Concession Agreement between CMB & 1st Class Parking Corp. Part 2DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 242-3-3249 I
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Contract no. 22-043-01
CONCESSION AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
1ST CLASS PARKING CORP.
FOR
VALET PARKING CONCESSION
PURSUANT TO
REQUEST FOR PROPOSAL (RFP) No. 2022-043-WG
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INDEX
Contract no. 22-043-01
SECTION
TITLE
PAGE
1.
TERM..................................................................................................................3
2.
USES...................................................................................................................3
3.
PRICE SCHEDULES AND CONCESSION FEES................................................6
4.
MAINTENANCE AND EXAMINATION OF RECORDS........................................7
5.
INSPECTION AND AUDIT...................................................................................8
6.
TAXES, ASSESSMENTS, AND UTILITIES.........................................................8
7.
EMPLOYEES AND INDEPENDENT CONTRACTORS ..................................
9
8.
IMPROVEMENTS, MAINTENANCE, REPAIR AND OPERATION .....................10
9.
INSURANCE.....................................................................................................11
10.
INDEMNITY.......................................................................................................12
11.
DEFAULT AND TERMINATION........................................................................14
12.
PERFORMANCE BOND OR ALTERNATE SECURITY.....................................16
13.
ASSIGNMENT...................................................................................................16
14.
SPONSORSHIPS.................................................................................17
15.
NO DVERTISING.................................................................................17
16.
NO IMPROPER USE.........................................................................................17
17.
NOTICES..........................................................................................................17
18.
LAWS................................................................................................................18
19.
MISCELLANEOUS............................................................................................18
20.
LIMITATION OF LIABILITY...............................................................................21
21.
VENUE..............................................................................................22
22.
CITY LIEN.........................................................................................................22
23.
NO LIENS..........................................................................................................22
24.
STORAGE.........................................................................................................22
25.
CITY WITHDRAWAL OF CITY PROPERTY...............................................22
26.
RFP INCORPORATED......................................................................................22
27.
PUBLIC BENEFIT..............................................................................................23
28.
DUALITY ASSURANCE....................................................................................23
29
COMPLIANCE WITH CITY, COUNTY, STATE AND FEDERAL LAWS,
LICENSING AND PERMIT REQUIREMENTS............................................23
30.
INSPECTOR GENERAL AUDIT RIGHTS..................................................26
31.
E-VERIFY..........................................................................................27
32.
CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC
RECORDS
LAW....28
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Contract no. 22-043-01
CONCESSION AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
1ST CLASS PARKING CORP.
FOR VALET PARKING CONCESSION
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2022-043-WG
THIS CONCESSION AGREEMENT (the "Agreement") made this 8/7/2023 1 5:13 EDT
("Effective Date") between the CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida ("City"), and 1ST CLASS PARKING CORP., a Florida limited liability company, whose
address is 12550 Biscayne Boulevard., Suite 300, North Miami, Florida 33181 ("Concessionaire").
WITNESSETH
WHEREAS, on September 19, 2022, the Mayor and City Commission authorized the
issuance of Request for Proposals ("RFP") No. 2022-043-WG for Valet Parking Concession (the
"RFP"); and
WHEREAS, pursuant to Resolution No. 2023-32491, on February 22, 2023, the Mayor
and City Commission authorized the Administration to enter into negotiations with
Concessionaire, as the primary proposer pursuant to the RFP; accordingly, the City and
Concessionaire have negotiated the following Agreement.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained, it is agreed by the parties hereto as follows:
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the right to maintain, manage and operate a valet parking concession for the
following City properties (as set forth in Section 2 hereof), for the term stated herein and subject
to all terms and conditions herein contained:
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1.1 The initial term of this Agreement shall be for one (1) year, commencing on September
1, 2023.
1.2 The City, through its City Manager, will have the option to extend for four (4) additional
one-year renewal terms at the City's sole discretion. Under the same terms and conditions
contained herein (except that the City reserves its right to re -negotiate the Concession
Fees, as provided in Subsection 3.6 of the Agreement), for each annual renewal term,
upon written notice to Concessionaire, which notice shall be provided not less than ninety
(90) days prior to the end of the initial term. The "Term", as referred to in this Agreement
shall refer to the initial term and any additional annual renewal terms approved by the City
Manager, in his sole discretion.
1.3 Contract Year. As referenced in the Agreement, a Contract Year shall refer to the one-
year period in each Term, commencing on September 1st, 2023.
SECTION 2. USES
2.1 The City hereby grants to Concessionaire the right, during the Term herein, to maintain,
manage and operate, at its sole cost and responsibility, a valet parking concession(s) for
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the following City properties (hereinafter, the properties in this Subsection 2.1 (a) — (d)
below may also be referred to as the "Venues"):
(a) The Fillmore at the Jackie Gleason Theater of the Performing Arts (the
Fillmore), located at 1700 Washington Avenue, Miami Beach, Florida, 33139; and
(b) Miami Beach Convention Center (MBCC), located at 1901 Convention Center
Drive, Miami Beach, Florida, 33139; and
(c) Lincoln Road at designated locations established upon the mutual agreement of
the City and Concessionaire, following consultation with the Lincoln Road
Business Improvement District (BID); however, if the parties cannot reach an
agreement, the decision of the City Manager's designee shall be final; and
(d) Such other City properties as may be authorized in writing, by the City Manager,
in their sole discretion.
2.2 City Manager's Designee. The City Manager's designee shall be the City's Parking
Department Director, who shall be responsible for administering the Agreement on behalf
of the City.
2.3 In operating the valet parking concession(s) for the Venues, the Concessionaire shall be
entitled to use parking spaces for vehicle storage in designated municipal off-street
parking facilities, as assigned by the City Manager or their designee.
The Concessionaire shall park vehicles consistent with the designated traffic circulation
pattern within each parking facility. Notwithstanding the preceding, Concessionaire shall
have the option of parking vehicles in a backed -in position. If unauthorized vehicles are
parked in spaces made available for the Concessionaire's use, the Concessionaire must
immediately contact the City for resolution. Concessionaire shall not use parking
spaces outside of the designated locations, unless authorized in writing by the City
Manager's designee. Concessionaire may request the City's approval of alternate
parking spaces, upon submitting a written request to the City Manager's designee,
at least five (5) days prior to the scheduled event.
The City shall identify vehicle storage locations for each Venue served by the
Concessionaire. The municipal parking facilities include but are not limited to: Miami
Beach Convention Center (G11); Pennsylvania Avenue Garage (G9); 17'" Street Garage
(G5); and City Hall Garage (G7). Other venues shall be supported by municipal parking
facilities in the general vicinity.
2.4 With regard to the provision of valet parking services at MBCC, Concessionaire shall set-
up, operate, and provide passenger loading and unloading at locations designated by the
City. When providing valet parking for an MBCC event, the location of the valet stand shall
be contingent upon the needs of the MBCC event. Curb Management includes valet, bus,
taxi, or ride sharing service or a combination thereof for each event. The City, in its sole
discretion, shall make the final determination regarding curb management for each event,
but shall at all times, use its best efforts to prioritize the location of valet service ahead of
taxi and ride sharing services.
2.5 Upon request by an MBCC user and subject to the prior written approval of the City
Manager, Concessionaire may provide pre -paid group valet parking. The Concessionaire,
City and the MBCC user shall agree to a predetermined quantity of valet parking
validations. The MBCC user shall prepay all validations seven (7) days in advance of the
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first "show" day. The MBCC user shall forfeit the value of any non -redeemed validations
and shall not be entitled to a refund. The MBCC user may purchase additional validations
(referred to hereinafter as a Subsequent Purchase) if needed, which Subsequent
Purchases shall not exceed twenty-five percent (25%) of the amount of the prepay
validations purchased by the MBCC user. The MBCC user shall be entitled to refunds of
unused validations of Subsequent Purchases. Concessionaire may request a refund in
the amount of unused validations derived from Subsequent Purchases within seven (7)
days of the last "show" day of the MBCC Event. Failure to timely submit said request,
shall result in the forfeit of any refunds.
Notwithstanding anything in this Subsection 2.5 or the Agreement, valet parking validation
payment, creation, control, accountability, and verification shall be the sole responsibility
of the Concessionaire.
2.6 Upon not less than three (3) days written notice to Concessionaire, the Concessionaire
shall attend any and all planning meetings for any event at the Venues where valet parking
services are to be provided. Concessionaire acknowledges that such meetings may be
scheduled by the City, or for MBCC events, OVG 360, its successors and/or assigns (the
City's manager for MBCC); or, for events at The Fillmore, by Live Nation Worldwide, Inc.,
its successors and/or assigns (the City's manager for The Fillmore).
Said meetings shall be at the Venue for Concessionaire to become aware of a user's
needs, requests, and requirements for the event, and for Concessionaire's input and
recommendations. While the City (or OVG 360 or Live Nation, as the case may be) may
solicit input and recommendations from Concessionaire, all final operational decisions
shall ultimately rest with and be within the exclusive purview of the City. Concessionaire's
failure to have representation and/or participate at any pre -event planning meetings, shall
be deemed a waiver by Concessionaire to challenge any and all operational decisions
made with regard to the event and shall result in a penalty for violation of performance
standards, as set forth in Section 28, ("Quality Assurance").
2.7 Concessionaire shall provide valet parking services at the Venues whenever there is an
event or other function 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 or other
function, the Concessionaire is expressly notified, in writing, by either the City (for any
Venue); or by OVG 3601 (for MBCC); or by Live Nation (for the Fillmore), that its services
will not be required.
2.8 Lincoln Road - The Concessionaire shall have the exclusive right, at any time during the
Term, to provide valet parking services for all or any portion of Lincoln Road Mall, subject
only to the approval of the City, which approval shall not be unreasonably withheld or
delayed. The term "Lincoln Road Mall" shall include all property bounded by Alton Road
on the West; Washington Avenue on the East; 171" Street on the North; and Lincoln Lane
South on the South. The City will provide the Concessionaire with not less than two (2)
ramp locations on Lincoln Road (from where such services must be provided), as well as
reasonable trailblazing signage in areas approaching Lincoln Road, notifying the public of
valet parking with the manner and locations of all signage to be determined solely by the
City Manager or designee, in their discretion. The City shall also make further provision
for vehicle storage in service of the Lincoln Road Venue at not less than one of the
following garage locations: (i) Pennsylvania Ave Garage (G9); (ii) 171' Street Garage (G5);
or (iii) such other municipal parking facilities located within or abutting the Lincoln Road
Mall. At a minimum, the Concessionaire shall provide service at the two (2) designated
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ramp locations on such dates and times proposed by the Concessionaire and approved
by the City.
2.9 North Beach Regional Parking Service — The City anticipates the need for valet paring
services to address anticipated parking shortages as a result of construction activity in the
North Beach area including, without limitation, the Ocean Terrace development. The
Concessionaire is willing to provide these additional services, on an as needed basis,
subject to the parties reaching an agreement with respect to the Valet Fee to be charged
to the public and Concessionaire being reimbursed by the City and/or the developer for
the affected location in the event that the operational costs exceed the Gross Receipts
generated from these additional locations.
2.10 Additional Services. In addition to providing valet parking services for motorized vehicles,
Concessionaire hereby agrees to provide valet parking services for bicycles, including
motorized bicycles, and any other type of micro -mobility devices (individually, a "Mobility
Device" and collectively, "Mobility Devices") (collectively these additional services shall be
referred herein as "Additional Services'). The City Manager's designee will determine the
Venues in which these Additional Services will be offered. For these Additional Services,
the City will provide signage and storage location(s), to be designated by the City
Manager's designee, in the City Manager's designee's sole discretion. Concessionaire
must have an attendant present at all hours of operation and will provide bike racks and
available locks in case a customer does not have a lock for his/her Mobility Device.
Concessionaire will also secure other micro -mobility devices such as standing scooters.
SECTION 3. PRICE SCHEDULES AND CONCESSION FEES.
3.1 Concessionaire agrees that prices and fees charged for valet parking services (the "Valet
Fee") shall not exceed those established herein. The parties acknowledge that the
Concession Fees, as set forth below are based upon the Valet Fee in effect as of the
Commencement Date.
Price Schedule:
1. Miami Beach Convention Center (MBCC):
a. Sponsored Event Fee: $30.00
b. Standard Event Fee: $35.00
2. The Fillmore at the Jackie Gleason Theater (Fillmore):
a. Standard Event Fee: $35.00
b. Pre -Paid Tickets: $35.00
3. Lincoln Road:
a. event days at MBCC, Fillmore, New World Symphony: $25.00
b. non-event days at MBCC or Fillmore: $20.00
4. Other City Properties:
$20.00
5. Valet Fee for each Mobility Device (as defined in Sub -section 2.10): $ 5.00
Sponsored MBCC Event(s) shall mean events held in Ballrooms or catered at the MBCC.
