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2001-24519 RESO J RESOLUTION NO. 2001-24519 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST OF THREE ONE (1) YEAR RENEWAL OPTIONS TO THE CONCESSION AGREEMENT WITH GOLD STAR PARKING SYSTEMS, INC. FOR VALET PARKING SERVICES FOR THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOPA); SAID ONE YEAR OPTION COMMENCING ON SEPTEMBER 15, 2001, AND EXPIRING ON SEPTEMBER 14, 2002; FURTHER APPROVING AN AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF VALET PARKING SERVICES TO THE LINCOLN ROAD CORRIDOR (LINCOLN ROAD UNIFIED VALET PARKING SERVICE). WHEREAS, the City is currently providing ancillary parking services in the form of valet parking services at the Jackie Gleason Theater ofthe Performing Arts (TOP A), the Miami Beach Convention Center (MBCC), and other City property, as required; and WHEREAS, Gold Star Parking, Inc. has provided valet parking services for the City since October I, 1986; and WHEREAS, the Administration has competitively bid this service, most recently on May 13, 1999; and WHEREAS, the initial two (2) year term of the existing Valet Parking Services Agreement with Gold Star Parking, Inc. (Concession Agreement) expires on September 14, 2001; and WHEREAS, the Concession Agreement provides for three (3) additional one-year renewal terms, at the sole discretion of the City; and WHEREAS, the Administration recommends exercising the first one-year renewal option, commencing on September 15,2001 and expiring on September 14, 2002; and WHEREAS, the Administration also recommends an Amendment to the Concession Agreement to allow Gold Star to provide ancillary parking services in the form of valet parking services to the Lincoln Road Corridor; and WHEREAS, the Lincoln Road Unified Valet Parking Pilot Program has been deemed successful; and WHEREAS, Lincoln Road Marketing, Inc. endorses this concept and approves of the establishment of the program on a consistent basis; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the first of three one (1) year renewal options to the Concession Agreement with Gold Star Parking Systems, Inc. for Valet Parking Services for the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A); said one year option commencing on September 15,2001, and expiring on September 14,2002; and further approve an Amendment to the Concession Agreement for the provision of valet parking services to the Lincoln Road corridor (Lincoln Road Unified Valet Parking Service). PASSED and ADOPTED this 18th day of J1,11y, 2 01 - ATTEST: ~r fwJ)Pv CITY CLERK JMG/CMClSF L:\CMGRIAGENDA\2001 \JUN2701\CONSEN1\TOPA01.RES APPROVEO AS TO FORM & LANGUAGE & FOR EXECUTION 05/1&/2001 02:0& 305538433& CHAMBER OF COMMERCE PAGE 02 ~ , . I i i I Lincoln Road Marketing Inc. Board ofDirect~rs Meeting Minutes of June 2,2000 Members AttendinQ: Gary Knight, AnCenter South Florida Doug Merilatt, New World Symphony Robert Warren, The Frieze Guestsl'iAttendinl! Mitch Wentwbrth-Fritz's Ronnie Singet-City ofMB James Quinla:h-City ofMB Virginie Ber~-French Consulate JeffBechdel-iLRMI Staff , . i 1. Welcome & Call To Order) Since there was not a quorum, we agreed to discuss the folIo\lling items because of their timely nature. Action: In order to increase attendaii\ce at the next meeting a notice will be sent with two possible dates. Eal:~ member will be asked to fax back their availability and best day lInd time. to meet. It is imperative that we improve attendance at these meetings.) It is not fair to the Board members who make a committed effort to be there;!and not have enough members to make any decisions. ; , . ! n. New Business ! " .' A)New Appointments To The Board , Because several members are no longer eligible to serve as atesult of their attendanc~ record, it was suggested to seek additional nomin~tions for the next meeting. There are two openings in the Property Owner catesory. but it was recommended that Mitch Wentworth (Fritz's Sl<ateshop) be c~msidered as one of the new Board members, as he has consistently attended meetings. Action: Bechdel wiII follow-up on the national chain representati~e who was to serve on the Board. Requests for nominations will follow theselwith the next meeting notice. B) Music & Entertainment On The Road '~ It was announced that the Summer Music Series will be co-sponsored by the Visitor & Convention Authority, North Beach DevelopmentCorp and the City. It will start in July and run through Labor Day. The proposal is for there to be a musical performance every Thursday night in the 1000 blO1!:k of Lincoln Road. Addilionally, Quinlan, Merilatt and Bechdel will meet to di~uss a long-term plan for non-amplified music performed by New World Symphol'ly members. This is to fill the void created when the restaurants' music special e..knt permitS were not renewed last year. : Action: They will report back to the Board on the progr~. C) Reviving Lincoln Road Unified Valet Program I The sub-committee is meeting with the Parking Department~o devise a plan to bring back the unified valet program that enabled individual~ to valet at any cross ." ., BS/16/2BBl B2:B6 CHAMBER OF'COMMERCE , 1 , 1 , i ! . l 1 I street and later pick-up their car at any other cross street on th~ pedestrian mall. The previous plan worked well, but there was very little promtition and . marketing. i Action:The sub-committee will work with the Parking Department, businesses, mcdia and other organizations to ensure that p~ople are aware of The program and promote it. ' 3BS5384336 PAGE 03 , " . . ."; D) Art Basil Show: One of the most prestigious Art Shows in the world has madei commitment to Miami Beach starting in December, 2001. It will bring exhibj~ors and visitors from around the world and hopefully increased business to Litlcoln Road. It was mentioned that another art show was looking to benefit from Art Basil by having exhibits on and around Lincoln Road around the same dates. ~ction: It was strongly recommended they submit a formal proposal for iihe Board's review. E) Registration of Dogs , . It was suggested that the City look into requiring dog owners llo register their pets and that the registration fees be reinvested in sanitary clean-ull and other pet issues. Action: Singer said she would explore that conceptiat City Hall. F) Miami Hotel Shuttle , For several months the Wyndham Hotel on Biscayne Boulevard has offered a free shuttle service ITom the hotel to Lincoln Road. Bechdel has been providing them with maps, brochures and special event information. Adion: 1Jechdel will also contact other other downtown Miami hotels about offering the same service. fiJ. Next meeting date- to be announced ," , . AfterAction July 26, 2000 City of Miami Beach 10:47 p.m. R9C Discussion Regarding Funding for Kids' Calendar/Community Calendar and Renovation Plans for Miami-Dade County Public Schools. (Requested by Commissioner Matti Herrera Bower) (Deferred from July 12,2000) ACTION: Discussion was held. Lawrence Levy stated that the funding is for August and September and should be less than $1,000. The Administration will find the money. Patricia Walker and Maria Ruiz to handle. 