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RESOLUTION 91-20268 RESOLUTION NO. 91-20268 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MANAGEMENT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND BEACH PARKING SYSTEMS, INC. FOR OPERATION AND MANAGEMENT OF MUNICIPAL PARKING GARAGE 17A LOCATED AT 13TH STREET AND COLLINS AVENUE. WHEREAS, the CITY currently owns, operates and manages the Municipal Parking Garage 17-A at 13th Street and Collins Avenue (hereinafter referred to as the "FACILITY") , and; WHEREAS, the CITY has determined that the best interests of the FACILITY and the citizens of Miami Beach require that the management of the FACILITY be conducted by a private management entity, the principals of which have the experience and capability of providing quality management and operational services at the FACILITY, and; WHEREAS, the CITY has set the following specific goals to be pursued by a private management entity; the efficient operation of the FACILITY, while minimizing the net cost to the CITY; the safeguarding of the CITY'S capital investment through the exercise of the highest standards of maintenance and preservation; to provide secured parking to patrons of the FACILITY in an area comprised of both residential and commercial, and; WHEREAS, the CITY through RFP No. 110-89/94 solicited proposals from private management entities to accomplish the above, and; WHEREAS, through a selection process, SOBE Parking, Inc. and VIP' s Parking Systems, Inc. , was the successful proposer, and SOBE Parking, Inc. , and VIP' s Parking Systems, Inc. , have assigned all their rights to Beach Parking System, Inc. , and; 1 • WHEREAS, the CITY desires to enter into a Management Agreement with Beach Parking Systems, Inc. to manage the FACILITY, including its operations, building maintenance and landscape maintenance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach City Commission approves the attached Management Services Agreement between the City of Miami Beach and Beach Parking Systems, Inc. and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City of Miami Beach. PASSED and ADOPTED this 20th day of March , 1991. /// MAYOR ATTEST: ce : FORM APPROVED CITY CLERK LEGAL DEPT. PNB: l m 6 ---- Y Date 3 / / 2 • ecIel eid Neetmi 6 e ad Mr-4.14FLORIDA 3 3 1 3 9 ,4-,, ,..s.) 0 ;IMCORP,(ORATED! "VA CA TI UNL,4L] V• S. A. OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. / VI 1. ..7-- March 20, 19 91 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: MANAGEMENT SERVICES AGREEMENT WITH BEACH PARKING SYSTEMS, INC. , FOR THE MANAGEMENT AND OPERATION OF CITY OF MIAMI BEACH MUNICIPAL PARKING GARAGE 17-A, LOCATED AT 13TH STREET AND COLLINS AVENUE Background: The City Administration issued RFP No. 110-89/94 on August 9, 1990, for the management and operation of the City of Miami Beach Municipal Parking Garage 17-A, located at 13th Street and Collins Avenue. The City of Miami Beach received two proposals on August 28, 1990, from: Key Parking Services, Inc. Sobe/VIP's Parking Systems, Inc. On December 5, 1990, the City Commission rank ordered Sobe/VIP' s Parking Systems, Inc. , number one; and Key Parking Services, Inc. , as number two. The City Administration was authorized to negotiate a contract with the firms in rank order; with the resulting proposed contract to be submitted for the City Commissions' s consideration and approval. The successful proposer, Sobe/VIP's Parking Systems, Inc. , has assigned all their rights to Beach Parking Systems, Inc. The City Administration was notified on January 10, 1991, that the successful proposer was transferring all the rights from RFP No. 110-89/94 to Beach Parking System, Inc. Current Status: The City Administration and Beach Parking Systems, Inc. , have negotiated a three- year agreement for management services, systems and materials needed to operate, supervise, manage and maintain the parking facility located at 13th Street and Collins Avenue. During the first year of this Management Agreement it may be terminated for convenience by either party. The City shall have the right to extend this agreement for two successive additional one-year periods following the initial three-year term. The City shall pay Beach Parking Systems, Inc. , for the term of this agreement, a base management fee not to exceed $178,000 per year, payable in an amount not to exceed $14,833 per month. As an incentive fee, Beach Parking Systems, Inc. , shall be paid 10% of the amount of gross revenues generated in access of $190,000 for any contract year. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the Mayor. and City Clerk be authorized to execute the proposed Management Services Agreement with Beach Parking Systems, Inc. , for the management and operation of the Municipal Parking Garage 17-A, located at 13th Street and Collins Avenue. CBT:WHH:blb Attachment 02 AGENDA R • ITEM in, •o DATE 44. MUNICIPAL PARKING GARAGE 17-A AT 13TH STREET AND COLLINS AVENUE MANAGEMENT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BEACH PARKING SYSTEMS, INC. TABLE OF CONTENTS PAGE NO. RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . 1 AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 3 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . 3 A. Engagement . . . . . . . . . . . . . . . . . 3 B. The Facility . . . . . . . . . . . . . . . . 3 C. Scope of Services . . . . . . . . . . . . . 3 D. Repairs . . . . . . . . . . . . . . . . . . 11 E. Office Space . . . . . . . . . . . . . . . . 13 F. Access to Facility . . . . . . . . . . . . . 13 G. Use by the City . . . . . . . . . . . . . . 13 H. Capital Improvements. . . . . . . . . . . . . 13 I I. EMPLOYEES . . . . . . . . . . . . . . . . . . . . 14 III. CONSIDERATION . . . . . . . . . . . . . . . . . . 14 A. Management Fee . . . . . . . . . . . . . . . 14 B. Revenues . . . . . . . . . . . . . . . . . . 16 C. Operating Expenses . . . . . . . . . . . . . 16 IV. OWNERSHIP AND CITY RESPONSIBILITIES . . . . . . . 17 A. City Ownership . . . . . . . . . . . . . . . 17 B. City Responsibilities . . . . . . . . . . . 17 V. CONTRACT MONITORING . . . . . . . . . . . . . . . 19 A. Contract Administrator . . . . . . . . . . . 19 B. Duties of City Contractor Administrator . . 19 C. Quality of Service . . . . . . . . . . . . . 20 D. Contract Interpretation . . . . . . . . . . 20 E. General Manager . . . . . . . . . . . . . . 21 1 VI. TERM OF AGREEMENT . . . . . . . . . . . . . . . . 21 A. Initial Term . . . . . . . . . . . . . . . . 21 B. Extension Option . . . . . . . . . . . . . . 22 C. Contract Years . . . . . . . . . . . . . . . 22 D. Fiscal Year . . . . . . . . . . . . . . . . 