2009-27240 ResoRESOLUTION NO. 2009-27240
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 41-08/09, TO PROVIDE
PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE CITY OF MIAMI
BEACH PARKING SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH LANIER PARKING SOLUTIONS OF FLORIDA ("LANIER"); AND
SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT
WITH LANIER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH IMPARK.
WHEREAS, the City's contract with Standard Parking, for cashiers, attendants, and
supervisors for the City's Parking System expired on January 3, 2008 and, pursuant to Resolution
No. 2007-26731, the City Commission determined not to exercise a renewal option and instead
initiate a competitive process; and
WHEREAS, at its May 13, 2009 meeting, the Mayor and City Commission authorized the
Administration to issue a Request for Proposals (RFP) for parking cashiers, attendants, and
supervisors for the City of Miami Beach Parking System; and
WHEREAS, on June 5, 2009, RFP No. 41-08/09 was issued, and notices sent to over 31
firms; and
WHEREAS, on September 1, 2009, an Evaluation Committee (Committee) appointed by
the City Manager convened; and
WHEREAS, the Committee discussed the RFP evaluation criteria and price proposal forms
submitted by each proposer, listened to presentations from the seven (7) responsive proposers; and
participated in question and answer sessions with each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the
evaluation criteria established in the RFP, which was as follows (total possible 100%):
• Experience and Qualifications of the Proposer 10 pts;
• Experience and Qualifications of Management Team and Key Personnel 10 pts;
• Hourly Billing Rates 60 pts;
• Methodology and Approach 10 pts;
• Past Performance 10 pts; and
WHEREAS, the Committee, voted 6-0 to recommend Impark as the top-ranked proposer;
and
WHEREAS, the Committee, further voted 6-0 to recommend Lanier Parking as the second-
ranked proposer; and
WHEREAS, the City Manager, after having considered the Committee's recommendation,
conducted his own independent review of the proposals and due diligence with regard to the RFP
and determined that Lanier's proposal was the most advantageous to the City; and
WHEREAS, at their regular meetings on, respectively, September 10, 2009, and October
14, 2009, the Mayor and City Commission, having heard presentations by the City Manager and City
Administration, as well as having heard comment by the two (2) proposers, Lanier and Impark, and,
thereafter, having engaged in extensive discussion itself, accepted the City Manager's
recommendation and authorized the City Administration to proceed to negotiate an agreement with
Lanier Parking Solutions of Florida, as the top recommended proposer, and should the
Administration not be able to negotiate an agreement with Lanier, then authorizing the City Manager
to terminate negotiations and proceed to negotiate with Impark.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission of the City of Miami
Beach, Florida, hereby accept the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) No. 41-08/09, to Provide Parking Cashiers,
Attendants, and Supervisors for the City of Miami Beach Parking System; and authorize the
Administration to enter into negotiations with Lanier Parking Solutions of Florida; and should the
Administration not be able to negotiate an Agreement with Lanier, authorizing the Administration to
enter into negotiations with Impark.
PASSED AND ADOPTED this 14 m day of October, 2009. ~ ~ ~~?
ATTEST:
!,
Qit-(~"
CITY CLERK
Robert Parch er
MA R
Matti Herrera Bower
T:WGENDA\2009\October 14\Regular\Parking RFP Reso (3).doc
APPROVED As To
FORM & LANGUAGE
ek FQR EXECUTION
6~
COMMISSION ITEM SUMMARY
Condensed Title:
Supplemental Commission Memorandum to Agenda Item R7J from City Commission Meeting of
September 10, 2009, Regarding Request For Proposals No. 41-08/09, To Provide Parking Cashiers,
Attendants, and Supervisors for the City of Miami Beach Parking System (The RFP).
Ke Intended Outcome Su orted:
Im rove arkin availabili
Supporting Data (Surveys, Environmental Scan, etc.):
77.2% of respondents rate the availability of parking across the City as too little. Availability of parking
was one of the changes residents identified to Make Miami Beach better to live, work or play.
Issue•
Shall the City Commission adopt the Resolution?
item
At its September 10, 2009 Meeting, the Mayor and City Commission deferred Agenda Item R7J, in which
the City Manager recommended that the Mayor and City Commission adopt a Resolution accepting his
recommendation, pursuant to the above reference RFP. The City Manager's recommendation (as set
forth the City Commission memorandum from the September 10, 2009 meeting) is attached as Exhibit "B"
hereto.
The City Commission requested that the Administration further review both Impark and Lanier Parking
Solutions of Florida's (Lanier) proposals with regard to advising the City Commission what benefits (if any)
each of the aforestated proposers included; including those required to comply with City Code Section 2-
373 ("Requirement for City Contractors to provide equal benefits for domestic partners"), and Section 2-
407 through 2-410 of the Code (the City's Living Wage requirements).
In preparing the attached Benefits Comparison Table, the City Administration reviewed each proposer's
written submittal, including (in the case of Lanier) subsequent written correspondence required by the City
for clarification purposes. The comparison of benefits is attached and incorporated in Exhibit "A".
Adviso Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: ~
OBPI Total
Financial Impact Summary:
~ Nt I AM I B EA AGENDA ITEM ' 1 `
~ C H DATE ~ "~ '~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City mmission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 14, 2009
SUBJECT: SUPPLEMENTAL COMMISSION MEMORANDUM TO AGENDA ITEM R7J FROM
CITY COMMISSION MEETING OF SEPTEMBER 10, 2009, REGARDING REQUEST
FOR PROPOSALS NO. 41-08/09, TO PROVIDE PARKING CASHIERS,
ATTENDANTS, AND SUPERVISORS FOR THE CITY OF MIAMI BEACH PARKING
SYSTEM (THE RFP).
BACKGROUND
At its September 10, 2009 Meeting, the Mayor and City Commission deferred Agenda Item R7J, in
which the City Manager recommended that the Mayor and City Commission adopt a Resolution
accepting his recommendation, pursuant to the above reference RFP. The City Manager's
recommendation (as set forth the City Commission memorandum from the September 10, 2009
meeting) is attached as Exhibit "B" hereto.
The City Commission requested that the Administration further review both Impark and Lanier
Parking Solutions of Florida's (Lanier) proposals with regard to advising the City Commission what
benefits (if any) each of the aforestated proposers included; including those required to comply with
City Code Section 2-373 ("Requirement for City Contractors to provide equal benefits for domestic
partners"), and Section 2-407 through 2-410 of the Code (the City's Living Wage requirements).
In preparing the attached Benefits Comparison Table, the City Administration reviewed each
proposer's written submittal, including (in the case of Lanier) subsequent written correspondence
required by the City for clarification purposes. The comparison of benefits is attached and
incorporated in Exhibit "A".
Attachments
JMG/TH/SF/GL
T:VIGENDA\2009\October 14\Regular\Parlting RFP.MEM.doc
m MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
-ro: Mayor Matti Herr
FFtoM: Jose Smith, City
cc: Jorge Gonzalez,
SATE: October 14, 2009
f the City Commission
sue~ECT: SUPPLEMENTAL COMMISSION MEMORANDUM NO. 2 TO AGENDA ITEM
R7J FROM CITY COMMISSION MEETING OF SEPTEMBER 10, 2009,
REGARDING REQUEST FOR PROPOSALS NO. 41-08/09, TO PROVIDE
PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE CITY
OF MIAMI BEACH PARKING SYSTEM (THE RFP)
Following the City Commission's deferral of the above referenced Agenda item at its September
10, 2009 Meeting, the City Commission requested that the City Attorney's Office meet with
counsel and a representative from the SEIU labor union, regarding a request made by SEIU
during discussion of the Agenda item that--as a condition of award of the RFP--the City require
the successful/selected proposer to 1.) enter into a "labor peace agreement" with any labor
organization (which would include SEIU) that represents (or seeks to represent) the
selected proposer's employees, to assure that no labor dispute or unrest will disrupt the
proposer's operations at City of Miami Beach parking facilities; and 2.) that the City include a
provision, in the contract between the City and the successful proposer, giving the City the right,
in the event of a labor disruption, to suspend the City's obligations under the contract (while the
labor disruption is ongoing) and to use alternative means to provide the services affected by the
labor disruption.
A copy of a proposed City Resolution, drafted by SEIU, is attached as Exhibit "A" hereto.
Following a telephone conference on September 15, 2009 to discuss the aforestated request by
SEIU (which conference included the City Attorney, Deputy City Attorney Raul Aguila, Katchen
Locke, counsel for SEIU, and Eric Brakken, Director, SEIU 32BJ Florida), the City Attorney's
Office has researched the following issues; with regard to 1.) labor peace agreements
(generally); 2.) the instant request by SEIU and how it might affect the current RFP process; and
3.) applicability of similar requirements by Miami-Dade County.
Generally, the intent of labor peace agreements (or of labor peace requirements in contracts) is
for avendor/contractor who is providing services to a party (in this case, the City) to assure, on
behalf of the vendor/contractor's employees, that no labor dispute or unrest will disrupt the
service that the vendor/contractor is required to provide under its contract. The labor peace
component of a service contract is usually a separate agreement entered into between the
vendor/contractor (charged with providing the service), and either the labor organization that
represents (or seeks to represent) the vendor/contractor's employees (for example, in the case
Agenda Item R 7 ]~
Date t D--1 y -0
of this RFP, the labor organization could be SEIU). In such agreement, the labor organization
promises not to engage in picketing or other economic activity that would jeopardize or disrupt
the services being provided by the vendor/contractor pursuant to the overlying service contract.
On February 6, 2007, Miami-Dade County adopted a Resolution (Reso. No. R-148-07), which is
attached as Exhibit "B" hereto, which required future RFP's, RFQ's, and bids for food/beverage,
retail/news/gifts and hotel services at Miami International (MIA) to contain a requirement in the
solicitation documents requiring a successful proposer to sign a labor peace agreement with the
labor organization(s) that seeks to represent the proposer's employees, and submit such
agreement as part of its proposal (to assure that no labor dispute or unrest would disrupt their
operations at MIA).
Sample labor peace requirement language from an MIA retail concession RFP is attached as
Exhibit "C" hereto. The resulting Labor Peace Agreement entered into between the successful
proposer. and the union seeking to represent the proposer's employees is also attached as
Exhibit "D" hereto.
It is this office's recommendation that, should the City Commission deem, as a matter of policy,
that it wishes to incorporate a labor peace requirement into the procurement of certain City
contracts, then the appropriate (and with regard to the instant RFP, the least challengeable)
course of action would be to do so prospectively; that is, to do as the County did, and make it a
requirement in future bids, rather than negotiating it as a condition of award (such as in the
instant RFP), where proposals have already been received, opened and
evaluated based upon specific requirements and specifications (which did not contain a labor
peace requirement).
The City Attorney's recommendation that the labor peac
future bids (rather than inserted into one that is already
practice including, without limitation, the City's imposition
Equal Benefit requirements into prospective bids (rather t
requirements where the bid process was underway).
RJA/ed
F:\attoWGUR1RESOS-ORDWIEMOS\Parking RFP (10-12-09).doc
e requirement be incorporated into
underway), is consistent with past
of Living Wage requirements and
han negotiating them as additional
We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community.
EXHIBIT "A"
Resolution No.
RESOLUTION DIRECTING CITY MANAGER TO REQUIRE A LABOR PEACE
AGREEMENT FROM RECOMMENDED FIRMS AS A CONDITION TO ENTER INTO
A CONTRACT TO PROVIDE PARKING CASHIERS, ATTENDANTS, AND
SUPERVISORS FOR THE CITY OF MIAMI BEACH PARKING SYSTEM
WHEREAS, providing uninterrupted, clean and safe parking services and facilities is vital for city
residents and visitors; and,
WHEREAS, the City of Miami Beach receives revenue from operations at City of Miami Beach
Parking System facilities; and
WHEREAS, The City of Miami Beach has a financial and proprietary interest in the success of the
firms operating Miami Beach Parking System facilities; and
WHEREAS, City of Miami Beach Parking System patrons need and deserve uninterrupted access
to Miami Beach Parking System facilities; and
WHEREAS, work disruptions at City of Miami Beach Parking facilities can lead to unnecessary
and costly delays for the patrons and a loss of revenue to the City; and
WHEREAS, the City finds that the efficient and uninterrupted operation of parking operations at
the City of Miami Beach may be threatened by labor disputes; and
WHEREAS, the City wishes to shield itself, its citizens and visitors from any impact that labor
disputes may have to the extent legally permissible; and
WHEREAS, the City finds that provisions protecting the City from labor disruptions at the City of
Miami Beach Parking System facilities should be included in the contract to provide parking
cashiers, attendants, and supervisors for the City of Miami Beach Parking System.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that recommended firms in RFP No. 41-08/09 shall
be required to sign a labor peace agreement with any labor organization that represents or seeks to
represent the recommended firm's employees and submit such before execution of the contract to
assure that no labor dispute or unrest will disrupt their operations at the City of Miami Beach Parking
System facilities; and
BE IT FURTHER RESOLVED THAT, the contract between the City and the firm shall include a
provision giving the City the right, in the event of a labor disruption, to suspend the City's obligations
under the contract while the labor disruption is ongoing and to use alternative means to provide the
service that is affected by the labor disruption.
EXHIBIT "B"
a.
MEMORANDUM
Agenda Item No. li(A) (2)
TO• Honorable Chairman Bruno A. Barreiro DATE: Feb~vary 6, 200.7
• and Members, Board of County Commissioners
FROM: Murray A. Greenberg
County Attorney
SUBJECT: Resolution directing County
Manager to include labor
peace requirement in all
RFPs for concession
opportunities at Miami
International Airport
The accompanying resolution was prepared and placed on the agenda at the request of
Commissioner Carlos A. Gimenez.
MAG/bw
EXHIBIT "C"
J.ease and Concess on Ageement
Retail Concession : 'rot=_ram 2009 8/I X2009
Concess onaire, if a corporation, shall designate a registered agent and a registered office
~-'" and file : uch designation with the Florida Department of state in accordance with Chapters
48 and 617 of the Florida Statues.
16.03 LABOR PEACE REQUIREMENT: Pursuant to Resolution No. R-I48-07, the
Concess onaire provided a signed copy of the labor peace agreement for their employees as
part of tl eir Proposal to assure that no labor dispute or unrest will disrupt their operations
at Miam International Airport (MIA). See Appendix M. Furthermore, the County has the
right, in he event of a labor disruption, to suspend it's obligations under the contract while
the labor disruption is ongoing and to use alternative means to provide the service that is
affected by the labor disruption. In the event a Concessionaire is unable to reach an
agreeme: ~t with a labor organization regarding the terms of a labor peace agreement, the
dispute ,etween the Concessionaire and the Iabor organization shall be resolved by
expedite i binding arbitration in which the decision shall be rendered withiun ten (10) days
of the re..uest for arbitration but no later than five (5) days prior to the date the proposal is
due. Tl a Concessionaire and the labor organization shall equally share the costs of
arbitratic 1.
ARTICLE 17 -TRUST AGREEMENT
17.01 INCORI ORATION OF TRUST AGREEMENT BY REFERENCE: Notwithstanding
any of th ;terms, provisions and conditions of this Agreement, it is understood and agreed
'~~ by the p~ rties hereto that the provisions of the Amended and Restated Trust Agreement,
dated as ~ f the 1 Sty' day of December, 2002, as amended from time to time, by and between
the Coin ty and 3PMorgan Chase Bank, as Trustee, and Wachovia Bank, National
Associati ~n, as Co-Trustee (the "Trust Agreement"}, which Trust Agreement is
incorpor` ;ed herein by reference, shall prevail and govern in the event of any inconsistency
with or ~ nbiguity relating to the terms and conditions of this Agreement, including the
rents, fee . or charges required herein, and their modification or adjustment. A copy of the
Trust Age Bement may be examined by the Concessionaire at the offices of the Department
during nr, -ma1 working hours.