8:43 p.m. R9D Discussion Regarding Convention CenterN alet Parking. (Requested by Vice-Mayor Nancy Liebman and Commissioner Matti Herrera Bower) ACTION: Discussion was held. $1.00 increase approved. Vice-Mayor Liebman, at the request of Arthur Schultz, President of Gold Star Parking, Inc., asked the Commission to consider adding $1.00 to the valet parking rate for TOP A and the Convention Center. Motion made by Vice-Mayor Liebman to approve the $1 increase; seconded by Commissioner Bower. Commissioner Bower amended the motions to approve the increase and refer to the Transportation and Parking Committee and the Convention Center Advisory Board for their review. Vice-Mayor Liebman accepted the amendment. Voice vote 7-0. Jackie Gonzalez and Mayra Diaz Buttacavoli to place on board agendas. City Clerk's Note: This item was reviewed on Oct. 20, 2000 to clarify the referral language. The referral to the two committees is to determine if the City should receive an increase and if so, how much more over the $1 needs to be approved. 10:48 p.m. R9E Discussion Regarding Miami Beach Community Church Sunday Parking. (Requested by Commissioner Simon Cruz) ACTION: Discussion held. Administration to investigate using the Preferred Parking Lot east of City Hall. Jackie Gonzalez to handle. 10:52 p.m. R9F Discus~ion Regarding Mayor and Commission Office Space Renovations. . (Requested by Mayor Neisen Kasdin) . Prepared by the City Clerk's Office M:\$CMB\C1TYCLERIAFTERAC1\2000IAA072600. WPD 41 CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GOLD STAR PARKING SYSTEMS, INC. FOR PROVIDING VALET PARKING SERVICES FOR THE PATRONS OF THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS, THE MIAMI BEACH CONVENTION CENTER, AND OTHER SITES WITHIN THE CITY OF MIAMI BEACH. THIS AGREEMENT made the 15th day of September, 1999 between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida (hereinafter called the "City''), and GOLD STAR PARKING SYSTEMS, Inc., a Florida Corporation, with offices at 1674 Meridian Avenue, Suite 308, Miami Beach, Florida 33139' (hereinafter called the "Operator"). WITNESSETH WHEREAS, the Mayor and City Commission, on behalf of the City, is vested with jurisdiction over and control of all City owned property in the City of Miami Beach; and WHEREAS, the Operator desires to obtain from the City, the exclusive privirege of operating valet parking concession(s) at various locations on City property in the City of Mianii Beach, to provide services as hereinafter described, and the City desires to enter into an Agreement with the Concessionaire for operation of said concession(s); and WHEREAS, the Mayor and City Commission have authorized this Concession Agreement by the adoption of Resolution No. 99-23258. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. The City hereby grants to the Operator, and the Operator hereby accepts from the City, exclusive agreement to operate valet parking concession(s) on City property at the follo\\ing locations within the City of Miami Beach in conformance with the purpose and for the period stated herein and subject to all the tenns and conditions herein contained and hereinafter set forth: Jackie Gleason Theater of the Performing Arts, located at 1700 Washington Avenue, Miami Beach, Florida 33139 Miami Beach Convention Center, located at 1900 Convention Center Drive. Miami Beach, Florida, 33139 Other City Property, as required. .' 1 " 2. TERM. This Agreement shall have an initial term of two (2) years, commencing on the 15th day of September, 1999, and ending on the 14th day of September,2001. The City may, at its sole discretion, extend the Agreement term under all the terms and conditions contained in this Agreement for up to three (3) additional one (1) year terms, following expiration of the initial two (2) year term. The City must give the Operator written notice of its intention to extend the Agreement term not less than sixty (60) days prior to the end of the initial term, or the renewal term (as the case may be) then in effect. 3. USES. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following services, and only such business and services, at the locations as set forth below: (I) Operate a valet parking concession at the Jackie Gleason Theater of the Performing Arts (TOP A); the Miami Beach Convention Center (Convention Center); and such other locations on City property which the City Manager or his designee may specifically authorize in writing. (2) The Operator may use one hundred (100) parking spaces in Municipal Parking Lot 5C, located on the east north comer of Convention Center Drive and 17th Street, or at such other locations as the City Manager or his designee may specifically designate in writing (the parking facilities' or the facility). No charge shall be made to the Operator for the use of the parking facilities referenced above. (3) At its option, the City shall make available additional parking spaces of up to thirty (30) parking spaces, at Municipal parking Lot SH, located on the north side of 19th Street, between Meridian Avenue and Convention Center Drive, and/or up to one hundred and fifteen (I IS) parking spaces in Municipal Parking Lot SF, located on the east side of Meridian Avenue between 17th and 18th Street, upon written request from the Operator, 24 hours in advance. 4. NOTICES. All notices from the City to the Operator shall be deemed duly served if mailed by registered or certified mail to the Operator at the following addresses: r;.~<.p Sl41i' I iV'~ IV} <t ,.,1t-?1~/4'7.- "1vl! M,."" 