 1 GENERAL L1ABIUTY t ,f [ ClAIMS MADe. 0 OCCUR 1------- I-. f7l'~OllCy r l ~fRT '"fY :o~ LIABILITY ___ ANY AUTO _ All. OIJ\/NED AUTOS _ SCHEDULED AUTOS _ HIRED AUTOS _ NON·O\tVNED AUTOS ----------------- I GA<AGELiABILITY f--ANY AUTO LIABILITY o ClAIMS MADE OTHER 4200502743 11/15/2011 11/16/2012 LIMIT< .1 ,oon nnn '. 1nn nnr '.5,000 .1,000,000 .;2,000 nnn 'AGG .1,nnn n 1n COMBINED SINGLE LIMIT • tEa accident} BODILY INJURY (Per person) BODILY INJURY (P0f accident) PROPERTY DAMAGE (Per accident) ll\UTOONLY,", OTHER THAN AUTO ONLY; • • • $ EAAce $ AGG • $ I LOCATIONS/VEHICLES )B~ I IAI ""1 I ,allnsured Endorsement CG 2010-City of South Miami -S!ill ' HOLDER Fax# ''In'i_RR''l_R::M.'i City of South Miami 1(305) 6130 Sunset Drive South Miami, FL 33143 ACORD 25 (2009/01) "A,TION SHOULD ANY OFTHEABOVE OeSCRIBED POLICIES BECANCELLED BeFORE THE EXPIRATION DATE ntEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLOEI'J. NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPose NO OBLIGATION OR LIABILITY OF A~ KIND UPpNTHE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE © 'vV nON. All rights The ACORD name and logo are registered marks of ACORD 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 endcrsement. A statement on this certificate dces 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) ND010751B3 Re.'1ewa! of Number POLICY DECLARATIONs *** RENEWAL CERTIFICATE *** United States Liability Insurance Company 1190 Devoll Fal'k Drive, Wa;1me, Pennsylvania 19087 No. ND01075163A A Member Company of United States Liabllity Insurance Group NAMED INSURED AND ADDRESS: Earth Learning, Inc. 8201 SW 99th .Court Miami, FL 33173 POLICY PERIOD: (MO, DAYYR.) From: 11/15/2011 To: 11/15/2012 BUSINESS DESCRIPTION: Non-Profit Directors and Officers Professional Liability Coverage Part FL CAT Fund Assess TOTAL: Coverage Form(s) and Endorsement(s) made a part of this policy at time of issue See Endorsement EOn (1/95) Agent: Broker. CAPSTONE UNDERWRITERS, INC. (1054) 4144 North Central Expressway, Suite 12eO Dailas, TX 75204-32SS Global Insurance Solutions 1421 Southwest 8th Street, Suite 3 Miami, FL 33135 By: 12:01 A,M, STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE PREMIUM $800,00 $10AO $&10.40 Issued: 1111712011 THESE PEClARATIONS TOGETHER WITH THE COMMON POUCY CONomONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE UPC (08-07) FORI,l(S) ANt> FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORr.1 A PARr THEREOF, COr~pI.lITETHEABOVENUMBERED POLICY, EXTENSION OF DECLARATIONS Policy No. ND01075163A Effective Date: 1111512011 12:01 AM STN1DARD TIME FORMS AND ENDORSEMENTS The following forms apply to the Professional Liability coverage part End/It Revised Description of Endorsements 00-100 * DO-FL * DO Jacket USL-DOJ 04/07 04/07 09110 04/07 Coverage Part A. Non Profit Directors and Officers Liability Flo rida State Amendatory Endorsement Non Ptofit Professionai Liability Policy Professional Liability Policy Common Policy Conditions Endorsements marked If,lith an asterisk {") have been added to this poney or have a new edltlon date and are attached with t.~ls certific-dW. EOD (01195) AU other terms and conditions remam unchanged, Page of 1 PROFESSIONAL LIABILITY COVERAGE PART DECLARATiONS PLEASE READ YOUR POLICY CAREFULLY. THIS IS A CLAIMS MADE POLICY COVERAGE FORM ANO UNLESS OTHERWISE PROVIDED HEREIN, THE COVERAGE OF THIS FORM Is LIMITED TO LIABILITY FOR CLAIMS FIRST MADE DURlNG THE POLICY PERIOD, OR THE EXTENSION PERIOD, IF APPLICABLE. DEFENSE COSTS SHALL BE. APPLlE.D AGAINST THE RETENTION. . No. ND01075163A Effective Date: 1111512011 ITEM I. PARENT ORGANIZATION AND PRINCIPAL ADDRESS Earth Learning, Inc. 8201 SW 99th Court Miami, FL 33173 ITEM II. POLICY PERIOD: (MO. DAY YR.) From: 11/15/2011 To: 11/15/2012 Coverage Part A: Non Profit Directors and Officers Liability iTEM iii. LIMITS OF LIABiLITY a. Non Profit Directors & Officers b. Non Profit Directors & Officers ITEM IV. RETENTION: ITEM V. PREMIUM: $1,000,000 $1,000,000 $0 $800 Coverage Part B: Employment Practices Liability ITEM III. LIMITS OF LIABiLITY a. Employment Practices b. Employment Practices ITEM IV. RETENTION: ITEM V. PREMIUM: NOT COVERED NOT COVERED NOT COVERED EACH CLAIM IN THE AGGREGATE EACH CLAiM 12:01 AM STANDARD TIME ITEM VI. Coverage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue: See Endorsement EOD (01/95) THESE DECLARA nONS ARE PART OF THE POLiCY OECLARATlONSCONTAINlNG THE NAME OF THE INSURED AND THE POLICY PERrOD. Page 1 Of i Capstone Underwriters, LLC 414:!.-'>~. ;-.~"!r:-: ... td Pxr:r(,;!1;!N'~,y, Sllit.("! 1;~~::: BINDER V?~lla~( 'LX 752C4.-32C:;) I:-rr.;v.:.ous i'fo. _'ax.: (21";) .520 3615 4200::;:2743 RAUL C.z-..F.D::: N,tl G-,:,,)f,il,T. 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T,n,"'l,"I r(!;n:": (OMN[ 7 DC0677X·0:10SOBl11 11191 052) Attached List of Other Interests RHferenCe nurnber: 4.200501.176 1:' l\ddi't.ional insured CITY OF SOUTH MIJIMI 6130 SUNSE'r DRIVE SOUTH MIAMI FL 33143 I?age .1 ORIGINi\T.J Copy Date: 11-15-11 ~ -Receives Other Interest Copy (OMNf 7 DCPRTINT·020BOS/11 i 1181 052) RESOLUTION 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 Hail 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 Leaming 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· hereot: PASSED AND ADOPTED this~, day ofN9vembe;r2011. ATTEST: APPROVED: CITY CLERK /,/~:? / MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 5-0 Yea Yea Yea Yea Yea RESOLUTION NO. _2_5_0-_1_0_-_1_3_2_8_4_ A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to execnte 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 all Administrative Grant in the amount of $1 0,000, 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~ day of Nov. ,2010. ATTEST: APPROVED: CITY CLERK COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Han'is: READ APPROVED AS TO FORM AND VE ICIENCY: CITY ATTORNEY Additions shown by underlining and deletions shown by o'lGrstrilffilg. 3-0 Yea Yea absent absent Yea To: Via: From: Date: Subject: Background: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Hector Mirabile, PhD, City Manager (# . Alfredo Riverol, CPA, Cr.FA, ChiefFin~tl Officer November 23,2010 South Miami ~ ~rrrp 2001 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. . 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 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 $10,000 and they will allocate the funds as stated on their letter dated November 22, 2010. .. Resolution 220-10-13254 (negotiating an agreement with Earth Learning Backup Documentation: Inc.) .. Letter approving the Administrative Grant. • Special event permit application packet. .. Letter from Earth Learning Inc. MarioYanez. Faundtr&Oit<xtt;r Elena Naranjo """""" BoardofDlrectors Vanessa Zulon Scd:IIWOIker, Iktero/l$~ DlonTaylor """'" ""'* EduardoChavez REIIi31;Mbmifk;dqCol!ege Ad~soryCouncii Deena Blazejack AuIhor,Mr1iter Joyce DiBenedetto Colton HcofIhEdtio;l(rx(a-tES} Aq!mct Fowltn Mfcm/OQdeO:lfug« carlos Gonzalez Engfsh PIOte=r,MbmIOcIdeoJ.:r;f! Earth Learning, a SOleS non~proftt: organization, is a coHaboiative that inspires people, ventures, projects, and activities through ecological !eamlng experiences Our mlssion is to ea.taly7.e the transition towarda life-sustaining culture ilt the Greater Everglades Bioreglon Alfredo Riveral Finance Director Clty of South Miami Via email November 22, 2010 Dear Alfredo, I am writing you this letter to assure you that Earth Learning will take responsibility for carrying out the Health Foundation of South Flodda grant. We will spend the $10,000 as follows: Advertising $2,000; Tents $3,200; Supplies $800; and Nutrition Education and SNAP Incentives $4,000. 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. As always it is a pleasure working with you. Regards, Mario Yanez Director Earth Learning 8201 SW99 Court, Miami, FL 33173 1) 305323-8858 t 1) 305596-7566 f Email: Mario@earth-iearning.org 1) http://earth-Iearning.org Resolution No. 220-10-13254 . A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to negotiate an agreemeJ;lt 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 Leaming, 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: APPROVED: a~C\-~-4v CITY CLERK rJ COMMISSION VOTE: 5-0 READ AND APPROVED AS TO FORM: ~~ Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea CITY A TIORNEY 2 South Biscayne Boulevard, Suite 1710, Miami, Florida 33131 t: 305.374.7200 f: 305.374.7003 October 7, 2010 Mr. Patrick Dulcio Ading Grant Administrator City of South Miami 61 30 Sunset Drive South Miami, FL 33143 Dear Mr. Dulcio: We are pleased to advise you that an Administrative Grant in the amount of $10,000 has been approved, and a check for that amount is enclosed. These funds are towards the proiect: South Miami Farmers' Market. By endorsing and. depositing this check, you warrant that there has been no change in your I.R.S. tax ciassification as an organization described in Internal Revenue SeNice Code sections 501 (c)(3) and 509(0)(1), (2), or (3). You also agree to provide Health Foundation with a final report upon completion of the project. A gUideline for electronic submission of final reports can be found on the Foundation's Web site: www.hfsf.org, under Grant Toolbox. In addition, the success of your HFSF grants results need to be told not only in facts but in the stories of the clients seNed. City of South Miami is encouraged to provide at least !wo stories of individuals who have benefited from the grant and have given permission for public dissemination. We extend our best wishes to you for continued success. It is a pleasure to be amo 9YCjr supporters. ordiL . Wood Vice-President of Programs and Community Investments C: Steven E. Marcus, Ed.D, President/CEO HEALTH FOUNDATION of south florida BOARD OF DIRECTORS Karen Gilmore Chairwoman Dlvlna Grossman, Ph.D. Vlce~Chalrwoman Secretary Omar Pasalodos, M.D. MEMBERS Richard S. Adams, Jr .