17.02 ADJUS~f VIENT OF TERMS AND CONDITIONS: If at any time during the Interim
Term, Ol eational Term or any Extension thereto, as applicable, a court of competent
jurisdictic n shall determine that any of the terms and conditions of this Agreement,
including the rentals, fees and charges required to be paid hereunder to the Department by..
the Conc:c ssionaire or by other Concessionaires under other agreements of the Department
for the le. se or use of locations used for similar purposes, are unjustly discriminatory, the
County, :hall have the right to modify such terms and conditions and to increase or
otherwise adjust the rentals fees and charges required to be paid under this Agreement in
such a m~ nner as the County shall determine is necessary and reasonable so that terms and
condition: and the rentals fees and charges payable by the Concessionaire and others shall
not therea 3er be unjustly discriminatory to any user of like locations and shall not result in
any violas on of the Trust Agreement or in any deficiency in revenues necessary to comply
~: with the c >venants of the Trust Agreement. In the event the County has modified the terms
and condi ions of this Agreement, including any adjustment of the rentals, fees and charges
$3 Concessionaire Agreement
EXHIBIT "D"
LAB~?T~ PEACE AGR.~F.,l~!IIENT
MIA Book Cafd, LLC. and UNI'I`E HERE have signed a Labor Feace Agreement
in which UNITE I-I1RIa, the .labor organize#ion that seeks to represent the Company's
+employees, promises not to engage in picketing or other economic activity against the
Company's 13aakstore/Ca~+~ operations awarded pursuan# to RFP No. MDAD-01-07 at
Miami .International Airport for the life of its agreement with the Company.
1{'OR THE COMPANY:
MIA Book , L
. ..,
BY: ~~
IT:S: .Manager
.DATE.: July 23, 2(?t}7
FOR THE~UNIOAt:
17Ni.TE HERYy
I3Y; t
ITS: ~ °,~ ~r~
DA'r~: _ ~ ~ Z~~7
MEMORANDUM OF AGREEMENT
THIS AGREEMENT is made and entered into by and between MIA Book Cafe,
LLC (hereinafter the "Employer") and UNITE HERE (the "Union").
1. This agreement shall cover all employees covered in classifications listed
in Exhibit A (referred to hereinafter "Employees") in a food and beverage and
retail/news/gifts operation awarded to the Employer pursuant to RFP No. MDAD-O1-07
("Operations") at Miami International Airport ("Airport").
2. The parties hereby establish the following procedure for the purpose of
ensuring an orderly environment for the exercise by the Employees of their rights under
Section 7 of the National Labor Relations Act and to avoid picketing and/or other
economic action directed at the Employer in the event the Union decides to conduct an
organizing campaign among Employees.
3. The parties mutually recognize that national labor law guarantees
employees the right to form or select any labor organization to act as their exclusive
representative for the purpose of collective bargaining with their employer, or to refrain
from such activity.
~) 4. The Employer will take a neutral approach to unionization of Employees.
The Employer will not do any action nor make any statement that will directly or
indirectly state or imply any opposition by the Employer to the selection by such
Employees of a collective bargaining agent, or reference for or opposition to any
particular union as a bargaining agent. This provision shall not prohibit the Employer
from presenting its own package to the Employees.
S. The Union and its representatives will not coerce or threaten any
Employee in an effort to obtain authorization cards.
6. The Union may engage in organizing efforts in non-work areas during
Employees' non-working times (before work or after work) and/or during such other
periods as the parties may mutually agree upon. The Employer shall not obstruct or
inhibit efforts of the Union to obtain security clearance from the appropriate Airport
Authority for the o~~ganizers, and to the extent Employer's cooperation is required by the
Airport Authority to obtain security clearance for the organizers, Employer will agree to
cooperate. The Union shall not disrupt the Employer's business or violate any security
regulations.
7. Within ten days following receipt of written notice of intent to organize
Employees, the Employer will furnish the Union with a complete list of Employees,
including both full and part-time employees, showing their job classifications,
departments and addresses. Thereafter, the Employer will provide updated complete lists
monthly, unless there is no change to the list. The Union will keep these addresses
confidential and not use them for any purpose other than the purposes of this Agreement.
During this 10-day period, Employer will also distribute fio each Employee the letter
attached as Exhibit B.
S. The Union may request recognition as the exclusive collective bargaining
agent for the Employees of Employer. The .Arbitrator identified in Paragraph 12, or
another person mutually agreed to by the Employer and Union will conduct a review of
Employees' authorization cards and membership information submitted by the Union in
support of its claim to represent a majority of such Employees. The xeview shall involve
a comparison of the authorization card signatures of the Employees to W-4 or I-9 forms
for such Employees provided to the Arbitrator by the Company. The identity of all card-
signers shall be kept confidential from the Employer. Such review shall take place no
more than ten days after the Union's request absent mutual agreement to extend time.
During that period prior to the card-check the Employer shall not increase the size of its
workforce. If that review establishes that a majority of such Employees has designated
the Union as their exclusive collective bargaining representative or joined the Union, the
Employer will recognized the Union as such representative of such Employees. The
Employer will not file a petition with the National Labor Relations Board for any election
in connection with any demands for recognition provided for in this agreement. The
Union and the Employer will not file any charges with the National Labor Relations
Board in connection with any act or omission occurring within the context of this
agreement; arbitration under Paragraph 12 shall be the exclusive remedy.
,~ 9. If the Union is recognized as the exclusive collective bargaining
representative as provided in paragraph 8, negotiations for a collective bargaining
agreement shall be commenced immediately. To ensure labor peace throughout the
collective bargaining process, if the parties are unable to reach agreement on a collective
bargaining agreement within 90 days after recognition pursuant to Paragraph 8, all
unresolved issues shall be submitted for resolution to final and binding arbitration
pursuant to Paragraph 12. The arbitrator identified in paragraph 12 below shall be the
arbitrator, unless another arbitrator is mutually agreed to by the parties. The arbitrator
shall be guided by the following considerations: a) Employer's financial ability; b) size
and type of the Employer's operations; c) cost of.living as it affects the Employers'
employees; d) ability of the employees, through the combination of wages, hours and
benefits, to earn a living wage to sustain themselves and their families; and e) employees'
productivity.
10. During the term of this Agreement, the Union will not engage in picketing
or other economic activities at the Employer's Operation and the Employer will not
engage in a lockout of the Employees. If the Employer recognizes any union besides
Union as the exclusive collective bargaining representative of Employees, or any of them,
this paragraph shall terminate immediately and without notice.
11. Employer shall ensure that all subtenants sign a labor peace agreement
consistent with Resolution No. R-148-07.
}
2
JUI.-25-2007 11:11 From:NENCEU-1199
l
14014573.158 To:P013309560 P.c~3
'I2. Thu ptu~tlea a~,raa thwt uny disputes aver the interprytntiau ar application +af
tliisi Agreement shall be yubnsittud to expedited rind bindi~ag arbitra-cion, with tin crbltratvr
mutually agreed to by the paniev. Within 30 days following nn award to ~mpldyer of un
operation pursuant to Ittr1', Na. MDAD-f}1-U7, ~if tba parties Aro nc-t otharwi4e able to
agree upon an tubitrator, t3~e parties shall request Prom the Federal MediHtian and
Conciliation S4rvicts a litrC oPl~ve cirbi•tratars who Are mam6ars oi'ttte Natianot Academy
ofArbitrutorb and wha have t17Gir principal residcnco in l~lorida. 't'he pArtiet+ shalt, within
l4 days aP receiving the list, seleot a permtuncnt urbi•trc+tor imdGr this Agrcomunt by
altexnsitaly striking names from the list. 'i7te parry to serikc first shall be cictermined by
coin toss. 9'he next~ta•ldst ncimo striclcan Pram the list ahaU Ise tho alternate arbitrator.
1"hd Asbitrotnr ehtt{I hear and clecida all di9putea submitted to arbitration unlcsa the
Arbitrator is unavailable for a hewing within ~Q days fl+om tho craft a1'submissian but the
Alternate arbitrator is available during $uah 3fi-gay ~riod, in whieit case the disp~rte shall
be s+ubmittod to the slternAte urbitrtctor for.hearing cad decision. 't`ile Arbitrator shalt
conduct the arbitration according to file procodnres establiahad by the American
At~bitrtttiora Aasaoiution. 't'he Arbitretor ;ahaJi also hnvo Ilse audtority to order the non-
comptiantparty to comply with this Agreement. The parties hereto agreo to comply with
any order o!' the Arbitrator, which shall'be rnal and binding, The United States L~istrict
Court for file $authorn 13isttrict ai'rlarida shall havo exclusive juris+du;tian l.ra r-ny action
corceming arbirrtttlon under this Agreement. '1'h8 rarties aanscnt m the entry aP any
order of the Arbitrator its the order or judgment al' the Gaunt, which includes the entry of
findings of fttct and conclusions of It-w,
13. 'Phis Agreement shall bo in t'ull farce And oi'feci From the date it is fully
executed on behal~!'aF'thc l3ml+layer atld the 'Union until thre® ysars •fram tl-c date~the
rmployt~r has opened ~aN of floe Operations covered by this Agrc:~:n~ent, tin iF sooner upon
execution of u coUcctivc: bargaining areement or issuance of an intCrost arbitration
award which aotscludes t.ho cailactive bargaining agroernant negcrtiatiane. either of which
explioitty suporscdcs this document.
IN yVI'!'N'k:gS WFI~ttE01~. thn ptcrcies lierelo by their truly cteslgnated
rcprae~entatives ht~ve herounto sat thoir hands.
liOtt'1'ITl's }aMPL01'BR:
.t~Olt Tla ~ 'UN'l ON
Mt.A 13aa1 '
._._~
F3
Ies:,,.-Metpcteer
Date: T~ily zz. 2007
.9y; C r ~
li~:~
nAtn:~..~Z ;i
9
EXHIBIT A
All regular full-time and regular part-time food and beverage, retail clerk, stocking and
warehouse employees, excluding supervisors, managers and guards as defined in the
National Labor Relations Act.
Exhibit B
Dear Associates:
MIA Book Cafe LLC has been approached by UNITE HERE ("the Union"), the labor
union that represents food and beverage and retail workers in airports across the country.
The Union has expressed an interest in organizing our associates. We believe that it is in
the best interest of our associates, guests, and clients to resolve the issue of union
representation as quickly as possible, and with minimum disruption.
To avoid a lengthy and disruptive campaign, we have signed a "card check neutrality
agreement" with UNITE HERE. This letter will explain some basic terms of this card
check neutrality agreement ("the Agreement"). The Agreement gives the Union an
opportunity to attempt to organize our associates. We will provide the Union with a list of
associates' names and addresses where they can contact you.
The card check neutrality agreement also states that we will not oppose or interfere with
the organizing efforts of this Union. The Union also promises to not threaten or coerce
our associates into joining the Union. The decision for you to join or not join the Union is
only yours to make.
Associates will be contacted by union representatives in the near future. The union
representative will ask each associate if he or she wants to join the Union. If an associate
wants to join the Union they will be asked to sign a card that states that they want the
Union to represent them. By signing this authorization card, the associate is voting for
the Union.
If an outside, neutral third party confirms that the Union has obtained signed cards from a
majority of the associates, we will recognize the Union as the associates' collective
bargaining representative and will meet with the Union to negotiate in good faith over a
collective bargaining agreement.
I have written this letter to maintain our tradition of open, forthright communication.
Now you know everything that I know about the Agreement and union activity at our
property. Again, the decision of whe#her or not to join the union is your decision alone.
Sincerely,
MIA Book Cafe, LLC
5
Approved Mayor
Veto
Override
RESOLUTION NO.
R-148-07
OFfIC1A! FlLE COPY
CLERK OF THE BOARD
OF COUNTY COPIAMiSS10NERS
M1AA~ll-DADE COUNTY, FLORA
RESOLUTION DIRECTING COUNTY MANAGER
TO INCLUDE LABOR PEACE REQUIREMENT IN
ALL REQUESTS FOR PROPOSALS, REQUESTS
FOR QUALIFICATIONS, BIDS AND CONTRACTS
FOR CONCESSION OPPORTUNITIES AT MIAMI
INTERNATIONAL Al<RM)RT
WHEREAS, Miami International Airport is the major gateway to Miami-Dade
County; and
WHEREAS, concessionaires lease property from the Airport and base their lease
payments to the Airport in part oa the revenue they generate; and
WHEREAS, Miami-Dade County has a financial and proprietary interest in the
success of the concessionaires doing business at Miami International Airport; and
WHEREAS, passengers and others using the Airport need and deserve
uninterrupted access to concessions at the Airport; and
WHEREAS, work disruptions at the Airport can lead to unnecessary and costly
delays for the traveling public and a loss of revenue to the County; and
WHEREAS, the County finds that the efficient and uninternipted operation of
concession operations at the Airport maybe threatened by labor disputes; and
WHEREAS, the County wishes to shield.itself, its citizens and visitors from any
impact that labor disputes may have to the extent legally permissible; and
Agenda Item No. 11 (A) (2 )
02-06-07
3
Agenda Item No. Zl(A) (2)
Page No. 2 i
WHEREAS, the County finds that provisions proteciing the County from labor -.••~,
. , ~ ~;
. disruptions at the Airport should be included in all future contracts with Airport -
concessionair8s,
NOW, THEREFORE, BE 1['I' RESOLVED BY THE BOARD OF COUNTY
CONIlVIISSIONERS OF MIANII-DARE COUNTY, FLORIDA, that all Requests for
Proposals, Requests for Qualifications and bids for food/beverage, retaillnewslgifts and
hotel services at Miami International Airport ("MIA's shall require the proposer to sign a
labor peace agreement with the labor organization(s) that seeks to represent the
proposer's employees and submit such agreement as part of its proposal to assure that no
labor dispute or unrest will disrupt their operations at MIA; and fiuther requiring that all
contracts for such concessions at MIA shall include a provision giving the County the
right, in the event of a labor disruption, to suspend the County's obligations under the
J
contract while the labor disruption is ongoing and to use alternative means to provide the - ~'~
service that is affected by the labor disruption. In the event a proposer is unable to reach
an agreement with a labor organization regarding the terms of a labor peace agreement,
the dispute between the proposer and the labor organization shall be resolved by
expedited binding arbitration in which the decision shall be rendered within ten (10) days
of the request for arbitration but no later than five days prior to the date the proposal is
due. The proposer and the labor organization shall equally share the costs of arbitration.
The proposer shall ensure that all sub-tenants also sign a labor peace agreement.
V
Agenda Item No. 11 (A) (2 )
Page No. 3
The foregoing resolution was sponsored by Commissioner Carlos A. Gimenez
and offered by Commissioner Saily A. Heyman ,who moved its adoption. The
~~ motion was seconded by Commissioner Joe A. Martinez and upon being put
to a vote, the vote was as follows:
Bruno A. Barreiro, Chairman aye "
Barbara J. Jordan, VicerChairwoman aye
Jose "Pepe" Diaz aye Audrey M. Edmonson aye
Carlos A. Gimenez aye Sally A. Heyman aye
Joe A. Martinez aye Dennis C. Moss aye
Dorris D. Rolle aye Natacha Seijas aye
Katy Sorenson aye Rebeca Sosa aye
Sen. Javier D. Souto aye
The Chairperson thereupon declazed the resolution duly passed and adopted this
6th day of February, 2007. This resolution shall become effective ten {10) days after the
date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective
only upon an override by this Board
NIIAMI-DARE COUNTY, FLORIDA
BY TTS BOARD OF
COUNTY COMMLSSIONERS
HARVEY RUV1N, CLERK
G~~~~S
• A ~f
ti -+- p y:ICAY ~I~~I.~TVA~
~ eourmn ~
~ Deputy Clerk
O_ ~i1ti
Approved by County Attorney as
to form and legal sufficiency.
Henry H. Gillman
~~
Page 1 of 2
REQUEST FOR PROPOSALS N0.41-08/09
BENEFITS COMPARISON
EQUAL BENEFITS ORDINANCE
As defined by Section 2-373 (A)(1) of the City Code, Benefits, "means the following plan,
program or policy provided or offered by a Contractor to its employees as part of the employer's
total compensation package: sick leave, bereavement leave, family medical leave, and
health benefits. "
IMPARK PROPOSAL (RESPONSIVE) LANIER PARKING SOLUTIONS, INC.
LANIER PROPOSAL RESPONSIVE
Benefit Offered to Employees Benefit Offered to Employees
with Spouses and with Spouses and
Domestic Partners Domestic Partners
*Health ""`Yes *Health No
'`Dental ""Yes *Dental No
*Vision **Yes *Vision No
*Bereavement Yes *Bereavement No
*Family Leave Yes *Family Leave No
"Sick Leave Yes *Sick Leave No
OTHER B ENEFITS
Relocation & Travel Yes Relocation & Travel No
Parental Leave Yes Parental Leave No
Recognition Program Yes Recognition Program Yes
Vacation Yes Vacation No
Holidays Yes Holidays No
*The benefits with an asterisk next to them, indicate a "Benefit", as defined under the City's
E ual Benefits Ordinance see in bold above .
