2010-27474 ResoI
2010-27474 ~
RESOLUTION NO.~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONCESSION AGREEMENT WITH FIRST
CLASS PARKING, LLC, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.
40-07/08, FOR THE MANAGEMENT AND OPERATION OF VALET PARKING
SERVICES AT THE MIAMI BEACH CONVENTION CENTER, THE FILLMORE
MIAMI BEACH. AT THE JACKIE GLEASON THEATER, AND OTHER CITY
PROPERTIES, AS MAY BE REQUIRED; SAID AGREEMENT HAVING AN INITIAL
TERM OF THREE (3) YEARS, COMMENCING ON OCTOBER 1ST, 2010, AND
ENDING ON SEPTEMBER 30T", 2013, WITH ONE (1) ADDITIONAL TWO-YEAR
. TERM RENEWAL OPTION, AT THE CITY'S DISCRETION.
WHEREAS, on July 16, 2008, the Mayor and City Commission authorized the issuance of
'Request for Proposals (RFP)_ No. 40-07/08 for Valet.Parking Services on City-owned Property (the
RFP); and
WHEREAS, pursuant to Resolution No. 2009-27017, on February 25, 2009, the Mayor and
. City Commission authorized the Administration to enter into negotiations with Concessionaire, as the
successful proposer pursuant to the RFP; and
WHEREAS, accordingly, City and Concessionaire have negotiated the attached Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED. BY THE MAYOR AND CITYCOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,-that the Mayor and City Commission, hereby approve
and authorize the Mayor and City Clerk, to execute a Concession Agreement with First Class
Parking, LLC, pursuant to Request for Proposals (RPF) NO. 40-07/08, for the Management and
Operation of Valet.Parking Services at the Miami Beach Convention Center, The Fillmore Miami
Beach at the Jackie Gleason Theater, and Other City Properties, as may be required; said
Agreement having an initial term of three (3) years, commencing on October 1st; 2010, and ending on
September 30th, 2013, with one (1), additional two-year.term renewal option, atthe-City's discretion.
~ PASSED AND ADOPTED this ~ S th day of SPpfe~ ber , 2010.
ATT ST:
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CITY CLERK ~ MA ,
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T:\AGENDA\2010\September15\Consent\FirstClassParkingValetPSA.doc APPROVED AS TO
FORM & LANGUAGE
~ FOt2 EXECUTION
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Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution approving a Professional Services Agreement (PSA) with First Class Parking, LLC; pursuant to
Request for Proposals (RFP) No. 40-07/08, for the Management and. Operation of Valet Parking Services at
the Miami Beach Convention Center; the Fillmore Miami Beach at the Jackie Gleason Theater, and other City
Property as may be required; and authorizing the Mayor. and City Clerk to execute a professional services
a reement.
Ke Intended outcome 5u orted:
Maintain or improve traffic flow and improve parking availability.
upporting Data (Surveys, Environmental Scan, etc.): There had been an overall increase of 9.57% in
otal vehicle entries in City garages between 2004 and 2007, thus maintaining the need for ancillary parking
ervices such as valet parking..
Shall the Commission Adopt the Resolution?
Item Summa /Recommendation:
The City Commission directed the Administration to negotiate a Professional Service Agreement with First
Class Parking, LLC, pursuant to RFP 40-07/08; and subsequently submit to the Mayor and City
Commission for their approval and authorization for the-Mayor and City Clerk to execute the Agreement.