• Esq. Loreen M. Chant Sheldon D. Dagen, CPA James Eckhart, !:sq. Arthur Finkle, CW Philip Grossman, M.D., FACP, FACG Charles M. Hood, II! SUsan Kelley Richard lavitla Ana Mederos. RoymlV. Memble!a Claudia pulg Stanley Worton, M.D. STAFF Steven E. Marcus, Ed.D. President & CEQ Kathy J. Antleau, CPA Chief Financial Officer & Treasurer Shari L. Gantrnan Vice President of Communications Karen Miller, MSW, MPA Program Officer & Senior Grants Manager Janis-se Schoepp, MPH Program Officer & Senior Research AnalY$t Peter N. Wood, MPA Vice President of Programs & Community Investments www.hfsf.org www.healthyagingsf.org City if South Miami Special Event Permits Application Packet Parks & Recreation Department 5800 SW 66 Street South Miami, Florida 33143 305-663-6319 PACKET INDEX Within this packet, please find the following infonnation for your review and signature: Special Events Guideline ....................................................................... : ............. III Departmental Contract .............................................................................................. V Special Events Fee Schedule .............................................................................. VI Application Checklist ....................................................... " ...... " ............................ -VII Event Summaf)f ................................................................................................... 1 Applicant I Sponsor I nformation .................................................. ................. ........ 2 Event Questionnaire ............................................................................................ 3 Site Plan I Sketch ........................... -......................... -.............. -.............................. 5 Notification I 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 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 \ SPECIAL 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 andlor 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, 8:00am until 5:00pm, to the attention of the Special Events Coordinator. The permit application process begins with the receipt of 11 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 andlor 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, builhorn 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 stt:eets 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. HI 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 proteclion 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 I 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. IV \ \ DEPART1vfENTAL CONTACT LIST If you have any questions regarding your event that were hot answered in the GUIDELINES section of this applicant, please contact the proper department as follow: SPECIAL E:VENT /MARKETING DIVISION .' -.--------------------------.. ------. (305) 668-7231 SOUTH MIAMI POLICE . -------------------------------------------------(305) 663 -63 01 DEPARTMENT PUI3LIC WORKS . --------------------------------,-------------------,-------(305) 668-7204 DEPARTMENT . PARKS & . ------.. --------------.. --------------.. -------.... --------------(305) 663 -6319 RECREATION . CODE ENFORCEMENT .--------------------------------------------------(305) 668-7335 DIVISION PLANNING & -----------------------------------------------------------------, ( 30 5) 663 -6326 ZONING PARKING/COLLECTIONS . -------.. --------.. --------------------.. ---(305) 663-6343 DIVISION v SPECIAL EVENT FEE SCHEDULE **!ll££ !F!E!ES !lI!l?!E SWl,Y!E'Cr:rb C:JM#fj!lfl* The following fee schedule was developed as a guide to help applicants estimate costs associated with an eveni. Each event fee will be calculated according to jts 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 runt. Special Events/Marketing Division: Application Fee Clean-Up/Security Deposit Expedited Fee Police Department: 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 or more office assigned) $ 40.00 per hour (3hrminimum) $ 3.00 per officer/per day $ 45.00 per hour $ 40.00 per hour o 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 \ APPliCATION· CHECKLIST 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. ~PLlCATION: o FEE: ~GNATURE: ~TY MANAGER'S LETTER: ~ER PERMIT: Completed Special Events Permit Application, with required attachments, at least 21 days prior to the proposed event A $60 Application Payment must accompany your application upon submission in cash, check or money order. Application must be signed and notarized upon submission. Briefly discuss your Organization/Business, the purpose of your event, the benefits, if any, that the event will have on the City and any additional information deemed pertinent to this application. Complete any applicable permit application deemed necessary for your event, such as: (Check all that applies) D Public Right-of-Way D Pole Banner D Off-Duty Police Officer D Banner(s) Overstreet D Parking Meter Rental D Clean-Up Deposit 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. ~E 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 EVENT 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. TYPE OF EVENT: 0 Filming 0 Charity 0 Festivals 0 Celebration o Promotion Other: -=If;w;J";~!.JI'lQc::er:.''''S;;?._'---..:.y1J,---,-:=c<_.r~Kf=-__ NAMEOFEVENT: __ ~s;.~Q~vik~L-L~MA~~~' __ +~Barvu~~L?_'~~+~~~~ __________ ___ LOCATION OF EVENT: ---"G-"i{iLl'l1---1-IA-f-!.lJI~-,jC./);.~'*b~f-..-LJIv<!...f ______ --- (Please note: write complete mailing address, as well as name of any buildings and/or parks if applicable) Is this an annual event?DNo DYes if yes, this is the __ annual event, previous date ____ _ EVENT DATE(S): \?-/1/to ---i? EVENT DAY{S}: <edvr,k'l I I I ACTUAL EVENT HOURS: Cfq!1>1 ~ ~.m. UNTIL:;;2. &p.m. (Please note: event may not begin eart:riien 8 a.m. or end laler then 11 p.m. in residential areas, or midnight in commercial areas) ASSEMBLY DATE(S}: _______ SETUP/DOWN TIMES: "fta>@.Ip.m. 3:aJa.m.~ ANTICIPATED ATTENDANCE: TOTAL EVENT DURATION: 5 hrs mins Name: Title: \ APPLICANT/SPONSOR INFORMATION 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: _-,~=;!6.L.:C..L-"""U=w;,.::..:;ry",-\.:::;-_________ _ ADDRESS OF ORGANIZATION: «d-O ) 5kJ 1'1' Cr- &.etlt(~ fl. "33/ ?' 3 OFFICE TELEPHONE:· 305 ~3;)_:?>-'61S5D FAX: __ --:-______ _ PRESIDENT: SECRETARY: _________ _ ADDRESS: j i PRES. PHONE: '3t:6--323-~gSfj EMAIL: SEC. PHONE: __________ EMAIL: ____________ _ If the organization is a tenant andror renter of the event location, please have the property owner complete the following: o Applicant/Organization owns the event location o I give permission for the Applicant/Organization to use my property. Comments: -;lJs 11 ~ ~~ wlt d:: C-4= d' Se..-K /4-~\ . 1; ~~. ~ ~!14" /'~d:ty ,JJ- Property Owner's Name: -Ci; t'/t ~ ~".,." Phone: 3 () S'r ht 3 -.6 '3 3!f Property Owner's Address: 6130 >tJ/I~ j)r;'~ . $111/~ ~Pt/' FL '3514-"3 Property Owner's Signature:_' ____________ _ Date: ________ _ Notary Signature: _______ --,--___ _ 2-16 EVENT FEE QUESTIONNAIRE POLICE DEPARTMENT ~"/l; r:J. like as Nr# "k 6Vl('~Y-i <!>/ Ucf ~ inl':; 'bC 11itro:, Off-[)uty Officer Applicant pg. 11 ISee Special Event Fee Schedule for cost detail PUBLIC WORKS tQ (C YES/NO 4. ~ 0 Will your event interfere with any public right-of-way, such as roads, -yKlewalks, alley, etc.? 5. 0 [J2( 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 d public works employee.) . 6. 0 Will your evenl require the use of barricades? If yes: how many -::::-_-:-; what type -:-:--::-_-;-___ -:-;-_ ~ase note: all pubic right-of-way closures must have approved barricades) 7. 0 W Would you like the City to provide you with barricades for you event, at a j6st? If yes: how many . 8. 0 [k( 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. Nt! IV/I /~ JJ/~ A t:4 if fl>-f~-f-k/JW'.t! ,£ ke-l~~ tm/ 14ts4 tM-b/~~:J6 oIlta;d!leJ JJe wtl kJ/ '/fb'Yulibt 4 IJIfge 1; t:{ ~ fijhd. MAll/' jIPPI1 5"~ ~ ~ife * ~~ Public Right-Or-Way Applicant pg.12 IPoie Banner Applicant pg;15 See Special Event Fee Schedule for cost detail 3-16 PLANNING AND ZONING YES 9. 10. 0 11. 0 o 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).) 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 and approved by the City Commission, which meets only twice a month.) Have you notified the event location neighbors about your event? Hanging Banner over Street Applicant pg. 141See Special Event Fee Schedule for cost detail PARKING DIVISION YES NO~ . 12. 0 Q?( Will you be renting any City parklng meters? If yes, how many ..,.,--:--_ (Please note: that if you are closing or interfering with any right·of·way that 13. 14. / includes parking meters you are required to pay the meter fee as well.) 0/ fiZ) Do you have enough on-site parking to accommodate . IJ21 0 Will your event involve the use of a .shuttle andfo alternate parking sites? ------~ Parking Meter Rental Applicant pg.13lSee Special Event Fee Schedule for cost detail CODE ENFORCEMENT s .," YES/NO 15. []2( 0 ~i11 you be having an~fO~Uring your event? 16. 0 [E( ~II your event be starting before 8 a.m.? 17. 0 @ Will your event end after 11 p.m. on a weekday andfor 12 a.m. weekend? w; z_ .... au 14. ~.. a L • " £ .. $ _ S!l PARKS AND RECREATION YES NO 18. 0 19. 