**Per Imparks' written proposal, these benefits are offered to "full-time salaried and office
employees". From the City's prior monitoring of the current Impark contract it has been noted
that full time employees working thirty-five (35) hours or more are eligible to receive health
benefits.
IMPARK/Reference to Benefits offered in LANIER PARKING/Reference to Benefits
written ro osal offered in written ro osal
The benefits identified as being offered by The benefits identified as being offered by
Impark were taken from the following sections Lanier were taken from the following section
in its proposal: of its proposal:
Section 1. Executive Summary Section F. Methodolopv and Approach
Our proprietary "On the Spot" rewards and
recognition program has been incorporated in Communication and Recocnition programs
the operation. include:
These bonus points can then be redeemed for "Instant Reward" program -instead of only
merchandise, and also can include positive receiving attention when negative behavior
behavior gift cards ($25) for Wal-Mart, Publix, occurs, the goal of this program is to "catch"
or Home Depot. employees doing something right - and
reward them on the spot with a small token
Section 2. Company Information movie ticket, meal certificate, etc.)
Health Care Benefits Employee Retention
Impark provides .eligible employees with a Lanier employees are rewarded through
number of benefits designed to assist programs such as employee of the month,
em to ees and their eli ible de endents in customer service referrals, letters of
EXHIBIT "A"
Page 2 of 2
meeting the financial burdens that can result
from illness and disability, and to help
employees plan for retirement. In addition, The
Company contributes to Social Security,
Workers' Compensation and Unemployment
Insurance, which cover all employees in the
manner prescribed by law.
Full-time salaried employees and office
employees are eligible for health benefits
after 90 days employment. Hourly field
employees are eligible for health benefits
after 180 days employment.
A complete description of the applicable plan
including employee contributions is provided to
each eligible employee.
Section 6. Price Proposal Form
3.(b) Overhead Cost
Payroll Taxes, Vacation, Holidays, Workman's
Comp, Sick days, Other Benefits. $2.04/hour x
250,000 hours = $510,000.
Section 8. Declaration: Nondiscrimination in
Contracts and Benefits -Question 2C
NOTE: When asked during the City
Commission Meeting of 9/10/09 to state what
benefits Impark offered to employees, Impark
stated that they offered the following: paid time-
off of two (2) sick days per year, and twelve
(12) holidays per year; and in addition, health,
vision, dental and life insurance to all full-time
eligible employees.
recommendation (from customers) and
recognition of managers and supervisors. All
of these programs are rewarded with various
forms of compensation i.e. cash, dinner for
two at local restaurants, movie and sporting
event tickets, paid time off, etc.
Lanier's letter, dated July 27, 2009, informed
the City of the following:
"This is to confirm that Lanier Parking
Systems of Florida, Inc. does not intend on
offering benefits to employees working on the
City of Miami Beach covered contract. We
have elected to pay the higher Living wage
rate of $9.81. "
NOTE: When asked during the City
Commission Meeting of 9110/09 to state what
benefits Lanier offered to employees, Lanier
stated that they offered the following: paid
time-off of three (3) sick days per year, and
five (5) holidays per year; and in addition,
vision, dental and life insurance to only
management and supervisors. This appears
to be inconsistent with Lanier's written
proposal (and subsequent clarification
thereto).
LIVING WAGE ORDINANCE
The City's Living Wage Ordinance requires that certain vendors entering into contract with the
City shall pay to their employees (providing services under the contract) at least a living wage of
no less than $8.56/hr with health benefits or $9.81lhr without health benefits.
IMPARK (Deemed responsive) LANIER PARKING (Deemed responsive)
Certified they would pay the living wage in the
ro osal submitted.
Cashiers/Attendants $9.90/hour**
Supervisors $10.92/hour**
**Per Section 6. Price Prooosal Form of
Impark's proposal, the above rate is noted as a
"Current Blended Rate (the above hourly rates
are averages of actual rates for each
Certified they would pay the living wage in the
ro osal submitted.
Cashiers/Attendants $9.81/hour
Supervisors $11.00/hour
EXHIBIT "A"
COMMISSION ITEM SUMMARY
:ondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager, Pursuant To Request For Proposals (RFP) No. 41-08/09, To
Provide Parking Cashiers, Attendants, And Supervisors For The City Of Miami Beach Parking System;
Authorizing The Administration To Enter Into Negotiations With Lanier Parking Solutions, And Should The
Administration Not Be Able To Negotiate An Agreement With Lanier, Authorizing The Administration To
Negotiate With Impark.
Su ortin Data Surve Envlronmental5can etc.:
The 2007 Miami Beach Customer Service Survey indicates 19% of residents rated the availability of
narking on Miami Beach as about the right amount.
the
The Mayor and City Commission at its May 13, 2009 meeting directed the Administration to issue a
Requestfor Proposals (RFP) for parking cashiers, attendants, and supervisors for the Cityof Miami Beach
Parking System.
RFP No. 41-08/09 was issued on June 5, 2009 and notices were sent to over 31 firms, which resulted in
the receipt of eight (8) proposals from the following companies: AMPCO System Parking, Double Park,
Impark, Lanier Parking Solutions, Laz Parking, Parking Company of America, Sereca Security, and U.S.
Parking.
Sereca Security was deemed non-responsive for failure to meet the 3-year minimum requirement of
providing trained cashiers, attendants, and supervisors with experience in self-parking operations in
surface parking lots and garages with gated parking revenue control equipment to a public agency and/or
private concern.
On August 8, 2009, the City Manager via Letter to Commission .No. 211-2009, appointed an Evaluation
Committee which convened on September 1, 2009. The Committee was informed that Impark had
received four (4) first place votes and Lanier the remaining two (2) first place votes. The Comm ittee voted
6-0 in favor of Impark as the top-ranked firm.
The City Manager, as part of his due diligence, after review of all parking proposals, recommendations
from the Evaluation Committee, determined that the Lanier proposal is the most advantageous to the City.
Based on the previous discussion of the Commission regarding price being a highly importantfactor, and
the basis for issuing the RFP, the proposal offered by Lanier is the most advantageous to the City since it
represents an annual savings of $288,417.60 (7.29%) when compared to impark's current contract and
$143,054 lower than Impark's proposed contract (current RFP response) for one year.
Lancer's projected cost is $715,2731ower than Impark's proposed costwhen compared over 5 years (the
basic contract term is 3 years with 2 one-year renewal options at the City's sole discretion).
Source of
Funds:
Amount
Account ~ Approved
OBPI I Total I
Financial Impact Summary:
m MIAMIBEACH
r\RFP Parking - SUMMARY.doc / - /
AGENDA ITEk9V R 7~~..,J
1105 DATE ~,~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeach8.gov m
_:;
COMMISSION MEMORANDUM w
To: Mayor Matti Herrera Bower and Members of the Ci Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 9, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.41-08/09, TO
PROVIDE PARKING CASHIERS, ATTENDANTS, AND SUPERVISORS FOR THE
CITY OF MIAMI BEACH PARKING SYSTEM; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH LAMER PARKING
SOLUTIONS OF FLORIDA ("LAMER"), AND SHOULD THE ADMINISTRATION
NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH LAMER, AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH IMPARK.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Maintain or improve traffic flow and improve parking availability.
ANALYSIS
At its May 13, 2009 meeting, the Mayor and City Commission authorized the Administration to issue
a Request for Proposals (RFP) for parking cashiers, attendants, and supervisors for the City of
Miami Beach Parking System.
RFP PROCESS
RFP No. 41-08/09 (the RFP) was issued on June 5, 2009 and notices sent to over 31
firms, which resulted in the receipt of eight (8) proposals from the following proposers:
• AMPCO System Parking;
® Double Park;
• Impark;
• Lanier Parking Solutions;
• Laz Parking;
• Parking Company of America;
• Sereca Security; and
• U.S. Parking.
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Commission Memo Re Parking RFP
September 9, 2009
Page 2 of 7
Sereca Security was deemed non-responsive for failure to meet the RFP's 3-year minimum
requirement of providing trained cashiers, attendants, and supervisors with experience in seif-
parking operations in surface parking lots and garages with gated parking revenue control
equipment to a public agency and/or private concern.
On August 6, 2009, the City Manager, via Letter to Commission No. 211-2009, appointed an
Evaluation Committee (the °Committee"), consisting of the following individuals:
Josephine Pampanas Member, Transportation & Parking Committee (TPC)
Frank Kruszewski Chair, Planning Board
Rolando Aedo Greater Miami & the Beaches Convention and Visitors
Bureau (GMCVB)
Kathie Brooks Director, Office of Budget & Performance Improvement
Georgie Echert Assistant Director, Financial Department
Alternates:
Scott Diffenderfer Member, Transportation & Parking Committee (TPC)
Neighborhood Leadership Academy Graduate
Ruth Remington South Pointe Homeowner's Association
Josh Fisher Miami Beach Resident, former member of TPC
Upon receiving feedback from the Commission, the City Manager decided to establish a
Committee of seven (7) members, and added Ruth Remington and Jorge Gomez, Planning
Director, as Primary members.
Ms. Remington was on vacation until September 14, and was unable to serve. Procurement
contacted Alternate members Scott Diffenderfer and Josh Fisher, who were also unable to
serve due to prior commitments and/or vacation.
Georgie Echert, Assistant Director, Finance Department, was also unable to serve due to
scheduled vacation, and was substituted by Ramon Suarez, Finance Manager.
The final Committee. included the following members:
Josephine Pampanas Member, Transportation & Parking Committee (TPC)
Frank Kruszewski Chair, Planning Board
Rolando Aedo Greater Miami & the Beaches Convention and Visitors
Bureau (GMCVB)
Kathie Brooks Director, Office of Budget & Performance Improvement
Jorge Gomez Director, Planning Department
Ramon Suarez Finance Manager, Financial Department
The Committee convened on September 1, 2009, and discussed the evaluation criteria and
price proposal forms submitted by each proposer. The Committee listened to presentations from
aii seven (7) proposers, and participated in question and answer sessions with each proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which was as follows (total possible 100%):
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Commission Memo Re Parking RFP
September 9, 2009
Page 3 of 7
Evaluation Criteria: Wei ht
Experience and Qualifications of the Proposer 10 pts
Experience and Qualifications of Management Team 10 pts
Price Proposal (per info requested on Price Proposal Form 60 pts
Methodology and Approach 10 pts
Past Performance (based on surveys and the
Administration's due diligence) 10 gtS
Total: 100 pts
The Committee discussed the proposals and the corresponding presentations, and proceeded
to scored and ranked the proposals as follows:
Rolando
Aedo Jorge Gomez Frank
Kruszewski Kathie
Brooks Ramon
Suarez Josephine
Pampanas
Double Park 58 6 61 5 81 S 74.7 5 50 5 73 4
U.S Parki 69 5 42 7 83 4 66.5 6 49 B 39 7
Lanier 92 1 83 2 96 2 95.7 2 81 1 84 2
Parking Co of
America
55 7
54 6
82 5
66.5 6
41 7
71 5
Im ark 84 3 87 1 99 1 96 1 79 2 88 1
Am co 90 2 80 3 93 3 81.6 3 66 3 83 3
Laz Parkin 79 4 73 4 93 3 89 4 65 4 66 6
Impark received four (4) first place votes and Lanier the remaining two (2) first place votes.
On the motion of Frank 14uszewski, and seconded by Josephine Pampanas, the Committee
voted 6-0 to recommend Impark as the top-ranked firm.
On the motion of Jorge Gomez, and second by Rolando Aedo, the Committee voted 6-0 to
recommend Lanier Parking Solutions as the second-ranked firm.
CITY MANAGER'S DUE DILLIGENCE
The City Manager was briefed on and has considered the Evaluation Committee's
recommendation; after conducting his own independent review of the proposals, the City
Manager has determined that Lanier Parking Solutions' proposal is the most advantageous to
the City.
Lanier's projected annual cost of $3,411,107.40 is $143,054.60 lower than Impark's projected
annual cost of $3,554,162. Lanier's proposed annual cost is $268,417.60 (7.29%) below
Impark's current contract cost of $3,679,525. It is also important to note that the basic contract
term is three years with two one-year renewal options at the City's sole discretion. Over the five
(5) year term (assuming the renewals are exercised), Lanier's projected cost is $1,342,088
lower than the cun'ent contract costs and $715,273 lower than Impark's RFP projected costs for
the same period (Please refer to Attachment 1).
1108
Commission Memo Re Parking RFP
September 9, 2009
Page 4 of 7
LANIER'S EXPERIENCE AND QUALIFICATIONS
Lanier was founded in 1989, and provides parking and transportation management services for
municipal off-street and on-street parking operations, commercial class "A° office buildings,
hospitals, hotels, worldwide events, sports stadiums, restaurants, theaters, entertainment
complexes and convention venues throughout the United States.
Lanier was selected to be the parking provider for the Winter Olympic Games of 2010 in
Vancouver. Their specialty is large operations such as Atlantic Station and Atlanta
Underground, with over 10,000 parking spaces, shuttle services, on street meters, and valet
parking applications.
The following is a list of conventions, sporting and political events that Lanier has
provided parking operations for:
Verizon Amphitheaters, Atlanta, GA & Charlotte, NC
Georgia Tech Football, Atlanta, GA
PGA Championship, Kohler, WI
Winter Olympics Games, Salt Lake City, UT
Winter Paralympic Games, Salt Lake City, UT
PGA Championship, Chaska, MN
Democratic National Convention, Los Angeles, CA
Super Bowl, Tampa, FL
Pan Am Games, Winnipeg, CA
Promise Keepers March on Washington, Washington DC
Lanier's operational plan takes into account the setup of each lot to meet the needs
of the disabled, overflow contingencies, towing procedures, cash collection and
auditing procedures. These plans are designed to provide a blueprint for the parking
operation.
All references provided by Lanier provided favorable. Also, see attached list of
references (entitled "References° as Attachment 2), which was provided by Lanier as
part of their proposal. Said list of references contains additional information about
facilities that are currently managed by Lanier.
Attached (Attachment 3) are the qualifications and experience of Lanier's
Management Team as provided by Lanier as part of their proposal.
The following key elements of Lanier's proposal are included in Attachment 3:
1. Operational Plan with a focus on customer service and providing for a well
trained workforce;
2. Planning and Coordination meetings with Lanier Senior Management to
discuss operational and financial issues;
3. Scheduling and Staffing Plan providing a core or full-time .parking
professionals on staff with a reserve of part time employees to facilitate
increased demand during the season;
4. Key positions and their duties and responsibilities, including a Senior Project
Manager; Human Resources Coordinator, Lead Attendant (Ambassador); Lot
Auditor (Contract Supervisor); Communications; Attendee Parking -
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Commission Memo Re Parking RFP
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Convention Center
5. Training and management of employees includes background checks;
training and development; 30 day/60 day/90 day Education Expectation
Checklist;
6. Management Trainee Program includes Lanier Parking Solutions
Organizational Development and Education Program at Lanier University.
7. New Manager/Bookkeeper Development includes Level I and II New
Manager Development.
8. The following lists previous similar contracts: City of Roanoke, Va. - 4,000
parking spaces; City of Wilmington, NC - 2,000 spaces; City of Myrtle Beach,
SC - 2,000 parking spaces; and City of Louisville -14,000 parking spaces.
As a result of an e-mail that was sent by Mr. Robert Wilde to the Administration and the Office of
the Mayor and Commissioners, which informed all recipients of an OIG Report on Lanier as part
of their contract with the City of Richmond, during the question and answer session with Lanier
on September 1, 2009, Gus Lopez, Procurement Director, asked Lanier representatives to
address the OIG Report issued by the city of Richmond. Lanier representatives stated that
they were not aware that their employees were not enforcing illegal parking of food vendors'
vehicles. Once they were notified by OIG, they cooperated fully.
On September 3, 2009, the City's Procurement Director spoke with Mr. Craig Johnson, OIG,
City of Richmond, and was informed of the following:
1. Lanier employees were allowing food vendors to illegally park their personal vehicles
without issuing citations in exchange for free food;
2. Nine (9) Lanier employees were charged; and 8 were either convicted or plead guilty;
3. Lanier's Management personnel cooperated fully in the investigation; and
4. The City of Richmond did not terminate Lanier's contract.
IflflPARK'S PROPOSAL
As the City's current vendor (having commenced service on August 11, 2008), Impark has
satisfactorily provided, and continues to provide, the services set forth herein.