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3.2 Concession Fees: Minimum Guaranteed Monthly Payment; Percentage of Gross
Receipts; and Price Schedules Payments.
3.2.1 Minimum Guarantee (MG). On the first day of each month during the Term, the
Concessionaire shall pay to the City a fixed monthly minimum payment, in the amount of
$19,000 (equating to $228,000, annually) (the "MG") to the attention of the City's Parking
Director. The monthly minimum payment must be received no later than the fifteenth (151h)
day of the corresponding month; and
a. The Monthly Minimum Guarantee (MG) payment due pursuant to the above
Section 3.2.1, is hereby reduced by 20% from $19,000 to $15,200, such reduction has
been in effect since October 1, 2022, and will continue until the first day of the month that
occurs after the month in which the Fillmore reopens to the public.
3.2.2 Excess Transaction Fee. In addition to the MG, Concessionaire shall pay to the
City as follows:
3.2.2.1 for Valet Fees charged pursuant to Subsection 1(a) of the Price Schedule,
Concessionaire shall pay to the City an Excess Transaction Fee, in the amount of $5.00.
3.2.2.2 for Valet Fees charged pursuant to Subsection 1(b) and (2)a of the Price
Schedule, Concessionaire shall pay to the City an Excess transaction Fee, in the amount
of $8.00, and retain $7.00 of the portion of the Valet Fee collected which exceeds $20.00;
and
3.2.2.3 for Valet Fees charged pursuant to Subsection 2(b) of the Price Schedule,
Concessionaire shall pay to the City an Excess Transaction Fee in the amount of $2.00,
form every transaction which Concessionaire collects from Live Nation Worldwide, Inc.
pre -paid tickets.
The Excess Transaction Fee collected each month shall be submitted to the
attention of the City's Parking Director and must be received no later than thirty (30) days
from the end of each prior month.
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, which cumulatively exceed $550,000.00 in a given Contract Year
(hereinafter the "PG"). The PG payment shall be submitted to the attention of the City's
Parking Director and must be received no later than thirty (30) days after the end of each
Contract Year.
The MG, Excess Transaction Fee and PG payments shall be collectively referred to herein
as the Concession Fees.
IT IS THE CONCESSIONAIRE'S RESPONSIBILITY TO SUBMIT TIMELY PAYMENTS
IN ACCORDANCE TO THE DEADLINES CONTAINED HEREIN. THE CITY SHALL NOT
BE REQUIRED TO SEND INVOICES TO THE CONCESSIONAIRE.
3.3 Late Payment Penalty and Interest.
Any payment which Concessionaire is required to make to the City which is not paid on or
before the respective date provided for in this Agreement, shall be subject to a penalty of
$100.00 per month and interest at the rate of eighteen (18%) percent per annum, or the
maximum amount allowable under Florida law, whichever is greater, from the due date of
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the payment until such time as payment is actually received by the City.
3.4 Sales and Use Tax.
It is also understood that the required Florida State Sales and Use Tax shall be added to
Concessionaire's payments and forwarded to the City as part of said payments. It is the
City's intent that it is to receive the minimum monthly payment due from Concessionaire
as net of such Florida State Sales and Use Tax.
3.5 City Business Tax Receipts.
Concessionaire shall obtain, at its sole expense and responsibility, any business tax
receipts required by the City for the proposed use(s) contemplated herein. To the extent
required by the applicable sections of the City Code (as same may be amended from time
to time), business tax receipts shall be obtained for each Venue serviced by
Concessionaire pursuant to this Agreement.
3.6 NOTWITHSTANDING THE ABOVE, OR ANY OTHER TERM OR CONDITION OF THIS
AGREEMENT, THE CITY MANAGER, RESERVES THE RIGHT, AT THEIR SOLE
JUDGMENT AND DISCRETION, TO RENEGOTIATE THE CONCESSION FEES
NINETY DAYS PRIOR TO THE ANNIVERSARY DATE OF EACH CONTRACT YEAR
(THE "NEW CONTRACT YEAR CONCESSION FEES"); PROVIDED, HOWEVER,
THAT, THE NEW CONTRACT YEAR CONCESSION FEES SHALL NOT BE LESS
THAN THE AGREED UPON CONCESSION FEES FOR THE FIRST CONTRACT YEAR.
THE CITY SHALL NOT INCREASE THE CONCESSION FEES MORE THAN ONCE
DURING EACH CONTRACT YEAR THROUGHOUT THE TERM HEREIN. IN THE
EVENT THE PARTIES ARE UNABLE TO SUCCESSFULLY NEGOTIATE AN
INCREASE IN THE CONCESSION FEES, THEN THE CITY MANAGER, AT HIS SOLE
OPTION AND DISCRETION, MAY ELECT TO LEAVE THE CONCESSION FEES IN
PLACE AT THE TIME OF THE NEGOTIATIONS OR TERMINATE THIS AGREEMENT,
FOR CONVENIENCE AND WITHOUT CAUSE, IN ACCORDANCE WITH SUBSECTION
11.6.
SECTION 4. MAINTENANCE AND EXAMINATION OF RECORDS.
4.1 Concessionaire shall maintain current, accurate, and complete financial records, on an
accrual basis, related to its operations pursuant to this Agreement. Systems and
procedures used to maintain these records shall include a system of internal controls. All
accounting records shall be maintained in accordance with generally accepted accounting
principles, during customary business hours, and shall be open to inspection, copying,
and audit by the City Manager or their designee upon reasonable verbal or written notice
by the City. Concessionaire shall maintain all such records at its principal office, currently
located at 12550 Biscayne Boulevard, Suite 300, North Miami, Florida, 33181; or, if moved
to another location, all such records shall be relocated, at Concessionaire's sole expense,
to a location in Miami Beach, within five (5) days from notice of request for inspection by
the City. Financial records and accounts shall include, at a minimum, a breakdown of
Gross Receipts, expenses, and profit and loss statements. Concessionaire shall maintain
accurate automated receipt -printing point of sale (POS) system (or a like alternative) for
each Venue serviced pursuant to this Agreement, which will record and show the payment
for every sale made or service provided at a Venue. Other financial records shall be
maintained as would be required by an independent CPA in order to audit a statement of
annual Gross Receipts and profit and loss statement pursuant to generally accepted
accounting principles. Concessionaire's records shall also be maintained for a period of
three (3) years following expiration (or other termination) of this Agreement (regardless of
whether such termination results from the expiration of the Term or for any other reason).
4.2 A monthly report of activities at each Venue, including applicable Price Schedules shall
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be submitted to the City's Parking Director by the 15th of each month, for the preceding
month. At a minimum, this report shall contain a chronological listing of events and
functions serviced, including the event/function name, date, time, exact location(s),
number of transactions (vehicles), Gross Receipts per location, and Gross Receipts totals.
4.3 Concessionaire shall submit to the City's Parking Director, within sixty (60) days of the
end of each Contract Year, an annual statement of Gross Receipts, in a form consistent
with generally accepted accounting principles. Additionally, such statement shall be
accompanied by a report from an independent CPA firm certifying the report. A penalty
of $500 and $100 per month thereafter for each report not submitted.
4.4 For purposes of this Agreement, the term "Gross Receipts" is understood to mean all
income collected or accrued, derived by the Concessionaire under the privileges granted
by this Agreement, excluding amounts of any Federal, State, or City sales tax (or other
tax) collected by the Concessionaire from customers and required by law to be remitted
to the taxing authority.
SECTION 5. INSPECTION AND AUDIT.
5.1 During the Term, the City Manager or their designee shall be entitled to audit any and all
of Concessionaire's records (financial or otherwise) pertaining to its operations pursuant
to this Agreement, as often as he/she deems necessary throughout the Term, and three
(3) times within the three (3) year period following expiration (or other termination) of this
Agreement. The City shall be responsible for paying all costs associated with such
audit(s), unless the audit(s) reveals a deficiency of five (5%) percent or more in
Concessionaire's statement of Gross Receipts for any year or years audited, in which case
Concessionaire shall pay to the City, within thirty (30) days of the City deeming the audit
final, the cost of the audit and a sum equal to the amount of the deficiency revealed by the
audit, plus penalties and interest.
5.2 It is Concessionaire's intent to stay informed of comments and suggestions by the City
regarding Concessionaire's performance under the Agreement. Within thirty (30) days
after the end of each Contract Year, Concessionaire and the City's Parking Director may
meet to review Concessionaire's performance under the Agreement for the previous
Contract Year. At the meeting, Concessionaire and the City may discuss quality,
operational, maintenance and any other issues regarding Concessionaire's performance
under the Agreement.
SECTION 6. TAXES, ASSESSMENTS, AND UTILITIES.
6.1 Concessionaire agrees and shall pay, before delinquency, all taxes and assessments of
any kind (including, without limitation, ad valorem taxes [if assessed] levied or assessed
upon Concessionaire, and/or upon any City property, or portion thereof, used by
Concessionaire for the purpose of providing the valet parking services required under this
Agreement, or by reason of any other business, operations, and/or activities of
Concessionaire upon or in connection with the servicing of the Venues.
6.2 Concessionaire shall have the right, at its own expense, to contest the amount or validity,
in whole or in part, of any tax and/or assessment by appropriate proceedings, which
Concessionaire shall conduct diligently and continuously, in good faith. Concessionaire
may refrain from paying a tax to the extent it is contesting the imposition of same in a
manner that is in accordance with law; provided, however, if, as a result of such contest,
additional delinquency charges become due, Concessionaire shall be responsible for such
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delinquency charges, in addition to payment of the contested tax (if so ordered).
6.3 Concessionaire shall be solely responsible for, and shall promptly pay when due, all
charges for any utilities (including, without limitation, charges for gas, electricity, water,
sewer, cable, telephone, trash collection, and any other utility service, as well as any hook-
up fees and impact fees related thereto) used by Concessionaire in connection with the
provision valet parking services and operations at the Venues. In addition to other rights
and remedies hereinafter reserved to the City, upon the failure of Concessionaire to pay
for such utility services when due, the City may elect to pay same and Concessionaire
shall promptly reimburse the City upon demand.
6.4 In no event shall the City be liable, whether to Concessionaire or to third parties, for an
interruption or failure in the supply of any utilities services to City property including,
without limitation, the Venues.
SECTION 7. EMPLOYEES AND INDEPENDENT CONTRACTORS.
7.1 Concessionaire shall select, train, employ (or otherwise hire or retain) such number of
employees and/or independent contractors (collectively referred to herein as "personnel")
as is necessary and appropriate for Concessionaire to satisfy its responsibilities
hereunder, and as necessary to maintain the same levels of service as exist in similar first
class valet parking concession facilities and operations. Concessionaire's employees
and/or independent contractors shall be employees and/or independent contractors of
Concessionaire and not of the City, and Concessionaire shall be solely responsible for
their supervision and daily direction and control. Concessionaire shall be solely
responsible for, and have the sole authority to hire, terminate and discipline any and all
personnel employed or retained by Concessionaire.
7.2 Concessionaire and its personnel shall wear identification badges and uniforms approved
by the City. All personnel shall observe all the graces of personal grooming.
Concessionaire shall hire people to work in its operation who are neat, clean, well
groomed, and comport themselves in a professional and courteous manner.
Concessionaire and any persons hired and/or retained by Concessionaire shall never
have been convicted of a felony.
The Concessionaire shall conduct a full criminal background, Driving History review and
drug screening check at its own expense on each of its personnel engaged in providing
services under this Agreement on a quarterly basis. No personnel shall be eligible to
perform services, pursuant to this Agreement, if he or she: (1) has been convicted of or
was placed in a pre-trial diversion program for any crime involving dishonesty or breach
of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury;
possession of stolen property, identity theft; fraud; money laundering; shoplifting; larceny;
falsification of documents and/or (2) has been convicted of any sex, weapons, or violent
crime including but not limited to homicide; attempted homicide; rape; child molestation;
extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon
possession, sale or use. The independent contractor(s) shall defend, indemnify and hold
the City, its officers, employees, and agents harmless from and against any and all liability,
loss, expense (including reasonable attorneys' fees) or claims for injury or damages
arising out of its failure to comply with this requirement.
7.3 Concessionaire shall have an experienced manager or managers overseeing the
concession operations at all times.
7.4 The Concessionaire and its personnel are considered "ambassadors" of the City and, shall
(at a minimum) comport themselves as follows in the discharge of their duties: greet
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patrons upon arrival and departure; make every attempt to quickly and courteously
expedite the transfer of the patron's vehicle; and attempt to accommodate any reasonable
request of the patron in connection with the provision of the valet parking services.