22 E. Proration . . . . . . . . . . . . . . . . . 22 F. Termination for Cause . . . . . . . . . . . 22 G. Correction . . . . . . . . . . . . . . . . . 23 H. Termination for Convenience . . . . . . . . .24 I. Procedure upon Termination . . . . . . . . . 24 VII. INSURANCE AND LIABILITY . . . . . . . . . . . . . 25 A. BPS Requirements . . . . . . . . . . . . . . 25 B. Performance Bond . . . . . . . . . . . . . . 25 C. BPS Indemnification . . . . . . . . . . . . 25 D. . Sidewalks . . . . . . . . . . . . . . . . . 26 VIII.RECORDS . . . . . . . . . . . . . . . . . . . . . 27 A. Records and Auditing . . . . . . . . . . . . 27 B. Reporting . . . . . . . . . . . . . . . . . 27 C. Audit . . . . . . . . . . . . . . . . . . . 27 IX. CONFLICTS OF INTEREST . . . . . . . . . . . . . . 2 7 X. NOTICES . . . . . . . . . . . . . . . . . . . . . 2 9 XI. LAWS . . . . . . . . . . . . . . . . . . . . . . 30 A. Compliance . . . . . . . . . . . . . . . . . 30 B. Governing Law . . . . . . . . . . . . . . . 30 C. Equal Employment Opportunity . . . . . . . . 31 XII. CITY'S RIGHT TO CONVERT GROUND FLOOR PARKING SPACES TO RETAIL . . . . . . . . . . . . . 31 XIII ARBITRATION . . . . . . . . . . . . . . . . . . . 3 2 XIV LIMITATION ON CITY'S LIABILITY FOR BREACH OF CONTRACT . . . . . . . . . . . . . . 33 XV FORCE MAJEURE . . . . . . . . . . . . . . . . . . 3 3 XII. MISCELLANEOUS . . . . . . . . . . . . . . . . . . 34 A. Assignability . . . . . . . . . . . . . . . 34 B. Relationship . . . . . . . . . . . . . . . . 34 ii C. Modifications . . . . . . . . . . . . . . . 34 D. Agreements . . . . . . . . . . . . . . . . . 35 E. Headings . . . . . . . . . . . . . . . . . . 35 F. Binding Effect . . . . . . . . . . . . . . . 35 G. Designations . . . . . . . . . . . . . . . . 35 H. Clauses . . . . . . . . . . . . . . . . . . . 3 5 I. Severability . . . . . . . . . . . . . . . . 36 J. Right of Entry . . . . . . . . . . . . . . . 36 K. Waiver . . . . . . . . . . . . . . . . . . . 37 EXHIBITS EXHIBIT A. Contract Boundary EXHIBIT B. Minimum Operating and Maintenance Standards EXHIBIT C. Minimum Insurance Requirements EXHIBIT D. Parking Rates EXHIBIT E. Proposed Budget iii MUNICIPAL PARKING GARAGE 17-A AT 13TH STREET AND COLLINS AVENUE MANAGEMENT SERVICES AGREEMENT This Agreement entered into as of the 20th day of March , 1991, by and between THE CITY OF MIAMI BEACH, County of Dade, a municipal corporation, organized and existing under the laws of the State of Florida, and having its principal office at City Hall, 1700 Convention Center Drive, Miami Beach, Florida, 33139 , (hereinafter called the "CITY") , and BEACH PARKING SYSTEMS, INC. , a Florida Corporation, with principal offices located at 2436 S.W. 109th Avenue, Miami, Florida, 33165, (hereinafter referred to as "BPS") . RECITALS WHEREAS, the CITY currently owns, operates and manages the Municipal Parking Garage 17-A at 13th Street and Collins Avenue (hereinafter referred to as the "FACILITY") , and; WHEREAS, the CITY has determined that the best interests of the FACILITY and the citizens of Miami Beach require that the management of the FACILITY be conducted by a private management entity, the principals of which have the experience and capability of providing quality management and operational services at the FACILITY, and; 1 WHEREAS, the CITY has set the following specific goals to be pursued by a private management entity; the efficient operation of the FACILITY, while minimizing the net cost to the CITY; the safeguarding of the CITY'S capital investment through the exercise of the highest standards of maintenance and preservation; to provide secured parking to patrons of the FACILITY in an area comprised of both residential and commercial, and; WHEREAS, the CITY through RFP No. 110-89/94 solicited proposals from private management entities to accomplish the above, and; WHEREAS, through a selection process, SOBE Parking, Inc. and VIP's Parking Systems, Inc. , was the successful proposer, and SOBE Parking, Inc. , and VIP' s Parking Systems, Inc. , have assigned all their rights to Beach Parking System, Inc. , and; WHEREAS, the CITY desires to enter into a Management Agreement with BPS to manage the FACILITY, including its operations, building maintenance and landscape maintenance. 2 AGREEMENT NOW, THEREFORE, the CITY and BPS hereby agree as follows: I. SCOPE OF WORK A. Engagement. The CITY hereby engages BPS to act as its managing agent to promote, operate, manage and maintain the FACILITY, pursuant to all applicable laws and ordinances, and BPS hereby undertakes and agrees to perform all such management services and comply with all the provisions of this Agreement. B. The Facility. BPS services under this Agreement shall relate to the promotion, management, operation and maintenance of activities within the Municipal Parking Garage 17-A at 13th Street and Collins Avenue, including the grounds and sidewalks surrounding the Garage (hereinafter referred to as the "FACILITY") . The CITY will remain the sole owner of the FACILITY. A diagram of the FACILITY is attached hereto as Exhibit A. C. Scope of Services. BPS hereby agrees to perform and furnish management services, systems and materials needed to operate, supervise, manage and maintain the FACILITY in the most efficient manner consistent with operations of other similar first class parking facilities, and the 3 CITY agrees to pay the management fee set forth herein. It is the intent of the parties that BPS will have authority over the day-to-day operation of the FACILITY and all activities therein, but subject to policies and guidelines reasonably established by, or which from time to time hereafter may be established by the CITY. In the performance of its duties under this Agreement for management, maintenance and operation of the FACILITY, BPS shall provide the CITY with services which shall include the following: a) Supervise and direct all its employees and personnel consistent with the provisions of this Agreement. b) Maintain and supervise detailed, accurate and complete financial and other records of all of its activities under this Agreement in accordance with generally accepted accounting principles. c) Submit a written report to the CITY'S Contract Administrator at least monthly, or as otherwise voluntarily agreed on between the parties hereto, no later than the close of the following month concerning its activities in the operation, 4 management and maintenance of the FACILITY. Such report shall, among other things, set forth receipts from all sources, expenditures and such other and further information as the CITY may require or request. d) BPS agrees to maintain the FACILITY in the condition