1:,1111'1I'3'3/:S~ ~'- All notices from the Operator to the City shall be deemed duly served if mailed to: ." Office of the City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (w/copies to the City Attorney and Parking Director) \ 2 The Operator and the City may change the above mailing address at anytime upon giving the other party written notification. All notices under this Agreement must be in \\Titing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a co-partnership between the City and the Operator or to constitute the Operator as an agent of the City. 6. MAINTENANCE. The City agrees to provide the facilities to Operator in their "as is" condition, except for such maintenance by the City as would normally be carried out in its day to day maintenance of City facilities, and/or as otherwise deemed appropriate by the City Administration with regard to maintenance of these partiCular facilities. Notwithstanding the foregoing, during the term hereof, Operator, at its sole cost and expense, shall, to the satisfaction of the City, keep and maintain the facilities, and all improvements thereon, as well as any portions of the Convention Center and/or Theater utilized by the Operator incident to this Agreement, as applicable, in good and sanitary order: Operator agrees to return them to the City in the same condition, or better, than they were provided to the Operator at the commencement of this Agreement. 7. ASSIGNMENT: NO SUBLET. The Operator mav not sublet or assign this Agreement, or any part thereof, under any circumstances, without the prior written cOnsent of the City. In the event Operator is a corporation, Operator agrees that no shareholder shall sell, assign, transfer or convey his stock (except by operation oflaw) nor, shall the corporation issue any additional shares of stock under any circumstances, without the prior written consent of the City; provided, however, the shareholders shall have the right to convey between themselves and their spouses and children, without consent. 8. IMPROVEMENTS. The Operator accepts the parking facilities provided in this Agreement in their present "as is" condition. The Operator must fIrst obtain the City's approval in \\Tiring for any alterations, additions or improvements to the facilities and then must pay for such modifIcations, which become City assets upon completion. Detailed plans for improvements shall be submitted to the City within sixty (60) days follo\\ing the execution of this Agreement. The Operator must provide, install and maintain, at its own cost and expense a valet parking stand(s), kiosk(s), and/or booth(s), Equipment supplied under the Agreement shall be new, and in excellent condition prior to installation and during operation. The height and the color of the equipment supplied shall be the same at each location. All equipment supplied under the Agreement must be approved by the City Manager or his designee. Storage of said equipment is the sole responsibility of the Operator. . The Operator shall have the right to use City equipment, furnishings, and fIlI:tures, if any, that may be presently used in conjunction with the operations with the prior written consent of the City Manager or his designee. The Operator shall maintain said equipment, furnishings, and fill:tures, if there are any, during the term of this Agreement at its sole cost ana expense. In the event any of the aforesaid items are lost, stolen, or damaged, they shall , . ~ .:> be replaced or repaired at the cost and expense of the Operator, ordinary wear and tear excepted. Upon the expiration or termination of the Agreement, the Operator shall quietly and peacefully, redeliver said equipment, furnishings and fixtures to the City. 9. SECURITY. The Operator must provide any security measures which may be required to protect his area and his equipment, materials and facilities. Said security measures may not violate other restrictions of this Agreement. 10. PERMITS: I.ICENSES' TAXES. The Operator agrees to obtain and pay for all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Operator. The Operator shall also be solely responsible for payment of any and all taxes levied, as a result ofits use(s) pursuant to this Agreement, including any and all ad valorem taxes that may be levied against the facilities as a result of Operator's use of same. In addition, the Operator shall comply with all rules, regulations and laws of the City of Miami Beach, Dade County, the State of Florida, or the U.S. Government now in force or hereafter to be adopted. The Operator shall pay for any and all occupational licensees) necessary for the conduct of the business in a given fiscal year, in full, not later than September 3'Oth of the prior fiscal year. 11. I JTIL ITIES. The Operator agrees to pay for all electricity used within the facilities. The Operator agrees to supply all other utilities, including but not limited to, water, gas, telephone and garbage disposal. 12. SIGNAGE. Operator shall provide, at its sole cost, required signs at all public approaches to the facilities. All advertising, signage and posting shall be approved by the City Manager or his designee, and must be in accordance with the applicable sign criteria, as required by the City's Planning and Zoning Department or the City's Zoning Ordinance, as amended. 13. TRASH AND GARBAGE REMOVAL. With respect to trash, rubbish and garbage removal, the Operator shall provide, at its expense, sufficient traSh receptacles. Dumping of receptacles and removal of trash, rubbish and garbage in connection with the use(s) pursuant to this Agreement shall be the responsibility of the Operator, and shall be coordinated v.ith the Convention Center and TOP A. . 14. PERFORMANCE SECURITY. The Operator will post either a Performance Bond, Irrevocable Letter of Credit or, a cash deposit, in the amount of five thousand dollars ($5,000) prior to the execution of this Agreement. If a bond is posted, said security v.ill be in effect upon execution of the Agreement. The form and substance of the Performance Bond is subject to the approval of the City. If the security is in the form of a Letter of Credit, said Letter of Credit must be valid for the duration of the Agreement. Annual Letters of Credit which are renewable each year are not acceptable. .' " 4 15. RENT AL. The Operator shall pay to the City a monthly fixed minimum rental payment as follows: .1f :<oc'C',cco $~,OOO.OO for the period commencing on September 15,1999. and ending on September 30, 1999; -II 7'c~"" t C' $:,eee.oo for the month of October, 1999; -t-. 