Amend NO.2 Agreement with First Class Parking Systems, LLC DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
AMENDMENT NO. 2 TO CONCESSION AGREEMENT 20 1 8 - 3 0 3 9
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FIRST CLASS PARKING SYSTEMS, LLC.
TO PROVIDE VALET PARKING SERVICES AT THE FILLMORE AT THE JACKIE GLEASON
THEATER OF THE PERFORMING ARTS, MIAMI BEACH CONVENTION CENTER, AND
OTHER CITY PROPERTIES, AS MAY BE REQUIRED, PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 2018-11-WG
This Amendment No. 2 ("Amendment") to the Concession Agreement, dated November
27, 2018 (Agreement), by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the laws of the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139
(the "City"), and First Class Parking Systems, LLC, a Florida limited liability company,
with offices at 12550 Biscayne Boulevard, Suite 207, Miami, Florida, 33181
("Concessionaire"); is entered into this 25th day of September, 2020 ("Effective Date"):
RECITALS
WHEREAS, on July 25, 2019, the Mayor and City Commission adopted Resolution
Number 2018-30399, approving the award of Request for Proposals ("RFP") No. 2018-
166-WG for Valet Parking Services on City-owned property(the "RFP"); and
WHEREAS, on November 26, 2018, the City and Concessionaire executed the
Agreement with respect to the Valet Parking Services at the Fillmore, at the Jackie
Gleason Theater of the Preforming Arts, Miami Beach Convention Center, and other City
properties, as may be required, as set forth in Exhibits A through D of the Agreement; and
WHEREAS, the Proposal Documents include the RFP (inclusive of any
amendments thereto, issued by the City in contemplation of this Agreement),
Concessionaire's proposal in response thereto ("Proposal"), all of which are hereby
incorporated herein and made a part hereof; provided, however, that in the event of an
express conflict between the Proposal Documents and this Agreement,the following order
of precedent shall prevail: this Agreement; the RFP; and the Proposal; and
WHEREAS, Section 1 ("TERM") of the Agreement included an initial term of one
(1) year, commencing on November 1, 2018 and ending on October 31, 2019, with four
(4)additional one-year renewal terms, subject to approval of the City Manager; and
WHEREAS, the City and Concessionaire executed Amendment No. 1 to the
Agreement, approving the first one-year renewal term, beginning on November 1, 2019
an ending on October 31, 2020, modifying the financial terms (the Agreement and
Amendment No. 1 shall be collectively referred to herein as the "Agreement"); and
WHEREAS, the Concessionaire commenced implementing the valet fees for the
Agreement as of October 1, 2018 and the parties wish to correct the commencement date
of the Agreement to reflect October 1, 2018 and accordingly correct the contract year to
start October 1St and go through September 30th; and
DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
WHEREAS, the parties also wish to clarify Section 3.2.3 of the Agreement to
clearly reflect the parties' intent; and
WHEREAS, due to the impacts of the COVID-19/novel Coronavirus pandemic, the
parties availed themselves of the force majeure provision of the Agreement, and agreed
to suspend Services under the Agreement, effective April 1, 2020 ("Suspension Date"),
until the effective date in which the Parking Department Director advises, in writing, that
Services may resume ("Suspension Period"), which agreement is memorialized in a letter
agreement dated March 27, 2020 ("Suspension Letter"); and
WHEREAS, during the Suspension Period,the Venues may require valet services,
on a demand basis ("Temporary Services"), and the undersigned parties have agreed that
Concessionaire may exclusively provide such valet services from the Effective Date of this
Amendment and continuing through and including the expiration date of the Suspension
Period or January 31, 2021, whichever occurs first("Temporary Services Period"), based
upon the terms and conditions contained herein.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Concessionaire hereby agree to amend the
Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted
items underlined) as follows:
(a) Subsection 1.1 of the Agreement is hereby modified as follows:
1.1 The initial term of this Agreement shall be for one (1) year, commencing,
retroactively, on November October 1, 2018 (Commencement Date) and
ending on October 3-1-September 30, 2019.
(b) Subsection 1.3 of the Agreement is hereby modified as follows:
1.3 Contract Year. As referenced in the Agreement, a Contract Year shall refer
to the one-year period in each Term, commencing on November October 1st
and ending on October 31st September 30th.