The following are the key points negotiated into the PSA which have been agreed to by First Class Parking,
LLC. The City has relocated the one hundred (100) parking spaces required for storage from Municipal
Parking Lot No. 29, located on 17t" Street and Convention Center Drive to the seventh (rooftop) level of the
City Hall Garage. This translates into enhanced customer convenience by providing one hundred (100)
additional parking spaces at street level as well as removal of the unsightly view of stacked vehicles in an .
open parking lot, where tens of thousands of visitors walk from the Convention Center to Lincoln Road,
annually; the City-has included language that upon written notification to the Concessionaire, from either the
City, Global. (for~MBCC); or Live Nation (for the Fillmore), that the Concessionaire shall not provide services
for a specified event. Additionally, the Concessionaire may provide service at events; however, if the
.Concessionaire does not park .more than ten (10) vehicles, the Concessionaire shall not be required to
provide service for the remainder of the event; the City has negotiated free valet parking services for four
events annually, one of which is the Cleveland Clinic's Annual Charitable Event at the MBCC. This has
equates to an added value of $6,000, annually; the Concessionaire has agreed to submit a performance
bond in the amount of $13,500.00 which equates to one (1) monthly payment of the annual contract value;
the fee schedule for valet parking services is set by the Mayor and Commission and is described in the
provision below; and the Concessionaire has agreed to provide the City with a monetary donation for a
public benefit for the City's residents. The attached PSA reflects a consensus document and provides the
highest and best return to the City. First Class Parking, LLC has agreed to all of the terms and conditions
set forth in the attached a reement. -Ado t the Resolution.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: This is a revenue generating contract.
q No account number is required
2
3
4
OBPI Total
Financial Im act Summa
Ci Clerk's Office Le islative Trackin
Gus Lopez, Procurement .
Sign-Offs:
Department Director Assi
tant City Manager
s City Manager
SF /
/
JGG /' JMG
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T: \AGENDA\2010\September15\Consent\FirstClassParkingValet.sum.doc
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. m .MIA IBEACH .
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-City of Miami Beach, 1700 Coriyention Center Drive, Miami' Beach, Florida. 33139, wwwimiamibeachfl.gov
...
COMMISSION MEMORANDUM
_ ~ TO: ~ Mayor Matti Herrera Bower and Members of the .City Commission
. FROM: Jorge M. Gonzalez, City Manager
DATE:. u September 15, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CI COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING A PROFESSIONAL SERVICES AGREEMENT (PSA)
f WITH FIRST CLASS PARKING, LLC;'PURSUANT TO REQUEST FOR PROPOSALS
(RFP) N0.40-07/08, FOR THE MANAGEMENT AND OPERATION OF VALET PARKING
SERVICES AT THE MIAMI BEACH CONVENTION CENTER, THE FILLMORE MIAMI
- ,.BEACH AT THE JACKIE GLEASON THEATER, AND OTHER CITY PROPERTY AS
. _ - MAY BE :REQUIRED; AND AUTHORIZING THE MAYOR AND ,CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA).
ADMINISTRATION RECOMMENDATION
;~ , ` Adopt the Resolution • _
KEY INTENDED~OUTCOMES SUPPORTED .
` ` .Maintain or improve traffic flow and improve parking availability.
` . ANALYSIS.
. • On February 25, 2009, the Mayor and City-Commission directed the Administration to negotiate a
. Professional Services Agreement (PSA) with First Class Parking, LLC, pursuant to RFP 40-07/08 .
• ~ for operation and management of valet parking services at the Miami Beach Convention Center;
' ~Filfmore Miami Beach at the Jackie Gleason Theater; and other City property as may be required;
. and subsequently submit to the Mayorarid City Commission fortheir approval and authorization for
the Mayor and City Clerk to execute the Agreement. `
• KEY POINTS .
Th`e following are the key points negotiated into the P.rofessibnal Service Agreement vvhich have .
been agreed to by, the Concessionaire, First Class. Parking, LLC. ~ `
- The City has relocated the one hundred (100) parking spaces required for storage from
- Municipal Parking Lot No. 29, located on -17th Street and Convention Cenfer Drive to the
seventh (rooftop) level of the City Hall Garage. This translates into enhanced customer
convenience by providing one hundred (100) additional parking.spaces at street level as
. well as removal of the unsightly view of stacked vehicles in an open parking lot, where tens
. of thousands of visitors walk from the:Convention Center to Lincoln Road, annually.