received, reasonable wear and tear excepted. However, at no time shall the maintenance of the FACILITY fall below the minimum standards required by Exhibit B. e) Rent, lease or purchase all non-capital, ordinary maintenance supplies and equipment for the operation and maintenance of the FACILITY. f) Negotiate and enter into service contracts required in the ordinary course of business in operating the FACILITY, including, without limitation, contracts for staffing personnel, including guards and cashiers, extermination, maintenance and other services which are reasonably necessary. BPS is specifically prohibited from entering into towing contracts without the approval of the CITY'S Contract Administrator and such contracts are subject to the provisions of this Agreement. No 5 service contract shall have a term of longer than the then initial term (3 years) of this Agreement without the prior approval of the CITY'S Contract Administrator or CITY Commission, as determined by the CITY'S Contract Administrator; and in any event all such service contracts shall contain a sixty (60) day termination clause, and BPS hereby assigns to CITY the right to terminate all such contracts upon termination of this Agreement. Any contract entered into between BPS and a subsidiary and/or affiliate company including but not limited to SOBE Parking, Inc. , VIP's Parking Systems, Inc. and Washington Harrison Properties, Inc. shall be at terms and for prices customarily charged by such subsidiary and/or affiliated company for comparable goods and services elsewhere and are competitive within the industry, subject to approval of the CITY 'S Contract Administrator, (such approval not to be unreasonably withheld) and submittal of documentation evidencing the competitive nature of the goods submitted. g) Recommend prices, rates and rate schedules for parking. The current schedule is set forth in Exhibit "D" . In recommending such prices and rate schedules, BPS shall evaluate comparable charges 6 for similar services at similar and/or competing facilities in order to establish a range of prices and rates, shall consult with the City of Miami Beach Art Deco Developers Committee and the Ocean Drive Association on any rate adjustments at the FACILITY. Once the input from the aforesaid Committees is received, all price and rate adjustments must receive the prior approval of the CITY'S Contract Administrator and the CITY of Miami Beach Finance/Parking Committee. If the results of the above process result in a denial of the price and rate adjustment requested, BPS shall have the right to appeal said request to the CITY Commission and the CITY Commission' s determination shall be final . h) Prepare a proposed operating budget in compliance with the CITY'S format, and submit to the CITY, no later than May 15 for each succeeding fiscal year of the term of this Agreement, and comply with the spending limitations imposed upon such budget, including supplement(s) thereto as authorized. However, if extraordinary events occur which could not reasonably be contemplated at the time the budget was prepared, BPS may submit a supplemental budget to the CITY for review and approval . BPS 7 recognizes that the CITY is a municipal corporation created pursuant to the laws of the State of Florida and is bound by general and special statutes pertaining to the budget process and the appropriation and expenditures of funds. Therefore, BPS agrees to participate in the CITY'S budget process which would include, but not be limited to an Administrative Review, a review by the CITY'S Budget Advisory Committee, City Commission review and review and comment by citizens at two public hearings in the month of September prior to approval of a proposed operating budget. The initial proposed budget is set forth in Exhibit "E" . Line items in this budget may be modified upon approval of City' s Contract Administrator, but in no event shall the total budget exceed $178 , 000, unless approved by the City Commission for additional major capital improvements. i) Submit, within thirty (30) days following the close of each month, to the CITY, as reasonably prescribed by the CITY, copies of records and reports, relating to the receipts and expenditures of all operations occurring during such month. Such records and reports shall be in a form as 8 required by the CITY. j ) BPS shall establish and have an ongoing relationship with various public and private boards and committees having an interest in the successful operation of the FACILITY. k) BPS shall provide, within ninety (90) days Y following the commencement of this Agreement, a marketing plan including the promotion of the FACILITY, which shall be revised, as necessary, by BPS, from time to time as needed to maintain the plan current. During the preparation of said plan, BPS shall solicit comments from the CITY. BPS shall diligently pursue the marketing plan throughout the term of this Agreement. 1) BPS agrees to honor all CITY parking decals for free admittance to the FACILITY. For the purposes of determining BPS revenue of the FACILITY each decal admittance will be included at half the normal rate charged for parking but shall be listed in a separate line of aforesaid reports as "CITY DECAL ENTRANCE REVENUE" . In the event decal vehicle volume results in a disproportionate percentage of the gross revenues, then the parties agree to 9 renegotiate the decal credit allowed to BPS. In addition, a daily record of the CITY decals admitted to the garage, including but not limited to, the number of decals, type of decal admitted, decal number and signature of the decaled vehicle driver must be maintained and submitted to the CITY as part of the monthly report required in (i) above. If the daily record does not include the signature of decaled vehicle driver, the decal will not be included as a part of the CITY decal entrance revenue. m) BPS agrees to honor all CITY vehicles for free admittance to the FACILITY. n) BPS agrees to cause such acts and things to be done in and about the FACILITY as shall be necessary to its operation, control and maintenance. BPS shall, throughout the term of this Agreement, comply with all statutes, ordinances, laws rules, regulations, orders and requirements by any Federal, State or County government departments, commissions, boards and offices having proper jurisdiction, respect in the use or manner of the use of the FACILITY or the repair, control, maintenance and operation thereof, as well as with all orders and requirements of the 10 Fire Department or any other body which may hereinafter exercise similar functions. o) BPS shall not sub-lease or otherwise provide rights to third parties for any portion of the FACILITY without the prior approval of the City Commission. p) BPS agrees that no vehicle shall be removed from the FACILITY without the prior approval of the CITY'S Parking Department. Vehicles which have a CITY decal will be allowed free parking and shall not be removed from the FACILITY. However, the FACILITY is not to be used as long term storage facility, and Operator shall notify the CITY Parking Department when a vehicle has remained unmoved in the same location for seven (7) days or more. q) BPS agrees that the FACILITY will remain a public municipal garage, open and available for use at all times by the public. BPS further agrees that it is strictly prohibited from rental, lease or utilization of the FACILITY or any part of the FACILITY for valet parking services and shall not use the FACILITY for its own valet parking services. 