Personnel shall not smoke, drink and/or eat while actively serving patrons; shall speak
English, and shall not solicit tips and/or solicit the use of curbside parking for a fee higher
than the approved City valet parking price schedules
7.5 The Concessionaire shall be responsive to all persons who believe that they or their
vehicle were injured or damaged (or personal items taken) by the Concessionaire
("Claimant"). In the event a Claimant advises the Concessionaire (or any staff of the
Concessionaire) of any such damage, injury or loss (a "Claim"), the Concessionaire shall,
within twenty-four (24) hours of such notice, fill out a Claim form and submit same to the
City's Parking Director. The Concessionaire shall immediately investigate each Claim;
shall respond to the Claimant by telephone or in writing within forty-eight (48) hours of the
Claim, and shall provide the City's Parking Director with a written summary as to the
resolution or other disposition of the Claim. Notwithstanding anything in this Subsection
7.5, the Concessionaire shall not be required to pay or satisfy any Claim that
Concessionaire, after good faith reasonable investigation, determines not to be its
responsibility.
SECTION 8. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION.
8.1 Concessionaire accepts the use of any and all City property to which it is granted the use
to carry out the stated purpose(s) of this Agreement (including, without limitation, any City
property located at, on, or within the Venues and/or any City garages and/or lots used by
Concessionaire), in its "AS IS" "WHERE IS" condition.
8.2 Concessionaire assumes sole responsibility and expense for the day-to-day maintenance
of any such City property while being used by Concessionaire (including any furniture,
fixtures, equipment and any other improvements thereon). This shall include, without
limitation, removal of litter, garbage and debris. Concessionaire shall also be responsible
for all garbage disposal generated by its operations.
8.3 Equipment.
The Concessionaire shall provide and maintain, at its sole cost and expense, valet parking
stand(s), kiosk(s), booth(s), and any other related furniture, fixtures and equipment
(collectively the Equipment), as necessary, to provide and maintain the valet parking
services contemplated herein, consistent with the same levels of service that exist in
similar valet parking facilities and operations in first class facilities. All equipment shall be
new and in excellent condition. The height and the color of the Equipment (including
stands, kiosks, and booths) shall be the same at each valet parking location for all Venues,
except the Miami Beach Convention Center where all Equipment, uniforms, and badges
shall bear the MBCC brand. All Equipment must be approved, in writing, by the City's
Parking Director prior to being put into use. Storage of all Equipment shall be the sole
responsibility of Concessionaire. In the event the City provides any equipment, and the
equipment is damaged or broken the Concessionaire shall be invoiced accordingly,
8.4 Garbage Receptacles.
With respect to litter, garbage and debris removal, Concessionaire shall provide, at its sole
expense, a sufficient number of trash receptacles for its operations and for the use of
patrons. Determination of the "number" of receptacles shall at all times be within the
judgment of the City Parking Director's in his sole and reasonable discretion. Dumping of
receptacles and removal of trash, rubbish and garbage in connection with
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Concessionaire's operations shall be the sole responsibility of the Concessionaire, but
shall be coordinated with the respective managers at MBCC, the Fillmore, and/or any
other Venues. Any costs for removal of the contents of said trash receptacles by the City,
because of the Concessionaire's failure to do so, will be assessed to, and become the
responsibility of, the Concessionaire.
8.5 No Dangerous Materials.
Concessionaire agrees not to use or permit the storage and/or use of gasoline, fuel oils,
diesel, illuminating oils, oil lamps, combustible powered electricity producing generators,
turpentine, benzene, naphtha, propane, natural gas, or other similar substances,
combustible materials, or explosives of any kind, or any substance or thing prohibited in
the standard policies of fire insurance companies in the State of Florida. Any such
substances or materials found on Concessionaire's operations, whether at a Venue or on
any City property being utilized by Concessionaire, shall be immediately removed.
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, Concessionaire shall indemnify and hold the City harmless from any loss,
damage, cost, or expense of the City, including, without limitation, reasonable attorney's
fees, incurred as a result of, arising from, or connected with the placement by
Concessionaire of any "hazardous substance" or "petroleum products" on, under, in or
upon any property (whether City -owned or otherwise being utilized by Concessionaire for
its operations hereunder, as those terms are defined by applicable Federal and State
statutes, or any environmental rules and environmental regulations promulgated
thereunder. The provisions of this Subsection 8.5 shall survive the termination or earlier
expiration of this Agreement.
8.6 Security.
The Concessionaire shall be solely responsible for providing any security measures, as it
deems necessary, to protect its concession areas including, without limitation, all its
Equipment thereon.
8.7 Inspection.
Concessionaire agrees that its concession operations at any or all of the Venues may be
inspected at any time by the City Manager or their designee, or by any other municipal,
County or State officer, or other agency having responsibility and/or jurisdiction for
inspection of such operations. Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference with the
concession operations, whether by the City or by any public agency or official, in enforcing
their respective duties, or enforcing compliance with any applicable laws, or ordinances, or
regulations.
SECTION 9. INSURANCE.
Concessionaire shall maintain, at all times throughout the Term, at its sole expense and
responsibility, the following types of insurance coverage:
a. Commercial General Liability or Garage Liability insurance in the minimum amount
of one million dollars ($1,000,000) per occurrence and per location covering bodily
injury and property damage resulting from valet parking operations (including
Concessionaire's activities connected with the handling of vehicles on public
property).
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Garage Keepers Legal Liability insurance to provide Collision and Comprehensive
coverage for vehicles under control of the valet parking operation, with minimum
limits of $300,000 per location, with a maximum Self -Insured Retention (SIR) or
deductible of $1,000.
c. Worker's Compensation and Employers' Liability as required to meet the statutory
requirements of the State of Florida.
The policies of insurance referred to above shall not be subject to cancellation or changing
coverage except upon at least thirty (30) days prior written notice to the City, and then
only subject to the prior written approval of the City Manager or their designee. Prior to
the Commencement Date of this Agreement, Concessionaire shall provide the City with a
Certificate of Insurance for each such policy. ALL POLICIES SHALL NAME THE CITY
OF MIAMI BEACH FLORIDA AND LIVE NATION WORLDWIDE, INC. AS ADDITIONAL
NAMED INSUREDS. All such policies shall be obtained from companies authorized to do
business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating
acceptable to the City's Risk Manager, and any replacement or substitute company shall
also be subject to the approval of the City's Risk Manager.
Should Concessionaire fail to obtain, maintain or renew the policies of insurance referred
to above, in the required amounts, the City may, at its sole discretion, obtain such
insurance, and any sums expended by the City in obtaining said insurance, shall be repaid
by Concessionaire to the City, plus ten (10%) percent of the amount of premiurns paid to
compensate the City for its administrative costs. If Concessionaire fails to repay the City's
expenditures following written demand from the City (and within the time specified in the
City's demand notice), such failure shall be deemed an event of default hereunder and
the total sum owed shall accrue interest at the rate of eighteen (18%) percent or the
highest rate allowable by law, whichever is greater, until paid.
SECTION 10. INDEMNITY.
10.1 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, Concessionaire shall indemnify, hold harmless and defend the City, its
officers, employees, contractors, agents or servants from and against any claim, demand
or cause of action of whatsoever kind or nature arising out of error, omission, or negligent
act of Concessionaire, its officers, employees, contractors, agents or servants in
connection with its operations and/or the performance of the services contemplated under
this Agreement (including, without limitation, its use of any City property at, on, or within
the Venues and/or any City garage and/or parking lot used herein).
10.2 In addition, and 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, Concessionaire shall indemnify, hold harmless and defend the
City, its officers, employees, contractors, agents or servants from and against any claim,
demand or cause of action of whatever kind or nature arising out of any misconduct of
Concessionaire, its officers, employees, contractors, agents or servants not included in
Subsection 10.1 herein and for which the City, its officers, employees, contractors, agents
or servants are alleged to be liable.
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, Inc. (Live Nation), its officers, employees, and agents, from any and all
claims, liability, losses, and causes of action which may arise out of the Concessionaire's
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negligent acts or omissions under this 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 to the
amount of insurance carried by the Concessionaire.
10.4 Subsections 10.1, 10.2, and 10.3 shall survive the termination or expiration of this
Agreement. Subsections 10.1, 10.2, and 10.3 shall not apply, however, to any such
liability, that arises as a result of the willful misconduct or gross negligence of the City, its
officers, employees, contractors, agents or servants, and (as to 10.3) of Live Nation, its
officers, employees, and agents.
10.5 Subrogation.
The terms of insurance policies referred to in Section 9 shall preclude subrogation claims
against Concessionaire, the City and their respective officers, employees, contractors,
agents or servants.
10.6 Force Majeure.
"Notwithstanding the preceding, in the event that damage to or destruction of (i) a Venue
or Venues, or (ii) to Concessionaire's Equipment, or (iii) municipal parking facilities (i) and
(iii) shall hereinafter be referred to as a "Facility" or the "Facilities"), due to a Force Majeure
event (as defined herein) results in the closure of said Facility or Facilities, or in material
damage to the majority of Concessionaire's Equipment, to the extent that (in the City
Manager's sole 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 monthly payments during the pendency of
the event of Force Majeure but, in any event, not to exceed 180 days from the occurrence
thereof, whichever is less. If the event of Force Majeure continues for a period in excess
of 180 days, then either party may terminate this Agreement upon sixty (60) days written
notice to the 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 limit the Concessionaire's use of the
vehicle storage locations described herein, the City Manager shall use commercially
reasonable efforts to provide the Concessionaire with the use of parking spaces in another
municipal parking facility or lot in a location equally convenient as the parking facility
affected by the Force Majeure, and may suspend the Performance Standard set forth in
Subsection 28.5 of the Agreement for all or some of the Venues(s) for which vehicle
storage locations have been affected.
The term "Event of Force Majeure" shall mean any and all acts of God, strikes, lock -outs,
acts of the public enemy, laws, rules and regulations of governmental or quasi -
governmental entities, wars or warlike action, arrest or other restraint of government (civil
or military), blockades, insurrections, riots, terrorism or terrorist threats, epidemics,
pandemics, earthquakes, hurricanes, storms, floods, washouts, fire or other casualty, civil
disturbances, explosions, threats of bombs or similar interruptions, confiscation or seizure
by any government or public authority, nuclear reaction, radioactive contamination,
accidents, or any other causes, whether of the kind herein enumerated or otherwise that
are not reasonably within the control or caused by the party claiming the right to delay the
performance on account of such occurrence (it being acknowledged that under no
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circumstances shall a failure to pay amounts due and payable hereunder be excusable
due to a Force Majeure).
10.7 Waiver of Loss from Hazards.
Concessionaire hereby expressly waives all claims against the City for loss or damage
sustained by the Concessionaire resulting from an event of Force Majeure (as defined
herein), and the Concessionaire hereby expressly waives all rights, claims, and demands
against the City and forever releases and discharges the City from all demands, claims,
actions and causes of action arising from any of the aforesaid causes.
SECTION 11. DEFAULT AND TERMINATION.
Subsections 11.1 through 11.3 shall constitute events of default under this Agreement. An event
of default by Concessionaire shall entitle the City to exercise any and all remedies described as
the City's remedies under this Agreement, including but not limited to those set forth in Subsection
11.6 and Section 12. An event of default by the City shall entitle Concessionaire to exercise any
and all remedies described as Concessionaire's remedies under this Agreement, including but
not limited to those set forth in Subsection 11.5.
11.1 Bankruptcy.
If either the City or Concessionaire 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, or if any receiver of all or any part of the business property 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 petitions 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 further demand or notice, terminate this
Agreement without being prejudiced as to any remedies which may be available to it for
breach of contract.
11.2 Default in Payment.
In the event Concessionaire fails to submit any payment and accumulated penalties within
fifteen (15) days after the payment due date, and such failure continues three (3) days
after written notice thereof, then the City may, without further demand or notice, terminate
this Agreement without being prejudiced as to any remedies which may be available to it
for breach of contract, and may begin procedures to collect the Performance Bond
required in Section 12 herein.
11.3 Non -Monetary Default.
In the event that Concessionaire or the City fails to perform or observe any of the
covenants, terms or provisions under this Agreement, and such failure continues fifteen
(15) days after written notice thereof from the other party hereto, such non -defaulting party
may immediately or at any time thereafter, and without further demand or notice, terminate
this Agreement. In the event that a default is not reasonably susceptible to being cured
within such period, the defaulting party shall not be considered in default if it shall, within
such period, commence with due diligence and dispatch to cure such default and
thereafter completes with dispatch and due diligence the curing of such default, but in no
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event shall such extended cure period exceed sixty (60) days from the date of written
notice thereof. In the event Concessionaire cures any default pursuant to this subsection,
it shall promptly provide the City with written notice of same.
11.4 City's Remedies for Concessionaire's Default.
If any of the events of default, as set forth in this section, shall occur, the City may, after
notice (if required) and the expiration of cure periods, as provided above, at its sole option
and discretion, institute such proceedings as in its opinion are necessary to cure such
default(s) and to compensate the City for damages resulting from such default(s),
including but not limited to the right to give to Concessionaire a notice of termination of
this Agreement. If such notice is given, the Term of this Agreement shall terminate upon
the date specified in such notice from the City to Concessionaire. On the date so specified,
Concessionaire shall then quit and surrender any and all City property pursuant to the
provisions of Subsection 11.8. Upon the termination of this Agreement by the City, all
rights and interest of Concessionaire in and to this Agreement (and including,
Concessionaire's right to remain on any City property used by Concessionaire to provide
the services under the Agreement) shall cease and terminate and the City may, in addition
to any other rights and remedies it may have, retain all sums paid to it by Concessionaire
under this Agreement, including but not limited to, beginning procedures to collect the
Performance Bond in Section 12 herein.
