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 ----
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Date
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Mr-4.14FLORIDA 3 3 1 3 9
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;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.
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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
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March 12, 1991
37
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( 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