11 r) All revenues collected by BPS shall be deposited with the CITY on the following business day. D) Repairs. BPS shall inform the CITY of any condition of which it becomes aware which impairs the structural soundness or sound operating condition of the FACILITY or otherwise adversely affects the ability of BPS to perform under this Agreement. It is understood that the CITY will make its own determination as to the structural soundness of the FACILITY or any defect that might be noted by BPS and as to the necessity for repair. The CITY will, subject to appropriation, make available funds necessary to correct such condition within such time as is required under the circumstances and as the CITY deems any repair or correction necessary. a) BPS shall have the right, to act without consent of the CITY, in situations which it determines to be an emergency, for the safety, welfare and protection of the general public. Immediately following such action, BPS shall inform the CITY of the situations and the action taken. b) Except for the amortization of the initial capital improvements of $4 , 000 per year for three years, the purchase or expenditure for any capital items, as hereinafter defined, related to the operation of the FACILITY in excess of $1, 000, shall not be 12 construed or determined to be an operating expense, under this Agreement. The up to $12, 000 in capital improvement shall be included within the $178, 000 base management fee. Capital items shall be defined to include all fixtures, signs, displays, equipment, machinery, appurtenances, improvements, alterations and systems (including, but not limited to, plumbing system, electrical system, wiring and conduits) . E. Office Space. The CITY shall provide BPS with such office space and such equipment as is currently available in the FACILITY. F. Access to FACILITY. The CITY shall provide BPS with unrestricted egress and ingress to the FACILITY. G. Use by the CITY. The CITY shall have the right to use the FACILITY or any part thereof subject to availability for the benefit of the community without the payment of any rental or use fee. CITY uses of the FACILITY shall be booked in advance upon reasonable notice. CITY use of the FACILITY shall earn a Revenue Credit at the prevailing rate and shall be listed in a separate line on the aforesaid reports as "CITY USE REVENUE" . 13 H. Capital Improvements. Unless it is determined to be not feasible by the suppliers of the equipment and such determination is concurred in by the CITY Parking Department, BPS will install, within sixty (60) days of April 1, 1991, a gate at the entrance to the facility, and at the exit a gate. Each gate will have its own non- resetable counter and corresponding detector loop on the ground at entrance and exit, each with its own non- resetable counter. Such cost will not exceed $12 , 000. All proceeds shall be put in a cash register with daily cash register tapes to support daily collections. Until installation of the equipment, for a period of time not to exceed sixty (60) days, BPS shall use the ticketing system currently used by the Parking Department. II. EMPLOYEES It is understood and agreed that when BPS becomes the manager of the FACILITY, effective April 1, 1991, that all employees of the FACILITY are BPS employees and not that of the CITY. BPS shall select the number, function, qualifications, compensation and benefits provided that the FACILITY is operated and maintained in accordance with the provisions of this Agreement. 14 III. CONSIDERATION A. Management Fee. (1) Base Management Fee. CITY is entering into this Agreement based upon the representation, warranty, and guarantee of BPS that the average monthly operating expenditures shall not exceed the average monthly revenues. As compensation to BPS for providing the services herein specified, the CITY shall pay BPS, for the term of this Agreement, a base management fee, not to exceed $178 , 000 per year, payable in an amount not to exceed $14, 833 per month. In the event that revenues (cash plus DECAL CREDIT) for any given month are less than $14 , 833 , then BPS shall only receive the amount of revenue so collected in that month. In the event that revenues for any given month exceed $l4 , s: , then such excess shall be applied to shortfalls for prior months, if any. The right to carry excess revenues back to shortfalls for prior months shall continue over the initial three (3) year term. For the two renewal terms, the right to carry excess revenues back to revenue shortfalls for prior months shall be allowable only within each renewal year. City shall make payment to BPS of the monthly base management fee within seven (7) days of the CITY'S receipt of the income report. 15 (2) Incentive Fee In the event that revenue for any contract year (April 1 to March 31) exceeds $190, 000 BPS shall be paid an incentive fee of 10% of the amount over $190, 000. B. Revenues. Revenues for the FACILITY shall be defined to include all monies and income collected from any source, including but not limited to: 1) Parking fee income; 2) Rental income; 3) City Decal Credit; 4) City use Income; 5) Miscellaneous operating income. C. Operating Expenses. Operating expenses shall be limited to: 1) Payroll, benefits and related costs; 2) Cost of operating supplies; 3) Advertising costs; 4) Cleaning expenses; 5) Insurance costs, as set forth herein; 6) Professional fees; 7) Printing and stationery costs; 8) Postage and freight costs; 9) Equipment rental costs; 16 10) Repairs and maintenance costs, as set forth herein; 11) Security expenses; 12) Cost of office supplies; 13) Telephone charges; 14) Cost of employee uniforms; 15) Exterminator and trash removal costs. 