- ,._ ..
i - -
i ..
:September 15, 2010 ! -
First Class Parking PSA Valet Parking Services , ..
Page 2 of 5
r
,Section 2.2 In operating the valet parking concession for the Veriues, .the Concessionaire
- . ~ shall be entitled to use up to one hundred (100) parking. spaces in the City Hall Garage _
(CHG), located of 1755 Meridian Avenue,,• immediately west of City. Hall on the northeast •~
corner of Meridian Avenue and 17th Street. Concessionaire shall.park vehicles only within -
_ - _ ~ ~: those designated spaces in the CHG, which spaces shall be located on the rooftop parking
- . - level (seventh parking level) of the,CHG. The Concessionaire shall park vehicles consistent
with the designated traffic circulation pattern within the CHG: Notwithstanding the~preceding
Concessionaire shall have the- option of parking .vehicles in a backed-in position. if
E
-unauthorized. vehicles are parked in spaces made. available for the Concessionaire's use,. =
the Concessionaire shall immediately contact the. City for resolution. Under no
- ` .circumstances shall the Concessionaire use parking:spa~es outside.of the designated
_. locations.-
• The City has included language that upon-written notification to the Concessionaire, from
'~ _ either the City, Global (for MBCC); or Live Nation (for the Fillmore), that the Concessionaire :
- shall not provide services for a specified event. Additionally, the- Concessionaire may -
_ _ provide service at events; .however, if the Concessionaire does not park more than ten (10),
vehicles, the Concessionaire shall not be required to provide service for the remainder of ~ ; _.
.. ~ ~ the event -
- ' ' ~ Section 2.7 -Concessionaire shall provide valet parking services at a ,Venue whenever
-~ ` ~ there is an event. where people. including-, without limitation, `members of the public, 'are ":`
- _ ~ expected to be in attendance. The Concessionaire shall. not be required to provide valet .
parking services at a Venue where, {i) prior to commencement of the event; the- -
Concessionaire is expressly directed, in writing, by either the City (for any Venue); or- by
,ro Global (for MBCC);. or byLive Nation (forthe Fillmore), that-its services will not be required; -
- - _ or (ii) following commencement of an event, where the Concessionaire parks no more than -
: ~ ten (10) cars in any day for such event, in which case Concessionaire shall not be required
- ~ ~ to provide valet parking services for the remainder of that event.
• The City has negotiated free valet parking services for four events annually, one of which'is .
- the Cleveland Clinic's Annual Charitable~Event atthe MBCC.. This:has equates to an added
. value of $6,000, annually.
- Section 2.9 -Special Events -.During the Term herein, the Concessionaire_shall provide free
valet parking services for at least four (4) events per contract year; at such Venues as shall
. be determined by the City Manager, at his/her sole .judgment and ;discretion. -City.
- ~ acknowledges that the Concessionaire currently provides free valet parking services for the
- Cleveland Clinic's Annual Charitable Event at MBCC; accordingly this event shall count as
one. of the four (4) required events per year, so long as the event continues to be held
- ~ annually at MBCC. -
• The Concessionaire shall make equal monthly payments in the amount of $13;4?6:66 foran
- annual total payment of $161;000.00.
Section 3.1 -Commencing on October 1:St, 2010; and .thereafter at the beginning of each
month during the Term, The Concessionaire~shall pay to the City a fixed monthly minimum
payment, in the amount of $13,416.66 (equating. to $161',000 annually). The monthly - -
- - ~~ minimum payment shall be submitted to the attention of the City's Parking Director; and musf
- be received no later than the fifteen. (?5th) day of<each month. -
- _ _ t -. . .
September 15, 2010 ~ .