0 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). Will this event require the use of any Parks equipment or staff? - 4-16 Sf IE 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. FencingIBarricades x-x-x 7. First aid facilities + 2. Routes (races, parades, etc.) + + + 4. Restroom facilities R 6. Off duty police officers P 8. Parking Area PA 5-16 NOTIFICATION J PE'ITIION Event Name: s;,vi' (!I,~f'Ii ~,f}/4f-Event Date: 5JJp~~/~t;;er~ , I J 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. IAPr,rov'9d 0 Disapproved IApproved 0 Disapproved IAPrlroved 0 Disapproved 0 IAnrlrtw,~rl 0 Disapproved IAppro'ved 0 Disapproved IAptlroved 0 Disapproved 0 IAnrlrtw,erl 0 Disapproved IAPPro'ved 0 Disapproved IAppro'ved 0 Disapproved IAptlroved 0 Disapproved 0 6-16 GENERAL REQUIRElViENTS Section I v' When marking any public street, curb and/or right-of-way no permaoent marking substance may be used, All marking agents must be removed immediately after the completion of the event. v' Barricades shall require an additional rental fee established by the Public Works Department. v' No pegs, stakes, or anchoring devices shall be driven into the concrete, asphalt, or City hardened right-of- way, v' Map of route or site plan of the scheduled event including all stations and descriptions of activities. v' Any temporary cover for stations such as a canopy shall be flame retardant and applicant shall provide proof of such certificate. v' Review of applicant's paper work to note location. any food sales, volume of noise/music and duration. v' 72 hour notice given to all merchants whose street would be closed. Please initial Section II --------------------------~~~---------------.-,--------- v' In the event of a parade, a permit from the South Miami Police Department must be obtained. v' 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). v' Code Enforcement Department will check on each event to make sure that all codes and regulations are being adhered to. v' AU parking issues will be reviewed through the Planning Department. Parking Department and/or Code Enforcement Department. » Public liability insurance coverage certificate naming the City of South Miami as an additional insured for the time, date, place and name of the event, in the amount of $1 ,000,000 is required prior to the event! v' Barricades: The average hourly rate for 125 Barricades for one (1) day usage is approximately $80.00. Please initial Section III » Specific Reguirements: All organizations soonsoring soeciai events using public property or public streets within the City of South Miami must receive prior approval by resolution from the South Miami City Commission. The resolution must include the estimated reimbursement amount to be paid to the City for allCitv revenue loses and City expenditures associated with the approved special event. The adopted resolution may also specify an additional monetarY contribution to be made by the organization to the City; the resolution shall specify how the additional monetarv contribution is to be used by the City. v' A majority vote of approval (one-month in advance) by the City Commission will be required for large events. v' 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. v' Public Works -The average hourly rates are approximate $40,00 per !lQ!l-supervising employee, per hour, and $45.00 for supervising employee. per hour. Please initial 7-16 INDEMNlFICATION AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between ~. L&zr~"J ("Applicant"), and the City of South Miami ("City") on the date on which the last of the Parties ;;;re;;utes this Agreement. RECITALS WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for ( event title) spm y11.'tt.fI'.I'~' f11~ at 6130 5;;/I...eB ,Dn'u..e (location) on (date(s» j". f. ("Special Event"); and WHEREAS, pursuant to ofthe 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 ll1ay arise out of the Special Event. ' NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth hereill, arid other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. J;he 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 EventIMarketing 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 nartie" hereto has caused this Agreement to be executed and sealed by its duly authorized on the date set l""l1'-""")W. 8·16 DATE (l ~L "/520'~65 '6-(a'1 -'2-1 1 -(::;> M AJ2.,\ 0 \'---l . :'1 ~N a.... . DEPARTMENTAL APPROVAL SHEET REVIEW BY CITY OF SOUTH MIAMI DEPARTMENTS: Each department will provide estimate of number of personnel required from their department to provide appropriate services for this event, along with an estimate of cost to applicant. Signature: _________________ _ Oate: _______ _ Amount:,,$'-___ _ Comments/Conditions: _____________________ -'-_____________ _ Signature: __________ . ________ _ Oate: _______ _ Amount:,,$'--___ _ Comments/Conditions: ___________________________________ _ Signature: __________________ _ Oate: ________ _ Arnount:,,$'-____ _ Comments/Conditions: ___________________________________ _ Signature: __________________ _ Oate: _______ _ Amount:,,$'-___ _ Comments/Conditions: --------------------------------------------- I Signature: __________________ _ Oate: ___ ------Amount:,,$'-___ _ Comments/Conditions: -------------------~-------------------------------- I Signature: __________________ _ Oate: ________ _ Amount:"'$ ____ _ Comments/Conditions: ----------------------------------------------- "7---- 's'PEc'iACEVElift5fVfsj6t,TOSE" 6NIY:""~" ".'",' , .. -~'.--.' -"." -'" Pe'rmiHfO:" ------------ Event Name: Date: _____ Resolution NO:. _________ _ No, 01 Days-------N"'o--,-ol;-------'""N.-o-, o'f-Total Remaining Til Event: Approved Dep, ______ Disapproved Dep, ____ Estimated Cost ~$,-______ _ Comments/Permit Conditions: _________________________ ...,.-____ _ CITY MANAGER OFFICE USE ONLY: Review & Ffnal Approval Comments/Permit Condi!ions: __________ . ___________________ _ Authorization Signature: ____ ~ __________________ __,'" Date:,,.-,-;:-,-;---,-__ _ .' '. ,," ,. ,- 9-16 Other City PerDlit 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. Application For: Off-Duty Officer Parking Meter Rental Right-of Way Usage Pole Banner Hanging Banner Refund Request 10-16 CITY OF SOUTH WAMl POLICE DEPARTMENT 6130 Sunset Drive, South Miami, F133143 (305) 663-6301 Extra-Duty Police Officers Application ... , A police officer for employment that is indigenous to their law enforcement authority commonly referred to as "Extra-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 Ponce Department shall be the final authority in determining the minimum nuniber of officers required to police a particular event. If more than three officers are hired, a supeNisor must also be hired. The City Manager Office and South Miami Police Department will determine the supeNisor 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 SupeNising 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 seNices is acceptable. " l> If, during a scheduled event, the Applicant determines that helshe needs to extend the lime 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 andlor less 59 minutes beyond the regularly scheduled time of l e'lSll1~ __ l> Applicant must notify of a cancellati n r Failure to do so will require the Appll APPLICANT INFORMATION -Duty Police Officer forty-eight (48) hours prior to the schedUled date of service. e assigned officer for a minimum of three {3) hours. !~ .. ,.,~_ .... ~_,_.J.'1!:±.e"~ . ..b±_.A"5.". ___ ,::i.~ .. ,,_ .. _.,, .. '_~~~'"._"_' ____ .-:_P._" __ .}'_u~_.¥..1.±_"_,Y....:...."," ..•. ..,J.,,."._'_'~_.~.M~_ .•. ~~J,.~_"&\Z:k_.,,,.", .. _~.;._::' ..... ,~,,,," ____ ,." .. .z""~ ... _ ... ~.~."".._" .. ,.t.~,."::.,,,,,_.,~.,~_ .. _ Business/Organization Name Applicant Name Business/Organization Address City State Zip Code EVENT INFORMATION Y. .±iML.;., .... , .~, .. L .. _~ ." .. ___ i ..... ~ ...... '_.~.4_. On-Site Contact Person Cellular Number Type of Event Name of Event Event Location AntiCipated Attendance I acknowledge and accept financial responsibilities to pay aU costs and fees associated with this request form prior to the service date(s): " .\ Applicant's Signature Da1e OR OFFICE USES . ONLY: .. . ....... D;;,pPROVED;~PRE~ENTED·· 0 DENIED·· ..... DAPPRovED~;ITH CONDITiON ... . NO. Office: :X:. NO. Radio: :x: NO. Hours :OMiMENT: Estimated r I Total Cost!! ,.;... _____ ..1 'OLICE DEPARTMENT >lGNATURE ____________ ~ ___ DATE ____ _ 11·16 CITY OF SOUTH MIAMI PARKING DIVISION 6130 Sunset Drive, South Miami, FI33143 (305) 668-2512 Fax (305) 663-6346 Parking Stalls/Meters Rentals Application Pursuant to Section 20-4.4 (M)(3)(B) of Land Development Code. "Rental Fees for Public On/Street curbside spaces (Parking space) are $18.00 per space per day, seven days per week based on twenty-four (24) hour use". Business/Organization Name Applicant Name Business/Organization Address City State Zip Code Phone Number E-Mail Name of Event: --\''''''--'--'..-1'"'--------Type of Event: _______ _ Number of On/Street Number of Day's Start a,m, End a,m, curbside spaces requested: ____ curbside spaces desired: ___ Time: ____ p.m. Time: ____ p.m. necessary, I hereby certify the above information is true, correct and complete as of the date of this submittal. It is understood that this applicant will be reviewed and may be adjusted periodically by City Staff; if any information should change that I shall amend or supplement this application within five business days of the change, Applicant's Signature Date "'" 'PermitNo: FOR OFFICE USES ONLy; "" DDENIED D APPROVED AS PRESENTED D APPROVED WITH CONDITION NO, Meter Days: :x:: NO, Meler: ____ _ :x:: Daily Fee: ____ _ Comment: ----------------------------r------..... 