In the Administrative review of the Impark proposal (and their initial year's performance) several
items were identified as being advantageous to the City:
• The firm is a national company with experience in many jurisdictions
• No start-up costs.
• No transition or initial training of employees
• The company set the norm of providing a dedicated Human Resources
professional for its contract and will continue to do so. This represents a
commitment on the part of the firm to the recruitment and retention of employees.
• The company stresses the professional appearance of its employees.
• The company has a very well developed program and stresses customer service
from its employees.
• The employees and company, beyond courteous and friendly service, also offer
a Motorists Assistance Program for facility users which has been very well
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Commission Memo Re Parking RFP
September 9, 2009
Page 6 of 7
received. Assistance with lock outs, fuel, batteries and flat tires is offered and
promoted through a "Parking Pete" program.
• During its presentation to the Evaluation Committee, Impark expressed a
willingness to fund aesthetics improvements such as painting entrance ways and
curbs of City parking facilities.
~ The company has a well developed corporate philosophy and program to support
Green initiatives.
CITY'S EXPOSURE SHOULD IMPARK'S CURRENT CONTRACT BE TERMINATED FOR
CONVENIENCE
Impark representatives have claimed a cost of more than $320,000. The City Attorney, in his
legal opinion (see C.A.O No. 09-03, copy attached as Attachment 4), estimated that the City's
legal exposure does not exceed $80,000. While the actual amount can be debated, the City
Attomey has indicated that it is likely that the City will bear some cost to exercise its Termination
for Convenience clause.
CONCLUSION
The proposal offered by Lanier is the most advantageous to the City since it represents an
annual savings of $268,417.60 (7.29%) when compared to Impark's current contract.
Lanier's projected cost is $715,273 lower than Impark's proposed cost when compared over 5
years (the basic contract term is 3 years with 2 one-year renewal options at the City's sole
discretion).
During the Commission discussion as to whether the RFP for Parking Cashiers, Attendants, and
Supervisors should be issued, a key discussion revolved around price. The Commission was
very interested in making sure that the City received the best possible price and savings for the
service performed. So much so, that the evaluation criteria provided a 60% weighting for
"Price°. It is clear that the City has two capable operators to choose from for this service.
Impark has been the provider for the last 12 months and has performed well. They have
managed a relatively smooth transition and have worked with the City to correct any
deficiencies that have arisen along the way. They also complied with their commitment to
transition as many of the previous provider's employees as possible. Their proposal also
represents a $125,363 per year reduction from the current contract and over five years that
represents a $626,815 savings to the City. Finally, a review of their scores without considering
price shows Impark to be the clear and unanimous choice based on non-price factors and they
still received 4 of 6 first place votes, with price included.
That said, Lanier (a nationally reputable company) has made a proposal that generates
significantly greater savings to the City. A review of their scores without price indicates that
operationally they were not viewed as strong. When price is added back in, however, they rise
significantly, but still only receive 2 of 6 first place votes. Given the desire expressed by the
Commission to secure the best possible price, however, Lanier does present a greater savings
to the City. Their proposal is $143,054 lower than Impark's proposal on an annual basis or
$715,273 over five years.
1111
Commission Memo Re Parking RFP
September 9, 2009
Page 7 of 7
To undergo another transition to a new operator within the past twelve (12) months is usually
not an ideal situation. For example, the impact on the employees could be detrimental, the time
needed to develop working relationships between the City and Lanier representatives, the
teaming process to °iron out the bugs" for a new company, these could ali compel us to choose
the current provider which already represents a substantial savings from the current contract.
However, the price proposed by Lanier is low enough to warrant appropriate and hard
consideration. While not as highly rated, and while there will likely be operational deficienaes
due to the transition (as experienced with the three previous service providers), and while all of
the current employees will be affected to some degree, the savings ($268,417 annually;
$1,342,088 five years) cannot be ignored.
Therefore, in looking at price as one of the primary considerations in the issuance of the new
RFP, the City Manager, for the reasons set forth in this Memorandum, recommends that the
City Commission award the contract to Lanier. Notwithstanding, the City Commission may
properly exercise its independent discretion. Accordingly, if experiencing no transitional issues;
having an incumbent provider with proven operational experience and established working
relationships; and there being no potential adverse impact to existing contract employees now
servicing City garages -all, however, at an additional cost of $143,054 annually or $715,273
over five (5) years -then the City Commission may want to accept the Evaluation Committee's
recommendation and consider award to Impark.
Attachments
JMG/PDW/TH/SF/GL
T:\AGENDA12009\September 91RegularlParking RFP REVISED.doc
1112
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1113
ItFP # 41-08/09
C. References
Attachment 2
ZANIER PA.RICING SOLUTIONS `.
CANTER Parking Solutions takes great pride in the quality of operations and our general approach to parking
management service. Through sound operating procedures, attention to recruitment, training and retention of
employees and maximizing the bottom line return for property owners, ZANIER is recognized as one of the pre-
eminent Parking and Transportation Management companies in the United States. To that end, CANTER has been
able to retain nearly 100% of our total account portfolio nationwide.
In addition to quality, LAMER is also very proud of the size, scale and diversity of the types of parking operations
we manage. These include class "A" offices, sports complexes, Waxed-use developments, hospitals, municipalities
and the 1~1ce. We feel the quality of current contracts is representative of the service provided by CANTER Parking
Solutions.
The following is a sampling of facilities and references currently managed by CANTER Parking Solutions:
Facili Start Date Ca aci Previous Operator
Wachovia Financial Center October 2004 1,125 AMPCO Parking
The 55-story office tower located in downtown Miami was recently eclipsed by the Four Seasons as
the tallest building in Florida. The 1125 space parking garage has both a self park .and valet
component to the operation. CANTER has been instrumental in providing exceptional service
despite a shortage of space capacity. ZANIER is currently working with surrounding businesses in
an effort to contract additional space to relieve the congestion within the garage. Valet service is
customarily extended on a "special events" basis to meet the needs of the Havana Club, property
management and tenants throughout the building.
Contact: Tim Keabke (305)347-5562
Facility Start Date Ca a i ~rev[ous Operator
Las Olas City Centre February 1, 2008 1,042 USA Parking
The Las Olas City Centre parking garage is one of the more recent contracts awarded to ZANIER
Parking to date. The building is currently being managed by the Stiles Corporation with Bank of
America residing as their major tenant. Located on Las Olas Boulevard, the budding offers both
office and retail space in addition to Bova Prime's restaurant which recently opened. In the first 11
months, ZANIER has exceeded the property's transient revenue budget by $33,000.00 and monthly
revenue budget by $60,000.00 all while keeping expenses in line with budget. In addition, CANTER
was able to decrease the previous operator's missing ticket percentage by an average of 15%-20%
on a monthly basis. ZANIER Parking attributes the financial success to the company's detailed auditing practices
and ever present management personnel
Contact: Judy Carter (954) 525-9316
ci;i Start Date a aci Previous Operator
Atlantic Station April 1, 2004 6,500 New Development
Atlantic Station is one of the newest mixed use developments in the Southeast United States. Built
on what was once Atlantic Steel this development will total 12 million square feet of entertainment,
retad, commercial and residential facilities. When the development is completely built out the total
parking capacity will be in excess of 15,000 parking spaces. CANTER Parking has been involved in
this development from the beginning working on demand studies, economic forecasting, traff c and
transportation analysis, DOT tracking and monitoring and the developmern and implementation of
alternative transportation initiatives.
Contact: Brian Leary (404) 876-2616
Exceptional People Providing Exceptional Service
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RIFF # 41-08/09 LAMER PARKING SOLUTIONS
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Fa ili Start Date Ca acf Previous Operator ..
Wachovia Plaza June 1, 2005 192 Central Parking ~
The Wachovia Plaza building is located in downtown St. Petersburg. The property has retail banking ~
•~ in the lobby and sits across the street from Bay Walk Entertainment Center, nearby hotels and The =
Pier. Tt is also located a short distance away from Tropicana Field, home of the Tampa Bay Devil ~
Rays. Since acquiring the property in 2005, LAMER has maximized garage capacity by W
transforming reserved monthly parking into non-reserved which resulted in an increase in daily short-
term revenue.
Contact: Bridget Lancaster (727) SZ3-1124
Facility Start D Ca ci Previous Operator
AT&T Metro Plan January 1, 2002 13,650 spaces Standard Parking
"T'he New AT&T" project represents three (3) campuses and four (4) satellite locations, fourteen
(14) parking facilities and over 13,650 parking s arc s. During the review and award process every
national and local parking concern was interviewed and evaluated. At the conclusion, I.ANIER
Parking Solutions was selected to work with BellSouth and Carter to develop and implement a
complete parking and transportation program for the project.
Contact:- Leonard Thomas (404) 98fr9147
Fac i Start Date Ca c' Previous Operator
Underground Atlanta Apri115, 2003 1,250 spaces Parking Company of America
CANTER Parking Solutions has been involved in the revitalization of Underground Atlanta since
O'Leary Partners took over the parking decks from the City of Atlanta in Apri12003. The project,
which is located in the heart of downtown Atlanta, is comprised of retails stores, restaurants and
night clubs. 1n addition, Underground Atlanta also hosts numerous special events throughout the
year to include the New Years Eve Peach Drop which draws upwards of one hundred thousand
people for a single event. Since taking over operation of the facilities revenues have increased 40%
annually with no change to the price structure. in addition to the increased revenues customer
service has improved across the board.
Contact:
Dan O'Leary
(404) 523-2311
Facility art a Ca a
Orlando Venues December 2008 1,250 spaces
Previous Operator
Standard Parking
~j' ° ~~ CANTER Parking Solutions was named as the parking operator for the City of Orlando
• t Venues in December 2008. Tasked with recruiting, hiring and training a staff in excess
of 200 full and part time employees in less than 30 days, LAMER was able to meet these
requirements without having to supplement staiBng through third party vendors.
<.-> _ Completing the transition mid-season for the Orlando Magic and during the peak season
for the Orlando Citrus Bowl, I.ANIER immediately improved the overall quality of the
persomiel as well as the service levels experienced by event patrons. As part of a new initiative, the Orlando Magic
employed the services of a 3'~ party secret shopper service to rate the overall service levels of each departrnent. By
the end of the season, CANTER Parking's overall service scores exceeded 90% satisfaction contn'buting to the
venues total service score of 92%.
Contact: Tony Skinner (407) 246-3765
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Attachmenfi 3
RF]P # 41-08/D9 CANTER PARKING S®LUTI®NS
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D ~ualiflcations of Proposer sad Management Team
F.-
LANTER Parking Solutions has over 20 years of traditional parking management experience and over 12 years of m
special event parking management experience starting with the 1996 Summer Olympic Games. LANTER's total
2.
team approach to operations management will uniquely position the team to provide unparalleled parking services to X
customers and visitors to the City of Miami Beach garages, lots and Convention Center. W
Key Personnel
As a privately owned and operated parking and transportation management firm, CANTER Parking Solutions feels
with its strong corporate support and unprecedented management team we are the most qualified to perform the
staffmg and management services for the City of Miami Beach parking portfolio. The following are the key
individuals that are ultimately responsible for the success of the City's operations.
Michael Robison..C7iairman/C.EO
As with all major corporations, the operating philosophy and corporate culture starts at the top and
CANTER'S Chairman /CEO, Michael Robison, has set a clear vision of what CANTER Parking is all
about. In 1989 CANTER opened its first surface lot with the same commitment to quality operations,
integrity, support of on-site per~nnel and maximum financial returns to property owners and
managers. This philosophy has fueled the growth that has made CANTER Parking Solutions the
fastest growing parking management company in the industry. IVIr. Robison is a graduate of Georgia
Institute of Technology.
"Leadership is the key to a quality parking operation...our team is focused on providing you with the
best operation possible°', states Walsh. Tim has over 20 years in Atlanta area parking management
and has managed a wide variety of class "A", medical, mixed use and high profle projects. Bell
South Metro Plan, Underground Atlanta, Kennestone Hospital, Cobb Hospital, Atlantic Station, the
2002 Winter Olympic Games, and the 2004 PGA Championship are just a few of the projects where
Tim's experkise has been instrumental.
Joe Wender^oth,, Executive VP. Chie~Errkeiire~0~,~
Mr. Wenderoth joined CANTER Parking Solutions as Executive Vice President in August 2000. Mr.
Wenderoth's responsibilities include market expansion both locally and nationally as well as
overseeing all marketing efforts for the company.
Mr. Wenderoth has been in the parking industry since 1979 working in major markets such as
Seattle, Los Angeles, New Orleans, Chicago and Atlanta. Over the past 25 years Mr. Wenderoth has
been involved in such projects as Cemury City, Los Angeles, CA, 2002 Winter Olympics, Salt Lake
City, Colony Square, Turner Field, CNN Center, Marriott Marquis Hotel, Hyatt Regency Atlanta,
Lakewood Amphitheater, BellSouth Metro Plan, Atlanta, Georgia. Most recently, Mr. Wenderoth led the team that
secured the Atlantic Station Development This exciting new project encompasses 138 acres with 13,000,000 square
feet of commercial, retail, entertainment and residential development that includes a parking structure totaling 6500
spaces, valet parking operations and on-street meter enforcement
Mr. Wenderoth is an actkve member of the International Parking Institute, National Parking Association, Building
Owners, Managers Association, Urban Land In.~itute, and Atlanta Chamber of Commerce and has served as
President of the Parking Association of Georgia.
.Rick [graham. C'leiefQp~C-flecer
Exceptional People Providing Exceptional Service Page 9
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RFP # 41-08/09 LAMER PARKING SOLUTIONS
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Mr. Graham has served as LANIER's Chief Operating Officer since December 2005. He joined
CANTER in 1999 as the Atlanta General Manager and then as the Vice President of Operations. Prior I-
to joining the CANTER Team, Mr. Graham was the Pazk Operations Manager for Six Flags over m
Georgia, where he led a team of over 800 hosts and hostesses who were responsible for the rides, _!
admissions, and guest services departments.
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Since joining CANTER, Mr. Graham has been responsible for managing LANIER's continued
exponential growth while maintaining the high quality operations and the first class service standards
that result in the "CANTER Difference".
Mr. Graham holds a Bachelor of Science degree in Computer Information Systems from Georgia State University,
Atlanta GA.
[~-term Kurtz -Executive Vice President ofAiternatiue T'ran.~ortation
Mr. Kurtz joined LAMER Parking Solutions as Executive Vice President of Alternative
Transportation Solutions and Planning. Mr. Kurtz has over ten years of transportation planning and
management experience. Six years were spent developing and implementing transportation plans for
some of the world's most prestigious special events, including the 1992, 1996 and 2000 Democratic
National Convention, 1996 and 2002 Summer and Winter Olympics, 2002 Super Bowl and 1993
World University Games. Four years were spent working in transportation planning in the public and
not for profit sector with organizations such as the Atlanta Regional Commission and Perimeter
Transportation Coalition.
Ms. Vanderbilt joined the Lanier team in September 2008, a8er having spent over ten years in the
security services business. She has held senior management positions in both business development
and operations management over multiple locations and regions. She is also a licensed commercial
real estate broker with experience and expertise in the South Florida real estate market.
Ms. Vanderbilt holds a Bachelor of Arts degree from Lesley University.
Mr. Klayman joined LAMER Parking Solutions in July 2003. Mr. Klarman's background is multi-
faceted. For seven years he was the CFO for a large public relations firm with offices worldwide.
Prior to that David spent fiReen years in the real estate industry based out of Los Angeles, CA.
During that time David served as CFO for an international commercial real estate holding company
that constructed and managed industrial office parks as well as commercial office buildings in
California, New York City and Washington D.C.
~^~ As a member of the corporate support team David focuses on both ensuring the accuracy and
timeliness in the day to-day financial operations, while monitoring and mapping out the company's global financial
objectives
Mr. Klayman began his career in public accounting where he became a Certified Public Accountant. He holds both a
B.S. Degree in Accounting from State University of New York at Binghamton, and an M:S. Degree in Taxation
from Golden Gate University in Los Angeles, CA.