7"/:''''", N' $6,58e.00' for the month of November, 1999; $/ i'Nt', ct $6,5ee.66 for the month of December. 1999; ." Ylft, cc $8 599 9e-for the month of January ?OOO' -fr" 0(' c,' ' _ . , - , .., $6.~99.ee for the month of February, 2000; -#:6Orx" (;l~' $<3,588.e& for the month of March, 2000; ..; ?,o"" "e' $6,588.06 for the month of April, 2000; .:If 3000 , cC' $6,58e.00 for the month of May, 2000; -1l IN'''. H' $6,3'99.9(1 for the month of June, 2000; ~ .30"'" "" $2,e8e.B&for the month of July, 2000; '* :l.""'" ",,$1,666.00 for the month of August, 2000; q 3"(;1(',00 $I,8ee.S6 for the period commencing on September 1,2000, and ending on September 14, 2000; -# :l.""" t "0 $1 ,e8e.Be- for the period commencing on September 15, 2000, and ending on September 30, 2000; ~.{/c~, "" $2,OQQ.ee for the month of October. 2000; ~ 7e"", n> Sli.3'99.e9 for the month of November, 2000; ::, N"()( ~ Sli,a8e.8e for the month of December, 2000; Ftoe, C"$6,566.66 for the month ofJanuary, 2001; of I"ICoO, ~c $6.586.66 for the month of February, 2001; -1'50'0'" ""$6;588.8(1 for the month of March, 2001; ~ ~c, tT$6;':;oe.OO for the month of April, 2001; -#.3<<>"'oc $6,$98.S6 for the month of May, 2001; .$ ...3c(>C, ~ $6,586.00 for the month of June, 2001; .., .s""", C() $2.e8S.80 for the month of July, 2001; ~ ~()O", ~ $2,680.0u for the month of August, 2001; ..v_=100",OO$1.,OQ9.88 fur the period commencing on September 1,2001, and ending on September 14, 2001; throughout the term of the Agreement. The monthly fixed rental payment shall be made to the City, regardless of gross receipts. The City reserves the ~ght to negotiate the fixed monthly payments annually, upon renewal. and upon any valet rate increase by the City. Said fixed monthly rental payment begins to accrue on the first (1st) day of the month. It is also understood that any applicable Florida State Sales and Use Tax on rental payments shall be added to the Operator's fixed monthly rental payment(s) and forwarded to the City as part of said payment. It is the intent of the City that it is to receive the amount as net, free and clear of all costs and that the fee be paid monthly. " The term "gross receipts" is understood to mean all income collected or accrued, derived by \ 5 the Operator under the privileges granted by his Agreement or other document entered into with the City. excluding amounts of any Federal, State, or City sales tax, or other tax. collected by the Operator from customers and required by law to be remitted to the taxing authority. . - A monthly report of activities shall be submitted to the Parking Director by the 10th of each month for the preceding month. This report, at a minimum, must contain a chronological listing of events and their locations, including the following information; date, time, name of event, exact location(s) (Hall, TOP A, etc.), number of transactions (vehicles), gross receipts per event/location, and gross receipts totals. This report shall accompany the monthly statement of gross revenues; shall be submittal for sales tax; and will be subject to audit. 16. DEF AUL TIN PAYMENT. The monthly fixed rental payments and any other fees due must be submitted to the City, through the Parking Director, to be received no later than the tenth (10th) day, after the first day of each month. Operator shall submit a statement of "gross receipts" by the 1 Oth of each month, weekends and holidays included. There shall be a late charge, per day, of$100.00 or two percent (2%) of gross receipts, whicheveris greater, for such late payment, in addition to interest at the highest rate allowable by law, or 18 percent, whichever is greater. If the payment and accumulated daily penalties ate not received within ten (10) days after the normal monthly payment due date (i.e., the 1st day of the month), then the City, at its option, and upon seven (7) days notice to the Operator, may terminate the Agreement without further notice to the Operator recover the facilities, and begin procedures to collect the Performance Bond, or other security, required in Paragraph 14. 17. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorder, acts of God, etc., to some--but not all--of the facilities and equipment, the City will allow prorated adjustment of monthly payments up to the time the damage is repaired. 18. CITY LIEN. It is expressly agreed that the City shall have a continuing lien on all personal property of the Operator on the facilities, for all sums which may from time to time become due and unpaid to the City under this Agreement, and upon default of payment by the Operator and failure to cure after the expiration of the applicable grace period, the City shall have the right to take possession of and retain the same until the full amount due shall be paid, or to sell the same at public auction and, after deducting the expense of such sale, apply the balance of the proceeds to such payment and if there should be any deficiency, to resort to any other legal remedy available to it. 19. OPERATOR NOT TO REMOVE PROPERTY. The Operator agrees not to remove from the facilities any personal property brought thereon or any replacements thereto by the Operator for the purpose of this Agreement, except such items as may be removed with the express permission of the City. Upon expiration of the term of the Agreement, if the Operator has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he/she may remove personal property including equipment from the City \ 6 20. 