1$ I PARKING DIVISION SIGNATURE DATE Estimated Total Cost 13-16 CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT 6130 Sunset Drive, South Miami, FI33143 (305) 663-6326 Fax (305) 668-7356 Hanging 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 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. Ii 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 75 fu 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. Name of Non-for-Profit Organization _________________________ ..,-_____ _ Organization Address Phone No. -----------------------Authorized Re- presentative Name -------------------------Rep. Title ________________ _ Event Name: Event Date: Event Type: -------------------------------------------- thru Approximate Installation Date Requested: --==---o 5800 Sunset Drive 0 5880 Sunset Drive Banner Location Requested: Briefly describe event for which you wish to display a banner in South Miami: ------------------- }-. Applicant understands that the Banner installation is 10·14 days 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 Specificaticns-30ft X 3-4ft wide, 60ft of Yo (hal~ nylon ;ope with hooks and the banner must vents. Applicant's Signature PLANNING&ZONING OFFICE USE ONLY:'· » 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 Comrnission Approval Resolution No. ________ ~ _____ _ Date SUB~MiirEj5"·· REC'D BY: INil'lAL o o o Comm. Date: ____________ __ Comment: .--~--------------------------------------------------~-- 14-16 CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT 4795 SW 75'h Avenue, Miami, FI33155 (305) 663-6350 Fax (305) 668-7208 Special Event Pole Banner Application This application must be fully completed and submitted with REQUIRED attachments );uch as: copy of a public liability insurance policy and copy of the design with the banner dimensions listed, The V·0d per 10 poles fee also include the installation and removal of banners. J:f3bD f)t;, 6'3)73_ City State Zip Code 30 :> $'i'h ¥7-S-i.J,,, Phone Number Fax Number Event Name: 501l:1! Yh, ~11. I ..£A.rlll! ii;( IhA rk~_+ Event Date: k'i&J.:) 4 I.,! $; Event Location: C( utA., ( Pwli",:/ £0 ,1 EventType:' 7 Approximate Installation D te: Dec,:3 thru 7 Total Duration: If> &i(<§c;n j Banner Size/Dimension: . ,,/ . Pole Banner Description: t"" . L I fh :.Gr. _ ... ~_~. ! >1. I Q'.t/AVI() !\..rD ..>" <J"T b /4,,,," TA1.L!!.!ZL"" 1''''1'/'''' to· . , Sunset Drive 62" Ave to Red Rd 57 Ave, North and South 10 are . i seven (7) days after the event. The city may discard the banner(s) after the specified period. > Applicant understands the location(s) are approXimate location(s), The installation 10caUon(s) islare based on site availability and degree of difficulty. The City is not responsible for the condition of the banner(s) during this period, "The applicant agrees to hold the City of South Miami, free and harmless from aI/liability that may be adjusted against it and to reimburse the City fOf: aI/ expenses of litigation in connection with the defense of claims as such liability and claims may arise because of negligence in the performance of the 0 e 'on service, or act for which the permit was issued." J/};{A(if> }1CLi1.e-7. ?" .' 11/16//0 PRINT~E IC SGNAJY.!3 DATE FOR OFFICE USE ONLY; Resolution' NO. ---------------o APPROVED AS PRESENTED 0 DENIED 0 APPROVED WITH CONDITION Permit No, __________ _ Installation Date: Removal Date: Work Order NO . . Comment: ------------,---------.,---------- I PUBLIC WORKS SIGNATURE DATE Estimated Total Cost 15-16 CITY OF SOUTH MIAMI SPECIAL EVENTS/MARKETING DIVISION 5800 SW 66 Street, South Miami, FI 33143 (305) 663-6319 Fax (305) 668-7388 Special Events Clean-Up Deposit Refund Request Application S,.,:u, til ~htm1 :e:,l 0',(.-:"( a"_a I1'fjdfth4t:j1 i'illl' Z001 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 $600.00 deposit. Event Name Event Location Event Date(s) Event Start Time Event Day(s) Type of Event -------------------- a.m. p.m. Event End a.m. Time p.m. Total Duration ---,--------------------------- "'.T~~"!&~!&>~&iii'fi;"'~I-a \1l"""'iiIi\_tii!)Ij"!!i"11il1i!&~1l" ',,", ,,,~,,,,,.,,m,;lli."~;lliffil11li!i:ij,~-.;-ti.'<'!!l1 B~~!~1t.~{8.~ .. ~~YJ;~J1-~~41"~~~~9$~&'~~j1 '" :~~t.%l~-IDt~~~~!&~lY&rNM!;K~~~~~~~H~A.~'ti~~_~ did you utilize services of the City of South Miami for clean-up? 0 . 0 were unscheduled Police Officer called out to your event? 0 0 were there any damages to any city and/or private property? 0 0 have you paid all the required fees associated to your event? 0 0 Comments, problems and/or suggestions (if any): __________________ __ If Refund Request Application is approved, would you like the payment to be: . Refund to: Mail Check 0 Pick-Up Check 0 . (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." Applicant's Signature Date Police Department ________________ Date _____ Approved D Denied D Amoun! Due: ",$ ___ _ Public Works Dep. Date Approved D Denied D Amount Oue: "'$ ___ _ Parks & Recreation Date Approved D Denied D Amount Due: "'$ ___ _ Code Enforcement Date Approved D De~ied D Amount Due: :;:.$ ___ _ Planning & Zoning Date ______ Approved D Denied D Amount Due: "'$ ___ _ Parking· Division "C":.."..,-cc-,--c",--"-,,,..--:-..,.,.-c--,--,,---~ Date· Approved D DenieU .Amount Due: :;:.$,-_--:-_ o Return Portion 0 Outstanding Balance Total Amount Deposlted:"'$~ ___ --- o Return Deposited Date: ________ Amount of Service Renderect:"'$'-_______ _ Total Amount Returned: $ . ""---------Date: Total Amount Owned: $ -'-----------c---- Finance Department Authorized Signature: __ -,-_________ -,-____ _ Date: CITY MANAGER OFFICE USES ONLY: ,Review & Final Approval City Manager Authorized Signature: _________________ Date: 16-16 < ...--:"'"""'1 ® ACORD ~ CERTIFICATE OF LIABILITY INSURANCE DATE{MMmDO~ < 11/17/2010 PR.ODUCER F"", 305-444-8811 Global Insurance Solutions 1421 SW 8th Street, Suiie#3 Miami, FL 33135 INSURED Earth Learning !nc. I"" "" '''" Coo" Miami, FL 33173 I Fa>' (305)596-7566 Pho",# 786-200-3746 Pho",# (305)323-8858 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURERA! Catlin Specialty Insurance Company INSURERB: INSURERC: JNSURER 0: < INSURERE: THE POWCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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. < ~= POLICY NUMBE. ~~ LIMITS .( r7 I ,r.PNP .... L1ABILITY ~ :: f-+-..JI CLAIMS MADE -LZ10CCUR I MEO eXP (An" i , 1,000 ,.---------- I-- _ ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS _ HIREDAUTOS _ NON.QWNED AUTOS 1-------- I r., M"' ,.." I'" r--ANY AUTO 4200502743 11-16-10 11/16/2011, no 000 . ; r.PMP' • $ ? no 000 COMBINEO SINGLE UMIT (Ea SccidWlt} BODILY INJURY (Per person) BODII. Y INJURY (Par accidenl) PROPERTY DAMAGE (Par accldsnt) < " nno nnn , $ • $ 1$ EA~'CC !, OTHER THAN AUTO ONLY; AGG i. pE:: UMBRELLA LIABILITY I • OCCUR 0 CLAIMS MADE I $ • OTHER I Additional Insured Endorsement CG 2010-City of South Miami i Glty Of SOUth Miami 6130 Sunset Drive South Miami, FL 33143 I ) 25 ,_ 1) , (301 .. TION SHOUJ,.DANYOfTHEABOVEDESCRIBED POLICIES 6ECANCElLEO BEFORETHEEXPlRA'TION DATE THEREOF. THE ISSUING INSUReR WILL eNDEAVOR TO MAlt. ~ DAYS WRlnEN NOTlCE. TO THE CERTIFICATE HOLDER NAMED TO TH!: LEFT, aur FAILURE TO DO SO SHALL IMPOse NO OBUGATION OR LlA8lJ..ll! OF AN~ KIND UP.ON THE INSURER, ITS AGENTS OR ~ ~ © IiUN. All rights The ACORD name and logo are registered marks of ACORD 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. AC?RD 25 (2009101) FARMER'S MARKET AGREEMENT THIS Agreement is entered into on j!/!!day of !flo vembe f ,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 d~ lldVf41kfiOl0 and ending (ff~ ;f;D-IC'mJec, 2011, with option of annual renewal. Th; Market will be operational on a weekly masis, each Saturday, beginning December 4th, 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-lip 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 extemal utilities (electrical and water)"wbicli 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 ofEL 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 ofbiring, retention, and termination oftheirOemployee. EL is solely responsible for all actions taken and decisions made by the Market Manager. IV. Who may seU;tt 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 offour [4]) 2. Local artisans and sustainably-produced crafts (minimum of six [6]) 3. 'Native and edible plant supplies and services (minimum of one [1 J) 4. Green/appropriate technology vendors (minimum of one [1]) 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, neighborhopd 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, may be displayed at the sole discretion ofEL. 1. 