In addition to the rights set forth above, the City shall have the rights to pursue any and all
of the following:
a. the right to injunction or other similar relief available to it under Florida law
against Concessionaire; and/or
b. the right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from Concessionaire's
default.
11.5 Concessionaire's Remedies for Citv's Default.
If an event of default, as set forth in this section, by the City shall occur, Concessionaire
may, after the expiration of the cure period, terminate this Agreement upon written notice
to the City. Said termination shall become effective upon receipt of the written notice of
termination by the City. On the date specified in the notice, Concessionaire shall quit and
surrender any and all City property pursuant to the provisions of Subsection 11.8.
11.6 Termination for Convenience.
11.6.1 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 11
OR OF THE AGREEMENT, THIS AGREEMENT MAY BE TERMINATED,
IN WHOLE OR IN PART, BY THE CITY, FOR CONVENIENCE AND
WITHOUT CAUSE, UPON THE FURNISHING OF THIRTY (30) DAYS
PRIOR WRITTEN NOTICE TO CONCESSIONAIRE.
11.6.2 In the event of termination by the City pursuant to this Subsection 11.6,
Concessionaire herein acknowledges and agrees that it shall not have any
claim, demand, or cause of action of whatsoever kind or nature, against the
City, its agents, servants and employees (including, but not limited to,
claims for any start-up costs, interference in business or damages for
interruption of services, or interference in its concession operations). In no
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event shall the City be liable to Concessionaire for any indirect, incidental,
special, lost profits or consequential damages.
11.7 Habitual Default.
In the event that Concessionaire has defaulted in the performance of, breached any of the
terms, covenants and conditions required herein to be kept and performed by
Concessionaire or received two (2) notices to cure in a twelve (12) month period or five
(5) cumulatively over the full term of the Agreement, including extensions, at the City's
sole option and discretion, and regardless of whether Concessionaire has cured each
individual condition of breach or default, the Concessionaire may be determined by the
City to be a "habitual violator". At the time such determination is made, the City shall issue
to Concessionaire a written notice advising of such determination and citing the
circumstances, therefore. Such notice shall also advise the Concessionaire that there
shall be no further notice or grace periods to correct breaches exceeding two (2) or five
(5) within their respective periods or default, and that such breach or default, of whatever
nature, taken with the previous breaches and defaults, shall be considered cumulative
and, collectively, shall constitute a condition of non -curable default and grounds for
termination of this Agreement. In the event of any such third (3rd) breach or default within
a Contract Year, this Agreement shall terminate, upon written notice of termination to the
Concessionaire, such termination to be effective upon the tenth (10"') day following the
date of receipt thereof; all payments due hereunder shall be payable to said date; and
Concessionaire shall have no further rights hereunder. In such case, the City may also
avail itself of the remedies set forth in Subsection 11.4 hereof.
11.8 Surrender of City Property/Venues.
Upon (or earlier termination) of this Agreement, Concessionaire shall surrender any and
all City property(ies) utilized be Concessionaire in the performance of the valet parking
operations hereunder, in the same condition as such property(ies) was/were prior to the
Commencement Date, reasonable wear and tear excepted. Concessionaire shall remove
all its Equipment, and any other personal property, upon forty-eight (48) hours written
notice from the City Manager or their designee unless a longer time period is agreed to by
the City. Concessionaire's obligation to observe or perform this covenant shall survive the
expiration or other termination of this Agreement. Continued occupancy of any City
property after termination of the Agreement shall constitute trespass by the
Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall
pay to the City One Thousand ($1,000.00) Dollars per day as liquidated damages for such
trespass and holding over.
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 Thirty -Five Thousand Five Hundred
($35,500.00) 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 Thirty -Five Thousand Five Hundred ($35,500.00) 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 or alternate security (as accepted by the City Manager), in full
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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.
SECTION 13. ASSIGNMENT.
The Concessionaire may not sublet or assign this Agreement, or any part thereof, under any
circumstances, without the prior written consent of the City which consent, if given at all, shall be
in the City's sole judgment and discretion.
SECTION 14. SPONSORSHIPS
14.1 The City reserves unto itself all present and future rights to negotiate all forms of
endorsement and/or sponsorship agreements based on the marketing value of any City
trademark, property, brand, logo and/or reputation. Any and all benefits derived from an
endorsement and/or sponsorship agreement based on the marketing value of a City of
Miami Beach trademark property, brand, logo and/or reputation, shall belong exclusively
to the City. Concessionaire shall be specifically prohibited from entering into, or otherwise
creating any, sponsorships and/or endorsements with third parties which are based solely
or in any part on the marketing value of a City trademark, property, brand, logo and/or
reputation.
It is further acknowledged that the name, likeness, equipment, concepts, logos, designs
and other intellectual property rights of Concessionaire shall remain in the exclusive
possession and control of Concessionaire at all times; provided, however, that
Concessionaire hereby grants City an irrevocable license to use any Concessionaire
trademark, brand, and/or logo, for purposes of the City's promotion of the
Concessionaire's services and including, without limitation, the right to use such
trademarks, brand, and/or logo in all media (for such public marketing purposes) whether
now existing or as may exist in the future.
SECTION 15. NO ADVERTISING.
15.1 No Advertising.
Concessionaire understands that City of Miami Beach regulations strictly prohibit
Concessionaire from advertising on any part of the City's property or Concessionaire's
Equipment, and expressly agrees not to conduct any advertising hereunder unless
expressly approved in writing by the City, in the City's sole and absolute discretion.
SECTION 16. NO IMPROPER USE,
Concessionaire will not use, nor suffer or permit any person to use, in any manner whatsoever,
any City property(ies) or portion thereof granted to Concessionaire for the uses set forth in this
Agreement, for any improper, immoral or offensive purpose, or for any purpose in violation of any
Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. Concessionaire will protect,
indemnify, and forever save and keep harmless the City, its officers, employees, contractors,
agents or servants, from and against damage, penalty, fine, judgment, expense or charge
suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule,
order or regulation occasioned by any act, neglect or omission of Concessionaire, or any of its
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officers, employees, contractors, agents or servants. In the event of any violation by
Concessionaire, or if the City shall deem any conduct on the part of Concessionaire to be
objectionable or improper, the City Manager shall have the right to suspend the concession
operations should the Concessionaire fail to correct any such violation, conduct, or practice to the
satisfaction of the City Manager, within twenty-four (24) hours after receiving written or verbal
notice of the nature and extent of such violation, conduct, or practice; such suspension to continue
until the violation is cured. Concessionaire further agrees not to commence operations during the
suspension until the violation has been corrected to the satisfaction of the City Manager.
SECTION 17. NOTICES.
All notices from the City to Concessionaire shall be deemed duly served upon receipt, if mailed
by registered or certified mail with a return receipt to Concessionaire at the following addresses:
1s' Class Parking Corp.
12550 Biscayne Boulevard, Suite 300
North Miami Beach, Florida 33181
Attn: Wilson Mediorreal
Ph: 786-613-0046
All notices from Concessionaire to the City shall be deemed duly served upon receipt, if mailed
by registered or certified mail return receipt requested to the City of Miami Beach at the following
addresses:
Office of the City Manager
1700 Convention Center Drive
Miami Beach, FL. 33139
Attn: City Manager
and
City of Miami Beach Parking Department
1755 Meridian Avenue, Suite 200
Miami Beach, FL. 33139
Attn: Parking Director
Concessionaire and the City may change the above mailing addresses at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
SECTION 18. LAWS.
18.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and Federal
ordinances, statutes, rules and regulations (including but not limited to all applicable
environmental City, County, State, and Federal ordinances, statutes, rules and regulations,
as same may be amended from time to time.
18.2 Equal Employment Opportunity.
Neither Concessionaire nor any affiliate of Concessionaire performing services hereunder,
or pursuant hereto, will discriminate against any employee or applicant for employment
because of race, sex, sexual orientation, color, creed, national origin, familial status,
religion or handicap. Concessionaire will take affirmative steps to utilize minorities and
females in the work force and in correlative business enterprises.
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18.3 No Discrimination.
Concessionaire agrees that there shall be no discrimination as to race, sex, sexual
orientation, color, creed, national origin, familial status, religion or handicap, in its
employment practice or in the operations referred to by this Agreement. All facilities and
services offered shall be made available to the public.
TERMINATION RIGHTS.
1. If the City has a good faith belief that Concessionaire has knowingly violated
Section 448.09(1), Florida Statutes, which prohibits any person from knowingly
employing, hiring, recruiting, or referring an alien who is not duly authorized to work
by the immigration laws or the Attorney General of the United States, the City shall
terminate this Agreement with Concessionaire for cause, and the City shall
thereafter have or owe no further obligation or liability to Concessionaire.
2. If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 18.4(a), but the Concessionaire otherwise complied with
such subsection, the City will promptly notify the Concessionaire and the
Concessionaire to immediately terminate the contract with the subcontractor.
Concessionaire's failure to terminate a subcontractor shall be an event of default
under this Agreement, entitling City to terminate the Concessionaire's Agreement
for cause.
3. A contract terminated under the foregoing Subsection (b)(1) or (b)(2) is not in
breach of contract and may not be considered as such.
4. The City or Concessionaire or a subcontractor may file an action with the Circuit
or County Court to challenge a termination under the foregoing Subsection (b )( 1)
or (b )(2) no later than 20 calendar days after the date on which the contract was
terminated.
5. If the City terminates the Agreement with Concessionaire under the foregoing
Subsection (b )( 1 ), Concessionaire may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
6. Concessionaire is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this Section 18.4.
SECTION 19. MISCELLANEOUS.
19.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be or create a
partnership or joint venture between the City and Concessionaire.
19.2 Modifications.
This Agreement cannot be changed or modified except by agreement in writing executed
by all parties hereto. Concessionaire acknowledges that no modification to this Agreement
may be agreed to by the City unless approved by the Mayor and City Commission except
where such authority has been expressly provided herein to the City Manager.
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19.3 Complete Agreement.
This Agreement, together with all exhibits incorporated hereto, constitutes all the
understandings and agreements of whatsoever nature or kind existing between the parties
with respect to Concessionaire's operations, as contemplated herein.
19.4 Headings.
The section, subsection 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.
19.5 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
19.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall not affect 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.
19.7 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 shall be so modified.
19.8 Right of Entry.
The City, at the direction of the City Manager, shall at all times during hours of operation,
have the right to enter into and upon any and all parts of the Concession Area for the
purpose of examining the same for any reason relating to the obligations of parties to this
Agreement.
19.9 Not a Lease.
It is expressly understood and agreed that no part, parcel, building, structure, equipment
or space is leased to Concessionaire; that this Agreement is a concession agreement and
not a lease, and that Concessionaire's right to operate, manage, and maintain the
concession shall continue only so long as Concessionaire complies with the undertakings,
provisions, agreements.. stipulations and conditions of this Agreement.
Accordingly, Concessionaire hereby agrees and acknowledges that in the event of
termination of this Agreement, whether due to a default by Concessionaire or otherwise,
Concessionaire shall surrender and yield unto the City any City property then being used
by Concessionaire for the provision of services herein, in accordance with Subsection 11.8
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hereof, and the City shall in no way be required to evict and/or otherwise remove
Concessionaire from any such area as if this were a tenancy under Chapter 83, Florida
Statutes, nor shall Concessionaire be afforded any other rights afforded to nonresidential
tenants pursuant to said Chapter (the parties having herein expressly acknowledged that
this Agreement is intended to be a concession agreement and is in no way intended to be
a lease).
19.10 Signage.
Concessiona"•shetOprovide, at its sole expense and responsibility, any required signs at
its concession locations. All advertising, signage and postings shall be approved by the
City, and shall be in accordance with all applicable Municipal, County, State and Federal
laws and regulations. Any signage posted by Concessionaire shall be subject to the prior
approval of the City Manager or their designee as to size, shape and placement of same.
19.11 Conflict of Interest.
Concessionaire shall perform its services under this Agreement and conduct the
concession operation(s) contemplated herein, in a manner so as to show no preference for
other concession operations/facilities owned, operated, managed, or otherwise controlled
by Concessionaire.
19.12 No Waiver.
19.12.1 It is mutually covenanted and agreed by and between the parties hereto
that the failure of the City to insist upon the strict performance of any of the
conditions, covenants, terms or provisions of this Agreement, or to exercise
any option herein conferred, will not be considered or construed as a waiver
or relinquishment for the future of any such conditions, covenants, terms,
provisions or options but the same shall continue and remain in full force
and effect.