(c) Subsection 3.2.3 of the Agreement is hereby modified as follows:
3.2.3 Percentage of Gross Receipts (PG). In addition to the MG and Excess
Transaction Fee, the Concessionaire shall annually pay to the City twelve
percent (12%) of the total amount of annual Gross Receipts (as defined in
Subsection 4.4), excluding the Excess Transaction Fee, feGeived—fr-Gm
-- - - - - - - - '- - - - - •• e.ee e - . - - which
cumulatively exceed $500,000.00 in a given Contract Year (hereinafter the
"PG"). The PG payment shall be submitted to the attention of the City's Parking
DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
Director, and must be received no later than thirty (30) days after the end of
each Contract Year.
(d) The Agreement is hereby amended to reflect, that during the Temporary
Services Period, Concessionaire will be permitted to exclusively provide valet
services at the Venues, on a demand basis, by paying the City a Concession
Fee of twelve percent(12%)of the total monthly Gross Receipts (as defined in
subsection 4.4) for all transactions ("Temporary Services Period Concession
Fee"), payable every month by no later than the fifteenth (15th) day of the
corresponding month. As such, during the Temporary Services Period, the
Concession Fees set forth in Section 3.2 shall be abated and replaced with the
Temporary Services Period Concession Fee.
(e) Concessionaire agrees to comply with the City of Miami Beach Parking
Department COVID-19 (Corona Virus) — Valet Parking Requirements, Safety
Guidelines & Precautions, incorporated herein by reference and attached as
Exhibit"D" hereto, as such guidelines may be modified by the City from time to
time. Any modification to these guidelines shall be communicated in writing to
Concessionaire.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In particular, none of the
modifications contained in this Amendment shall be construed as a waiver or
modification of the City's right to terminate the Agreement for Convenience or its
right to collect any outstanding Concession Fees due as of the Suspension Date.
In the event there is a conflict between the provisions of this Amendment and the
Agreement, the provisions of this Amendment shall govern.
3
DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be
executed by their appropriate officials,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH,FLORIDA
ATTEST:
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DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
CITY OF MIAMI BEACH PARKING DEPARTMENT
COVID-19 (Corona Virus) - Valet Parking
Requirements, Safety Guidelines & Precautions
Pursuant to Miami-Dade County Hotel Operational Standards, the following is required:
• Valet will not be an option where onsite parking is available.
• Where parking is unavailable, valet may be utilized.
• Valet operator will step away six (6) feet after opening car door (visual markers
should be placed on the ground to assist).
• After parking, vehicle operator will switch or sanitize gloves prior to servicing the
next vehicle".
As a valet parking service provider, potential sources of exposure include having close contact
with fellow employees and customers with COVID-19, or touching surfaces touched or handled
by a person with COVID-19. The following are COVID-1 9 safety guidelines and precautions
recommended by the CDC (Center for Disease Control). These are in place to keep everyone
safe, including valet parking employees and customers.
Stay home if you are sick:
• If you develop a fever, or symptoms such as a cough or difficulty breathing, call your
healthcare provider for medical advice and guidance before visiting their office.
• You should not return to work until the criteria to discontinue home isolation are met, after
talking with your doctor or nurse.
• CDC recommends wearing cloth face coverings in public settings where other social
distancing measures are difficult to maintain, especially in areas where there may be a lot
of infected people.
• Cloth face coverings may prevent people who don't know they have the virus from
transmitting it to others.
Limit contact:
• Disposable steering wheel covers are encouraged when moving vehicles.
• All keys/fobs should be sterilized with disinfectant.
• All high-touch areas such as the gear shift, handles and window switches are wiped down
with disinfectant upon accepting the vehicle and again when returned to the customer. A
steering wheel tag indicates that a vehicle was sanitized.
• Avoid providing pooled rides with other valet attendants.
• Avoid close contact with customers, when possible.
• Keep a distance of at least 6 feet from customers when you are outside the vehicle.
• Consider asking customers to handle their own personal bags and belongings
during pick-up and drop-off.
• Avoid using the recirculated air option for the car's ventilation during transport of the
vehicle to/from valet storage location; use the car's vents to bring in fresh outside air and/or
lower the vehicle windows.
• Avoid offering items such as water bottles or magazines often provided for free to
customers.