16) Amortized Capital Improvements. a) Professional fees will be incurred only if properly qualified experts in such areas necessitating such services and such services are approved by the CITY prior to their rendition. b) The CITY agrees that operating expenses listed in subparagraph C above shall not include deductions for depreciation. IV. OWNERSHIP AND CITY RESPONSIBILITIES A. CITY Ownership. The ownership of buildings and real estate, fixtures and similar property shall remain the ownership of the CITY. Property rights will not accrue to BPS. 17 B. CITY Responsibilities. The CITY will pay, keep, observe and perform, all payments, terms, covenants, conditions and obligations under any bonds, debentures or other security agreement or contract to which the CITY is hereunder bound. a) Any data, equipment or materials furnished by the CITY to BPS and any such data, equipment or materials that may be acquired for the CITY by BPS for use at the FACILITY shall remain the property of the CITY, and when no longer needed for the performance of this Agreement, shall be returned to the CITY. b) Whenever, under any provision of this Agreement, the approval or consent of either party is required, the decision thereon shall be given promptly and such approval, authorization or consent shall be given promptly and such approval, authorization or consent shall not be withheld unreasonably or arbitrarily. It is further understood and agreed that whenever required, the approval or consent shall be given by the City Manager or his designee. c) Where the approval on the part of the CITY requires 18 a vote by the City Commission, both parties will make their best efforts to expedite such action, allowing time necessary for consideration of such action before the City Commission at regular meeting. d) The CITY will cooperate to the extent reasonably required to secure all licenses and permits needed for the operation and use of the FACILITY. BPS agrees that it is their sole responsibility to obtain all licenses and permits needed for the operation and use of the FACILITY. e) CITY agrees to pay for water, sewer and electric utility charges for the FACILITY and elevator maintenance, sales tax to the State of Florida, and ad valorem taxes, if any; provided that if the FACILITY becomes subject to ad valorem taxes because of this Agreement, the CITY shall have the right to cancel this Agreement. V. CONTRACT MONITORING A. Contract Administrator. The CITY'S Contract Administrator shall be the City Manager or his designee. BPS hereby names Mr. Jerry Mintz to serve as its Contract 19 Administrator. B. Duties of City Contract Administrator. The CITY'S Contract Administrator shall have the authority to give all approvals for the CITY while administrating this Agreement, with the exception of items which would require City Commission approval or have been previously stated in this Agreement. The CITY'S Contract Administrator: a) Shall be the liaison between BPS and the CITY on all matters relating to this Agreement. b) Shall be responsible for ensuring that any information supplied by BPS is properly distributed to the appropriate CITY Departments. c) Shall be responsible for the day-to-day monitoring and assessment of the quality of services provided by BPS and contract compliance by BPS. C. Quality pf Service. The parties agree that the CITY shall have the power to review and monitor BPS 'S activities, operations, management and maintenance of the FACILITY. 20 D. Contract Interpretation. BPS agrees to accept the assessments and decisions of the CITY'S Contract Administrator as binding in matters of contract interpretation, provided however, that BPS has the right to appeal such decision to the City Manager within thirty (30) days of such an assessment or decision. E. General Manager. BPS hereby names Mr. Jerry Mintz, as the General Manager of the FACILITY. The General Manager: a) Shall be the liaison between the CITY and BPS on all matters relating to this Agreement. b) Shall be responsible for the day-to-day management and supervision of the FACILITY. c) Shall be responsible for providing supervision and direction to FACILITY employees. d) Shall have the sole authority to change the policies and procedures of BPS concerning the management, operation and management of the FACILITY. The General Manager of the FACILITY shall be removable 21 for cause upon sixty (60) days notice from the CITY. VI. TERM OF AGREEMENT A. Initial Term. The initial term of this Agreement shall be for a period of three (3) years, commencing April 1, 1991 and ending March 31, 1994. B. Extension Option. The CITY shall have the right to extend this Agreement for two (2) successive additional one (1) year terms by giving written notice to the BPS of such intention, not less than ninety (90) days prior to the expiration of the initial term or any exercised option term. C. Contract Years. For the purposes of this Agreement, the term "contract year" shall mean successive twelve (12) month periods commencing upon the commencement of this Agreement and concluding one (1) calendar year thereafter. D. Fiscal Year. For purposes of this Agreement, the term "fiscal year" shall mean successive twelve (12) month periods commencing October 1 and concluding September 30. E. Proration. In the event that this Agreement shall 22 terminate prior to the end of its anticipated term, any amounts payable to BPS, pursuant to this Agreement, shall be computed pro rata. F. Termination for Cause. It is covenanted and agreed that if BPS or the CITY shall neglect, on their part, or fail to perform or observe any of the covenants, terms, provisions or conditions contained in this Agreement, on either part to be performed or observed with thirty (30) days after written notice thereof, or if either party shall be adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary Petition in Bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the Bankruptcy or Insolvency Laws now in force or hereinafter enacted, Federal , State or otherwise, or if such Petition shall be filed against either party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any time thereafter, and without demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to 23 it for breach of contract. G. Correction. Neither party shall be in default in the performance of any of its obligations hereunder, unless and until it shall have failed to perform such obligations within thirty (30) days of notice thereof, or such additional time as is reasonably required to correct any such default, after notice by the other party properly specifying such failure to perform any such obligation. Provided, however, that the failure to deposit revenues