19.12.2 A waiver of any term expressed herein shall not be implied by any neglect
of the City to declare a forfeiture on account of the violation of such term if
such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such waiver
and that one only for the time and in the manner specifically stated.
19.12.3 The receipt of any sum paid by Concessionaire to the City after breach of
any condition, covenant, term or provision herein contained shall not be
deemed a waiver of such breach, but shall be taken, considered and
construed as payment for use and occupation (and not as rent), unless
such breach be expressly waived in writing by the City.
19.13 No Third -Party Beneficiary.
Nothing in this Agreement shall confer upon any person or entity, other than the parties
hereto and their respective successors and permitted assigns, any rights or remedies by
reason of this Agreement.
19.14 Joint Preparation.
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The parties hereto acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has been a
joint effort of the parties, the language has been agreed to by parties to express their mutual
intent and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
SECTION 20. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement only if 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 Ten Thousand ($10,000.00) Dollars. Concessionaire hereby expresses
its willingness to enter into this Agreement with a Ten Thousand ($10,000.00) Dollar limitation on
recovery for any action for breach of contract. Accordingly, and in consideration of the separate
consideration of Ten Thousand ($10,000.00) Dollars, the receipt of which is hereby
acknowledged, the City shall not be liable to Concessionaire for damages to Concessionaire in
an amount in excess of Ten Thousand ($10,000.00) Dollars, for any action for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the City by
this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes,
Section 768.28.
SECTION 21. VENUE
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -
Dade County, Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement
of same shall lie in Miami -Dade County, Florida. THE CITY AND CONCESSIONAIRE HEREBY
KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY
ACTION OR PROCEEDING THAT THE CITY AND CONCESSIONAIRE MAY HEREIN AFTER
INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF
OR RELATED TO THIS AGREEMENT,
SECTION 22. CITY LIEN
It is expressly agreed that the City shall have a continuing lien on all personal property of the
Concessionaire, used exclusively in connection with providing the services under this Agreement,
as more particularly set forth in Exhibit "D", attached hereto, for all sums which may from time to
time become due and unpaid to the City under this Agreement, and upon default of payment by
the Concessionaire and failure to cure after the expiration of the applicable grace period, the City
shall have the right to take possession of and retain the same until the full amount due shall be
paid, or to sell the same at public auction and, after deducting the expense of such sale, apply
the balance of the proceeds to such payment and if there should be any deficiency, to resort to
any other legal remedy available to it.
SECTION 23. NO LIENS
Concessionaire agrees that it will not suffer or through its actions or anyone under its control or
supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event
any lien is filed, Concessionaire agrees to cause such lien to be discharged within ten (10) days
of said filing and in accordance with the applicable law and policy.
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SECTION 24. STORAGE.
Concessionaire agrees that there will be no on -site or on -premises storage of any kind, of
Concessionaire's Equipment.
SECTION 25. CITY WITHDRAWAL OF CITY PROPERTY.
The City retains the right to withdraw all or any portion of the City property/Venues (each a
"Terminated Venue") set forth herein from the terms and conditions of the Agreement. The City
shall give the Concessionaire thirty (30) days written notice in the event of such withdrawal (the
"Venue Withdrawal Notice"). In the event the City withdraws all of the City property and/or
Venues, the Agreement shall automatically terminate, without liability to either party herein. In
the event the City withdraws less than all of the City property and/Venues, then the remaining
property/Venues shall continue within the scope of the Agreement, and the City and
Concessionaire agree to negotiate a proportionate adjustment in the amount of the Concession
Fees from the date that the Terminated Venue goes off line through the remainder of the subject
Contract Year. Concessionaire reserves the right to elect to terminate this Agreement, by written
notice delivered to the City Manager within sixty (60) days of its receipt of the City's Venue
Withdrawal Notice.
SECTION 26. RFP INCORPORATED.
Request for Proposals No. 2022-043-WG, together with any and all amendments thereto, and the
Concessionaire's proposal in response thereto, are hereby incorporated by reference into this
Agreement and attached hereto as Exhibit A and B respectively, to the extent that they are not
inconsistent with any terms herein. In the event of any inconsistency, this Agreement shall prevail.
SECTION 27. PUBLIC BENEFIT.
The Concessionaire shall provide a public benefit in the form of an annual contribution to the
City's Educational Compact in the amount of $3,000 or one percent (1%) of Concessionaire's
annual Gross Receipts, whichever is higher, payable within thirty (30) days of each anniversary
date.
Within thirty (30) days from the end of each Contract Year, Concessionaire shall submit to the
City the annual statement of Gross Receipts, as required in Subsection 4.3, as well as any
difference due between the $3,000.00 up front payment and the one percent (1%) of
Concessionaire's annual Gross Receipts for the applicable Contract Year.
SECTION 28. QUALITY ASSURANCE.
The Concessionaire's must adhere to the City's established customer service standards and its
performance shall be monitored by the City Manager or their designee. Impromptu operational
and financial audits may be conducted on site at the discretion of the City Manager or their
designee.
Letters of complaint, directed to the City from the complainant, regarding the Concessionaire's
performance, will be subject to investigation by the City. Letters of complaint received by the City
pursuant to the Concessionaire's performance will be provided to the concessionaire within two
(2) days of receipt. Concessionaire will have two (2) days to acknowledge to the customer receipt
of the complaint and five (5) days in which to respond to the customer. Three (3) letters of
complaints that have been investigated by the City and confirmed as to their allegations, received
within twelve (12) consecutive months, shall constitute sufficient cause for the City Manager or
their designee to terminate the Agreement.
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Performance Standards.
28.1 A representative of the Concessionaire shall attend all pre -convention and/or preparatory
meetings for events. It is the responsibility of the Concessionaire to confirm their
attendance with the City Manager or their designee.
Penalty: $100.00 per absence/per meeting.
28.2 All personnel must be in full uniform approved by the City. Failure to do so may result in:
a. the City's request to replace said employee or independent contractor with one in
full uniform within one (1) hour, and, including providing the City with evidence of
a valid driver's license for personnel who have driving responsibilities, and a new
corresponding personnel roster.
b. The Concessionaire's failure to produce replacement personnel shall be deemed
as non-performance and a penalty may be assessed.
Penalty: $100.00 per employee or independent contractor/per .day.
28.3 Failure to provide service for events on scheduled dates shall be deemed as non-
performance on the part of the Concessionaire and shall be subject to a penalty, as
liquidated damages. The value of the liquidated damages is based on: (1) reduction of
service level to patrons wishing to valet park and any inconvenience derived thereof; and
(2) a disincentive to the Concessionaire to not provide service for all events.
Penalty: $1,000.00 per event/per day
28.4 Staffing/Personnel.
All personnel having driving responsibilities must have a valid Florida Driver's License.
Additionally, Concessionaire shall submit a list of all personnel, additions, and deletions
on a monthly basis. The report is to be submitted by the fifth (5) of the month with a
photocopy of their valid Florida Driver's License and the valid driver's license number,
shall be submitted for all personnel on the roster who have driving responsibilities.
Penalties: Failure to submit timely: $250 per month
Failure to update list (additions/deletions) $250 per employee or
independent Contractor.
28.5 Concessionaire must maintain a service level for vehicle returns consisting of 15 minutes
or less, calculated from the time the customer submits the valet parking ticket and the
request for the vehicle is submitted in the Flash Valet system, until the time the customer
actually.takes possession of the vehicle and Concessionaire closes out the corresponding
transaction in Flash Valet (the "Return Performance Standard").
City and Concessionaire both acknowledge and agree that the 15-minutes or less Return
Performance Standard shall only apply to the MBCC Venue.
With respect to events where Complimentary Parking Services are being provided, a 20-
minutes or less Return Performance Standard shall apply.
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Penalty: Concessionaire must maintain a threshold of 80% of vehicle returns within the
applicable Return Performance Standard per event. Failure to do so results in a $70
double valet user fee) penalty for each vehicle returned beyond the applicable Return
Performance Standard.
28.6 The valet parking fee shall appear on all valet parking tickets issued to customers.
Penalty: $100.00 per incident.
28.7 The valet parking fee shall be prominently posted on signs at the entrance to the valet
parking area and at the cashier booth.
Penalty: $500.00 per event/per day.
28.8 Solicitation of gratuities is strictly forbidden.
Penalty: $500.00 per incident.
28.9 Any and all Claims (as defined in Subsection 7.5) must be reported in writing to the City's
Parking Department within 48 hours from notice of the Claim.
Penalty: $250.00 per incident.
28.10 Written customer complaints received by Concessionaire must be acknowledged, in
writing, within 48 hours of receipt and responded to within 48 hours, with copies of the
written complaint and response thereto shall be forwarded to the City's Parking
Department representative.
Penalty: $250.00 per incident.
28.11 Customer Service - All personnel must adhere to the City's Customer Service
Excellence Standards.
28.11.1 All personnel must be respectful and courteous when addressing the
public/customers. Conduct unbecoming shall include rude, belligerent,
hostile, quarrelsome, antagonistic, aggressive, sarcastic,
contemptuous, and mocking behavior. All personnel shall further refrain
from smoking, eating, and/or drinking while on -duty.
28.11.2 Valet Attendant Customer Service Index — The City will assess
Concessionaire's personnel customer service performance through the
City's shopper program. The program assesses a variety of factors with
regard to appearance and communications related to customer service.
28.11.3 Complaints pertaining to customer service, including but not limited to
the behavior outlined above shall be immediately addressed by the
Concessionaire. The City reserves the right in its sole discretion, to
determine if the employee or independent contractor is unfit or
incompetent to perform the duties and may require the Concessionaire
to immediately remove the employee or independent contractor and
replace with another within one (1) hour of said request. Failure of the
Concessionaire to do so may trigger an assessment of a penalty.
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Penalty: Any assessment resulting in a score between 1.0 and 3.99 on a scale of 5.0
results in a $100.00 per employee or independent contractor, per event/per day.
28.12 Concessionaire's software application must be operational 100% of the event time and it
must have the same or comparable functionality and features as state of the art platforms
such as Flash, including SMS technology; vehicle tracking in real time by providing record
of events associated with each parked vehicle; drop-off time; storage location; request
time; delivery time; payment features; customer service survey; vehicle damage log,
including attachment for photos. Failure of the Concessionaire to do so shall trigger an
assessment of a penalty. The City must have read-only access to the software at all times.
Penalties: $250.00 per event/per hour or $2,500 daily during event hours and $50.00
penalty for each valet transaction that remains open.
28.13 QUALITY ASSURANCE: Concessionaire shall be present at the Lincoln Road location
during the posted hours of operation.
Penalties: $100 per day.
SECTION 29. COMPLIANCE WITH CITY COUNTY STATE AND FEDERAL LAWS,
LICENSING AND PERMIT REQUIREMENTS.
The Concessionaire shall comply with all rules and regulations, laws, ordinances, and permitting
requirements of the City of Miami Beach, Miami -Dade County, the State of Florida, and the U.S.
Government now in force or hereafter adopted, at Concessionaire's own expense. In particular,
the Concessionaire must obtain a City of Miami Beach Business Tax Receipt annually for the
concession. City Business Tax Receipts currently are issued for a one (1) year period, expiring
each September 30th.
SECTION 30. INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other audit
performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Concessionaire, its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
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City Code, the City is allocating a percentage of its overall annual contract expenditures
to fund the activities and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Concessionaire, the Concessionaire shall make
all requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the
Concessionaire its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Concessionaire's possession, custody or control which in the Inspector General's
sole judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project -related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back -change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Concessionaire shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
Clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Concessionaire shall
make available records relating to the work terminated until three (3) years after
any resulting final termination settlement; and
ii. The Concessionaire shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Concessionaire, its officers, agents,
employees, subcontractors and suppliers. The Concessionaire shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Concessionaire in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Concessionaire or third parties.
SECTION 31. E-Verify
a. To the extent that Concessionaire provides labor, supplies, or services
under this Agreement, Concessionaire shall comply with Section 448.095,
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Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be
amended from time to time. Pursuant to the E-Verify Statute,
Concessionaire shall register with and use the E-Verify system to verify the
work authorization status of all newly hired employees during the Terms of
the Agreement. Additionally, Concessionaire shall expressly require any
subcontractor performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract Term. If Concessionaire
enters into a contract with an approved subcontractor, the subcontractor
must provide the Concessionaire with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Concessionaire shall maintain a copy of such affidavit
for the duration of the contract, or such other extended period as may be
required under this Agreement.
b. TERMINATION RIGHTS
i. If the City has a good faith belief that the Concessionaire has knowingly
violated Section 448.09(1), Florida Statutes, the City shall terminate
this Agreement with Concessionaire for cause, and City shall thereafter
have or owe no further obligation or liability to CHLIC.
ii. If the City has a good faith belief that a subconsultant has knowingly
violated the foregoing Subsection 10.9(A), but the Concessionaire
otherwise complied with such subsection, the City will promptly notify
the Concessionaire and order the Concessionaire to immediately
terminate the Agreement with the subconsultant. The
Concessionaire's failure to terminate a subconsultant shall be an event
of default under this Agreement, entitling the City to terminate the
Agreement for cause.
iii. A contract terminated under the foregoing Subsection (113)(1) or (13)(2)
is not in breach of contract and may not be considered as such.
iv. The City or Concessionaire or a subconsultant may file an action with
the Circuit or County Court to challenge a termination under the
foregoing Subsection (B)(1) or (13)(2) no later than 20 calendar days
after the date on which the contract was terminated.
v. If the City terminates the Agreement with the Concessionaire under the
foregoing Subsection (6)(1), the Concessionaire may not be awarded
a public contract for at least 1 year after the date of termination of this
Agreement.
vi. The Concessionaire is liable for any additional costs incurred by the
City as a result of the termination of this Agreement under this Section
31.