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1117
RFP # 41-OS/09
LANIElt PAIZ~ING SOLUTIONS
Ms. Dunn joined CANTER Parking Solutions in November 2002. Her department oversees the
recruiting, hiring, training, benefits, payroll, employee relations, and workers' compensation
functions for LAMER Parking Solutions. She and her staffwork closely with all CANTER Managers
to hire, train, and manage qualified staff that can uphold the high standards of customer service that
we expect from all CANTER employees.
Ms. Dunn has twenty years' experience in the Human Resources field, including thirteen years in the
HR department at Six Flags over Georgia. As HR Director for Six Flags, Kathryn was responsible for
reoruiting, hiring, and gaining over 4,000 "Hosts and Hostesses" per year. This experience in high-volume,
customer-service oriented hiring and training make her an important part of LANIER's support staff
Ms. Dunn holds a Bachelor of Arts degree in English from Davidson College in Davidson, NC.
Mr. Morris joined CANTER Parking Solutions in January of 2004. In his role as Director of
Organizational Development, Mr. Morris is responsible for developing and implementing a wide
range of corporate-level initiatives designed to enhance the performance, development, and
effectiveness of the human resources of CANTER Parking Solutions. Those initiatives include
Leadership Development programs, LAMER University, work unit redesign, process improvement,
and change management programs.
)•®® Before joining CANTER Parking Solutions, Mr. Morris spent 18 years in the healthcare field where
he held positions in operations management and sales. During his time in healthcare, Mr. Morris was with WebMD
as the Clinical Operations Manager fora 75-technician cardiac call center and a 25 person customer service call
center. While at WebMD, Mr. Morris developed the Policies and Procedares manual and New Technician Training
program. Additionally, Mr. Morris was responsible for the creation and implementation of the Quality Improvement
program, which reduced customer complaints. Mr. Morris also served as the project manager of an enterprise
database and software upgrade.
Mr. Morris holds a Bachelor's of Science degree in Organizational Psychology from Kennesaw State University in
Kennesaw, GA.
Mr. Jastremski, Director of Loss Prevention, joined CANTER Parking Solutions in August 2006. His
department focuses on implementing policies and practices to proactively co~rol the risk of loss
within the organization, and is responsible for the internal controls within our organization. The Loss
Prevention team completes audits to ensure that all operations are adhering to established policy and
procedure, develops and implements best practices for asset protection, and provides insurance
expertise to the company. His goal from day one has been to provide a proactive loss prevention
program which protects all assets of both CANTER and its clients, thereby allowing all involved to
realize the maximized profit capabilities.
Mr. Jastremski has over thirteen years of direct Loss Prevention experience, most recently with Shoe Carnival, a
publicly held company, where he was responsible for the entire Loss Prevention operations in the southern United
States. The experience he brings and his ability to work hand in hand with all facets of our operations, including our
customers, makes him an integral part of the CANTER team.
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LA.NIER PARKING SOLUTIONS
Mr. Griffies joined the LAMER team in September 2003 as a Facility Manager in Atlanta, Georgia m
after spending seven years with Coca-Cola. He moved quickly thru the ranks with his dedication, ~
work ethic and customer service skills. Mr. Griffies relocated to Miami Beach, Florida as the m
General Manager of Central and North Florida in 2005. Todd has lead the transition team on 13 new
location openings, and has opened Jacksonville; StPete, and Miami Beach as new cities to have =
Lanier locations. W
Mr. Griffies holds a BA in Political Science from Presbyterian College in Clinton S.C.
Jim Rick - Oneraifons Manages
Jim Rick joined the LAMER team in December 2003, as a Facility Manager at one of LANIER's Ft.
Lauderdale garages. In September 2005 he was promoted to Project Manager of V/achovia
Financial Center in downtown Miami. Prior to joining CANTER, Jim had worked for 30 years with
the Timex Corporation in a variety of management positions. His past experience with customer
service and employee services made him a good fit for CANTER, where he quickly learned the
parking business and already had the skills to deliver on our promise of "exceptional people
providing exceptional service".
As the Operations Manager (OM), Jim will add an additional layer of management support for the onsite Project
Manager. Jim will continue to base out of the Wachovia Financial Center office where he will lend both
administrative and operational support to the BAC Colonnade parkng operation. J'un'e knowledge and experience
with CANTER will be instrumental in the training and development of the proposed onsite Project Manager.
Please refer to the organizational chart below for spec~c details regarding management structure.
Exceptional People Providing Exceptional Service Page 12
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RFP # 41-08/09 LAJVIER PARKING S®LU'I'I®NS
The Parking Management Plan that will be implemented will need to address several critical aspects to ensure all
patrons have an enjoyable experience when visiting the City of Miami Beach facilities. The parking experience will
be the first and last impression visitors have of the overall area and it is the responsibility of the parking
management firm to ensure a positive experience.
The first and most critical aspect of the parking operation is the recruiting, hiring, training and management of the
on-site personnel. CANTER Parking Solutions takes great pride in the quality and proficiency of our employees on
the front line. Great care is given to the selection and training process to ensure all visitors have a memorable
experience. Issues such as appearance and uniforms, working knowledge of the surrounding areas, customer service
and the ability to perform specific duties are all pre-requisites for the on-site employees.
Operational Plan
The management of the City of Miami Beach facilities parking program requires attention to detail, focus on
customer service, and a well trained workforce. With over 100 years of parking management experience, LAMER
Parking Solutions wilt direct its experience and expertise to the improvement of the total parking program st the
City of Miami Beach facilities.
Planning and Coordination
As with all successful parking operations, it is critical for on-site management to become part of the overall
management team of the project. All CANTER Parking Solutions managers are required to attend all departmerrtat,
pre-event and staff meetings is order. to effectively integrate themselves into the City of Miami Beach facilities'
management team. Additionally, CANTER Parking Solutions senior management will meet with the City of Miami
Beach on a regular basis to discuss operational and financial issues. The total team approach to operations
management will solidify the planning, coordination and communication between the parl~g management team and
the City of Ivliami Beach leading to a more successful packing program.
Scheduling / 5taf5ng
The scheduling and staffing for the Miami Beach facilities presents some difficult challenges not normally
associated with traditional parking operations. As with many special event venues, the demand for parking has
peaks and valleys leading up to event time as well as peaks and valley in the season itself.
It is anticipated that CANTER Parking Solutions will have a core of full time parking professionals on staffwiffi a
reserve of part time employees to facilitate increased demand during ffie season.
I.AIVIER Parking Solutions will attend all department meeting and staff meetings to ensure all the critical
information is obtained in order to prepare an effective staffing plan.
CANTER Parsing Solutions will staffffie City of Miami Beach facilities with the highest caliber personnel to ensure
the maximum level of service to visitors. Historically, LANCER has targeted undergraduate and graduate students
from area universities to fill front trine positions. We create a small team of ambassadors that visitors can become
familiar and comfortable with, instead of staffmg the facility from a large pool of existing employees. We wam the
patrons to recognize our employees, adding the opportunity to build a closer, friendlier relationship with them.
CANTER intends to co~inue that tradition at the City of Miami Beach facilities.
Senior Project Manager
The Senior Project Manager will be responsible for the day-today operations of the Miami Beach psrkimg program.
Accordingly, he/she will act as primary kiai~n to management, security, employees and visitors. The Senior Project
Manager will maintain complete personnel files on each employee and in partnership with LANIER's corporate
human resource staff will manage human resources issues, including requiting, hiring, training, scheduling, and
disciplining of staff In hiring, he/she will ensure that each individual meets or exceeds prerequisites for the
appropriate position. Further, the Senior Project Manager will require that all CANTER Parking personnel adhere to
any and all City of Miami Beach standards. The Senior Project Manager will also supervise the cash control system
and auditing process; handle customer service issues, complaints sad inquiries; coordinate necessary repairs and
maintenance items; and compose weekly and monthly financial and statistigrl reports.
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RFP # 41-{18/09 CANTER PARKING S®LUTIGNS
Human Resource Coordinator
The Human Resource Coordinator will assist the Senior Project Manager in the day-today operations of the City of
Miami Beach parking program. Accordingly, he/she will also oversee the operations during events working with the
Lead Attendants, Supervisors and Cashiers to ensure a successful operation. The Human Resource Coordinator will
also perform the duty of "Lot Auditor" during each event (see below).
Lead Attendant (Ambassador)
The Lead Attendants assigned to the City of Miami Beach will be responsible for overseeing the daily operations
within the parking lots and specific areas around the Center. The primary role of the Lead Attenda~ will be to assist
the attendants and cashiers with loading the lots, ensure revenue control procedures are in place and adhered to, and
assisting visitors with questions and/or concerns.
Attendants and Cashiers (Ambassadors)
Attendants and Cashiers play a vital role as "Ambassadors" of all of the facilities. These individuals must be well
groomed, courteous, and knowledgeable about the venues and the surrounding areas. The ambassador's primary
responsibility is the timely and accurate collection and reporting of parking fees, permit verifications, traffic
direction,within.parking lots, and assisting visitors with questions and/or concerns.
Lot Auditor - (Contract Supervisor)
~"Fh~roi~of~the L,o~Au~'~ ~s one of the most effective ways to deter theft from the parking lot operations. The
Contract Supervisor will conduct physical checks of each vehicle to ensure proper procedures have been followed
with respect to ticket issuing, permit placeme~s and other credentials that may have been authorized. Car counts
are also done and tied beak to the reports submitted at the end of each shift.
LANIER's operational plan takes into account the setup of each facility to meet the needs of overflow
contingencies, towing, cash collection, permit verification and auditing procedures. At the end of each day,
LAMER will ensure the proper delivery of monies to the City, as well as proper staffing. At events CANTER will
ensure the breakdown and removal of all operational devices and trash removal is completed and the property
returned to its original condition.
LANIER's unique experience in working with local, state, and federal law enforcement agencies, as well as state
and federal transpartafion departments, provides us with a true understanding of the difference between traffic
management, spectator parking lot control, permitted access, and ilia various security issues involved in special
events. CANTER works with traffic planners to identify key locations where law enforcement is critical to the
success of the traffic management plan. LANIER's experienced staff understands these separate entities must work
together presenting a seamless transition between transportation, security and other operations.
Communications -With the multiple locations and the uncertainty of the nwnber of visitors, it will be important
for each facility to communicate effectively with each other. Each supervisor will be in constant communication
with the on-site Project manager to ensure traffic is moving smoothly, facilities are being m~ ' i~r' and all aspects
of the operation ate running properly. Effective communication will be used to position and utilize staff and
effectively monitor the overall performance of the parking management plan. LAMER has contracted with a
towing and repairs company to provide the MAP program, and will be able to provide the City of Miami Beach with
unprecedented service.
Attendee Parking -Convention Center The operation and control of parking facilities for a major event venue is
both complex and unique. With most attendees salving and departing at one time, the immensity level of the
operation is elevated during a short period of time. As a result, it is critical that staff be on~ite, briefed and well
prepared prior to the first attendee arriving. The Senior Project Manager will ensure a plea is in place to create a
smooth and efficient operation. In addition, it is important that specific methods of control be put in place to
minimize any revenue losses sad adherence to proper permit control and monitoring.
Haman Resources, Recruiting, Hiring and Training
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RFP # 41-08/09 CANTER PARKING SOLUTIONS
Attention to employment resources, hiring procedures, training, minimum qualification standards, employee growth
opportunities and appearance and uniform requirements are some of the things that set CANTER apart from other
parking operators. LAZ`TIER's overall objective is to develop and implement personnel policies and procedures
designed for one purpose: exemplary customer service and maximum financial return to the owner. To that end,
LAMER goes to great lengths to attract, hire and train the right person for each job classification.
The Corporate Human Resources division at LAMER Parking sets employment related policy and procedure and
supervises the recruiting, selection, training, and management of employees at all levels. Our major focus is
attracting, retaining, and developing employees who will deliver outstanding customer service at all times. We
provide on-going training and support to location managers to constantly develop their skills in motivating and
supervising their employees to maintain the high level of service we require.
Recruiting-Sourly Employees
CANTER Parking utilizes many methods for attracting qualified applicants to fill our entry-level jobs. Many of our
applica~s are word-of-mouth referrals from current employees. We do targeted recruiting for groups each as
college students and senior citizens, and utilize other recruiting methods such as on-line job postings, flyers in the
community, job listings with the Department of Labor, referrals from churches and civic organizations, and
advertising in carefully selected publications.
Selection -Sourly Employees
At the time of application all applicants are screened for the basic requirements, and assigned a numeric rating
between 1 and 4 for each attribute. Only candidates receiving an overall rating of 3 or above are scheduled for an
interview: A member of the Human Resource staff conducts one-on-one interviews, usually followed by a second
interview with the location Manager. For remote locations, managers receive training in CSI (Carefiil Safe
Interviewing) skills so that they can hold effective interviews to fill hourly positions.
The attn'butes we look for are: .
L anguage: is the applicant able to communicate clearly; do they demonstrate good communication skills: eye
contact, able to be heard & understood, use "polite" language such as please and thank you (Indicator of how they
will communicate with customers).
A ppearaace: is the applicant clean and neatly groomed; are they dressed appropriately to show respect for the
interview/office environment (htdicator of whether they will adhere to grooms»g policies and present the right
image to customers).
N eatness: is the applicmtion filled out completely and legibly; does the applicant provide all the requested
information; has the applicant demonstrated the ability to fill out required paperwork correctly (Indicator of whether
they will be able to complete the required cashier & other operating reports).
I mpressive: does the applicant make a good first impression; will he/she make a positive impression with our
clients and customers; do they have the education and/or experience to meet the requirements for the position?
E nthusiasm: is the applicant outgoing & friendly and convey an interest in working for LAIQIER Patting? Do they
have a positive demeanor? (indicator of worJE attitude and demeanor they will display at work).
R fight Fit: can the applicant work the scheduled shift; do they meet the basic qualifications for the position; do they
pay expectations meet the offered pay rate, are they willing to adhere to the grooming and customer service
guidelines?
Recruitbtg -Management Employees
LAMER is always looking for motivated professionals who are skilled at managing people aad.have a demonstrated
background of outstanding customer service. Prior parking experience can be helpfiil, but we also recruit outside the
parking industry to attract the strongest managers to add to our team. We believe that a person with a strong "core
set" of management and communicafion skills who is properly trained and motivated can handle whatever
challenges we give them.
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RFP # 41-08/09 LAMER PARKING SOLUTIONS
We also believe in promoting from within and giving people the opportunity to grow with our organization. Some ~`
of our managers have risen from entry or mid-level jobs after demonstrating their capabilities and dedication to the F..
company. m<
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Selection -Management Employees =
The recruiting and selection of all Management employees is handled by the Corporate Human Resources division, X'
working closely with Operations Senior Management. We maintain our recruiting efforts on a year-round basis, W
even when we have no immediate openings, to ensure that we always have promising candidates in our "pipeline" so
that we can react immediately to any managemenrt openings. Managers undergo an extensive background check and
interview process, to ensure that we are selecting candidates who will be a strong partner is growing our business
and exceeding the expectations of our.clients.
Management TlraineeProgram
LAMER has established a "Management Trainee" (MT) program to ensure we have management personnel in each
of our regions being trained at all times. The MT curriculum and training process is monitored by our Corporate
Director of Organizational Development, to ensure that the quality of training is consistent.
Background Checks
Background checks are conducted on all applicants prior to hire. Social security verifications and criminal
background checks are run on all potential hires; other types of checks (such as MVR, credit history, education /
employment verification, drug screen, etc.) are run depending on position and client requirements. Results of all
background checks are reviewed and must be approved by the HR staff before the candidate is approved for hire.
Training and Development -Overview
LANIFR has a Corporate Director of Organizational Development, who is responsible for developing and
implementing a wide range of corporate-level initiatives designed to enhance the performance, development, and
effectiveness of the human resources of CANTER Parking Solutions. Those initiatives include New Employee
Orientation programs, Leadership Development programs, CANTER University, work unit redesign, process
improvement, and change management programs.
Training -Hourly Employees
Orientation -All employees must attend a two hour Orientation class before beginning work. Orientation is
administered both in "classroom" form to groups of employees, or via computer-aided learning to employees in
more remote locations. The class focuses on the company Mission Statement and Operating Philosophies, the
"basics" of customer service, company policies, and operating procedures. The Employee Handbook serves as the
outline for Orientation.