First Class Parking PSA Valet Parking Services -
Page 3 of 5 `"
* ~ • ' -The existing agreement between the City and Live'Nation requires the City's valet parking
_ ...
concessionaire to indemnify Live Nation. The. Concessionaire~has agreed to the language
below. _ ,
-Section 10.3 - In consideration . of a .separate and specific consideration of ,Ten `
_ ($10.00)Dollars, and other good and valuable consideration,: the, receipt~•and sufficiency of
which are hereby acknowledged, the Concessionaire shall also indemnify, hold -harmless
-- and defend Live Nation Worldwide, lnc. (Live Nation), its officers, employees, acid agents,
' from any and all claims, liability, losses, and causes of action which may arise out of the
" Concessionaire's negligent acts or omissions under'th`is Agreement and shall pay all claims -
_ ~ ~ and losses of any nature whatsoever in connection therewith and shall defend all suits, in "~ ,
- the-.name"of the Live= Nation "when applicable, ,and "shall-pay all cost {including. attorney's
,~ ° , . "fees) and judgments which may issue thereon. This indemnification shall not be limited,in .. "
~• anyway by the type or amount of insurance carried by the Concessionaire..
" , ~. ,. • , The f=orce Majeure provision below establishes that if/when, a Force Majeure'event takes
. ." place causing damage or. destruction which closes any of the facilities referenced.in the"PSA.
'- - that the City Manager, in his sole and reasonable discretion and determination. shall invoke "
. the Force Majeure provision and- proceed to come to a mutually agreed "upon
pro"rated/adjusted monthly payment with the Concessionaire. ~ ~ '
..
~: -
~Section.10.6 -Force Majeure - Whenever a period of time is herein prescribed for.the taking. _
- ~of any action by the City or Concessionaire~(as applicable);. the~City or Concessionaire (as
. ~ `_ . applicable); shall not be liable or responsible for, and there shall be excluded from the
computation of such .period of time, any delays due to strikes, riots," acts of God, shortages of
` - •.: ' labor or materials, war, or governmental laws, regulations, or restriction°s:in the nature of a
' prohibition or moratorium, or any bona fide delay beyond the reasonable~control of City or
_ Concessionaire (as applicable).. The foregoing shall not apply to any "payments of money
°' due. under this Agreement.
Notwithstanding the preceding paragraph, in the event that damage to or destruction of (i) a
Venue or Venues; or (ii) to Concessionaire's- Equipment; or (iii) to the City Hall Garage
,(CHG) or. Municipal Parking Lot No. 29 ((i) and (iii) shall hereinafter. be: referred to as a
- "Facility" or the ".Facilities"), due to a Force. Majeure. event (as defined'fierein) results in the:
_ ,. ~ closure of..said Facility or Facilities, or in: material damage- to the majority of
`~ - • Concessionaire's Equipment, to the extent that (iri the City Manager'ssole and"reasonable .
discretion and .determination) Concessionaire's provision/performance of "the services is
` ~ .either rendered impossible, unnecessary, or economically impracticable, then
Concessionaire and the City shall _ mutually agree upon a .proportionate (prorated)
adjustment of the monthly minimum payment during the pendency of the event'of Force ` °
' .` ~ • .Majeure but, in any event, not to exceed 180 days from the occurrence thereof, whichever is
Tess, If the event of Force Majeure continues fora period in excess of 180. days, then either
- .. party may terminate this Agreement upon sixty (60) days written notice to he other: In the
_~ event of- a termination pursuant to this subsection, the City shall not be .liable to
Concessionaire; .nor have any further obligation (financial or otherwise) to Concessionaire. -~ .
under this Agreement; nor shall.. the. City be liable to concessionaire for any indirect, _
- incidental, :or special costs, lost profits, or consequential damages. If an event.of Force
' ~ Majeure causes the City to close or limitthe Concessionaire's.use of the CHG or Municipal .
'° Parking_Lot No. 29, the City Managershall use commercially reasonable efforts to provide
. ~ " ' the Concessionaire with the use of parking spaces in another municipaF parking facility oriot. ;,
` '" ~ ° ' in a location squally convenient as.the parking facility affected by the Force Majeure.