shall be corrected within seventy-two (72) hours. H. Termination for Convenience. During the first year of this Agreement only, either party shall have the right in its sole discretion, upon sixty (60) days written notice to the other party, to terminate this Agreement. I. Procedurepon Termination. Upon the expiration or termination of this Agreement, BPS shall promptly surrender and deliver to the CITY, the FACILITY and all equipment, supplies and records, including all books of account relating to the operation of the FACILITY, and inventories which are the property of the CITY, as received, normal wear and tear excepted, and the CITY shall simultaneously make all payments due BPS as set 24 forth in this Agreement. Upon termination of this Agreement, CITY shall surrender the original performance bond and pay the unamortized portion of the capital improvements within thirty (30) days, unless BPS has any outstanding material obligations, in which case the CITY may hold the bond and withhold payment of the unamortized capital improvement until such obligations are fulfilled. VII. INSURANCE AND LIABILITY A. BPS Requirements. BPS agrees to, at all times during the full duration of this Agreement, adhere to the insurance requirements listed in Exhibit C. Cost of required insurance shall be included in Operating Expenses with including the cost of the performance bond and the employee honesty coverage. B. Performance Bond. BPS agrees that upon the execution of this Agreement it will provide the CITY a performance (contract) bond in the amount of $10, 000 (ten thousand dollars) covering the faithful performance of this Agreement and the payment of all obligations arising thereunder, the form of such bond to be subject to the approval of the City Attorney. C. BPS Indemnification. a. BPS hereby agrees to indemnify, hold harmless and 25 at the CITY'S option, defend, the CITY of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1 million for each occurrence and for all damages to the property of others in and up to the amount of $1 million for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. b. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. c. The foregoing indemnification shall be insured as provided in Exhibit C. 26 D. Sidewalks. References in this Agreement to sidewalks are for general custodial cleaning and maintenance by BPS and are not intended to include repairs to such areas or any liability resulting from needed repairs to such areas. The CITY assumes responsibility for repairs to such areas, however, BPS shall give the CITY written notice of needed repairs. VIII. RECORDS A. Records and Auditing. BPS shall maintain current, accurate and complete financial records on an accrual basis of accounting relating to its activities at the FACILITY. The systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit by the CITY upon reasonable prior request. B. Reporting. BPS shall provide the CITY with detailed reports and records relating to all revenues and expenditures, direct and indirect, of the FACILITY, on a monthly basis within thirty (30) days following the close of the respective month. 27 C. Audit. For each full or partial year of this Agreement, the CITY may, at its option, cause an audit to be conducted. IX. CONFLICTS OF INTEREST BPS is familiar with the provisions of Dade County Code, CITY of Miami Beach Code, and Florida Statutes, and hereby certifies that it will make a complete disclosure to the CITY of all facts bearing upon any possible conflict, direct or indirect, with its performance that it believes any officer or employee of the CITY now has or will have. Said disclosure shall be made by BPS contemporaneously with the execution of this Agreement and at any time thereafter that such facts become known to BPS. BPS agrees and represents to the CITY that it shall perform services under the Agreement in a manner so as to show no preference for other facilities managed by BPS with regard to management and operation of this FACILITY. The CITY recognizes that BPS, or its affiliates, may enjoy indirect economic benefits from the operation of the FACILITY. However, BPS agrees that it will perform its obligation under this Agreement in a manner consistent with the best interest of the CITY. Additionally, BPS shall to the extent practical, prior to execution and approval of this Agreement, provide to the CITY a listing of such known or anticipated ancillary 28 income/revenue sources and their estimated annual amount. Said listing shall be updated on an annual basis no later than May 15 of each fiscal year. X. NOTICES All notices, consents, waivers, directions, requests or other instruments or communications provided for under this Agreement, shall be deemed properly given if, and only if, delivered personally or sent by registered or certified United States mail, postage prepaid, as follows: a) If to the CITY: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, FL 33139 b) If to BPS: Beach Parking Systems, Inc. 2436 S.W. 109th Avenue Miami, FL 33165 Jerry Mintz 4101 North 41st Street Hollywood, FL 33021 29 Either party may at any time change the address where notices are to be sent or the party or persons to whom such notices should be directed by the delivery or mailing to the above person or parties, of a notice stating the change. XI. LAWS A. Compliance. BPS shall comply with all applicable state, local and Federal ordinances, statutes, rules and regulations. It is specifically understood that the parties intend to comply with Internal Revenue Service regulations, rulings, notices or procedures ("IRS Requirements") , issued prior or subsequent to the date of this Agreement, governing the management of governmental facilities financed with the proceeds of tax-exempt bonds, and in particular any such IRS Requirements which implements Section 1301 (e) of the Tax Reform Act of 1986. Notwithstanding any other provision of this Agreement, if any provision of this Agreement conflicts with any IRS Requirements, then the parties agree to amend this Agreement appropriately to reflect compliance with such IRS requirements. The benefits of any such changes would accrue to the CITY. B. Governing Law. This Agreement shall be deemed to have been made and shall be construed and interpreted in 30 accordance with the laws of the State of Florida. In case of any inconsistency between the terms of this Agreement and any applicable general or special law, said general or special law shall govern. C. Equal Employment Opportunity. Neither BPS nor any affiliate of BPS performing services hereunder pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin or physical