21. property. and shall do so within two (2) weeks following the expiration of this Agreement, provided such personal property and equipment can be removed without damage to the facilities. On failure to do so. the City may cause same to be removed and stored at the cost and expense of the Operator, and the City shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, plus the expense of the sale. RECORDS: AUDIT. The Operator agrees to establish and maintain such records as may be prescribed by the City in the future to provide evidence that all terms of this Agreement have been and are being observed. The Operator grants to the City the right and authority to audit all records, documents, and books pertaining to its operation herein. Such audit will be conducted at locations and at a frequency determined by the City and communicated to the Operator. The Operator agrees to provide materials for the audit at the designated place within three (3) business days after the_City's notice is received. Within sixty (60) days after each fiscal year, Operator shall deliver to the City a written annual statement certified as true, accurate and complete by the Operator. The Operator agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash payments. All fmancial records are to be maintained during the term of this Agreement, and for a period of one year following the termination of this Agreement. COOPERATION. The Operator agrees to cooperate with the City' in the conduct of surveys, to provide reports of visitor contacts, and to respond to dep3rtment inquiries about public usage of concession services. Further, the City agrees to provide the Operator with advance notice of any special event and to coordinate With the Operator regarding same. The City also agrees to provide Operator with notice of the availability of plans for any remodeling of the facilities. 22. INSPECTION. The Operator agrees that the facilities may be inspected at anytime by authorized representatives of the City Manager or his designee or by any other state, county, or municipal officer or agency having responsibilities for inspections of such operations. The Operator agrees to undertake immediately the correction of any deficiency cited by such inspectors. ?' -". WAIVER OF INTERFERENCE. The Operator hereby waives all claims for compensation for loss or damage sustained by reason of any interference with its operations by any public agency or official in enforcing their duties or any laws or ordinances any such interference shall not relieve the Operator from any obligation hereunder. 24. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby expressly waives all claims for loss or damage sustained by the Operator resulting from fire, water, civil commotion or riot, or acts of God; and the Operator hereby expressly waives all rights, claims, and demands and forever releases and discharges the people of the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of .the aforesaid causes. , . 7 25. NO LIENS. Operator agrees that it will not suffer or through its actions or anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed. Operator agrees to cause such lien to be discharged \\<ithin ten (10) days of said filing and in accordance with the applicable law and policy. 26. ORDERL Y OPERATION ETC. The Operator shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the facilities. The Operator shall make available all areas of the facilities under hislher control for examination at anytime by the City Manager or his designee. 27. EMPLOYEES' MANAGERS' HOURS OF OPERATION. The Operator shall employ people to work who are literate, neat, clean, well-groomed and courteous. The Operator and any persons emplo~ed by him, shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this provision will be cause for termination of this Agreement. All employees shall observe all the graces of personal grooming; and shall serve patrons in a professional and courteous manner at all times. The Operator and its employees are considered, "Ambassadors of the City" and must comport themselves as follows: must greet patrons upon arrival and departure, shall make every attempt to quickly and courteously expedite the transfer of the patron's vehicle; shall attempt to accommodate any reasonable request of the patron. All employees shall wear City of Miami Beach identification badges and/or uniforms supplied by the Operator whe~ever on City property. The Operator and/or its employees shall not smoke, drink, and/or eat while actively serving patrons. The Operator shall have an experienced manager or managers overseeing the operations at all times. Conduct of the employees 'of the Operator shall be subject to reasonable regulation by the City Manager or designee. During the term of the Agreement the operations shall be open and properly staffed to support scheduled events as designated by the City Manager or his designee. 28. NO IMPROPER USE. The Operator will not use, nor suffer or permit any person to use in any manner whatsoever, any City property, including these facilities, for any improper, immoral or offensive purpose, or for any property for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect of hereafter enacted or adopted. The Operator will protect, indemnify, and forever save and keep harmless the City and individual members thereof and their agents, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Operator or any employee, person or occupant. In the event of any violation by the Operator or if the City or its authorized representative shall deem any conduct on the part of the Operator to be objectionable or improper, the City shall have the right to terminate this Agreement, vliithout further notice to the Operator, should the Operator fail to correct any such violation, conduct, or practice to the satisfaction .()fthe City within twenty-four (24) hours receipt of notice of the nature and e::>.:tent of such violation, conduct, or practice. , . 8 29. 30. 31. "? J_. PRICES. Operator agrees that prices and fees charged for valet parking services shall not exceed those established by the Mayor and City Commission of the City of Miami Beach, as same shall be reviewed by the City Commission from time to time. NO DANGEROUS MA TERlALS. The Operator agrees not to use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. NO CLAIM AGAINST CITY OFFICERS. EMPLOYEES. INDIVIDUALS. It is expressly understood and agreed by and between the parties hereto that the Mayor and Commission of the City of Miami Beach, and any and all employees of the City, and their officers and agents, are acting in a representative capacity and not for their own benefit; and that neither the Operator nor any' occupant shall have any claim against them as individuals in any event whatsoever. DEF AUL T AND TERMlNA TION. (a) Termination for Cause: If the Operator fails to comply with any of the terms and conditions hereof, except for non-payment of rent, which is separately treated in Paragraph 16 hereof, and such default is not cured within ten (10) days after written notice is given to Operator, the City shall have the right to immediately terminate this Agreement, without further notice to the Operator, and revoke the privilege of the Operator to come upon the facilities for the purposes