OTT - on the job training from peers and managers to ensure that proper customer service standards ("Greet, Serve,
& Send") and operating practices are followed.
"Secret Shoppers" -are used in the field to ensure that employees are practicing "Greet, Serve, & Send" and
following proper cashier procedures. Employees not in compliance are sent back to Orientation for further training
8c follow-up. Unwillingness or inability to comply wfth customer service requirements is grounds for termination of
employment.
Training - Management Employees:
LAMER Parking Solutions Organzzatlona! Development and Education Program at LAMER University
At LAMER, personnel development is an ongoing process. The Organizational Development and Education model
used by CANTER is a progressive model designed to help motivated individuals set a path for their growth and
development. LANIER's Organisational Developmem and Education Program is administered through CANTER
University and features corporate-level training programs. CANTER also stresses personal-initiative programs.
LANIER's Organizational Development and Education Programs are specifically designed to develop the following
categories of personnel:
Exceptional People Providing Excep#onal Service
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RFP # 41-Q8/09
CANTER PARKING 30LIJTIONS
• Newly hired managers and bookkeepers
• Personnel that have been identiSed as having management potential as measured by LANIER's Leadership
Standards.
+ Current senior managers, managers, and bookkeepers.
LANIER's Organizational Development and Education Program is divided into four (4) parts:
• New Manager./ Bookkeeper Development
+ Management Trainee Program
• LANIER's D.E.C.K. Series (Continuing Education)
• Customized educational programs
L New Manager /Bookkeeper Development
The purpose of the New Manager /Bookkeeper Development program is to teach the new managers !bookkeepers
LANIER's Policies and Procedures. Another purpose of the New Manager /Bookkeeper program is to fully
immerse the new manager /bookkeeper is LANIER's corporate culture of providing exceptional customer service.
At the completion of the New Manager /Bookkeeper Development program, CANTER has a pool of experienced
managers and bookkeepers to pull from. The New Manager 1 Bookkeeper Development program is broken down as
follows:
A. Level I New Manager Development
Level I New Manager Development involves a general orientation of LANIER's Policies and Procedures
Manual under direction of the Corporate Education Department and is required of all new managers. This
orientation is primarily is a classroom setting with hands-on learning, where tha tools for self-study are
provided.
The orientation also includes "shadowing" an experienced manager who serves as a mentor. During the
orientation, the Manager works closely with ambassadors and maintenance personnel to team those front-
linepositions as well.
The Manager must successfully demonstrate competency through a testing process in order to move on to
Level II Management Development. Additionally, the Manager will participate in a performance review of
his or her progress to this point.
B. Level II New Manager Development
Level II New Manager Development involves on-the-job (OTn training, under the direct supervision of the
area Senior Manager, with guidance from the Corporate Education Depatment. The Senior Manager
assigns an experienced manager as a mentor to assist in the OTl.
Level II New Manager Development also involves regularly scheduled meetings between the New
Manager and the Senior Manager to discuss the New Manager's progress and areas for improvement.
Additionally, Level II New Manager Development includes weakly conference calls facilitated by the
Corporate Education Department to discuss "best practices".
C. Level ffi Management Development
Level III Management Development involves continuing education for all managers cad is discussed in
greater detail in Section III.
YII. Management Trainee (MT) Program
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RFP # 41-08/09 CANTER PARKINS S®1.,lUTI~N5
CANTER Parking Solutions Management Trainee (MTV program is designed to provide CANTER a continual pool of
experienced managers. The program is designed to be a 90-day developmental program and closely follows the
New Manager Development program. There is a greater emphasis on management skills in this program.
During this program the MT works in a wide range of operations with a diverse group of managers. Additionally,
the MT spends time in the classroom at CANTER University. The MT is responsible for completing a 30-day, 60-
day, and 90-day checklist of items:
A. 30-Dav Education Eanectations Checklist:
Corporate Orientation
LP5 Policies & Procedures Manual
Cashier Operations: GSS / Shift Report /
Revenue Drops
CANTER University Course LPS 103.1
CANTER University Courses LPS 101.1 and
LPSloz.l
CANTER University Course LPS106.1
CANTER University Course 104.1
Aged Receivables Management Flowchart
Steps for Aged Recefvables
CANTER University Course 105.1
Revenue Reporting
Ticket Summary
Access Card Reconciliation /Card Cut-off
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B. 60-Dav Education Ezaectations Checklist:
CANTER University Course LPS401.1
CANTER University Course LPS402.1
CANTER University Course LPS403.1
CANTER University Course LPS405.1
Equipment Overview
Audits: Surprise audits, bookkeeper audits, access card inventory
CANTER University Course LPS201.1
C. 90-Dav Education Eznectations Checklist:
Paris (Aged Receivables Software)
Additional Operational Reports
III. CANTER University Continuing Education
Level III Management Development employs both classroom training as well as inshuction utilizing materials at
CANTER University. These materials can be ordered by the manager and most offer self-paced learning modules.
The manager must demonstrate competency through an online testing process.
The cornerstone of the Level III Management Development is LANIER's D.E.C.K. Series - distinction through
Excellence, ,competence, and Knowledge. The D.E.C.K. Series is a succession of seminars designed to provide the
CANTER Manager with the tools needed to develop a higher level of thinking and problem-solving skills. The
D.E.C.K Series is required for ati Senior Managers, Managers, and Bookkeepers. The D.E.C.IC. Series Course
Catalog includes:
Exceptional People Providing Exceptional Service Page 20
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R~'P # 41-0~/09
CANTER PARKING SOLUTIONS
Organizational Groups, A description of the Organizational
Groups at CANTER. A listing of
Email Aliases, and important email aliases. How to access LPS 103.1
Accessing Forms the forms needed for the daily overations.
Management of Aged A discussion of the procedures P place
Receivables (AR) and the tools available to handle ast due LPS104.1
accounts.
A definition of "balance adjustment"
How to do Balance followed by the criteria for adjusting the
Adjustments balance owed by an account. A I.PS10S.1
description of how to complete and
submit the Balance Adjustment form.
A description of a "day in the life" of a
Facility Manager facility manager followed by a
Responsibilities breakdown of daily, weekly, monthly, LPS 106
quarterly, and annual responsibilities in
manaaeine a Darkin¢ facility for CANTER.
', A complete guide to interviewing to hire
'~ C.S.I.• Careful, Safe the best employees. Discusses the use of
', Interviewing behavioral interviewing techniques and I.PS201.1
haw to construct a standardized Interview
A discussion of all
LPS202.2
Leadership Series A two-part program describing the
Overview & Coaching Ix~detship Standards at CANTER as well I.PS401.1
/Disci Line ~ overview of employee coaching and
Difference: Providing A guide to providing the high level of LPS402.1
Exceptional Customer customer service required by CANTER.
Service
Conflict Resolution I A discussion of techniques used to I LPS403.1
hardline conflict with anew customers.
Do It Now!
E-Mail "Netiquetxe"
the Trainer
An introduction to time manageme~.
Discussion of a technique to help with I.PS404.1
to
as a { I.PS40S.1
A guide on how to properly train and
develop a team to fully manage a I~S406.1
ProP~3'• Inchules instruction on how to
Exceptional People Providing Exceptional Service Page 21
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RFP # 41-08/09 I.,ANIER PARI~iNG S®I~IJ'TIONS
In addition to the classes described above, all Senior Level Managers are required to participate in a weekly
conference call meeting to discuss "best practices" and new policies and procedures.
Periodically, all Senior Level Managers and Project Managers are req~.tired to attend Learning-intensive Leadership
Development Conferences.
N LAMER Untverslty Customized Education
Special topics can be requested by Executives or Senior Managers.
New seminars are regularly developed and added to the curriculum based on individual needs as well as periodic
training needs analyses. LANIER's Department of Organizational Development periodically performs Educational
Needs Analyses through interviews, surveys, round-table discussions, Gap Analysis techniques, Work Flow
Mapping, audits, etc.
Employee Relations
CANTER believes that the key to outstanding customer service is making sure that our employees are treated fairly
and have the right tools and training to do their jobs. Employee care is the foundation of customer care. We have
programs and policies in place to foster two-way communication with our employees, and to recognize those
employees who are doing an outstanding job.
Communication and Recognition programs include:
"The CANTER Difference" -quarterly newsletter highlighting customer service standards, and recognizing those
employees who go above & beyond'.
Shining Star Award -employees at any level can be nominated to receive this recognition of outstanding job
performance.
"Instant Reward" program - instead of only receiving attention when negative behavior occurs, the goal of this
program is to "catch" employees doing something right -and reward them on the spot with a small token (movie
ticket, meal certificate, etc.).
Compliment response -any employee receiving a customer compliment receives a "Thank You" Letter from the
CEO along with a small token of appreciation, plus recognition on the Corporate Communication Board and in the
newsletter.
Service Anniversary recognition -Employees celebrating milestone service anniversaries receive a personal Ietter
from the CEO along with a Years of Service certificate;
Disciplinary Procedures
From time-to--time employees may not peri:'orm up to expectations. Therefore, the compa~ places a high degree of
emphasis on consistent and effective disciplinary actions. It is the senior facility manager's responsibility to
document incidents with the employee present and review the performance problem so that he or she has an
oppordmity to correct the problem. Make no mistake, however, in thinking that LA1dIER does not deal severely
with intentions[ discipline challenges. Among the top offenses, rudeness to customers, attendance issues, the8 and
drug or alcohol use will result in immediate termination.
Employee Retention
Since the company's inception, LAMER Parking Solutions has set its pay sale above industry standards. All
positions within the organization typically pay above our competition. It is LANIER's opinion that if you pay a
higher wage, you wilt attract and retain a higher caliber of individual. This philosophy has provided CANTER
Parking Solutions an employee base second to none.
LAMER continuously works towards rewarding employees who perform above and beyond the call of duty. In the
case of manageme~ personnel, atl managers are compensated based on meeting and/or exceeding annual budgets,
service standards as well as meeting customer and client expectations.
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RFP # 41-08!09 LANIER PARKING SOLIJ'I`I®NS
Line employees are rewarded through programs such as employee of the month, customer service referrals, letters of
commendation (from customers) and recognition of managers &c supervisors. All of these programs are rewarded
with various forms of compensation i.e. cash, dinner for two at local restaurants, movie and sporting event tickets,
paid time off, etc.
One of the biggest challenges faced by all parking companies is minimizing the turnover rate of employees,
CANTER Parking is committed to providing a work environment that gives employees the opportunity to develop
and advance if desired. Within this environment LAMER management understands the need to provide a structure
that respects, encourages, promotes and inspires the well being of the employee. Aside from the positive work
environment LAMER Parking employees experience, CANTER is known for an above average compensation
package.
Gr. Price Proposal Form
Exceptional People Providing Exceptional Service Page 23
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RFP # 41-08/09
LANIER PARKING SOLUTI®NS
H-A. Record of Satisfactory Performance over Last Three Years
As noted throughout this proposal, CATTIER Parking's management portfolio consists of 325 properties in
46 cities located primarily in the Southeastern United States with expansion cities to include Houston,
Kansas City and Minneapolis. With the vast majority of the parking operations consisting of Class "A"
office buildings, Medical facilities and Municipal accounts offering paid parking in both surface lots and
covered parking garages, LAMER Parking feels that its experience and performance over the past three
years is more than adequate to meet the requirements set forth by the City of Miami Beach. As for
providing a record of satisfactory performance over the last three years, it's worth noting that CATTIER
Parking has NEVER lost an account since the company's inception based on performance.
H-B. Licensed in tLe State of Florida
CATTIER Parking Solutions is licensed to work in the State of Florida. Please refer to Attachment II for a
copy of LANIER's certification.
H-C. List of Current and Prior Similar Contracts.
CATTIER has an exemplary list of municipalities that we're doing business with currently. Below we list
three that are similar to the City of Miami Beach requirements. We have not lost any contracts over the last
three years.
Location/Facility Start Date Capacity Previous Operator
City of Roanoke, VA August 1, 2002 4,000 spaces Central Parking
Contact: Debbie Moses (540) 853-8285
Contract awarded in May 2002, operations began August 1, 2002. Managing 4000 0„~'-street spaces in six
parking decks and six surface lots.
City of Wilmington, NC February 6, 2008 2,000 spaces Central Parking
Contact: Betty Gurganns (910) 342-2786
Contract awarded in January 2008, operations began February 7, 2008 The municipal program has
approximately 800 metered spaces and 1,100 o,~=street spaces.
City of Myrtle Beach, SC Augnst 1, 2002 2,000 spaces N/A
Contact: Dave Sebok (843) 918-1055
Contract was awarded in 2004 and again in 2008. Lanier is the, fast private parking operator to manage
the City of Myrtle Beach Parking Program.
City of Louisville October 2004 14,000 spaces N/A
Contact: Cathy Duncan (502) S74 3817
Contract for 5000 on street and 9000 off street in October 2004. Lanier was conseyuemly awarded the
PARCs southern sector garages.
The above locations are just a small sample of municipal projects currently being managed by LATHER
Parking. At the request of the City, CANTER will provide a full list of projects for the City's review.
Exceptional People Providing Exceptional Service Page 25
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F.FP # 41-08/09 CANTER PARI~IN~G SOLU~'IONS
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H-D. Oversight and AcconntabiIity of Staff. H
Methods of Control -Controlling revenue is one of the most critical functions of a parking m
management company. This is especially difficult in a special event application with a lot of cash =
changing hands and virtually no access controls in place. The following is a list of techniques W
CANTER will use to control revenue.
Sequenced ticketing -all tickets are sequenced, logged and collected by the supervisor as means for
recording a ticket sold summary. Each cashier is required to provide each paying customer with a parking
ticket. Vehicles with permits w~71 be required to clearly display the customer section in the windshield of
the vehicle.
Cashier sudits - it is the policy of CANTER Parking to perform multiple cashier audits to
ensure/promote employee honesty. These audits will be performed by members of the LAIJIER
management team (company wide and not limited to on site managers).
Vehicle counts/lot inspections~hysical counts will be conducted to verify the total number of vehicles
parked in each lot and compared to the subnutted reports.
Staffing Requirements
Senior Project Manager -There will be one on-site Senior Project Manager assigned as the primary point
of contact for the City of Miami Beach. The primary hours for the Senior Project Manager would be from
9:OOam - 6:OOpm, Monday -Friday except oa event days. This manager would have the ultimate
responsibility for the day-today operation of the parking operation. The Senior Project Manager will earn
approximately $55,000.00 per year. AU managers are on call 7 days a weep 24 hours per day; workdays
will vary depending on schedule of special events. The primary duties and responsibilities of the Senior
Project Manager would consist of
• Recruit, hire, and train on-site personnel: Work with Miami Beach General Manager and Corporate
Human Resource department to screen, recruit, hire and train all on-site personnel in accordance
with company policy.
• Scheduling. Prepare all work schedules for regular hours ~ ensure that the events are properly
staffed during regular and peak operating hours.
® Scheduled Meetings: Schedule and head weekly manager meetings and monthly staff meetings.
Attend any/or all operations meeting scheduled by the stadium management.
• Supervising sta,,~ Provide sufficient currency and change to scheduled cashiers during each shift to
ensure that proper change can be returned to the customers without delay.
o Supervising Customer Interaction: Supervise cashier/attendant's contact with patrons to ensure that
complaints, disagreements or misunderstanding about parking rates ar services are resolved
diplomatically and fairly.
® Supervising Quality of Work: Supervising the quality of work from the administrative personnel,
and cashier/attendants' staff to ensure that work tasks and assignments are performed eiRciently,
effectively and as required.
• Reporting. Supervise the completion of all closing reports on a monthly and quarterly basis so that
proper and necessary activity statistics are reported.
• Preparing monthly report. Work with the corporate staff in the preparation of the monthly report.
Meet and discuss with property management on all financial aspects of the operation on a monthly
basis.
Contract Supervisor- The primary hours for the contract supervisor will be based on the activities at City
of Miami Beach Venues. It is anticipated that a supervisor will be scheduled during each shift ffi every
location and will earn $11.00 per hour. This individual would report directly to the Senior Project Manager
Exceptional People Providing Exceptional Service Page 26
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RFP # 41-08/09
LAMER PARKING SOLUTIONS
and assist is the day-to-day duties of the parking operation. All supervisors are on call 7 days a week, 24
hours per day. The primary duties and responsibilities of the contract supervisor would consist oi:
• Scheduling. Preparing all work schedules for regular and overtime hours to ensure tbat the facility is
properly staffed during regular and peak operating hours.