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 harve;ted 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 helshe 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 aut.'1orized representative of the City that may approve or deny any additional activity for the Market. XI. Violations by vendors: It shall be the responsibility ofEL to address any and all violations of this agreement by vendors. It is the sole responsibility ofEL to deal with vendor(s) who are in violation ofEL policies and procedures. EL is responsible for enforcing the Market rules and it is the responsibility of EL to ensure that vendors abide by t.lJ.e 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 infrastlucture 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 ELiCity collaborative initiatives. X-vIIL EL will collaborate with the City on grants, sponsors, and other funding resources for the Market. JC..TX. Agreement Termination: Either party can terminate this agreement with 60 days written notice. XX. Notices: All notices, demands, or requests provided for or pennitted 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 (wit.1-t 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: With a copy to: To Earth Learning, Inc.: Hector Mirabile, Ph. D. (or the then current manager) 6130 Sunset Drive South Miami, FL 33143-5093 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 Su.llset Drive South Miami, FL 33143-5093 [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 (q/1 day of ,);{)'umj("c , 2010. ATTEST: (Hector Mira He, Ph. D. City Manager The City of South Miami 6130 Sunset Drive South Miami, FL 33143 witness: f,' ~Gt~ Maria M. Menendez witness: 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 fC!r 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 M"rket 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. l!Page Market Agreements 8. Market Fees: a. Ten-foot x ten-foot (lO'xlO') 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 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 pn 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 accessibie teall 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. 21Page Market Agreements Vendors will co~rdinate 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 biod,egradable 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 241bs 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 behavi'or, or lOUd music by any vendor or participant in the market is strictly prohibited"Tbe 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." ., 31Page Market Agreements 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 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 an non- compostable, non-recyclable trash. 17. Vendor Application Procedure: Vendors must submit one application for the Market. Applications· wiii 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 covel's 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. 41Page Market Fees 1. Ten-foot x ten-foot (10'xl0') stall spaces: a.· Prepared Foods: $75 per Market day b. Artisans/Green TechnologyiHealing Arts: . i. $50 per Market day for for-profit ii. $25 per Market day for community groups 2. Exhibitor; 6' Tables (non-pr~fit & community groups with no vending or fundraising): $10 per Market Day 3. Th~Stand (Central tent for Local Farm Products): $150 per Market day N·e, . Seasonal and annual rates are available. Vendors paying on a per Market day basis inust 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 OATE (MMJDOffYYY) 11/17/2010 PF/:OCUCER: P,xII 305-444-8811 Phon" 786-200-3746 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Global insurance Solutions I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1421 SW 8th Street, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #3 Miami, FL 33135 INSURERS AFFORDING COVERAGE NAIC# INSURED Earth l~amlng lne. INSURERA: Catlin Specialty Insurance Company 8201 SW 99th Court INSURE.R 13: INSURERC: Miami, FL 33173 INSURER 0: I p", (305\596-7566 Pho",' (305)323-8858 INSURERE: COVERI"'''~ THE POLICIES OF INSURANCE LlSTEo.~E~()",!HAVE BEEN ISSUED TO THE IN~II."n NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01V>nTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH 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 CONDITlONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~ TYPO 'POUCYNUMBER ~~ , L1MI' ~ I ~ ,1000000 r7 ! GeNERAL LIABILITY ,100000 '1 CLAIMS MADE [{] OCCUR MED,EXP(A<1l!on,,,,",on) .5,000 I--4200502743 11-16-10 11/16/2011 .1,000,000 I--Is? ono nnn 71 POLICY rlj,1'& "FT lOC' 1.1.ono onn COMBINeD SINGLE LIMIT S AN"" AUTo (Ea accldent) --ALL OWNI:OAUlOS BODILY INJURY (Per person) $ SCHEDULED AUTOS --HIRED AUTOS BODILY INJURY (Psr accident) S NON-OWNED AUTOS --PROPERTI DAMAGE (Per accldent) $ 0' 'OF< ."'",.., AUTO ONl V -EA , r= EAACC s I-ANY AUTQ OTHER THAN AUTO ONLY; AGG , ~=r~~:UM.RELLA LlABILITY '''"""0. I, OCCUR 0 CLAIMS MADE I. R .DEDUCTIBlE ' I. I. $ ~ I, ~~~, ;'lIABIL1TY IOJ~' VIN Is I 0 ,,, •. ~~~~ lu , S I I , E,L '''C'I LIMIT , OTHE~ OPI:R,A110N$ 1 VEHICLES J EXCLUSIONS ADDED aY ENDORSEMENT I SPECIAL PROVISiOns ..... '~v,,'Vll Insured EndorsementCG 2010-City of South Miami : HOL""" ,Fax# ~()~_""~_"~d." ' .. TION I :;~ty _Of South Miami SHOUlOANYOFTHEABOVEDESCR,IBEOPOUC1ES aECANCELl.EO BEFORE THE. EXPIRATION '6130 Sunset Drive DATE THEREOF. THe ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlrreN South Miami, FL 33143 NonCe TO me CERilFICATE HOLDER NAME.D TO THE LEFf. BUT FAILURE TO 00 SO SHALl. IMPOSE NO DSUGAnDN OR UAB'LrY OF ANi KIND UPf~'oV"<O IT$AGENTS D' AUTHORIZED ~ ~, L 25 {ZOO9/01) ® 1988·2009 ACORD "'V .... All rights The ACORD name and logo are registered marks of ACORD 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 20-4.3(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 Leaming, 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 non-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 $300 application fee is hereby waived. Section 3. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 15th , day of February, 2011. Res. No. 39-11-13353 2 ATTEST: READ AND PPROVED AS TO FORM ANDSU C NCY: ~~'/?/ CITY ATTORNEY ~ X;\Comm Items\2011\2-15 w J l\Banner Fanners Market Resolution Revised.doc APPROVED: M£*~ Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer Commissioner Beasley: Commissioner Harris: 4-1 Yea Nay Yea Yea Yea CITY OF SOUTHMIAMl PLANNING and ZONING DEPARTMENT 6136 Sunset Drive, South Mam;' Fl33143 305-1i63-6326 Banner Requ.est Application A!>plication fur \he )?1ll'pOS" ofrequ<lSting approval to display barmers over public str""ts promoting events as set forth in Ordinance No, 10·07-1911; LDC Settin" ZO-4.3(N) Aitaoiled Name ofNotfolr Profit r:. I Ol'ganization ~r,db l...eA-rol ':J ~~:::a~on 5> S"Z-$' ~W it? 8' $+, I >U~{e.. Pr..:.-__ _ >Old\" k\ " a W\. \ fz.,.. 3 3> i '-fJ, Contact Person __ .!.M....]tll.."-!...f:..;i 1)~......;~-¥t!~':.l".50e"'k""-_______ --'-__ .,..-_ Phone 3>oS:-:>'2.-3;-88:58 Briefly des<llibe event folr which you wlslt to display a banner In Sonth Miami. E ontdat s) !>n~1~5 Dates banner to be diSPlay: ;..-!:tf ~tt ~ 70 ~ ;?kte::l7:t.,;C7/ti!'t.,a ow' t Location(s) t) VI ~V\<;'.e.* ~i Je i~,ful'4i-d. 0¥'l f.lsM A reeof$3I)O per banneds requlred to eOver cost inen.red by the City to hang and remove f~ the banner. . , --U-'" If Received by CIl.ek # . >I!J ATIACB::M:ENTSREQUIRED: Proofotlnsurane. . Ree'd,L Jh.r /1 Banner Design (indnding wording) Ree'd-- Proof ohnrrent Non-Pront Corp. Status Rec'd V # . • Banners will be displayed 10-14 days before the adv~!'flsed event tukes pla<!c; banners will be removed by the City after the end of the spedal event. • Banner Sp~clfi.atioJls: 30 feet long" 3-4 feet wide, 60 teet of% inch nylon rope with nooks and the·blUliler must haveven1ll. ---.-.. ---.. --.. ----.. --.......... ~---......... --... -.. ----.... -.... - City COlJlmisslon Approval Resollrtion No., _______ Date, ____ _ Daie -:--_~ __ City Manager (1'0 lie signed by City M.nog(!J' following approval by City Omllnfssfon) Rev, 1212Q/2010 J!131ll ,l.'>':tFormstP8-S«Jt71et' Appllcrrtioh,dlic CERTIFICATE OF LIABILIty INSURANce DATE (MMIOOlYYYY) 11/17/2010 PRooue,", p,,," 305-444-8811 Ph,",' 786-200-3746 Global Insurance Solutions 1421 SW 8th Street, Suite #3 Miami, FL 33135 INSURED Earth Learning Inc. 8201 SW 99th Court Miami, FL 33173 , ,,,,1305\596-7566 Ph,n,,1305\323-8858 THIS CERTIFICATE IS ISSUED AS A MATTER OF. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOeS NOT AMEND, e"."TENO OR ALTER THE COVeRAGE AFFORDED BY THE POUC1ES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A, Catlin Specialty Insurance Company INSURERS: tNSURERC: INSURER 0: IN$URERE: N01VVlTHSTANDING , Iv~ '" MAY BE ISSUED OR AND CONDITIONS OF SUCH ~~;'E~TAIN:'THE' ,":',;':;:~' 'MAt~i~~EEN I ~~8ik'~~~SSUBJ~" luALL ="'~, Iri~ POLICY "UMBER ~~~ii~lI~Mri§ .( ~ Ieru,-;: UAS"I'/'( I I . $ 1,000,000 I" . ,1nn nnn J-e.-.Jl et.AJMS MADE -,[{j"oceUR I MEDW<PIPM",epe,,,,n) •• 5,000 f...-________ 4200502743 11-16-10 1111612011 L&ADVINJURY 1.1 nnn nnn I $.? nnn nnn UABIUTY i-ANYAUTQ ~ ALL OVVNED AUTOS L-SCHEDULED AUTOS i-HIRED AUTOS I--NON-OWNED AUTOS I GA FG. LlASIU1Y I--ANY AUto COMBrNeD SINGLE LIMIT (Eaaccldent) BODILY INJURY (P$rperson} BODILY INJURY (Per acc!d<mt) • ..•• I .•.... i AUTO ONLY sO 1$ OTHER 'mAN .JeA",'=Ace<-jl...L '~~-~--l AUTO ONLY: AGO I • I ""CESS I UMaRELLA Ui\BIl11'V I eACH I • t:lOCCUR 0 CLAiMS MADE [ $ ~ I. '-DEDUCTIBLE I , ~. I. r-U~'--~C~~'.~WI'~~BI~~rr;:~~------------~----lr----~~~~ ;1 I~~ 'NYt" :~.~!. 0 I E.L "'"' I • ,In IH I. ~~~ . ~~'"~.'~~ ____ 4-____________ -+ ______ -+ ______ ~IE~ .. '~~-~POILU~~{~uMrr~IL-' ______ ~ NOf I 'BY rISPSC!AL IA~i:;; 'm3i Insured Endorsement CG 2010-City of South Miami ~ " UN """" 1",," I of South MIami 161 Sunset Drive ISouth Miami, FL 33143 I " l.ATION SHOU!..OANYOFTHEA60VEOESCRlBeo POUCIES BE CANCElLEOseFORETHe !EXPIRATION bATE THEReoF, THE ISSUING INSURER WILt. eNDEAVOR 10 MAIL ~ DAYS V.fR!iTEN NOT[CE,O THE CSRTlFiCATE HOLOER NAMED TO THe !,..EfT, SUT FAI!.URE TO 00 SO SHAl.1. IMPOSE NO oaLlGATION; OR L1Aa~U' (OF AN~ KINO tJ?,?N THE fNSURE~, lIS AGeNTS OR ~~~"m"A"iiVEv. LP--!---- ©" "I'm. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 temis and conditions of the policy, certain policies may require. an endorsement. A statement on this certificate does not confer rights to the certllicate holder in lieu of such endorsement(s}. DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing Insurar(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 (2009101) OTHER REGULATIONS 20-4.3 .. ", " (1'1) Ban.ners ooer Rights.of-Way. (1) Organizations wishing to display a banner over rights-of-way in the 'City of SoU:th Mlami must submit to the Plaun:il).g Department a "Bru;:mer Request" application at least tbirty (SO) days in advance. (2) .The city comlnission 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; (e) Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes place; banners must be removed within five (5) days after the end of the special event. . """'",;.::;:; ......,·:=:=;."''"'"c.C(d)' ;;;Riiiilier"deSigIT;,colet,',size;':proposedclocation:,and:W.9Jigg,E::.!l'l.ust b.e .. apjl!.9Y<edJ:)y .......•..•.. the city commission, and must be submItted along with req';st: ._ .• _ .......... _ .. -.... .. _.. ..... . (3) The organization displaying a b=er must provide proof of public Jiability insurance 'naming the City of South Mlami as additionally insured for the period of time banner is displayed. . '+ ,.- (4) 'The organization must pay a tw~k~Aa£ty'1hlhr~~) 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) oitha firms approyed by the oiLy to hang and remove the banners :w111 be the only entities performing this task. (Ord. No. 1-91-1466, 1-15-91; Ord. No. 9-92-1504, 5-19-92; OriL No. 4·93-1533, 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; OriL No. 22-01-1753, § 1, iO-2-01; Ord. No. 10-07-1911, § 1, 5-1-07) . INTErurAL REVENUE SERVICE P. O. BOX 2508 CINCIllNATr, OH 15201 DEC 0 8 2~ EARTH LEARNING INC 8201 SW 99 CT MIAMI, FL 33173' Dear Applicant, DEPARTMENT OF THE TREASURY EmJ21oye:c Identificat1cn Number~ 57-1170959 DW, 17053126012015 Contact Person: JOY M HLAVATY: contact Telephone Numbe~, (877) 829-5500 Accounting Period Ending' December 31 Public Charity Status, 170 (b) (1) (A) (vi) Form 990 Required, Yes. Effective Dat.e of' Exemption: June 11, 2003 Contribution Deductibility: Yes Advance Ruling Ending Date: December 31, 2007 1D# 31495 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 501·(c) (3) of the Internal Revenue Code. Contributions to you are deductible under sec~ion ~70 of the Code. You are also qualified to: rec,eive 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 50~ (e) (3) of the Code are further classified as either public charities O~ private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begine-with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Short,ly before the end of. your advance rll.ling p~'l:i.odl 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 r,otify you, in writing, about your. ptlbl~'~ charity status. Please; see enclosed Information for Exempt Organizations Under Section 501(e) (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 axe exempt under section 501(c) (3). In. cases where the recipient organization is not exempt under section 501{c} (3) r you must have evidence the funds will be used for section 501(0) (3) purposes. Letter 1045 (DO/CG) " -2- EARTB LEAJL~ING INC If you distribute funds to individuals, you should keep case histories showing the recipient's name and addressi the purpose of the award; the manner of selection; and the relationship of the recipient to' any Q,f your officers, directors t trustees, members, pr major contributors. Sincerely, ~f~ -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 CITY OF SOUTH MIAMI STATUS: BANNERS OVER RIGHT-OF-WAY 2011 Applicant SUbmittal Event Event Banner Location of Date Date(s) Hang Dates Banner Beaux Arts-11-1-10 Beaux Arts Jan, 8-9,2011 Dec. 24, 2010-5800 Sunset Dr. Lowe Art Festival UM Jan 9, 2011 MuseumUM S.M, Rotary 9-23-10 SM Rotary Art Feb. 26-27, Feb,l2-27, 5800 Sunset Dr. Club Festival 2011 2011 Fairchild 1-7-11 Chocolate Jan, 21-23, Jan, 19-23, 5880 Sunset Dr, Gardens Festival 2011 2011 Fairchild 2-8-11 Orchi.d Festival March 11-13, March 1-13, 5880 Sunset Dr. Gardens 2011 2011 Earth Learning 2-15-11 Farmers Market February 15, February 16, 5995 Sunset 2011· every 20ll-March Drive Saturday 2,2011 -------------------~'--'--_L--____ Commission Commission Approval Resolution Date No. November·l6, 238-10-13272 2010 December 7, 2010 265-10-13299 January 18, 13-11-13327 2011 February 15, -------------~- 2011 February 15, ----_ .. _------- 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 carl 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)(l) of the South Miami Land Development Code, and approval ofthe 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, FLORIDA: 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 sunrmer and one month during the fall provided the location and the manner of their placement is approved by the City's Planuing and Zoning Department and its Public Works Departments. The operator shall provide the banner and Page 1 of2 I I I I I I I I I I I I I I I I I I I I 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 th day of Jun~ 2011. APPROVED: COMMISSION VOTE: 3-2 Mayor Stoddard: Yea Vice Mayor Newman: Nay Commissioner Palmer: Yea Commissioner Beasley: Nay Commissioner Harris: Yea Page 20f2 I I I I I I I I FARl\1ER.'S MARKET AGREEMENT 'THIS Agreement is entered into o~ /ri"dayof AIg>fem.b(!R ,2010, between The City of South Miami, a municipal corporation ("City") and Earth Leari:rlng, Inc. (EL), collectively referred to as the Parties ("Parties"). WHEREAS, the City is desirous of having au open air fatmer's market ("Jvf..axket"); and wHEREAS, the City desires to engage and retain the services oiEL to develop, establish, and manage a Merket at City Hall, 6130 Sunset Drive, South Miami, FL 33143; TIIEREFORE this agl:eement will be for the period beginning d:4 1 /rNe4tkflO 10 and ending IK~ &t>-It'mJr:!r ,2011, with option of ermual renewal. T~ Marketwill be opetation.:!i on a weekly basis, each Saturday. beginning December 41h, 20'10. AGREEMENT I. 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-u)? will begin at 7 ani and breakdownconcludlng 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 facilitielS; • Access to extemal utilities (electrical and water)'whicli does not require any modifications to the existing locations; • At the City's disCretion it may provide certain marketing andlor advertising. " Recycling and garbage bins and access to dumpster, should th~ dumpster become overflowed due to the Market's use it is the responsibility oiEL to acquire additional dumpsters to satisfy the additional utilization. ID. Market Management: 'The Management of the Market is the respqnsibility ofEL with the Market Manager being a person empioyeJl by EL who will be responsible for i4e day-to-day operation of the Market. EL is responsible for the monit~ringofthe Market Manager's perlbrmance and has sole discretion ofhirlng, 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 Itt 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 fuod vendors (minimum of four [4]) 2. Local artisans and sustalnabl:y -produced crafts (minimum of six [6]) 3. 'Native and edible pJant supplies Ilnd services (minimum of one [1]) 4. Greenfappropnatetechnology vendors (minimum of one Il)) . 5. COll1ll1unity-basedleducational organizations (minimum of two [2]) 6. City Green Task Force presence (at the discretion of the City; one [lJ tent) 7. City residents: back yard fruits and vegetables, local food vendors, neighborhopd initiatives (one [1J 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 fuod pteparation (as described below as "Prepared foods") will be allowed on-site but must conform to all applicable laws imd regulations. Artisan crafts (as described below) and green products and services may be allowed at the sole discretion ofEL. Displays of public interest, such as rmtritional, health or consumer 'infurmation, may be displayed at the sole discretion ofEL. 1. 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 Grafts: a. Local, hand-made with sustainably harvested raw materials; b. Other locals hand-made items with sustainabiy harve~ed raw materials; 3. Prepared foods: a. Use local, organically-grown produce, meats, and dairy products (non-factory- fanned); b. Use arganically-grown produce, meats, and dairy products (non-mctory-farmed); c. Use conventional produce meats, and dairy products (non-factory-farmed). 4. The sale or consumption of alcohol1c beVerages on the market site is prohibited [emphasis added}. EL is responsible for developi11g the Market policies and procedures prior to the Market's occurrence upon City property. All poliCies and procedures wm 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 prier to its effect and approved by the City Manager. VI. . }J.f.a:rket fees: See fee schedule, Appendix 1; to this Agreement. VlI. 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. . VITI. Display prices, licel',ses, product inspections, weightS, measures, and pesticides rules: EL is solely responsible for developing and writing policies related to display of p'rices, licanses, products inspection certificates, weights, measures, and pesticide disclosures; and wm 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 rui required by law. 1X. 