for which this concession was granted, and may oust and remove all parties who may be present upon or occupy any part of the facilities for the purpose of exercising any rights so revoked. Continued occupancy of the facilities after termination of the privilege shall constitute trespass by the Operator, and may be prosecuted as such. The Operator shall pay to the City one hundred dollars ($100) per day as liquidated damages for such trespass and holding over and forfeiture of the Performance Bond, Irrevocable Letter of Credit, or cash deposit in the amount offive thousand dollars ($5,000). In addition, \vith regard to termination of the Agreement, the City shall retain the Performance Bond (or other security), and may pursue and all legal remedies available to it for such default. (b) Termination for Convenience: Notwithstanding the provisions in Paragraphs 16 and 32 (a), the City may, for its convenience, at its sole discretion and without cause, terminate this Agreement at any time during the term herein by giving thirty (30) days written notice to Operator of such termination, which shall become effective as of the date so specified in said written termination. (c) Habitual Default: In addition to Paragraphs 16 and 32 (a) and (b), respectively, in the event that the Operator has defaulted in the performance of, or breached any of the terms, covenants and conditions required herein to be kept and performed by the Operator, a total of four (4) times in a twelve (12) month period, in the sole opinion . . of the City and at its sole option and discretion, and regardless of whether the Operator has cured each individual condition of breach or default, as provided in , , 9 Paragraphs 16 and 32 (a), the Operator shall be determined by the City to be a "habitual violator". At the time such determination is made, the City shall issue to Operator a written notice advising of such determination and citing the circumstances therefore. Such notice shall also advise the Operator that there shall be no further notice or grace periods to correct a fifth (5th) breach or default, and that such breach or default, of whatever nature, taken with the previous four (4) breaches and defaults. shall be considered cumulative and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such fifth (5th) breach or default within a twelve (12) month period, this Agreement shall terminate, upon written notice of termination to the Operator, such termination to be effective upon the tenth (lOth) day following the date of receipt thereof, and all payments due hereunder shall be payable to said date, and the Operator shall have no further rights hereunder. In such case, the City shall avail itself of the same remedies set forth in Paragraph 32 (a). 33. PRIVILEGE. It is the intent of the City, concurred in by the Operator, that this Agreement shall not, as against the City vest any right in the Operator; and .shall be deemed only the grant of a privilege to the Operator to carry out the terms of this Agreement on property of the City so long as such Agreement or privilege shall be in force. 34. NOT A LEASE. It is expressly understood and agreed that no. part, parcel, building, structure, equipment or space is leased to the Operator; that it is a Operator and not a Lessee; that the Operator's right to operate the concession shall continue only so long as the concession operation complies with the undertaking, provisions, agreements, stipulations and conditions of the Agreement. 35. NO DlSCRIMINA TION. The Operator agrees that there shall be no discrimination as to race, sex, color, creed, sexual orientation or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the facilities. All facilities shall be made available to the public, subject to the right of the Operator to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 36. INDEMNIFICATION OF CITY' INSURANCE. The Operator shall indemnify, defend and hold the City hannless, its officers, agents, and employees, from any and all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operations under this Agreement and shall pay all claims and losses of any nature whatsoever in connection there\\1th and shall defend all suits, in the name of the City when applicable, and shall pay all cost (including attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited in any way be the type or amount of insurance carried by the Operator. The Operator shall carry and maintain in full force and effect at all times during his operation pn City property the following insurance coverages: , . 10 a. Commercial General Liability or garage liability insurance in the minimum amount of One Million dollars ($1,000,000) per occurrence and per location covering bodily injury and property damage resulting from the valet parking operator's activities connected with the handling of vehicles on public property. b. Garage Keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of $300,000 per location with a maximum Self-Insured Retention (SIR) or deductible of$I,OOO. c. The City must be named as an additional insured on the policies required above and it must be stated on the original certificate with thirty (30) days notice of cancellation or change. . . d. Workers' Compensation and Employers' Liability to meet the statutory requirements of the State of Florida. e. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have rating ofB+:VI or better per Best's Rating Guide, latest edition and must provide the City with 30' day written notice of cancellation. f. The Operator shall furnish original certificates of insurance, evidencing the required coverage, and receive approval of same, prior to the commencement of operations. No valet parking permit shall issued without proof of the insurance outlined herein. g. Certificates ofInsurance shall be approved by the City's Risk Manager and kept on file in the Risk Management Division, Third Floor, City Hall, and in the Procurement Department, Third Floor, City Hall and in the PARKING Department, 777-17th Street, Suite 200, Miami Beach, Florida 33139. 37. STORAGE. Operator agrees that there will be no storage on-site or premises of any kind, of supplies or materials for valet parking operations. 