SECTION 32. CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) The Concessionaire shall comply with Florida Public Records law under Chapter 119,
Florida Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
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or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Concessionaire meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), the Concessionaire shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Concessionaire does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Concessionaire or keep and maintain public records
required by the City to perform the service. If the Concessionaire transfers all
public records to the City upon completion of the Agreement, the Concessionaire
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Concessionaire keeps
and maintains public records upon completion of the Agreement, the
Concessionaire shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Concessionaire of the
request, and the Concessionaire must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Concessionaire's failure to comply with the City's request for records shall
constitute a breach of this Agreement, and the City, at its sole discretion, may: (1)
unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under
the Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(3) If Concessionaire fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against Concessionaire to compel production of public
records relating to the City's contract for services, the court shall assess and award
against the Concessionaire the reasonable costs of enforcement, including
reasonable attorneys' fees, if:
a. The court determines that the Concessionaire unlawfully refused to comply
with the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Concessionaire has not complied with the request, to the City and to the
Concessionaire.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Concessionaire at the Concessionaire's address listed
on its contract with the City or to the Concessionaire's registered agent. Such
notices must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the sender
30
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DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0
Contract no. 22-043-01
and with evidence of delivery, which may be in an electronic format.
(3) If Concessionaire complies with a public records request within 8 business days
after the notice is sent, it will not liable for the reasonable costs of enforcement.
(F) IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a)MIAMIBEACHFL.GOV
PHONE: 305-673-7411
[SIGNAUTURE PAGE TO FOLLOW]
31
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DocuSign Envelope ID 414AE25D-205D425B-BF01-E8E5B3D4F5F0
Contract no. 22-043-01
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicating their
agreement.
CITY:
Attest:
CITY OF MIAMI BEACH, FLORIDA
� D—Signed by:
"o� /
Rafael E. Granado, City Clerk Alina T. Hudak, ty Manager
8/7/2023 1 5:13 EDT
Date
CONCESSIONAIRE:
YPARKING CORP.
{a�tuur/e�)/ ( ?W-
(Print Name and Title) 641 4 �OL3
CORPORATE SEAL
(affix seal here)
32
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
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Contract no. 22-043-01
EXHIBIT A
REQUEST FOR PROPOSAL (RFP)
33
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Request for Proposals (RFP)
2022-043-W G
VALET PARKING CONCESSION
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO PROPOSERS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX B REVENUE PROPOSAL FORM
APPENDIX C INSURANCE REQUIREMENTS
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SECTION 0100 INSTRUCTIONS TO PROPOSERS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work, and revenue proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and
addenda, whether included herein or released under separate cover, comprise the solicitation and are complementary
to one another and together establish the complete terms, conditions, and obligations of the Proposers and,
subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com) for
automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any
addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP.
Failure to receive an addendum may result in disqualification of the proposal submitted.
2. BACKGROUND. On November 26, 2018, the City entered into an Agreement with First Class Parking, LLC to
provide valet parking services at the Fillmore Miami Beach at the Jackie Gleason Theater, Miami Beach Convention
Center, and other City properties pursuant to RFP 2018-166-WG. The Agreement had an initial term of one (1) year
and four (4) one-year renewal options. The current agreement has been extended on a month -to -month basis until a
replacement agreement has been executed.
PURPOSE. The intent of this RFP is to seek proposals for a valet parking concession agreement at the Fillmore Miami
Beach at the Jackie Gleason Theater, Miami Beach Convention Center in connection with scheduled entertainment
events, Lincoln Road at designated locations established upon mutual agreement of the City and Concessionaire and
such other City properties, as may be authorized in writing by the City Manager. The City reserves the right to add or
remove sites as needed.
The Fillmore Miami Beach at the Jackie Gleason Theater is presently closed for renovations. The City anticipates
completion of the renovations by May 31, 2023.
The City will identify vehicle storage location(s) for each venue served by the concessionaire, which may include but
need not be limited to: the Miami Beach Convention Center, Pennsylvania Avenue Garage, 17th Street Garage, and
the City Hall Garage. Other venues will be supported by municipal parking facilities in the general vicinity.
All equipment, including valet parking stand(s), kiosk(s), and booth(s,) shall be supplied by and at the expense of the
Proposer. The City will identify a location for a valet parking stand, kiosk, or booth for each facility, as well as vehicle
storage space.
Depending on the location identified as requiring valet services, the City may provide up to 4 on -street spaces for
ramping purposes. Ramping shall only be permitted in the ramping spaces provided. Double parking or obstruction
of a traffic lane is strictly prohibited. Vehicle(s) must be taken into possession within five (5) minutes of the arrival of
each patron, and the vehicle must be returned to the patron within fifteen (15) minutes of each patron's request for the
vehicle.
2019-2022 Miami Beach Convention Center Events Calendars are provided for informational purposes (refer to Exhibit
"A" MBCC Calendar of Events Sample.)
There is no budget allocated by the Parking Department as this RFP is intended to generate revenue for the City.
3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows:
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RFP Issued
September 19, 2022
Recommended Site Visit
Date: October 5, 2022, at 9:00 am ET
Location: 1755 Meridian Avenue, 3rd Floor
Miami Beach, FL 33139
Note. Interested parties are asked to meet
at the location above, and we will walk to the
parking areas defined in the solicitation.
Pre -Proposal Meeting
October 5, 2022, at 10:00 am ET
Join on your computer or mobile app
Click here to ioin the meeting
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 758 806 927#
Deadline for Receipt of Questions
October 21, 2022, at 5:00 pm ET
Responses Due
October 31, 2022, at 3:00 pm ET
Join on your computer or mobile app
Click here to loin the meeting
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 997 407 849#
Evaluation Committee Review
TBD
Tentative Commission Approval
TBD
Contract Negotiations
Following Commission Approval
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact
William Garviso
Telephone:
V.� FTC-7aan
Email:
vvilliam(;ani
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE -PROPOSAL MEETING OR SITE VISIT(S). A pre -proposal meeting which may include site visit(s), may be
scheduled. Attendance for the pre -proposal meeting shall be via web conference and recommended as a source of
information but is not mandatory. Proposers interested in participating in the Pre -Proposal Meeting must follow these
steps:
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 758 806 927#
Proposers who are participating should send an e-mail to the contact person listed in this RFP expressing their intent
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MIAMI BEACH
to participate.
6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre -
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written addenda
will be binding and may supersede terms noted in this solicitation. Addendum will be released through Periscope S2G.
Any prospective proposer who has received this RFP by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an
addendum may result in disqualification of proposal. Written questions should be received no later than the date
outlined in the Anticipated RFP Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's
Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible
for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any
and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-
compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact
named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require
additional information from Proposers (or Proposer team members or sub -consultants) to determine: qualifications
(including, but not limited to, litigation history, regulatory action, or additional references); and financial capability
(including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last
two complete fiscal years).
9. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or
failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to
comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
10. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation
of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider
the information provided by the evaluation committee process and/or may utilize other information deemed
relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation
committee process and takes into consideration Miami Beach City Code Section 2-369, including the following
considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of
the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's
recommendation and may approve such recommendation. The City Commission may also, at its option, reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of
the City, or it may also reject all Proposals.
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11. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected
Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected
Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by
Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an
Agreement has been agreed to; approved by the City; and executed by the parties.
12. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
13. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier -to -
Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations
released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier -to -
Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed
instructions on how to register, complete vendor qualifications and submit electronic bids visit
https://www. miamibeachfl.gov/city-hall/procuremenUfor-approval-how-to-become-a-vendor/.
Should you have any questions regarding this system or registration, please visit the above link or contact Periscope
S2G, Supplier -to -Government at support(cDbidsync.com or 800.990.9339, option 1, option 1.
14. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to
registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self -Service web page,
allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self -
Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx) will also provide you with
purchase orders and payment information.
Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport(a)miamibeachfl.gov
15. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement
of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National
LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami -Dade County.
See authorizing resolutions here.
If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by
Miami -Dade County, click on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid
system (Periscope S2G, Supplier -to -Government). These are two different systems and it is important that you register
for both.
Click to see acceptable certification and to register: hftps://www.miamibeachfl.gov/city-hall/procuremenVhow-to-
become-a-vendor/.
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SECTION 0200 GENERAL CONDITIONS
TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer
agrees to be bound by and in compliance with the Terms and Conditions for Services (version dated July 7, 2022),
incorporated herein, which may be found at the following link:
https://www.miamibeachfl.gov/cit-h�aII/procurement/standard-terms-and-conditions/
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SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly
BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or
facsimile are not acceptable and will be rejected.
A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals. The City will only consider the latest version of the bid.
Electronic proposal submissions may require the uploading of attachments. All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded
documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including
all attachments, is uploaded successfully.
Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal
submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted.
Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical
issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or
S2Gna,periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be
responsible for delays caused by any technical or other issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior
to the deadline for proposal submittals.
2. NON -RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non -
responsiveness. Non -responsive proposals will not be considered.
1. Bid Submittal Questionnaire
2. Revenue Proposal (Tab 5).
3.OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire
(submitted electronically) and the Revenue Proposal with the bid and by the deadline for submittals shall
render a proposal non -responsive. Non -Responsive proposals will not be considered. With the exception of
the Bid Submittal Questionnaire (completed and submitted electronically) and the Revenue Proposal, the City reserves
the right to seek any omitted information/documentation or any additional information from Proposer or other source(s),
including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,
client information, financial information, or any information the City deems necessary to evaluate the capacity of the
Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information
in accordance with the City's request shall result in proposal being deemed non -responsive.
4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed
in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated
below and contain a table of contents with page references. The electronic proposal shall be submitted through the
"Line Items" attachment tab in Periscope S2G.
Cover Letter
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact
for the purposes of this solicitation.
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-Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant
experience and the proven track record of the firm and/or its principals in providing valet parking services for
convention centers, theaters of performing arts, playhouses, cultural centers, amphitheaters, and/or events event
venues such as stadiums or arenas. For each project that the Proposer submits as evidence of similar experience,
the following is required: project description, agency name, agency contact, contact telephone & email, and year(s)
and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants (if
applicable) to be used for this project if awarded, the role that each team member will play in providing the services
detailed herein and each team members' qualifications. A resume of each individual, including education,
experience, and any other pertinent information, shall be included for each Proposal team member to be assigned
to this contract.
Approach and Methodology
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to:
• Operational Plan. At a minimum, the operational plan should state the qualifications of all personnel,
including supervisors, for each of the specified valet parking concessions, together with a statement of
screening procedures for all employees, including those with driving responsibilities.
• Staffing/Personnel. Each Proposer should include in its proposal a staffing pattern or plan which details
the number and qualifications of the personnel who will be employed in the concession operation;
An experienced manager (or managers) shall be employed by the Proposer to oversee the concession
operation and have the authority over day-to-day operations.
• Reporting and Records. At a minimum, all transactions, including voided transactions, daily control logs for
Proposer's cashier indicating starting, ending, and voided transactions, and related gross receipts;
• Florida Driver's License verification reporting.
• Commencement of Operations. The City anticipates services to commence on October 1, 2022. Proposer
must be prepared to commence operations upon official written notice from the City Manager or his/her
designee.
• Automated Valet Parking Point of Sale (POS) System. The Proposer shall use a state-of-the-art automated
valet parking point of sale (POS) system for processing and reporting of all transactions;
• Refunds, including a statement describing the circumstances and procedure whereby refunds will be
provided to patrons.
• Security. Specify any security measures the proposer will establish to protect its area its equipment,
materials, facilities, and designated valet storage locations.
• Maintenance of Premises. The Proposer shall maintain a neat and orderly operation at all times and shall
be solely responsible for the necessary services to maintain the premises used for valet parking services
properly.
• Valet Equipment, including valet parking stand(s); kiosk(s), and/or booth(s), and
• Valet Parking Services Signs.