• Avoid contact with surfaces frequently touched by passengers or other drivers, such as
door frame/handles,windows, seatbelt buckles,steering wheel, gearshift,signaling levers,
and other vehicle parts before cleaning and disinfecting.
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DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
Clean and disinfect:
• Valet parking employee work areas should be cleaned and documented regularly. This
includes podiums, door handles, keyboards, time clocks and desks.
• Get and carry cleaning and disinfectant spray or disposable wipes and disposal trash bags
with you.
• Follow the directions on the cleaning product's label.
• At a minimum, clean and disinfect frequently touched surfaces in the vehicle upon taking
possession and returning the vehicle to the customer.
• Appropriate disinfectants for hard non-porous surfaces include:
• EPA's Registered Antimicrobial Products for Use Against Novel Coronavirus
SARS-CoV-2external icon
• Diluted household bleach solutions prepared and used according to the
manufacturers label for disinfection if appropriate for the surface.
• Alcohol solutions with at least 70% alcohol.
Practice everyday preventive actions:
• Avoid touching your eyes, nose, or mouth.
• Proper hand hygiene is an important infection control measure. Keep in mind where you
can access and use facilities with soap and water during your shift. Wash your hands
regularly with soap and water for at least 20 seconds or use an alcohol-based hand
sanitizer containing at least 60% alcohol.
• Key times to clean hands include:
• Before, during, and after taking possession of the vehicle.
• Before eating food.
• Before and after using the toilet.
• After blowing your nose, coughing, or sneezing.
• Additional times on the job to clean hands include:
• Before and after work shifts
• Before and after work breaks
• After handling passengers' personal belongings, if unavoidable.
• Between valet rides and after handling/exchanging money.
• After putting on, touching, or removing cloth face coverings.
• Before wearing and after removing gloves.
• Before and after pumping gas.
• Carry tissues with you to use when you cough, sneeze, or touch your face. Throw used
tissues in the trash.
Valet Parking Customer:
• Ask customers to wear a cloth face covering and cover their mouth and nose with tissues
if they cough or sneeze. Ask the customer to dispose of the tissues after exiting the
vehicle.
• Immediately report any passengers intentionally spreading their germs in car interior to
management, and/or the authorities, as appropriate.
What steps should valet parking companies take?
The valet parking companies should develop and share a set of COVID-19 response measures
to inform and help protect valet parking employees and customers. They should:
DocuSign Envelope ID:45828E9F-1007-4CF6-AA91-CA3BABF928A0
• Consider implementing a daily health screening check point, including taking employee
temperature, and log for all employees entering the workplace.
• Actively encourage sick employees to stay home.
• Provide employees with where to find accurate information about COVID-19, its
symptoms, and how it spreads.
• Encourage the use of and assistance in acquiring hand sanitizer and disposable wipes
and cleaning products so that commonly touched vehicle surfaces can be wiped down by
valet parking attendants.
• Develop policies and technology options that allow and prioritize contactless transactions
that limit or eliminate close contact and the sharing of items such as pens and electronic
signature pads between valet parking attendants and customers.
Ask employees reporting to work the following questions:
• Are you ill, or caring for someone who is ill?
• Have you had contact with someone diagnosed with COVID-19?
• Live in or visit a place where COVID-19 is spreading?
• Since your last day of work, or do you presently have you any of these symptoms?
o Cough
o Shortness of breath or difficulty breathing
o Or at least two of these symptoms
o Fever(100.4 or greater)
o Chills
o Repeated shaking with chills
o Muscle pain
o Headache
o Sore throat
o New loss of Taste or smell
o Employees who have symptoms of acute respiratory illness are recommended to
notify their supervisor and stay at home.
Where can I get more information?
Stay informed. Review health and safety measures taken by your valet parking company about
COVID-19. See these sources for more information on worker and customer exposures to
COVID-19:
• CDC Interim Guidance for Businesses and Employers to Plan and Respond to
Coronavirus Disease 2019 (COVID-19)
• NIOSH Workplace Safety and Health Topic website
• CDC COVID-19 website
• OSHA COVID-19 websiteexternal icon
• CDCINFO: 1-800-CDC-INFO (1-800-232-4636) 1 TTY: 1-888-232-6348 I website
• https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementinq-
safety-practices.html