38. nJRISDICTIONAL DISPUTES. Any jurisdictional disputes concerning the Operator's rights under this Agreement versus other Operators rights under other agreements shall be resolved by the City Manager, and the decision of the City Manager will be final as to same. 39. CITY WlTHDRA W AL OF CITY PROPERTY. The City retains the right to withdraw all or any portion of the facilities from the terms and conditions of the Agreement. The City shall give the Operator thirty (30) days written notice in the event of such withdrawal. In the event the City withdraws all of the facilities, the Agreement shall automatically terminate, v,'ithout liability to either party herein. In the event the City withdraws less than all of the facilities, then the remaining property shall continue within the scope of this Agreement and me City agrees to make a proportionate adjustment in the monthly fixed fee amount due or , . 11 amend this Agreement accordingly. 40. FLORIDA LAW. This Agreement shaH be governed by and construed in accordance with the law of the State ofFlorida. 41. LIMITATION OF LlARTI.ITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. The Operator hereby expresses its willingness to enter into this Agreement with the Operator's recovery from the City for any damage action for breach of contract to be limited to a maximum of $1 0,000 less the amount of all funds actuaHy paid by the City to the Operator pursuant to this Agreement. Accordingly, and notwithstanding any other tenn or condition of this Agreement, the Operator hereby agrees that the City shall not be liable to the Operator for damages in an amount in excess of $1 0,000, which amount shall be reduced by the amount actually paid by the City to the Operator pursuant to this Agreement, for any action or claim for breach of contract arising out of the perfonnance or non-perfonnance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 42. VENUE: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all tenns or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 43. RFP INCORPORATED. Request for Proposals No.60-98/99, together with any and all amendments thereto, and the Operator's Proposal in response thereto, are hereby incorporated by reference into this Agreement to the extent that they are not inconsistent with any tenns herein. In the event of any inconsistency, this Agreement shall prevail. .' , . 12 '. . . " IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of the day and year first above written. CITY OF MIAMI BEACH ATTEST: fJLwt t~ CITY CLERK BY: ~m MAYOR OPERATOR BY: avIt#JcPd-. &3.. ~1~ J ~&lfIIl.r"l, NAMErrITLE r;.....tJ 5T.I.f ~ ~ . WITNESSES: 1J:::J ~ AFFIX (CORPORATE SEAL) F:\PINGISALLISAUL\TOPA99.AGR APPROVED />S TO FORM & lANGUAGE e. FOR EXECUTION 1ij~.~~J' ~ " 13 STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Arthur Schultz, President of Gold Star Parking Systems, Inc., who is personally known to me or who has produced - as identificatIOn. WITNESS my hand and official seal in the County and State last aforesaid this 11th day of May, 2000. . ~ ,'. , . ~ Md~/-- /Notary Public, Sttte of Florida t&r/1?rh1 tl.. E$kdk / )/"/0 Typed, printed or stamped name of Notary Public My Commission Expires: ~~. CAAIIEN A. ESTRElJ.A ~: . : MY COMMISSION. CC 839571 ... EXPIRES: sopie_~, 2003 "I).., ___.-_ " , . RESOLUTION NO. 99-23258 A RESOLUTION OF THE J\tL-\YOR AND OTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RA.1'./KING OF PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTR-\ TIO~ TO ENTER INTO NEGOTIATIONS AND CONTR4.CT "VITH THE NUMBER-ONE RANKED FIRM, GOLD STAR PARKING SYSTEMS, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 60-98/99 FOR A TWO-YEAR CONTRACT FOR PROVIDING V ALETP ARKING SERVICES FOR THE PATRONS OF THE JACKIE GLEASON THEATER OF THE PERFOR1\fiNG'ARTS, AT THE MIA.J\lU BEACH CONVENTION CENTER, AND AT OTHER SITES WITHIN THE CITY OF MIAMI BEACH, "VITH THREE ONE-YEAR RENEWAL OPTIONS. WHEREAS, the City issued Request for Proposals (RFP) No. 60-98/99 to provide for a Two-Year Contract for Providing Valet Parking Services for the Patrons of the Jackie Gleason Theater of the Perfonning Arts, at the Miami Beach Convention Center, ahd at Other Sites \\ithin the City of Miami Beach, with Three One- Year Renewal Options; and . WHEREAS, specification packages for RFP No. 60-98/99 were issued on May 13, 1999, resulting in the receipt of six (6) responsive proposals; and WHEREAS, an Evaluation Committee recommended by the City Manager met on July, I 1999, and recommended the firm of Gold Star Parking .Systems, Inc. as the first-~ed respondent; and WHEREAS, the City Manager has reviewed the responses and the recommendation of the Evaluation Committee and concurs with the Evaluation Committee's recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE J\lIAYOR At'iD CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Administration to enter into negotiations and contract \.ith Gold Star Parking Systems, Inc. pursuant to RFP No. 60-98/99 to provide for a Two-Year Contract for Providing Valet Parking Services for the Patt:ons of the Jackie Gleason Theater of the Performing Arts, at the Miami Beach Convention Center, and at Other Sites Within the City of Miami Beach, .....ith Three One-Year Renewal Options. PASSED and ADOPTED this 21st day of July, 1999. APPROVED AS TO . .' FORM & LANGUAGE A TIEST: & FOR EXECUTION . ~~ r VO.A--Giv- CITY CLERK 1AI !t.2!!:; 'C. Attorney '1flM MAYOR ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 httD:\\ci.mjami~beach. fl. us TO: FROM: COMMISSION MEMORANDUM NO. t(fo ~ -0 I Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez tA~ City Manager G'- - 0 DATE:July 18, 2001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST OF THREE ONE (1) YEAR RENEWAL OPTIONS TO THE CONCESSION AGREEMENT WITH GOLD ST AR PARKING SYSTEMS, INC. FOR VALET PARKING SERVICES FOR THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A); SAID ONE YEAR OPTION COMMENCING ON SEPTEMBER 15, 2001, AND EXPIRING ON SEPTEMBER 14, 2002; FURTHER APPROVING AN AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF VALET PARKING SERVICES TO THE LINCOLN ROAD CORRIDOR (LINCOLN ROAD UNIFIED VALET PARKING SERVICE). ADMINISTRATION RECOMMENDATION SUBJECT: Adopt the Resolution. ANALYSIS: The City is currently providing ancillary parking services in the form of valet parking services at the Jackie Gleason Theater of the Performing Arts (TOPA), the Miami Beach Convention Center, and other City property as may be required. Gold Star Parking Systems, Inc. has provided valet parking services at these venues since October I, 1986. Most