• Supervising Staff :Providing sufficient currency and change to scheduled cashier/attendants during
each shift to ensure that proper change can be returned to the customers without delay.
• Supervising Customer Interaction. Supervising cashier/attendant relations with patrons to ensure that
complaints, disagreements or misunderstanding about parking rates or services are resolved
diplomatically and fairly.
• Supervising Quality of Work. Supervising the quality of work from the administrative personnel and
cashier/attendants to ensure that work tasks and assignments are performed efficiently, effectively
and as required.
o Reporting. Supervise the completion of all closing reports on a monthly and quarterly basis so that
proper and necessary activity statistics are orted.
• Monitoring Audits. Monitoring ffice audits monthly revenue and daily cstshier reports to ensure
that proper sales totals are reported and t monthly receipts are recorded on time, and to maintain
vigilance over possible cashier manipulation and/or inefficiencies.
• Preparing Bank Deposits. Preparing a morning bank deposit by counting the daily cash receipts and
ensuring that all previous day revenues are accounted for and deposited daily into the bank account.
• Payroll. Preparing payroll by monitoring and checking timecard totals to ensure that employees
are properly credited far time worked, paid in accordance with wage 8c hour guidelines and that staff
is properly utilized.
Ticket Accounting Clerk -There will be one ticket accounting clerk for events at the Convention Center.
The primary hours for the ticket accounting clerk would be during all major event. This individual would
be responsible for the day-to-day operation of the parlang accounting and financial accountability of the
operation. The ticket accounting clerk will earn approximately $11.00 per hour. The primary duties and
responsibilities of the Ticket Accounting Clerk/ Supervisor would consist o~
• Customer Contact: Greet each customer in a friendly and professional manner, both in person and
when speaking on the telephone. Work with City of Miami Beach Venue's management
representatives on monthly/seasonal account issues.
• Records: Maintain accurate and up to date records on all parking related issues.
• Cash Controls: Verify cashier check out sheets for completeness and accuracy versus tickets and
cash turned in. Report any discrepancies to the senior project managed.
• Payroll: Verify and calculate all hours posted on employee time cards. Compile all paymll recap
reports and prepare final payroll for senior manager's approval.
Lead Attendant/ Supervisor -The Primary hours of the Lead Attendant would be event day four hours
prior to event time and one hour after event time. This individual would be responsible for overseeing the
event day operations within a specific parking lot(s) and specific areas around the venues. The Supervisor
will earn approximately $11.00 per hour. The primary duties and responsibilities of the Lead attendant
would consist oh
Sta„~'Check irm -Make sure that all Cashiers arrive to their assigned lot on time and in uniform. The
Supervisor will report back to the Managers if any Cashiers do not arrive or are not prepared for
their shift upon arrival.
Supervise Parking Lot Preparation. Provide sufficiem direction to Cashiers is the preparing the
lots for visitors. The lead attendant will nosintain atl parkiiig lot maintenance check lists.. They will
be responsible for making sure that all lots are cleated of vehicles prior to opening. They will set-up
the lot with regard to barricades, cones and traffic control.
Gather and Brief Staff- Prior to the arrival of the first automobile the lead attendant will gather and
brief staff. This will include passing along all critical information necessary to provide the highest
level of service. The Supervisor wi71 issue all ticket banks and appropriate paperwork
Exceptional People Providing Exceptional Service Page 27
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RFP # 41-05/09
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• Maintain Communication -The lead will maintain communication with the Senior Project Manager
throughout their shift. They will be required to report back on traffic flow and lot capacity. H
• Supervise Customer Interaction -The lead attendant will be responsible for making sure that m
Cashiers are visible and accessible and that they are properly issuing tickets and collecting money. _
• Supervise Load In -The lead attendant will be responsible for making sure that vehicles are not ~(
backing up and if they are to take the necessary steps to clear it up. If lot fills the lead attendant will W
be responsible for closing off entrances aad placing appropriate signage out.
• Reconcile Tickets and Money -Supervisor will be responsible for the collection of all money and
tickets and to report back to the manager or bookkeeper all receipts.
• Lot Closing -Supervisor is responsible for closing down tha lots after each event to include taking
all cones, signage and barricades down.
Attendant /Cashier (Ambassadors) - On event days the entrances to the lots will be staffed from 2 hours
prior to event time and one hour after the event starts. The Attendant's pay scale will be $9.81 per hour.
The primary duties and responsibilities of the Attendant would consist of:
• Assisting Patrons: Courteously assist patrons by answering atry possible questions and giving
appropriate direction both on-site and to surrounding locals. If the patron is experiencing a problem,
the Ambassador should assist the patron to the best of his/her ability and if necessary refer the
problem to management.
• Processing Tickets: Accurately process all cash and tickets through their station in accordance with
established policies and procedures. Accurately process all permits and/or ClickandPark vouchers.
• Maintenance: Assist in the maintenance and repair of parking lot and any general maintenance tasks
as directed by the Senior Project Manager.
• Reporting. Report any known observed or suspected violations of company policy, safety hazards,
and unusual occurrences to the Senior Project Manager is a timely manner.
• Knowledge of Parking. Have a thorough knowledge of all areas of the parking lots.
• Appearance: Maintain a neat and clean appearance and be in compile uniform at all times.
• Knowledge of Streets and Landmarks: Have a thorough knowledge of the streets and landmarks in
the area of each venue. Knowledge of all major roads and iaterstates out of the city as well as
directions to all major landmarks.
• Flagging: Ambassadors will be called upon to use flags to direct patrons into open and avar7able
parking spaces within the parking lots.
H-E1. Project Approach aad Management Plan
As stated, the CANTER approach will encompass a global outlook, taking each aspect of the garages, lots
and event coordination into account. Organization and planning will be key, and we will work closely
with the City of Miami Beach Parking Department Team to implement and execute finely tuned plans to
address each facet of the operation.
In addition, LAIJIER has partnered with a Towing company to work with us for the Motorist Assitance
Program (MAP). 1n exchange for the towing from the City facr7ities, they will provide battery starts,
changing of tires, etc., at no charge.
Please refer to Section F for details regarding the LANIER's staffmg, recruiting, training and retention
shategies.
H-E2. Brief History
Please refer to Sections A and B for a history of CATTIER and our experience.
Ownershin/Princi~ies Date of Hire
J. Michael Robison -Chief Executive Officer Aprr7 1989
Timothy J. Walsh -President January 1997
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RFP # 41-08/09 CANTER PARKING S®LITTI®NS
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Joseph P. Wenderoth - EVP /Chief Marketing Officer August 2000
Richard C. Graham -Chief Operating Officer January 1999 F-
David Klayman -Chief Financial Officer July 2003 m
Business Location = `
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CANTER Parking Solutions is a National parking concern headquartered in Atlanta, Georgia with Florida
operations located in Miami Beach, Tampa, St. Petersburg, Jacksonville, Ft. Lauderdale and Mianu.
LAMER Parking Solutions is a Corporation.
Regional Office Location
CANTER Pazkuig Solutions of Florida
200 S. Biscayne Blvd.
Miami, Florida 33131
Corporate Structure
CANTER Parking Solutions is a subsidiary of:
CANTER Parking Holdings
Name of Business
CANTER Pazkiag Sohrttions of Florida
Corporate Office Location
2600 Harris Tower
233 Peachtree Street, M;s
Atlanta, Georgia 30308
Corporate Information
CANTER Parking Solutions is incorporated in the State of Georgia
CANTER Pazk3ng Solutions has been incorporated since 1989
H-E3. Number of Employees on a Pelt-Time and P$rt TSime Basis
Total Full-time: 658
Total Part-time: 1023
H-E4. Number of Personnel on File for Each Type of Work.
Total current active employees: 1681 (Florida total -222)
Job class 1-Executive: 16 (Florida- I)
Job class 2 -Senior Management: 33 (Florida -1)
Job class 3 -Management: 132 (Florida - 9)
Job class 4 -Administrative: SO (Florida - 0)
Job class 5 -Hourly operating employees: 1450 (Florida - 211)
H-E5. Hourly Billing for Cashier and Supervisor
Please see attached Price Proposal Form, Attachment I.
H-F. Acknowledgment of Addenda
Please refer to Attachment I N for addenda verification.
H-G. Additional Documentation
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12FP # 41-08/09
LAMER PARKING S®LIJTI®NS
Please refer to the Table of Contents for list of additional documentation included in the proposal as an
attachement.
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Attachment 4
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OFFICE OF THE CITY ATTORNEY C ~ f ';' ' , ...... ..: = ,~ , . ~/ss~ 2~
JOSE SMITH. CITY ATTORNEY °'f -------.. __, __. __ .._._._ .....~,A.~. NO. 09-03 ~'S'
T0: Mayor Matti Herrera Bower and Member f the City Commission
FROM: Jose Smith, City Attorne •' .
DATE: April 16, 2009
SUBJECT: Legal Opinion Regarding Termination for Convenience of Agreement between
City of Miami Beach, Florida (City) and Imperial Parking, Inc. (impark)
During a discussion of the Impark Contract at the March 18, 2009 City Commission Meeting,
questions were raised regarding the legal implications of a termination for convenience of said
contract prior to expiration of the initial term.
1. TERMINATION FOR CONVENIENCE
(a) The Contract
The initial term of the Impark Contract is for a period of three (3} years, commencing on
A~ust 11,2008, apd endin~_on A~ust.,10, 2011. The contract also_p_rovides for~two (2)
adilCfi~nal ori~ year renewal `terms, at the City's sole option `and ~~iscrti~on. ~~
Section 4.7.2 of the contract, which is titled "Termination for Convenience of the City",
provides in relevant part:
NOTWITHSTANDING THE LANGUANGE IN SUBSECTION 4.7.1, THE
CITY MAY FOR ITS CONVENIENCE AND WITHOUT CAUSE
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED
AT ANY TIME BY GIVING THIRTY (30) DAYS WRITTEN NOTICE TO
CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME
EFFECTIVE AS OF THE DATE SPECIFIED IN THE NOTICE TO
CONTRACTOR.
(b) Legal Analysis
A "termination for convenience" clause is valid and enforceable. Rollins Services v.
Metropolitan Dade County, 281 So. 2d 520 (Fla. 3rd D.C.A. 1973), (upheld the County's right to
unilaterally terminate a contract for janitorial services at the airport); Avatar Development
Corporation v. De Pani Construction, Inc., 834 So. 2d 873 (Fla. 4'~ D.C.A. 2003). Any legitimate
business reason can justify a termination for convenience. See 5 Brunner & O'Connor
Construction Law §18.47 (2008).
1135
C.A.O. No. 09-03
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While the case law clearly provides that the City has considerable latitude in deciding to m
terminate a contract for convenience, it may not do so in bad faith or in an arbitrary or capricious =
manner. Id. See Rollins supra. The law implies a duty of "good faith and fair dealing". A ~
wrongful termination is considered a breach of contract, allowing recovery of common law LU;
damages, including lost profits.
I agree with Impark's counsel that if "this is being done in order to give a disappointed bidder
a second bite at the apple", the city would be breaching the contract and exposing itself to
significant damages.
Based on the testimony presented at the March,18 2009 City Commission Meeting, and
considering the high degree of deference given government decisions in this arena, I believe
that the termination of Impark's contract for convenience would likely be upheld in court. See 5
Bruner & O'Connor on Construction Law §18.47 (°Contractors have rarely succeeded in
demonstrating the government's bad faith").
(c) Damages for Termination
Before deciding whether to terminate the Impark Contract for convenience, the
Commission should consider the damages that the City may potentially be required to pay. The
measure of damages recoverable in this situation is often referred to as °reliance damages" or
_ ..
._ . .
"recoupment damages". The philosophy underlying such recovery was well `explained in the old
but often cited case .of Mever v. Pulitzer, 1.36 S.W. 5 (Mp. App. 1911):
}Thhpou+(grrh tryh~e~+}~prinQci~+pa^l mhaCy raegvpokne an fagencgytys~o griven fjor an ind{efinii}t~e'`ti~m'^e~,
... .........._....<-•X,~!!.::~!RIL~k~. XJIK:~2~~!?GY :.S~t'3t.Y..:~rx~..,;~^"...~:!.Q~~~~L~~7}:!`53 apl~r~t ~;',~+CJ,1t~4Q~.;t'I}1~:.~!'IAMJ,I:. _.
there inheres a right to some compensation against the principal on the
precepts of natural justice alone, notwithstanding the abstract right of
revocation which the law generously concedes. In this view, even where an
indefinite agency has been revoked, if it appears the agent, induced by his
appointment, has in good faith incurred expense, devoted time, and
bestowed labor in the matter of the agency without having a sufficient
opportunity to recoup such outlays from the undertaking. the principal will be
reauired to compensate him in that behalf, for the law will not permit one to
thus deprive another of value without awarding iust compensation. But the
just principle acted upon by the courts in the circumstances suggested
requires no more than in every instance the agent shall be afforded a
reasonable opportunity to avail himself of the preliminary expenditure and
efforts put forward to the end of executing the authority conferred, and, if it is
denied him, that the principal should make compensation accordingly.
In Sanchez v. Crandon Wholesale Drug Co., 194 So. 2d 646 (Fla. 3`~ D.C.A. 1967),
Florida's 3 District Court of Appeal relied on Mever in awarding a drug wholesaler his
expenses preparing orders for shipment of drugs incurred up to the time the agreement was
cancelled.
1136
' C.A.O. No. 09-03
Page 3
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Numerous other cases have authorized "recoupment damages" under similar
circumstances. Sofa Gallery, Inc. v. Stratford Comoanv, 872 F. 2d 259 (8"' Cir 1989) Allied F-
Eguioment Comoanv v Weber Enaineered Products Inc., 237 F. 2d 879 (4"' Cir. 1956); 5 m
Bruner & O'Connor Construction Law §18:45 (2008). These expenses can include advertising
and promotional costs, rent on leases, unamortized equipment purchased, training, uniforms, X
and other items spent in good faith reliance upon the agreement prior to termination. W
Impark counsel's letter, dated April 8, 2009, and attached as Exhibit "A" hereto, provides a
comprehensive itemization of "unamortized start up costs", totaling approximately $320,806.00.
Much of it includes attorneys fees, and lobbying expenses, which are not recoverable. In my
opinion, most of the alleged charges (which need to be audited) seem excessive or are non-
recoverable, as a matter of Iaw..See Sofa Gailerv supra (recoupment damages limited to
unamortized capital expenditures that would have produced future profits had the distributorship
continued in existence ); Di Gennaro v. Rubbermaid. Inc. 214 F. Supp. 2d 1354 (S. Dist. Fla.
2002) (recoupment confined to the recovery of preliminary expenses in setting up the business.)
Oddly, they exceed by four (4) times the amount stated in Impark's letter to the Commission,
dated February 27, 2009:
"Impark investment thus far in order to execute our
proposed vision for the City of Miami Beach parking
operations.
Over $80,000.00 in equipment and start up costs."
.-
In my opinion, if Impark's Contract is terminated for convenience, the City's legal exposure
does not exceed $80,000.00.
2. GiTY CHARTER.LSSUES
The Impark Contract was obtained pursuant to City's Request For Proposals No. 11-
07108 to solicit proposals for Parking attendants, Cashiers and Supervisors for the City of Miami
Beach Parking System (the "RFP").
Issues concerning the City Charter were discussed during the March 18, 2009 City
Commission meeting. I will address those after a brief discussion of the relevant facts. Section
Il, B of the RFP mandates that:
(2.K) "All cashiers, attendants, and supervisors must
be trained in CPR and emergency procedures."
This requirement was re-stated in Addendum No. 1 to the RFP dated February 1, 2008,
which responded to questions raised by prospective proposers:
Q. #6 What kind or type of training must they have?
A. the following skills are required:
• Cashiering/Money Handling/Basic Arithmetic
• Gated Revenue Gontrol Systems
• CPR (Cardin Pulmonary Resuscitation)
a TrafFi~c-Gontrol.... ---_ . .. _ .._ ..... _.._
1137
C.A.O. No. 09-03
Page 4
There was testimony that during contract negotiations, a City official agreed to eliminate
the CPR requirement in the RFP. Thereafter, when the contract was approved by the City
Commission, with the requirement still in place, the official wrote a letter to Impark waiving the
CPR requirement. There is no question that in granting a waiver, the City official exceeded his
authority and that the action was inappropriate.