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 Marlcet 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 hefshe 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 so Ie 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 oiEL to address any and ail violations ofthls agreement by vendors. It is the sole responsibility ofEL to deal willivendor(s) who are in violation ofEL policies and prooedures. EL is responsible fot enfurcing the :Market rules and it is llie responsibility of EL to ensure that vendors abide by \he approved rules. XlI. Live animals: The sale of Jive animals is expressly proi-Jbited. Animals may be brought to the market on occasion for educational purposes only. Pets that are brought to the market must be 6n a leash or properly carried in a specialized pet container or transporter. XfII. Vendor parking': All vendor il:ucks and/or trailers must be unloaded and parked off- . site befure the Market opens. Vendo~ are responsible for fmding and paying for their own parking. XIV. The City, at its ;ole discretion, may entertain investing effort·to develop the Market as a premier South. Florida green event and destination, £L is willing to meet half-way and put all its efforts into developing a Market infrastructure willi outside funding; EL will collaborate willi the City to fund these investments in infrastructure. :Market infrasil:ucture 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 ,equired. 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 fue Green Task Force regruarly for coordination. EL understands iliat fue Green Task Force is an advisory Committee and under any circumstances may approve Or deny any modification to this agreement. XVI. BL will pro'vide comprehensive general Hability insurance under their Market policy and will list TCSM as additional insured with $1,000,000.00. XVII. EL will explore fue development of an online social networking site with City in order to build further community around The Market and other potential EUCity collaborative initiatives. XVI1i. EL will collaborate with the City on grants, sponsors, and other funding resources for the Market. XIX. Agreement Termination: Either party ca.'1 terminate this agreement with 60 days written notice. XX. Notices: All notices, demands, or requests; provided fur or permitted to be given purS'Urult to this Agreement must be in writing and shall be delivered or sent, with the copies indicated, by personal delivery, telecopy (with confinnation and additional copy sent by overnight delivery ~ervice) or overnight delivery service, (by a reputabJe 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: With a copy to: ' To Earth Leaming, mc.: Hector'Mirabile, Ph. D. (or the then current manager) 6130 Sunset Drive South Miami, FL 33143-5093 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, Pi:-33143-5093 [Insert Name and addressJ XXI. Amendment: No amendm6lrt or modification of this Agreement shall be valid unless in writing and duly e::recuted by the pa..-nes affected by the' a!Ilendment or modification. XXlI. Walver: Any waiver or changes to this agreement by either Part:.r 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 seIDe or any other provision. of this Agreement. xxm. Severability: In the event that any pordon of this Agreement is illegal or unenforceable, it shall irlIect no other provisions of this Agreement, and the remainder of this Agreement shall be vaiid an.d enforceable in accordance with its terms. XXIV. Assignment! Neither this Agreement not any rights under·ibis Agreement may be assigned by either party. IN WITNESS WHEREOF the petties have executed this agreement on this .e!l day of i;()"'l'mif'c , 2010. . , ATTEST: .. ?/. ,"g / witness: iI-'t' ~Qy~ Maria M. Menendez witness: 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, luI'. to establish audoperate a farmer's market within the City; and providiug an effective date. WHEREAS, the City Commission desires to establish a farmer's 1Jlarket within the city to, enable its residents to purohase fresh produce and other related items; and WHEREAS, the City sought proposals from vendors to operate a fanner's market within the City and Earth Leaming, Inc. submitted the most favorable proposal; and WHEREAS, the City received an Administrative Grant in the amount of $1 0,000, for the Sonth Miami Farme!,'~ Market project. . ' , ''WHEREAS, the City will issue a check to Earth Leaming in the amount of $1 0,000 and they will allocate the funds as stated on their Jetter dated November 22, 2010. , , NOW T:a:EREFORE BE IT RESOLVED BY T:a:E MAYOR AND CITY COMMISSION OF T:a:E CITY OF SOUTE[ MIAMI, FLORIDA: Seotion L 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 ~ day of Nov. ,2010. ATTEST: APPROVED: ~ 0.()?1R-M~n.£94-/ f!JJ Hlva:J4-CITY CLERK ~... -y MAy COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner If<n:ris: READ APPROVED AS TO FORM AND VE !ClENCY: CITY ATTORNEY Additions shown by u.l1derlining and deletions shown by o"ferstriMag. 3-0 Yea Yea absent absent Yea . "_ ..•. , ...... ,_ .. ,.,, .';-. 20-4.3 SOUTH M"lAMI LAND DEVELOPMENT CODE Sign, portable outdoor dining. Shall mean an A-frame .sign which is permitted for restaurants which are licensed to provide outdoor d.infug areas on either public or private . property .. Sign, portable. Shall 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 simila, means; and all signs converted to A-or T-frames, sandwich board signs, umbtellas 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-to-day operati9ns. . . Sign, p;oject 'identification. Shall mean a sign relating to a multiple-family unit residential 'project and identif.ying the ~ccepted ,name 'of the project, but which does not include rental or sales inforxq,atiori or tenant or owner names. " , , , Sign,projecting. Shall mean any sign aff'"xed to a building or wall in such a ma:oner thatits leading edge extends more than nine inches beyond the surface of such building or wall. Sign, real 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 integral 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 any way to trees, utility poles or other objecte and where such sign does not apply to premises whereon it is located. Sign, temporary. Shall mean any sign of lightweight fabric or similar matarial 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 institution 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 oflettering, 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 is restricted by the private owners and gives information concerning the tow away policy esteblished 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 visible 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(J). The following signs or displays may be erected 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 issuarlCe of a valid electrical permit: (1) City erected signage on City property, private property or public rights-of-way, and any official Federal, State, County or City traffic infurmation, wanUng or danger signs, handicapped parking and aU other signage required by any applicable codes. f • --------•• -•• -•• -.-~-'-'~'''' ._, ... _, ••••••••• "'"'''''-'~''' •••••• ~ .. -.... ---•• ,." •• "--' •• ~-•• ' •• -.--,--••• ~.~,---",--•••• --'.-". Y. _ ••• , ____ • '.',....-,," ._~_._,~~ •• __ .L ... , . Supp. No. 13 78 ... : '. APPENDIX·1 LETTERS IN SUPPORT OF THE SOUTH MIAMI FARMER'S MARKET LETTER! From: Dale Andree [daleandree@yahoo.com] Sent: Sunday, May 15; 2011 9:45 PM To: Korth, Jennifer Subject: Fanner's market Hi Jennifer, I'm a resident of South Miami. I live on SW 65th Ave .. A.r.nick Sternberg encouraged me to write to you concerning the South Miami Fanner'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 fO,r me. I don't have a regular doctor and recently I was told I should have an EKG but I didn't know where to go for one short of going to the ER. The next day I was at the Fanner's Market and there were representatives from South MirurJ Hospital giving out information about the Women'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. So I give it "all thumbs up"! I love it!! Dale Andree LETTER 2 From: Bixby, Natalie [nbixby@miami.eduJ Sent: Wednesday, May 25, 2011 8:34 PM To: Korth, Jennifer eCI mchael@chaelcooper.com; Bixby, Natalie Subject: South Miami Farmers' Market' At the South Miami Farmers' Market, my family and I feel like guests, rather than customers. When r 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. It's a place to get to know your farmer, and learn as much as one can about growing, harvesting, and preparing Iocal foods. It's a chance to leam 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 least, It's a place to feel like you are 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 LETTER 3 From: tsyr chow [tsyrhan@hotmail.com] Sent: Monday, May 30, 2011 7:36 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 tlJe creation 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 to them a location to sell their products. We hope to attract other like 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 from the market. I hope this encourages and enables people to use public transportation. If we persevere, the South Miami Farmers Mark.et 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, tsyrH LETTER 4 From: s gallo [sueOgallo@gmail.com] Sent: Wednesday, May 18, 2011 1:38 PM T(): Korth, Jennifer Subject: Letter of support for me Soum Miami Farmer's Market Hi Jennifer, I wanted to express my appreciation mat South Miami has made a farmer's market available to the community. I have lived allover North America, and visited many, many such markets and have found South Miami's to be innovative and strongly community 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 my son, purchase lovely, local produce and visit with neighbors. Keep up the good work, and please help it grow. Regards, Sue Gallo SW 61stST LETTER 5 From: Jeff Guerra [jeffguerra@bel1south.net] Sent: Wednesday, May 18, 2011 2:08 PM To: Korth, Jennifer Hi 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 wonderfi.tl meeting place, locally grown healt.lJ.y food, ... what more could you ask