recently, the Administration competitively bid this service on May 13, 1999. The initial two (2) year term of the existing Concession Agreement with Gold Star Parking, Inc. expires on September 14,2001. The terms of the Agreement allow for three additional one (I) year terms, at the sole discretion of the City. This recommendation would constitute the first of three renewal options. Remuneration for services is in the form of fixed monthly payments to the City totaling $60,000 annually. Gold Star provides valet parking services at the above mentioned venues with personnel supplied by Gold Star. Contract management is performed by the Assistant Parking Director of Off-Street Operations. Gold Star's performance has been measured using the following criteria: (I) responsiveness to the City's directives/requests, including scheduling and deployment, (2) customer service and related complaints, and (3) financial return to the City. AGENDA ITEM C-7 P- 1-('b-OJ DATE 1. Responsiveness to the City's directives/requests, including scheduling and deployment. Gold Star has been responsive in ensuring all of their employees are qualified, trained, and customer friendly. The ability to consistently provide a qualified labor pool for valet parking services is, at times, challenging. Gold Star has been responsive and consistent in providing these services. 2. Customer service and related complaints. This discipline of the parking industry is also quite challenging and key to providing a pleasant encounter for all citizens, including tourists and visitors. Valet parking attendants/runners are often the first and/or last person a visitor or tourist encounters when visiting our great City. It is essential that this experience always be a positive one. If not, the visitor may have a negative perception, no matter how much they enjoyed their stay. Gold Star is proactive in ensuring their employees are always well groomed, uniformed, and courteous. 3. Financial Return to the City. Gold Star makes twelve monthly payments adjusted for seasonality, totaling $60,000 annually. Valet parking is a challenging service to provide successfully. The issue ofliability is a dominating factor in the determination to hire a service contractor to provide valet parking. In the competitive bidding process, the annual financial return to the City was a factor. The financial return to the City is equitable. A five (5%) percent increase to the financial return to the City, also adjusted for seasonality, has been negotiated with the inclusion ofthe Lincoln Road Unified Valet Parking Program (see below). Lincoln Road Unified Valet Parking Program "Unified Valet" The Lincoln Road Unified Valet Parking [pilot] program began two years ago. Lincoln Road Marketing, Inc. "LRM" issued a request for proposals to provide said services. A valet operator was selected by LRM as the successful proposer. This particular valet parking operator provided services for approximately one year; however, at the end of its initial year in service, the valet parking operator and LRM deemed it unsuccessful. In October, 2000, LRM and the Parking System discussed re-establishing valet parking service as a pilot program under the auspice of the City's valet parking contract for the Jackie Gleason Theater of the Performing Arts, Miami Beach Convention Center, and other City Property, as required. Clearly, Lincoln Road is City Property and LRM endorses this initiative. The re-establishment of the pilot program included enhancements such as increased marketing, including signs and advertising. It is important to note that an intrinsic component of the Unified Valet Program is its enhancement to customer service. Valet parking is an ancillary parking service. It is typically implemented to achieve two goals: (I) provide front door service for those who are willing to pay a premium for this service and (2) valet parking storage configurations (stacking) increases efficiency by approximately 30%. A byproduct of this program is that a patron may drop-off their vehicle at Drexel A venue for a Lincoln Theater event and afterwards walk the Mall and have dinner at Touche. The patron need not walk back to Drexel A venue. The Unified Valet program allows for the patron to pick-up their vehicle at any of the designated locations along Lincoln Road. This is an invaluable service that provides enhanced convenience. The following are the parameters of the program: Unified Valet Operations: Days: Thursdays, Fridays, and Saturdays Hours: 6:00 P.M. to 1:00 A.M. Rate: $10.00 per vehicle' Locations: Meridian A venue, Jefferson A venue, Drexel Avenue (during Lincoln Theater events only), Lenox Avenue (during Colony Theater events only), and 1100 block of Lincoln Road. Storage: Municipal Parking Lot No. 5C, located on the northeast comer of 17th Street and Convention Center Drive (existing storage location as per Agreement). Financial Return to the City: $3,000 per year (adjusted to the following seasonality) November 2001 - $250 April2002 - $250 December 2001 - $375 May 2002 - $250 January 2002 - $375 June 2002 - $250 February 2002 - $375 July 2002 - $250 March 2002 - $375 August 2002 - $250 Total: $3,000 per fiscal year 2000/01 All insurance requirements as stipulated by the City's Risk Manager and All insurance binders/policies currently in effect shall remain in effect and enforceable. Liability Insurance: Conclusion The Administration recommends that the Mayor and Commissioners approve the first of three one (I) year options for renewal with Gold Star Parking Systems, Inc.; providing valet parking services for the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A). Said one-year option renewal commencing on September 15,2001, and expiring on September 14, 2002; further approving an amendment to the Concession Agreement for the provision of valet parking services to the Lincoln Road corridor establishing the Lincoln Road Unified Valet Parking Program. . Valet parking fee for the Miami Beach Convention Center (MBCC), Jackie Gleason Theater of the Performing Arts (TOPA), and Other City Property is $10.00. At the July 26, 2000, Commission Meeting (Item R9D), the Mayor and Commission approved a $1.00 rate increase. Previously, the valet parking fee was $9.00. This increase was subsequently approved by the Transportation and Parking Committee. JMG/~1f T:IAGENDA \200 I \JUL 180 I \CONSENT\TOP AO I.CME