Notwithstanding the above, there was also compelling testimony that as an experienced
vendor, Impark knew that the waiver was invalid and therefore should not have asked for it.
Thus, it was argued that, as a deterrent to others, the appropriate sanction should be to
terminate the contract.
Those arguing against termination stated that Impark had the right to rely on the waiver
and that the CPR requirement was immaterial and not enforced with the prior vendor. When
informed that the waiver was granted improperly, Impark promptly complied without additional
expense to the City.
Section 2.03 of the City Charter establishes the power of the Commission:
All powers of the •City shall be vested in the City Commission
except those powers specifically given to the Mayor, the City
Manager, and to the City Attorney, as provided in this Charter and
except those powers_specificaily reserved, in this Charter_to the
electors of the City. Moreover, the City Commission shall have all
powers and privileges not inconsistent .herewith, granted to .the
City Commission of cities and towns by the general taws of the
State of Florida, and shall have power to do and perform ail things
.:F'.N~4!}MW10.G.6'.~E:.I.tirtL_L.6111V:~~.MePYM1e1:1i:VFW 4b~~YH:::i~NilV:~~Y:/.4Pf.::I:~RiM~~.~1~~41.fM:1iNMlV:iWa.~a~.nL~WU.-FUwr~ . . .. ... ......... ...... .... _... _.. .. ....
Constitution and laws of the United States and the terms and
provisions of this Charter.
It is well established that the City Commission is vested with the power to award
contracts with City vendors and that City staff has no authority to alter or amend such contracts.
The relevant powers of the City Manager are set forth in Section 4.02 of the City Code;
(d) To appoint and remove at will, all other officers or
employees in the unclassified service of the City, except the
Mayor and city Commissioners, and those individuals appointed
by the Commission, the employees in the Mayor's Office who are
in the unclassified service for whom the Mayor shall be the
appointing authority, and the unclassified personnel in the Legal
Department who shall be appointed and removed by the City
Attomey.
(h) To have general and special supervision and control,
subject to the control by the City Commission, of the several
departments now exi`sting, except-foP the Legal -Deparfinent; ~ or
1138
C.A.D. No. 09-03
Page 5
hereafter to be created, and the City Manager shall be purchasing
agent of the City, with authority to delegate such duty.
(i) To negotiate all contracts and agreements in which the
City is a oartv subiect to the aoproval of the City Commission.
(j) The City Manager shall account to the City Commission for
the conduct and acts of several departments now existing, or
hereafter to be created, and he/she shall have supervision and
control of the heads of the said departments, and such heads as
appointed by the City Manager shall be accountable to the City
Manager for the conduct and acts of their departments except for
the Legal Department.
While unauthorized actions of city staff (i.e. the waiver of a contract requirement) are
subject to discipline and sanctions, as determined by the City Manager, they do not constitute a
g_er se violation of the City Charter requiring that the contract be voided. Section 4.02 of the
Charter governs the duties and responsibilities of the City Manager, not other City personnel.
There is no suggestion that the City Manager himself did anything wrong.
As stated above, the City may property terminate the Impark Contract for convenience,
pursuant to 4.7.2 thereof, but not because Impark's actions, though arguably inappropriate,
violated theCharter.
cc: Jorge Gonzalez, City Manager
JS/mem
F:IattoISMIJ1Clty Attorney Opinions 20091City Attomey opinion regarding impark.doc
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1139
WEISS SEZ3OTA HEI,FMAN
PASTOFiIZA COLE & $ONISKE, P.I..
ATTORNEYS AT LAW
MITCHELL BIERMAN, P.A.
NINA L. BONISKE, P.A.
MITCHELL J. BURMSTEiN, RA.
JAMIE ALAN COLE, P.A.
STEPHEN J. HELFMAN, P.A.
GILBERTO PASTORITA, P.A.
MICHAEL 5. POPOIC, P.A.
JOSEPH H. SEROTA, P.A.
SUSAN L. TREVARTHEN, P.A.
RICHARD JAY WEISb, P.A.
DAVID M. WOLPIN, P.A.
DANIEL L. ABBOTT
GARY L. BROWN
LYNN M. DANNHEISSER
IGNACIO G. DEL VALLE
ALAN L. GABRIEL
DOUGLAS R. GONZALES
MATTHEW H. MANDEL
BRETT J. SCHNEIDER
LORI ADELSON~
LILLIAN M. ARANGO•
JEFF P.H. CAZEAU
ARYE P. CORBETT
RAOUEL ELEJABARRIETA
CHAD 8. FRIEDMAN
A PROFESSIONAL LIMITED LIABILITY COMPANY
INCLUDING PROFESSIONAL ASSOCIATIONS
MIAMI-DARE OFFICE
2525 PONCE DE LEON BOULEVARD
SUITE 700
CORAL GABLES, FLORIDA 33134
TELEPHONE 305-8540800
FAC6IMILE 305-854-2323
W W W. WSH-LAW. COM
BROWARD OPPICE
200 EAST BROWARD BOULEVARD • SUITE 1900
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE 954 7 63-424 2 • FACSIMILE 954764.7770
•OF COUNSEL
April 8, 2009
VIA E-MAIL & U:S. MAIL
Jose Smith, Esquire
City Attorney
City of Miami Beach
] 700 Convention Center Drive - 4t~' Floor
Miami.B.each, FI,.33..1.3.9
MACADAM J. GLINN
R. BRIAN JOHNSON
JOHN J. KENDRICK III
HARLENE SILVERN KENNEDY
KAREN LIEBERMAN•
JOHANNA M.LUNbGREN
KATHRYN M• MEHAFFEY
HARRIb S. NIZEL
ALEXANDER L. PALENZUELA-MAURI•
MATTHEW PEARL
JOHN J. OUICK
ANTHONY L. RECTO
SCOTT A. ROBIN
AMY J. SANTIAGO
DANIEL A. SEIOEL
GAIL p. SERDTA#
JONATHAN C. SHAMRE6
ESTRELLITA S. 8181LA
ANTHONY C. SOROKA
EDUARDO M. SOTO
MICHAEL L. STINES
NANCY BTUPARICH•
GLORIA M. VELAZOUEZ-MEITIN
CHRISTOPHER J. YOLK
MICHELLE D. VOS
MARLON J. WEISS
LAURA K. WENDELL•
JAMES E. 1yHiTE
1 • 2w .••.
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Re: City of Miami Beach ("City") Contract with Impark for Parking
Cashiers and Supervisors ("Contract")
t~: ~ ~;
T ~ W.
~ ~
~-
Tear has"e; ..
Thank you for meeting with me to discuss my client, Impark's Contract, with the City.
You asked me to provide the instant letter outlining Imparlc's position regarding the actions
discussed at the last City commission meeting. As we discussed, Imparlc opposes any action by
the City Commission that would effectively terminate the Contract and such action 'is completely
unwarranted by current circumstances.
From our discussion 1 believe we agree that the City reserved ~ to itself the right (under
section 4.7.1 of the Contract) to terminate for convenience. I also believe we are in agreement
that to the extent such a provision may be legally invoked in this instance, the City would be
obligated to reimburse Impark its unamortized start up costs acid pay for any portion of the
Contract that Imparlc performed up to the effective date of the termination. We agree that the
City would not be liable for prospective contract damages or lost profits under those
circumstances.
For your convenience, we have provided the attached summary of those casts. We
project the amoulrt is in the neighborhood of $320,000.00. You asked me why the amount is
highea• than the previously quoted $85,000 figure. The lower figure includes only hard capital
1140
Jose Smith, Esquire
April 8, 2009
Page 2
costs for the equipment, namely 2 vehicles, uniforms and the "Parlcei• Pete" vehicle. It does not
include the personnel and professional costs associated with the start up or incurred as a direct
xesult of the City's contemplated action, nox sevelal other items of equipment and materials.
Florida and Federal law support the right of a vendor to receive such compensation in the event
the government terminates a contract solely for its own' convenience. Sanchez r. Crandon
Wholesale Drug Co. and see Jucobs i;ngineering v. US, 434 F.3d. ] 378, 1381 (Fed. Cir. 2006)
("A contractor is not supposed to suffer as the result of a termination for convenience of the
Government, noi• to underwrite the Government's decision to terminate.")
Nevertheless, please do not conclude from the fact that we are providing the instant
information that we believe that the Contract may be terminated for convenience under these
circumstances. Section 4.7.1 is overbroad and in direct conflict with other clear provisions of the
contract. It also lacks consideration and mutuality of obligation and may thus be deemed to be
unenforceable. See Lauren v. Marc 8 Melfa, 446 So.2d 1138 (Fla. App. 3`d DCA, l 984).
In any case, all contracts are subject to an impJ.ied.duty.of.good faith and fair dealing,
See Generdlly Bruner and O'Connor on Construction Law, ~§ 18:47. Sepe v. Cit3~ of Safety
Harbor, 76] So...2d 11.82, (Fla. App. 2"d DCA, 2000). Sole discretion does not permit a party to
make a discretionary decision that violates the covenant of good faith. Mesler v. Holly, 318
So.2d 530 (Fla. 2d DCA 1975) (grant of "absolute discretion" to trustee does not relieve_..Y
_of~ui~<o„f'~gaaad=;~aithr)-~ue,~~re; ~+,hi'le`It~ot~:r'g~~~ierif ageix~ies ~erijoy'broad discre okn~in .
decisions relating to procurement, such discretion must be exercised within the legal confuses of
the agency's own rules and may not be exercised arbitrarily and capriciously. City of Sweetwater
v. Solo Construction Corp., 823 So. 2d 798, 802 (3d DCA 2002). Florida's competitive bid
statutes are enacted for the protection of the public, and "under this system, the public authority
may not arbitrarily or capriciously discriminate between bidders, or make the bid based upon
personal preference." Marriott Corporation vs. Metropolitan Dade County, 383 So.2d 662 (Fla.
3d DCA 1980) ~
If it were judicially determined, as stated by at least two commissioners at the last
meeting, that the termination is being done in order to give a disappointed bidder. a "second bite
at the apple," then we believe the City could be liable for full contract damages uicluding any
lost revenue and possible consequential damages incurred by hnpazk as a result of the City's i
actions. Any contrary authority that does not involve a contract between a vendor and a
government agency is likely inapplicable to the instant situation where government agencies
have obligations that may not be incumbent upon private entities.
We understand that at I
east one City commissioner has requested an opinion as to
whether the City charter was violated as a result of the negotiation of the CPR training i
• 1
WEISS SEf?OTA HELFMAN ~
PASTO24IZA COLE 8c BONISKE, P.I..
1141
Jose Smith, Esquire m
April 8, 2009
Page 3
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requirement. We believe most emphatically that it was noi, and it certainly was not violated by
Impark.
The City Commission approved the evaluation committee recommendation to contract
with Impark and authorized staff to negotiate the contract. Staff did so and determined that it
could live without the CPR training as it apparently did through the entire length of the
pl~decessor contract with Standard Panting. That requirement, which was included in the
Standard contract but never enforced, was negotiated out of the Impark contract during
negotiations and.Imparlc agreed to lower its price by approximately $ 18,000,00 in consideration
of the change.
City staffed showed Impark the proposed contract prior to forwarding it to the City
Commission for approval. After review by its counsel, Impark noted to staff that there was no
specific waiver of CAR training in the Contract, and staff indicated the mattel• would be
addressed subsequently. However, the Contract was approved by the Commission without a
specific waiver of CPR training. In order to insure that Impark vuas in full .csanplianee.uvath..the
Contract -as -of 'the -start date; Tmparlt~-requested and v/as provided written confirmation that
Impark was not required to perform CPR training_as was agreed-during Contract negotiations.
Subsequently, the City Attorney informed staff that it did noi have the authority to weave
or _~xcusE _ _ ~~. _ .. _ .. ... . .
_.,.. -~.,:lx~,i.i=Y, x~itt-or~i..~s..:~omn.tma~Prove~-•i+~tt~rnerit:., :'`~`~"rty.~"s'i~Iien
advised Ilnparlc that the City would reinstate CPR training under the Contract, and Impark
complied, as expeditiously as possible, but did not reinstate the charge of $18,000.00 for
providing CPR training to its employees over the term of the Contract.
Accordingly, the City, received the service as stated in the Contract, but did not have to
pay for it. These facts do not collstitute a charter violation, because, to the extent there was an
error, it was avoided and the City received the services required under the Contract as approved
by the Commission. Impark has paid a price fox the mix up in having to absorb the cost of CPR
without compensation from the City. To now terminate Impark's contract would be grossly
disproportionate and unfair where Impark negotiated in good faith and actually raised the issue
of the authority to waive the CPR requirement.
In conclusion, Impailc considers this to be a partnership and wishes to continue. While
every service contract has occasional issues, the transition bugs have now been ironed out of this
one, and as the City Manager stated during the meeting, it is too early in this contract to consider ~
terminating at this time. Iii fact, to our knowledge, the City has never taken this type of action
before. The message that it would send to the business community would be very negative and
would likely result in the City having fewer options in the future as fewer quality vendoirs choose ~
1
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WEISS SE14OTA I3ELFMAN
PASTOF~IZA COLE & BONISKE, P.L.
1142 '
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,lose Smith, Esquize ~ m
April S, 2009
Page 4
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to take the risk that thew contracts might be cancelled prematurely despite meeting contractual
requirements.
We look forward io continuing ouz• partnez•ship and putting this episode behind us. Please
feel f7•ee to call me if you have questions about this or any other matter.
Y/ow/• good friend,
G/ C~ f7
Mitch ierman
IviAB/ms
1756.001
Enclosures
cc: Chestez• Escobar
Brian May
Robert Par~her, City Cleric
.;
I
~'VEISS SE140'TA HEI.FMAN '
P.AST014IZA COLE 8c BONISKE, P.I.,
1143 '
e•
Start up Cost
Item Descr/ption
Vehicles Twa (2) Honda Odysseys Minivans
Uniforms All new Uniforms for all Personnel.
Two Copiers for the MB Operations. This cost
Copiers/Printers includes termination charges for a three year
lease for the equipment.
CPR CPR training Cost
Cost Date acquired
$48,000 8/11/2008
$17,171 8/11 /2006
$15,277 6/1112008
$5,090 2/21/2009
CPR CPR non-billable hours to the City $4,553 2/21/2009
Transitional Team
Expenses for the Travel, Accommodations, and time spent by all
August 11th take local and Visiting staff (Except Mike McKeon and $30,000 8/11/2008
over day Chester Escobar) during 8/11/08 transition.
Parker-Pete Parker_Pete.~start_up:cost.Signs,-Cell phone
contracts, Van Branding; Battery Chargers.
$22,188 8/11/2008
Proposal Supplies, binders, sample uniforms, and shipping
Production costs $1,875 8/11/2008
Legal Review of all Legal Hours spent from our internal Legal
RFP Department $4,500 8/11/2008
Consultants/PR Consultant Fees to provide Public Relations
Fees during the Bidding process $22,500 8/11/2008
Laptops for Two Brand New Dell Laptops for the Senior
Supervisors Project Manager and HR Coordinator $4,571 8/11/2008
Take over day we provided Water, newspaper, .
Take over day Candy, and Parker Pete flyer to all patrons. Each
services facility had a decorated table at each elevator $3,672 8/11/2008
lobby
New 5ignage for
Boat Show Four signs for Boat Show $997 8/11/2009
1144
Cost includes all personnel from Impark involved
Payroll Costs in the contract bidding, negotiation and
preparation, presentations, and recent coucil
discussions regarding turret contract
Travel and Mike McKeon during proposal, preparation, and
Accomodations negotiations. Also includes Impark team during
presentations to the City.
Small safes at all locations and a heavy duty safe
Safes at the 17th street garage. Also includes
transportation and re-keying of all safes.
Travel and Chris Johnson =Time, Travel and
Accomodations Accommodations for recent contract discussions.
Legal Legal Representation during Contract
Representation Termination Discussions by the City Commission
PR Fees Additional Public Relations Firm' hired during
Contract termination Discussions.
Total:
$100,762 on-going
$15,000 Several dates
throughout 2008
$6,150 8/11/2009 &
4/03/09
$2,000 on-going
$9,000 on-going
$7,500 on-going
320 806
1145