for? Jeff Guerra 7410 SW 63 Ct. South Miami LETTER 6 From! Len Hirschtritt [lenitt@gmail.com] Sent: Wednesday, May 18, 2011 5:28 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 like for it to continue operating as it has'been. I am: Lenny Hirschtritt 5101 sw 65 avenue miami33155 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: alix lafond [alixlesly@yahoo.fr] 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 grat move to move the market from the parking lot to the shade, trees in deed make a great difference ... Regards, AUx LETTERS From: Suzanne Koptur [kopturs@fiu.edu] Sent: Wednesday, May 18, 2011 2:42 PM To: Korth, Jennifer Subject: we love the South Miami f,,-lmer's marketl Dear Jennifer, As a 22-year res,ident of South Miami, I can say that the Farmer'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 farmers 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 I 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 folks, aiways willing to explain things and talk a little about how to best grow or use the various plants and other products, 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 possible to oontinue 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 7641SW 65 PL S. Miami, FL 33143 'LETTER 9 From: Randie Levine [randielevine@gmaiLcomJ Sent: Monday, May 23, 2011 8:48 AM To: Korth, Jennifer Subject: South Miami Farmer's Market I have been going to the Farmer's Market since it opened and wouldn't buy my produce any where else. It's a great piace to visit with neighbors and a great 'outing' for the kids! KEEP UP THE GOOD WORK! Randie Levine LETTER 10 From: Doug Mackey [dml03J@gmail.comJ Sent: Wed.'1esday, May 18, 2011 3:38 PM To: Korth, Jennifer Co: pla.~iff@bellsouth.net Subject: SM Farmers' Market Hi Jel1Pifer: I hope our Farmers' Market will grow and continue to serve the residents of our community. I feel that it already has brought foll{s 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 iPad LETTER 11 From: Leo Malvezzi [leomal@atlanticbb.net] Sent: Wednesday, May 18,2011 10:15 PM To: Korth, Jennifer Subject: Fa.lIler'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 Malvezzi LETTER 12 DMS Studio, Inc. Consulting & Writing Services May 18,2011 Jennifer Korth 6544 SW 78th Terrace. South Miami, FL 33143 786.210.9750 wtitearnoun!:@vahoo.C{)i:n Grants & Sustainable Initiatives City of South Miami South Miami, FL 33143 Jennifer, I welcome this opportunity to write a letter In support of the Farmers Market of South Miami. As one who grew up in an area ofthe 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 chance to meet friends and neighbors while shopping. I believe that asa 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 OUT city more pedestrian-friendly is an initiative that I heartily endorse. The Farmer's Market creates one more reason fOT 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, 'j::>OI'l-IM! M. sl1eLLe!:j 6544 SW78th Terrace South Miami, FL 33143 LETTER 13 From: Regina McFall [mcfal!23@gmail.comJ Sent: Saturday, May 14,2011 12:25 PM To: Korth, Jenl1ifer Subject: farmers market Hi, I just got back from the farmers market, I go every week I can, I was so happy to see it continuing daring our warmer months, I hope it continues tbm out the surmner. The farm fresr,ness and the friendly people make you feel good. It is also a great way to keep our locals ip..formed of happenings in our community. Lets go 10ca1 . .8incerly, Regina McFall, south miami resident LETTER 14 From: sunrsky [sunrsky@ya!Joo.comJ Sent: Monday, April 18, 2011 9:24 AM To: Korth, Jennifer Subject: South Miami Famler's Market Dear Ms. Jennifer Korth, Mary and r 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 speaklng with one of the vendors, they complained that there was not enough business to justifY their presence. In addition the stone crab person has not been presenting his best stone crabs, probablysaving 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's, the square was rundown with homeless, a significant amount of crime, a park encumbered with trash etc.Because 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 Miami 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.eomlnymetro!news/anniversary/n_8592/ LETTER 15 From: Kyle Saxon [kylesaxon@catlin-saxon.com] Sent:· Thursday, May 19, 2011 1:51 PM To: Korth, Jennifer Subject: South Miami Farmers Market Jennifer, I am writing to express my support for the weekend farmers market in South Miami. I have lived in the City of South Miami since 1980, 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-saxon.com LETTER 16 From: Glenn Terry [bettenniami1@yahoo.coro] Sent: Thursday, May 19,2011 5:40 AM To: Korth, Jennifer Dear 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 market's many volunteers have put into this project. Glenn & Francesca Terry, Coconut Grove LETTER 17 From: brenda yates [brendayates@bellsouth.net] Sent: Wednesday, May 18, 2011 2:32 PM To: Korth, Jennifer ee: '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 market to buy fresh vegetables, fruits and breads. I 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 I 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 64th Place 8outhMiami, FL 33143 P: 305-446-0406; F: 305-476-1519; C: 786-258-6500 LETTER 18 From: Dr. A V [oxfordOO@yahoo.eom] Sent: Thursday, June 02, 2011 9:10 AM To: Korth, Jennifer Suliject: 8M Market Move Thank you so much for moving the SM Farmer's Market to the tree shaded parking lot in front of SM City Hall. The improved location makes shopping more enjoyable & coolerl We are glad that the move was done but regret that it should have been sooner. Regards, P. Villamor, PhD. M. Vlllamor J. Vlllamor APPENDIX 2 Earth Learning 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 Remaining Budget Spentto Date Balance Advertising 2,000.00 1,994.10 5.90 Tent 3,200.00 3,200.00 Supplies 800.00 782.65 17.35 SNAP/EBT 4,000.00 2,670.23 1,329.77 Nutrition Ed 414.99 EBT Wireless Card Reader 417.25 EBT-related Outreach 296.72 EBT-related Advertising 1,541.27 Total 10,000.00 8,646.98 1,353.02 I' • '",. .,' , ,'H, CHECK 1334 Date: 1/1812011 Amount: $ 500,00 $'''"'~ JR-i~H t:;e;JiRNfUG Edible South Florida 1625 i'once<le leon BLVD PM!lS14, MEMO Inv2Sesf 111112011 ," , ~ , 1334\ OOliARS 1 ;''i--' ~ i L 1: til! 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" MIAMI DAILY BUSINESS REVIEW Published Daily except Salurday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -DECEMBER 6, 2011 in the XXXX Court, was published in said newspaper in the issues of 1112512011 Affiant' further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuous!y published in said Miami~Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami~Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor romised any person, firm or corporation any discount, e, commisslo or refund for the purpose of se' erti blication in the said spaper. MARIA MESA personally known to me ~4SE I]UNDAy, NOVEMBER 27, 201_1 __ -"10, ________ " __ , __ " _____ , MiamiHerald,(om I THE MIAMI HERALD 3000SW 87th Ave. Miami' coIumbushs.com • 305-223-5650 ~~' ~-rJ ·'·W CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for ~ December 6. 2011, beginning at 7:30 p,m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A resolution to place a non-binding referendum question on the February 14, 2012 election baUot to allow voters to express their approval or disapproval of a City pool to be constructed, maintained and operated by the City. An ordinance calling for a voter referendum to amend Article V, Section 2, subsection B of the City of South Miami Charter, deleting the provision for election conducted on a group basis and providing for one vote for each seat and an election base on the candidate(s) who receive the highest number of votes. ( An Ordinance authorizing the City Manager to enter into a franchise contract with Earth' Leaning, Inc. for the operation of a Farmers Market on City of South Miami property. ) ALL interested parties are invited to attend and wi!! be heard. For further information, please contact the City Clerk's Office at: 305-663-6340, Maria M, Menendez, CMC City Clerk Pursuant to Florida Statutes 2$6.0105, the City hereby advises the publiC that if a person decides to appeal any decision made by this Board, Agency or C<lmmission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence to oe based. • Registration now open /orllte 2O~2·2013 school yeal. lK·l U\roush Blhgrade} Open House-for K-3 & K·4: January 28, 2012- ApprrcaUon Deadline; Jal1l)sry 27, 2-012 Entrance Eltam (K·$ through IHh grade) February 4, 21HZ t'Wfrcaooa Deadline; FebruafY3, 2012 fofirnormatiotl, or to scOOdt.'!a a private !-,I'Jr, please calt 30522HI49 www.conchitaesplnosa.com : NOMINATE YOUR FAVORITE • • • ~~mc57~~~ • • • • • • • • • • BeginningJanuary 2012, the City of Coral Gables and the Coral Gables Chamber of Commerce will recognize all individuals, groups or organizations that displ.y'Random Acts of Kindness" throughout the community. This_award honors those individuals who Jive or work in the_City of Cora! Gables as well as local organizations and groups that have done a caring deed that helped make our community a great place to live or work, Anyone can nominate someone who has done a spontaneous and unexpected act of kindness! Nomination forms are available at Cora! Gables City Hall and can also be downloaded by visiting the homepage www.coralgab!es.com. G, No act of kindness, however small, is ever wasted ~ '! l\e50p • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••••••••••••••••••••••••••••••••••••