Public Benefit
Submit detailed information on how the Proposer will provide, on an annual basis and during the term of the contract,
public benefit(s) to the City of Miami Beach. The public benefit(s) component may include (but is not restricted to)
financial support of the City's educational initiative(s), and/or any other benefits or services that benefit the City or
its residents.
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7Revenue Pro osal
SubmGIMINK it a completed Revenue Proposal Form (Appendix B).
Balance of Pa_qe Intentionally Left Blank
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SECTION 0400 PROPOSAL EVALUATION
1. EVALUATION COMMITTEE INITIAL REVIEW OF PROPOSALS. An Evaluation Committee, appointed by the City
Manager, shall meet to evaluate and rank each responsive Proposal received in accordance with the criteria set forth
in Sub -section 4 below. The Evaluation Committee may complete the initial review of proposals with or without
presentations. The Evaluation Committee's scores and rankings are only advisory to the City Manager, who will utilize
the results to take one of the following actions:
a. Recommend that the City Commission authorize negotiations or award a contract to one or more firms in
accordance with Section 0100, Sub -section 10; or
b. Recommend that the City Commission short-list one or more firms for further consideration by the
Evaluation Committee; or
c. Recommend to the City Commission that all firms, if more than one (1) responsive submittal is received, be
rejected.
2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short -listing of firms responding to this RFP is approved, the
short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further
considering the short-listed firms, the Evaluation Committee will utilize the criteria set forth in Sub -section 4 below.
3. TECHNICAL ADVISORS. The City, in its discretion, may utilize technical or other advisers to assist the evaluation
committee or the City Manager in the evaluation of proposals.
4. QUALITATIVE AND QUANTITATIVE CRITERIA. The first step will consist of the qualitative criteria listed below to
be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to
be added to the Evaluation Committee results by the Procurement Department.
5. QUANTITATIVE CRITERIA. Procurement Department staff will assign points for the quantitative criteria. Revenue
Proposal and Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code.
Revenue Proposal Evaluation. The Revenue proposal points in accordance with the following formula:
Sam le Objective Formula for Revenue Points
Formula for Calculating Points
Vendor
Example Maximum
p
(revenue proposal being evaluated I
Vendor
Revenue
Allowable Points
highest revenue proposal X
Total Points
(Points noted are for illustrative
maximum allowable points =awarded
Awarded
Proposal
purposes only. Actual points are
points)
noted above.)
Round to
Vendor A
$200
20
20
$200 I $200 X 20 = 20
_
20
15
Vendor B
$150
$1501$200 X 20 =15
Vendor C
$100
20
$1001$200 X 20 =10
10
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6. EVALUATION COMMITTEE RANKING FOR QUALITATIVE AND QUANTITATIVE FACTORS. The sum of
qualitative and quantitative scores will be converted to rankings in accordance with the example below.
Qualitative Points
Proposer...
82
74
180
Committee
Quantitative Points
5
5
0
Member 1
Total
87
79
80
Rank
1
3
2
Qualitative Points
82
85
72
Committee
Quantitative Points
5
5
0
Member 2
Total
87
90
72
Rank
1
2
3
Qualitative Points
90—t
74
66
Committee
Quantitative Points
5
1 5
0
Member 2
Total
95
1 79
66
Rank
1
2
3
7. DETERMINATION OF AWARD. The City Manager shall consider qualitative and quantitative factors, in accordance
with Section 4 above, to recommend the Proposer (s) he deems to be in the best interest of the City or may recommend
rejection of all proposals. The City Manager may also consider feedback or information provided by staff, consultants
or any other third -party in developing an award recommendation. The City Manager's recommendation need not be
consistent with the information provided by the evaluation committee process and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of
the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's
recommendation and may approve such recommendation. The City Commission may also, at its option, reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of
the City, or it may also reject all Proposals.
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APPENDIX A
MIAMIBEACH
Statement of Work
Required
2022-043-W G
VALET PARKING CONCESSION
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
Al. Statement of Work Required. The intent of this RFP is to seek proposals for a valet parking
concession agreement at the Fillmore Miami Beach at the Jackie Gleason Theater, Miami Beach
Convention Center in connection with scheduled entertainment events, Lincoln Road at designated
locations established upon mutual agreement of the City and Concessionaire and such other City
properties, as may be authorized in writing by the City Manager. However, the City reserves the right
to add or remove sites as needed.
The City shall identify vehicle storage locations for each venue served by the Concessionaire. The
municipal parking facilities include but are not limited to: Miami Beach Convention Center;
Pennsylvania Avenue Garage; 17th ST Garage and City Hall Garage. Other venues shall be
supported by municipal parking facilities in the general vicinity. The City may provide vehicle storage
spaces at the Convention Center Garage, located at 1901 Convention Center Drive depending on
the size of the event.
The City will provide, at no charge, the location for a valet parking stand, kiosk, or booth for each
facility, as well as vehicle storage space. All equipment including valet parking stand(s); kiosk(s),
and/or booth(s) shall be supplied by, and at the expense of the Proposer.
The City may provide up to 4 on -street spaces for ramping for each Venue served by the
Concessionaire. Ramping shall only be permitted in the ramping spaces provided. Double parking
or obstruction of a traffic lane is strictly prohibited. Vehicle(s) must be taken into possession within
five (5) minutes of the arrival of each patron and the vehicle must be returned to the patron within
fifteen (15) minutes of each patron's request for the vehicle.
The services outlined herein shall be offered to patrons of the the Fillmore Miami Beach at the Jackie
Gleason Theater, in connection with scheduled entertainment events, Lincoln Road at designated
locations, and at the Miami Beach Convention Center, on an as -needed basis, as requested by the
City Manager or their designee. The City Manager or their designee may also request services to be
provided at additional locations on City property, under the same term and conditions contained
herein.
With prior approval of the City Commission, the City reserves the right to revise the rates charged
for valet parking services under this Agreement.
2. Price Schedule.
1. Sponsored Events at Miami Beach Convention Center (MBCC)
Customer Fee
Concessionaire Portion
City Portion
A. Sponsored Events
$25.00
$20.00
$5.00
B. Standard Event Fee
$30.00
$24.00
$6.00
2. The Fillmore Miami Beach at the Jackie Gleason Theater
Customer Fee
Concessionaire Portion
City Portion
A. Standard Event Fee
$30.00
$24.00
$6.00
B. Prepaid Tickets
$30.00
$27.50*
$2.50
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
*$2.50 of this Fee may be payable to Live Nation from the Concessionaires portion
3. Lincoln Road
Customer Fee I Concessionaire Portion I Citv Portion
A. Standard Event Fee 1 $20.00 $20.00 $ -
4. All Other City Properties
Customer Fee Concessionaire Portion City Portion
A. Standard Event Fee 1 $20.00 $20.00 $ -
Standard Event: Any event at any venue where customers will pay for service.
Sponsored Event: Any event at the MBCC that is catered and the event organizer pays
for parking — provides parking to guests.
Pre -paid Event: Any event where tickets are pre -purchased via Live Nation at the Fillmore
Miami Beach at the Jackie Gleason Theater.
3. Additional Valet Parking Services. The City, as a result of construction activity, may have the
need for additional valet parking services to address parking shortages. The Concessionaire may
be asked to provide these additional services, on an as -needed basis, subject to pre -negotiated
rates.
4. Minimum Guarantee Revenue. In consideration of the City executing an agreement and granting
the rights provided in the agreement, the successful contractor shall guarantee and pay to the City
the proposed monthly minimum fee to be paid on a monthly basis, not to be less than $215,000 per
year. Proposals that include a minimum guarantee of less than $215,000 per year shall be
rejected and shall not be considered. However, proposers are encouraged to offer a Minimum
Guarantee in excess of this amount. The proposed annual minimum guaranteed amount shall be
utilized to allocate up to 30 points in the Evaluation Process (See Section 0400 Proposal Evaluation).
In consideration of the current closure for renovations of The Fillmore at the Jackie Gleason Theater,
the minimum guarantee will be reduced to $172,000 for the period during which The Fillmore at the
Jackie Gleason Theater is closed. Upon the reopening of The Fillmore at the Jackie Gleason Theater,
the minimum guarantee will increase back to $215,000 per year. Notwithstanding the foregoing,
bidders shall propose a minimum guarantee of $215,000 per year in its proposal response to this
RFP. Proposals that include a minimum guarantee of $215,000 per year shall be rejected and
shall not be considered.
5. Percentage of Gross Revenue. In addition to the minimum guarantee, (see Paragraph 4,
above) and the excess transaction fee (see Paragraph 2, Price Schedule, City Portion, above), the
City reserves the right to negotiate a percentage of gross revenue during contract negotiations. If the
annual percentage of gross amount is greater than the annual total minimum guarantee, the
successful proposer shall pay to the City the difference between the annual minimum guaranteed
amount and the annual percentage of gross amount within 30 days of the anniversary date of the
Agreement. If the annual percentage of gross amount owed tothe City is less than the sum of all
minimum monthly guaranteed payments, no further payments willbe required of the Contractor.
Likewise, the City shall not reimburse the Contractor any portion of the minimum monthly guarantee.
Excess transaction fees are excluded from the cumulative total annual percentage of gross receipt
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amounts
6. Performance Bond or Alternate Security. The successful contractor shall furnish the City with
a security deposit, as agreed to by the City. Said security shall serve to secure the successful
contractor's performance and payment in accordance with the provisions of the agreement. In
the event the successful proposer fails to perform in accordance with said provisions, the City may
retain said security, as well as pursue any and all other legal remedies provided in the agreement,
or as may be provided by applicable law.
7. Valet Equipment. All equipment, including valet parking stand(s); kiosk(s), and/or booth(s) shall
be supplied by, and at the expense of the Proposer. Equipment supplied under the Agreement shall
be new, and in excellent condition prior to installation and during operation. The height and the color
of the equipment supplied shall be the same at each location. All equipment supplied under the
Agreement must be approved by the City Manager or his/her designee. Storage of said equipment
is the sole responsibility of the Proposer.
8. Refunds. The Proposer must include in its proposal a statement describing the circumstances
and procedure whereby refunds will be provided to patrons.
9. Quality of Service. The Proposer must greet patrons and take possession of their vehicles
within five (5) minutes of arrival of each patron, and the Proposer must return their vehicles tothe
patrons within fifteen (15) minutes of each patron's request for the vehicle. The City reserves the
right to have any unsuitable employee(s) of the Proposer removed.
10. Operational Plan. The Proposer must provide a Statement of Proposed Operational Plans. At
a minimum, such plan should state the intended valet parking concessions which are contemplated,
number and qualifications of all personnel, including supervisors, together with a statement of
screening procedures for all employees, including those with driving responsibilities.
Any equipment which the Proposer intends to supply for the operation of the concession shouldbe
listed and described in detail. Any parking concession stand(s), kiosk(s), and/or booth(s) must be
completely portable and must be compatible in design, color, and workmanship with the facility for
its intended use. If the Proposer plans to make any capital improvements to City property or facilities
over the term of the proposed Agreement, such improvements should be described and an estimated
dollar amount to be expended stated in the Plan.
Supplemental statements should include preliminary drawings depicting the improvements to be
completed (including signage), as well as additional information regarding the projected market
viability of the Operational Plan and any special qualifications and experience that theProposer offers
with regard to the proposed services. The Proposer must have a written statement of procedures
whereby members of the public may receive refunds or adjustments inthe event of customer
dissatisfaction. Additionally, the City will require the successful Proposer to maintain their operating
areas and general vicinity free of all debris, litter, and trash.
11. Commencement of Operations. Proposer must be prepared to commence operations upon official
written notice from the City Manager or his/her designee.
12. Amounts Payable to the City. The Proposer shall propose a fixed monthly payment to the
City for the duration of the Agreement for the stated locations. The minimum acceptable annual
amount shall be no less than $215,000.00. Said payment shall be due to the City on the tenth
(10th) of the month for the preceding month. Financial statements of the previous month's gross
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receipts, including the submittal of a monthly report of activities (sample report to be included as an
attachment in the RFP), shall be submitted to the City by the 15th of each month for the preceding
month. This report, at a minimum, must contain a chronological listing of events and their
locations, including the following information; date, time, name of the event, exact location(s) (the
Fillmore Miami Beach at the Jackie Gleason Theater; Miami Beach Convention Center; Lincoln Road
), number of transactions (vehicles), gross receipts per event/location, and gross receipts totals.
This report shall accompany the monthly statement of gross revenues and will be subject to audit.
It is also required that the Proposer, at its own expense, pay any and all taxes or assessments which
may be levied including sales and use tax on payments to the City. The City shall reconcile monthly
reports and conduct an audit of operations annually or when it deemsnecessary.
The City reserves the right re -negotiate the Minimum Guarantee and/or the Percentage of Gross,
should additional sites be added or removed.
13. Late Fees. There will be a penalty of $100.00 per month or two percent (2%) of the monthly
gross receipts, whichever is greater for late or delinquent payments (i.e., any payment received after
the tenth (10th) of the month). In addition, simple interest accruing to the City at the highest rate
allowable by law per annum, or eighteen percent (18%), whichever is greater, shall be levied from
the date when the payment is due until the date paid.