September 15, 2010
First Class Parking PSA Valet Parking Services
Page 4 of 5
The Concessionaire has agreed to submit a performance bond in the amount of $13,500.00
which equates to one (1) monthly payment of the annual contract value.
Section 12 -Performance Bond or Alternate Security -Concessionaire shall, on or before
the Commencement Date of this Agreement, furnish to the City Manager a Performance
Bond in the penal sum as stated below for the payment of which Concessionaire shall bind
itself.. for. the faithful performance of the terms and conditions of this Agreement. A
Performance Bond, in the amount of Thirteen Thousand Five Hundred ($13,500.00) Dollars,
shall be required and be in faithful observance of this Agreement. A cash deposit,
irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the
City Manager, in his sole and reasonable discretion. The form of the Performance Bond or
letter of credit shall be as required by the City Manager. In the event that a Certificate of
Deposit is approved, it shall be a Thirteen Thousand Five Hundred ($13,500.00) Dollars
one-year Certificate of Deposit in favor of the City, which shall be automatically renewed, the
original of which shall. be .held by the City's Chief Financial Officer.
Concessionaire shall be so required to maintain said Performance Bond oraltemate security
(as accepted by the City Manager),. in full force and effect throughout the Term of this
Agreement. Concessionaire shall have an affirmative duty to notify the City Manager, in
writing, in the event said Performance Bond or alternate security lapses or otherwise
expires. All interest that accrues in connection with any financial instrument or sum of money
referenced above shall be the property of Concessionaire, except in an event of default, in
.which case the City shall be entitled to all interest that accrues after the date of default.
The fee schedule for valet parking services is set by.the Mayor and Commission and is
described in the provision below.
Section 15 -Price Schedules -Concessionaire agrees that prices and fees charged for valet
parking services (the "Valet Fee")shall not exceed those established by the Mayor and City
Commission. The parties acknowledge that the Concession Fee, as set forth in Section 3
hereto, is based upon the Valet Fee in effect as of the Commencement Date, which is
$15.00 per vehicle, and $20.00 per vehicles during the following events: Antique Show;
Jewelry Show; NMMA International Boat Show; Graphics of the Americas; Home Design
Show (March); Home Design Show (September); Sea Trade Cruise Shipping; and Art Basel
Miami Beach.
Notwithstanding the preceding, the City Commission reserves the right, at its sole discretion
and judgment, at any time during the Term hereof, to review the Valet Fee, and to amend
said Fee, as (and if) deemed in the best interest of the City.
The Concessionaire may also request that the City increase the Valet Fee (the "Fee
. Increase") which Fee Increase shall be considered and granted (if at all) by the City
Commission, in its sole and absolute discretion. Prior to the Concessionaire's request for a
Fee Increase, the Concessionaire and the City Manager, or his/her authorized. designee,
shall meet and shall use their best efforts to mutually agree on a recommendation (for the
Commission) for a Fee Increase and corresponding increase adjustment in the Concession
_. ~ Fee.
The Concessionaire has agreed to provide the City with a monetary donation for a public
.benefit for the City's residents.
Section 26 -Public Benefit -The Concessionaire agrees to continue its past practice to
donate toys, or make a monetary donation, in support of the City Parking Department's
annual holiday toy drive benefitting Miami Beach residents.
September 15, 2010
~- first Class Parking PSA Valet Parking Services
Page 5 of 5
CONCLUSION
The attached PSA reflects a consensus document and' provides the highest and best return
to the City. First Class Parking, LLC has agreed~to all of the terms and conditions set forth in'
the attached agreement. Therefore, the Administration recommends that the Mayorand City -
Commission approve the attached resolution and professional services agreement; and
- authorize the Mayorand City Clerk to execute said agreement.
JMG/JGG/SF
T:W GEN DA\2010\Septem ber15\Consent\Fi rstClassParki ngValetPSA. mem.doc