handicap. BPS will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. XII CITY'S RIGHT TO CONVERT GROUND FLOOR PARKING SPACES TO RETAIL BPS acknowledges and understands that the FACILITY is designed so that the parking spaces on the ground floor level along Collins Avenue can be converted to retail. Notwithstanding any other term in this Agreement, the CITY reserves the right at any time during the term of this Agreement to remove from the scope of this Agreement and convert to retail space the parking spaces on the ground floor level along Collins Avenue and as many parking spaces along the first floor ramp as are required to meet required parking for the retail space. In the event that removal of the ground floor parking and supporting 31 required parking from the scope of this Agreement causes a hardship to BPS in the operation of the FACILITY, then BPS shall have the right to cancel this Agreement and neither party shall have any further liability to the other. In the event the CITY converts the ground floor space to retail during the first three (3) years and BPS cancels this Agreement as a result, then CITY shall reimburse BPS the unamortized portion of the initial capital improvements for entrance and exit equipment, which cost shall not exceed $12 , 000. XIII ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, including any controversy or claim relating to the right to possession of the FACILITY, (including but not limited to any action for ejectment or eviction) shall be subject to court proceedings and not arbitration. Any litigation or arbitration under this 32 Agreement shall be commenced within two (2) years of the accrual of the claim or cause of action, and shall be filed and prosecuted in Dade County, Florida. XIV LIMITATION ON CITY'S LIABILITY FOR BREACH OF CONTRACT The CITY desires to enter into this Agreement placing the operation and management of the FACILITY in the hands of a private management entity, only if in so doing the CITY can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of $50, 000. BPS hereby expresses its willingness to enter into this Agreement with a $50, 000 limitation on recovery for any action for breach of contract. Accordingly, and in consideration of a separate consideration of $1, 000, the receipt of which is hereby acknowledged, BPS hereby agrees that the CITY shall not be liable to BPS for damages to BPS in an amount in excess of $50, 000 for any action for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the CITY by this Agreement. Any base management fee earned by BPS but not paid by the CITY shall not be included within the $50, 000 limitation. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the CITY'S liability as set forth in Florida Statutes, Section 768 . 28 . 33 XV FORCE MAJEURE Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in default if performance is prevented by: a) Fire not caused by negligence of either party, earthquake, flood, act of God, civil commotion occurring at the FACILITY during or in connection with any event or other matter or condition of like nature; or b) Any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, war or governmental law or regulation. XVI MISCELLANEOUS A. Assignability. This Agreement may not be assigned, in whole or in part, without the prior written consent of the CITY. B. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the CITY and BPS. C. Modifications. This Agreement cannot be changed or 34 modified except by agreement in writing executed by all parties hereto. BPS acknowledges that no modification to this Agreement may be agreed to by the CITY unless approved by the City Commission. D. Agreements. This Agreement constitutes all of the understandings and agreements of whatsoever nature or kind existing between the parties with respect to BPS 'S management of the FACILITY. This Agreement is specifically intended to supersede RFP No. 110-89/94 and BPS 'S proposal in response thereto. E. Headings. The section and paragraph "HEADINGS" contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. F. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. G. Designations. Whenever the context of this Agreement requires, the masculine gender includes the feminine or neuter and the singular number includes the plural. H. Clauses. It is agreed that the illegality or invalidity 35 of any term or clause of this Agreement shall not effect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. I. Severability. If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable or shall become a violation of any local, state or federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances shall not be affected thereby and this Agreement as so modified shall. J. Right of Entry The CITY through the CITY'S Contract Administrator or at the direction of the City Manager, shall at all reasonable times, have the right to enter into and upon any and all parts of the FACILITY for the purpose of examining the same for any reason relating to the obligations of the parties to this Agreement. 36 K. Waiver. No consent or waiver, express or implied, by either party, to or of any breach of any covenant, condition or duty of the other, shall be construed as a consent to or waiver of any other breach of the same, or any other covenant, condition or duty. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and representatives as of the day and year first above written, as a sealed instrument. ATTEST: BEACH PARKING SYSTEMS, INC. 7 f r _ d...,, \k/A f 714 1.___ ----— ‘)1,^---%.%.'I ATTEST: THE CITY 0 MIAMI BEACH '61. „,J 7F-3,,,,,,-- ,//.( . :2(4.- --/I City Clerk Mayor APPROVED AS TO FORM: ez-d-W7. -e4,1 ‘LLeity Attorney t y,/ CBT:jh C:\DATA\AGREEMEN\13PARKGA March 12, 1991 37 NORTH i4TH STREET • 1 \ , Ili X . IM N LL , 1Z . > ._. liau • I,..iiipic : ILI N. WAL 3.5' SOE L I, ir 3IDEWALK Ii'� V8'WiDE OO'� Cl�fl: 9' PED. TURF STRIP SET6RGK W: 0 • EXISTING ._.) "SE"'EINCLUDEPARKING w .1 e• cURa , STRUCTURE ..,,,„, , . F. , (4\ _ \\\\ 0 CONCRETE BENCH PROJECTS 2.5'' w "Ns VD Z � 1 \Z 0HPLANTING STRIP 5' WIDE SERVICE OfVE ..- III in 0 .....J 0 0 seviEIoncgv Q,‘. . . 0 7.11:EN • a . l30. TTI\,? GREEN12 = YGasES Zlit ( PED. EASEMENT INCLUDES CURB) • LEGEND * STREETLIGHT MINIMUM OPERATING AND MAINTENANCE STANDARDS PERSONNEL 1. Contractor shall recruit and, at all times, employ a general manager. 2 . Contractor shall recruit and, at all times, employ adequate personnel to perform the following functions: general security; janitorial, landscaping services; and general overall continuous maintenance of the FACILITY to assure that the FACILITY is clean, secure and operational at all times. 3 . Contractor shall recruit and, at all times, employ necessary supervisors for all employees to assure that a high standard of personnel productivity is maintained. 4 . Contractor shall recruit and, at all times, employ individuals in accordance with an affirmative action policy. Such policy is required to be established in writing and approved by the City of Miami Beach. 5. Personnel employed shall reflect personal cleanliness, shall be courteous at all times and shall not use improper language or act in a loud or boisterous manner. 6. Contractor shall provide for a progressive disciplinary policy for all employees who do not act in a courtesy manner, are not productive and who do not habitually practice the highest standards of cleanliness and service to the users of the FACILITY. GENERAL SECURITY 1. Contractor shall recruit and, at all times, employ security personnel to provide for the overall security of the FACILITY as well as the security of the patrons of the FACILITY. 2 . Contractor shall provide at least one security guard 24 hours a day at the FACILITY. The security guard shall move continually throughout all levels and areas of the FACILITY so as to provide a regularity of presence and a deterrent to crime. The security guard shall at all times be a separate person from the parking attendant located at the entrance. JANITORIAL, CLEANING AND HOUSEKEEPING 1. The FACILITY shall be clean at all times. This includes general cleaning during nonoperational times as well as during operational times. EXHIBIT B 2 . All floors and stairwells shall be kept litter and debris free at all times. 3 . Contractor shall sweep the FACILITY at least once weekly and more often if the need exist. 4 . Inspection of the surface of all levels shall be conducted a minimum of three times daily for liquid spills (beer, soda, oil, grease, etc. ) and glass. Liquid spills and glass should be cleaned as soon as they are noticed. 5. Elevators shall be cleaned on a dailybasis. Particular attention "smell" should be taken to the of the elevator. Any unpleasant "smell" condition in the elevator shall require the elevator to be cleaned immediately. 6. Stairwells shall be cleaned on a daily basis. Particular attention should be taken to the "smell" of the stairwells. Any unpleasant "smell" condition in the stairwells shall require the elevator to be cleaned immediately. 7 . Walls shall appear clean at all times. Marks shall be removed either by washing or painting on a weekly basis. 8 . Extermination for all pests and rodents (except termites) shall occur on a monthly basis, more often if evidence of pests are discovered. LANDSCAPING 1. The Contractor shall be responsible for the maintenance of the existing irrigation system. Any broken pipes, sprinkler heads, or pump/pump motor shall be the responsibility of the Contractor. Area watering restrictions should be strictly adhered to. 2 . Grass areas and shrubs shall be sprayed not less than three times per year for the eradication of harmful insects. 3 . Grass shall be mowed at a minimum of every two weeks, more often should the need arise. 4 . Shrubs should be trimmed on a regular basis so as not to encroach onto the sidewalk area or grow tall enough to provide a hiding place. Shrubbery beds should be kept weed and litter free. 5. Large fallen palm fronds shall be removed when noticed. 6. The general grounds appearance surrounding the FACILITY shall be maintained in a healthy, growing, clean and attractive EXHIBIT B condition throughout the year. OVERALL MAINTENANCE 1. The overall appearance of the FACILITY should be attractive and clean at all times. 2 . Graffiti shall be removed from exterior walls within 48 hours. Interior graffiti and wall markings shall be removed on a daily basis. 3 . All lights and lighted signage shall be kept in good working order. Broken signs, burned out lights, etc. , shall be replaced when noticed. 4 . All litter in planters and on sidewalks shall be removed daily. Debris shall be collected and containerized, not swept p into the gutter. Removal of all containerized debris and litter shall be the responsibility of the Contractor. EXHIBIT B MINIMUM INSURANCE REQUIREMENTS 1. Workers ' Compensation and Employers ' Liability per the Statutory limits of the State of Florida. 2 . Comprehensive General Liability (occurrence form) , limits of liability $1 million per occurrence for bodily injuryro ert p p Y damage to include Premises/Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications) . 3 . Automobile Liability - $100, 000/$300, 000 - $50, 000 each occurrence owned/non-owned/hired automobiles included. 4 . Excess Liability - $ N/A per occurrence to follow the primary coverages. 5. The City must be named as an additional insured on the liability policies; and it must be stated on the Certificate. 6. Other Insurance as indicated: Builders Risk completed value $ Liquor Liability $ Fire Legal Liability $ Protection and Indemnity $ XXX Employee Dishonesty Bond $ 10, 000 Other $ 7. Thirty (30) days written cancellation notice required. 8 . Best's Guide rating A+:X or better, latest edition. 9 . The Certificate must state the bid number and title. 10. The City reserves the right to amend these requirements as needed. Any changes must be approved by the City' s Risk Manager. EXHIBIT C EXHIBIT D PARKING RATES Monday 12 :01 a.m. through Friday 12 : 00 noon the rate shall be $2.00 per vehicle per 24 hour period. Friday 12 : 01 p.m. through Sunday midnight the rate shall be $4. 00 per vehicle per 24 hour period. All Revenues shall be paid as vehicles enter the parking garage. EXHIBIT E PROPOSED BUDGET General Manager, Jerry Mintz $15, 000. 00 Supervisor, Frank Pintado $10, 000. 00 Two (2) Attendants $90, 000. 00 Insurance $10, 000. 00 Printing $ 2 , 000. 00 Landscaping $ 2 , 000. 00 Garbage and Exterminating $ 2 , 000. 00 Uniforms $ 1, 500. 00 Legal and Accounting $ 2 , 000. 00 Maintenance and Cleaning $15, 000. 00 Capital Improvements x 3 $ 4, 000. 00 Advertising and Office Supplies $ 2, 000. 00 Cost of Bonds and Interest $ 2 , 000. 00 Management Fee $19, 500. 00 Licenses and Permits $ 1, 000. 00 TOTAL $178, 000. 00 Line items in this budget may be modified upon approval of City' s Contract Administrator, but in no event shall the total budget exceed $178, 000, unless approved by the City Commission for additional major capital improvements. ORIGINAL RESOLUTION NO. 91-2.0268 Authorizing the Mayor and City clerk to execute a management services by and the City of Miami Beach and Beach Parking Systems, Inc. for operation and management of municipal parking garage 17A located at 13th Street and Collins Avenue. * 414 110