14. Gross Receipts. The term "Gross Receipts", as used herein, shall mean all monies paid or
payable to the Proposer for sales made or services rendered which are related to this concession,
provided, however, that any sales tax imposed by City, County, State, or Federal law and paid by
the purchaser of any item sold by Proposer or any other authorized service or activity of the Proposer
directly payable to a taxing authority shall be excluded from the computation of "Gross Receipts.
15. Automated Valet Parking Point of Sale (POS) System. The Proposer shall use a state-of-the-
art automated valet parking point of sale (POS) system for processing and reporting of all
transactions, Said system shall be approved by the City Manager or his/her designee.
16. Shortages. All cash shortages, regardless of the reason, are to be absorbed by the Proposer
and are not to be reported as deductions from Gross Receipts. Bad debts, returned checks,and
charges for returned checks, which are part of Gross Receipts, are also not to be reported as
deductions from Gross Receipts.
17. Reporting and Records. The Proposer must use an automated point of sale (POS) software
system to be approved by the City Manager or his/her designee, to be used for any and all
transactions. The Proposer must prepare true and complete records and accounts of its gross
receipts of the valet parking service in accordance with generally accepted accounting principles
during the term of the Agreement. Such records should include, at a minimum, all transactions,
including voided transactions, daily control logs for Proposer's cashier indicating starting, ending,
and voided transactions, and related gross receipts. The form of all records, reports, and operating
controls will be subject to the written approval of the City's Internal Auditor. Recommendations by
the Internal Auditor for changes, additions, or deletions in accounting practices, reporting, or controls
will be complied with by the Proposer when requested. The City Auditor shall have the right to audit
and examine, during normal business hours, all books of accounts, reports, and records relating to
the valet parking service,upon three (3) days' notice. All records relating to the Agreement must be
stored and made available to the City within 48 hours of the request. The City shall have the right to
examine such records at any time within one (1) year following the expiration or termination of the
Agreement; all records must be maintained for that period.
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
18. Annual Reports. The Concessionaire will submit an annual Compilation Statement of Gross
Receipts to the City. Upon City's request, the Concessionaire will be required to submit an annual
CPA Certified Statement of Gross Receipts. Such Certified Statement shall include an opinion by a
Certified Public Accountant as to the accuracy of the Proposer's Gross Receipts as defined by the
Agreement. The period covered by the Certified Statement shall coincide with the Proposer's fiscal
year and must be submitted to the City within sixty (60) calendar days after the end of each twelve-
month fiscal year.
A penalty of $500 for failure to submit the report(s) within the sixty (60) calendar days will be applied
and an additional $100 per month thereafter for each report not submitted.
19. Facilities/Premises. Authorized Locations include the Fillmore Miami Beach at the Jackie
Gleason Theater, Miami Beach Convention Center; and Lincoln Road at designated locations.. The
City Manager or his/her designee may, at his discretion, approve other City sites which require valet
parking services.
Note. Any separate valet services contract between the Concessionaire and any business that is
covered by the locations of this RFP, will require City approval.
20. Special Events. During the term the Concessionaire shall provide free valet parking service for
at least four (4) events per contract year, at such venues as shall be determined by the City manager,
at his/her sole judgement and discretion.
21. Appearance on Premises. The Proposer shall maintain a neat and orderly operation at all times
and shall be solely responsible for the necessary services to properly maintain the premises being
used for valet parking services.
22. Signs. All signage, and postings shall be approved by the City Manager or his/her designee and
must comply with the requirements of the City's Planning Department. The City encourages the
proposer to use 100% post -consumer recycled content, Processed Chlorine Free paper, Green Seal
Certified paper, and Forest Stewardship Council (FSC) certified paper for advertising materials
and/or signage.
23. Security. The Proposer must provide any security measures which may be required to protect
its area and its equipment, materials, facilities, and designated valet storage locations. Said security
measures may not violate other restrictions of the Agreement.
24. Staffing/Personnel. Each Proposer should include in its proposal a staffing pattern or plan
which details the number and qualifications of the personnel who will be employed in the concession
operation. At a minimum, the Proposer shall employ people to serve the public who are neat, clean,
well-groomed, and courteous. Employees must be customer -service oriented and shall wear
uniforms with name tags at all times. Uniforms shall be pre -approved by the City Manager or his/her
designee. All drivers must have a valid Florida Driver's License and the Proposer shall submit a list
of all employees, additions, and deletions on a monthly basis. The report is to be submitted by the
fifth (5) of the month with a photocopy of their valid Florida Driver's License and the valid driver's
license number, which shall be submitted for every employee on the roster.
An experienced manager (or managers) shall be employed by the Proposer to oversee the
concession operation, and have the authority over day-to-day operations. The conduct of the
Proposer's employees shall be subject to reasonable regulation by the City Manager or his/her
designee.
25. Compliance with City, County, State, and Federal Laws, Licensing, and Permit
Requirements. The Proposer shall comply with all rules and regulations, laws, ordinances, and
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permitting requirements of the City of Miami Beach, Miami -Dade County, the State of Florida, and
the U.S. Government now in force or hereafter adopted, at Proposer's own expense. In particular,
the Proposer must obtain a City of Miami Beach Business Tax Receipt annually for the concession.
City Business Tax Receipts currently are issued for a one (1) year period, expiring each September
30th.
26. Performance, Indemnity, and Insurance Requirements. The Proposer shall post a
Performance Security in the form of an Irrevocable Letter of Credit or, in the alternative, a cash
deposit in the amount of the annual payment to the City by the Proposer, upon the execution of an
Agreement. Said Performance Security shall be issued by a surety company authorized to do
business in the State of Florida and shall be refundable at the expiration of the Agreement if all terms
and conditions of the Agreement have been satisfied by the Proposer. The Performance Security
must be good and in effect for the duration of the Agreement. A Performance Security that is on an
annual basis is not acceptable.
The Proposer shall indemnify, defend, and hold harmless the City against any and all claims, suits,
actions, damages, or causes of action arising during the term of the Agreement for any personal
injury, loss of life, or damage to property sustained in or on the sites Proposer is operating on, by
reason of or as a result of Proposer's use, activities, and operations thereon; from and against all
costs, attorney's fees, expenses, and liabilities incurred in the defense of any such claim and the
investigation thereof.
As partial fulfillment of this requirement, the Proposer shall supply evidence of insurance coverage
as described on the Insurance Check List. The required insurance coverage must be supplied prior
to the initiation of operations. The Proposer will not be granted access to the property without
approved insurance coverage.
27. Quality Assurance. The Proposer's performance shall be monitored by the City Manager or
his/her designee. Impromptu operational and financial audits may be conducted on -site at the
discretion of the City Manager or his/her designee.
Letters of complaint regarding the Proposer's performance will be subject to investigation by the City.
The Proposer will be issued a written notice of the complaint within five (5) days of receipt by the
City, and the Proposer will have five (5) days in which to respond. Three (3) letters of complaints that
have been investigated by the City and confirmed as to their allegations, received within twelve (12)
consecutive months, shall constitute sufficient cause for the City Manager or his/her designee to
terminate the Agreement.
28. Performance Standards.
1. A representative of the Proposer shall attend all pre -convention and/or preparatory
meetings for events. It is the responsibility of the Proposer to confirm their attendance with
the City Manager or his/her designee.
Penalty. $100.00 per absence/per meeting
2. All employees must be in full uniform. Failure to do so may result in a request to replace
the said employee with one in full uniform. The Proposer's failure to produce a replacement
shall be deemed non-performance, and a penalty may be assessed.
Penalty: $100.00 per employee, per event/per day
3. All personnel having driving responsibilities must have a valid Florida Driver's License.
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Additionally, Concessionaire shall submit a list of all personnel, additions, and deletions on
a monthly basis. The report is to be submitted by the fifth (5) of the month, with a photocopy
of their valid Florida Driver's License and the valid driver's license number, shall be
submitted for all personnel on the roster who have driving responsibilities.
Penalty: Failure to submit by the fifth of the month $250.00 per month
Failure to update list (additions/deletions) $250 per employee or independent contractor.
4. Failure to provide service for events on scheduled dates shall be deemed as non-
performance on the part of the Proposer and shall be subject to a penalty as liquidated
damages. The value of the liquidated damages is based on: (1) reduction of service level to
patrons wishing to valet park and any inconvenience derived thereof; and (2) a disincentive
to the Proposer to not provide service for all events.
Penalty: $1,000.00 per event/per day
5. Proposer must maintain a service level for vehicle returns of less than 15 minutes.
Penalty: Concessionaire must maintain a threshold of 80% of vehicle returns within the
applicable Return Performance Standard per event. Failure to do so results in a $60 (double
valet user fee) penalty for each vehicle returned beyond the applicable Return Performance
Standard.
6. Valet parking fee shall be prominently posted on signs at the entrance to the valet
parking area and the cashier booth.
Penalty: $500.00 per event/per day
7. Solicitation of gratuities is strictly forbidden.
Penalty: $500.00 per incident
8. Any and all alleged, perceived, or real incident reports/claims must be reported in writing
to the City's Parking Department within 48 hours of the incidents/claim.
Penalty: $250.00 per incident
9. Customer complaints must be responded to, in writing, within 48 hours of receipt with
copies to the City's Parking Department representative.
Penalty: $250.00 per incident
10. All employees must conduct themselves in a respectful and courteous manner when
addressing the public/customers. Conduct unbecoming shall include rude, belligerent,
hostile, quarrelsome, antagonistic, aggressive, sarcastic, contemptuous, and mocking
behavior. All employees shall further refrain from smoking, eating, and/or drinking while on
duty. Complaints pertaining to customer service, including but limited to the behavior
outlined above shall be immediately addressed by the Proposer. The City reserves the right
in its sole discretion, to determine if the employee is unfit or incompetent to perform the
duties and may require the Proposer to immediately remove the employee and replace them
with another within one (1) hour of said request. Failure of the Proposer to do so may trigger
an assessment of a penalty.
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Penalty. $100.00 per employee, per evenUper day
11. Proposer must have a software application that allows the Proposer to track the vehicle
in real-time by providing a record of events associated with each parked vehicle, such as
drop-off time, storage location, request time, and delivery time. Failure of the Proposer to do
so may trigger an assessment of a penalty.
Penalty: $100.00 per event/per day
12. Customer Service All personnel must adhere to the City's Customer Service Excellence
Standards
Penalty: Any assessment resulting in a score between 1.0 and 3.99 on a scale of 5.0 results
in a $100.00 per employee or independent contractor, per evenuper day
13. Concessionaire shall be present at the Lincoln Road location during posted hours of
operations.
Penalty:$100 per day
A2. Special Conditions
Special Conditions
1. TERM OF CONTRACT. The initial term of the Agreement shall be for one (1) year.
OPTION TO RENEW. The City, through its City Manager, will have the option to extend for
four additional (4) one-year period(s) at the City's sole discretion. The successful contractor
shall maintain, for the entirety of any renewal period, the same revenue share, terms, and
conditions included within the originally awarded contract. Continuation of the contract
beyond the initial period, and any option subsequently exercised, is a City prerogative, and
not a right of the successful contractor.
PROTECTION OF PROPERTY. The successful contractor will at all times guard against
damage to or loss of property belonging to the City of Miami Beach. It is the responsibility
of the successful contractor to replace or repair any property lost or damaged by any of its
employees. The City of Miami Beach may withhold payment or make such deductions as
it might deem necessary to ensure reimbursement for loss or damage to property through
negligence of the successful contractor, its employees, or agents.
4. LICENSES, PERMITS, AND FEES. The contractor shall obtain and pay for all licenses,
permits, and inspection fees required for this project; and shall comply with all laws,
ordinances, regulations, and building code requirements applicable to the work
contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor
for failure to obtain required licenses, permits, or fines shall be borne by the contractor.
5. EXAMINATION OF SITE RECOMMENDED. Prior to submitting its offer, it is advisable that
the contractor visit the site of the proposed locations and become familiar with any conditions
which may in any manner affect the work to be done or affect the equipment, materials, and
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEAO8D
or labor required. The contractor is also advised to examine carefully the specifications and
become thoroughly aware of any and all conditions and requirements that may in any
manner affect the work to be performed under the contract. No additional allowances will
be made because of a lack of knowledge of these conditions.
DEMONSTRATION OF EQUIPMENT REQUIRED DURING EVALUATION (if Applicable). The
purpose of this demonstration is to observe the equipment in an operational environment
and to verify its capability, suitability and adaptability in conjunction with the performance
requirements stipulated in this solicitation. The City will notify the vendor of such in writing
and will specify the date and time and location of the demonstration. The City shall be the
sole judge of the acceptability of the equipment in conformance with the specifications and
its decision shall be final.
The Equipment used for the demonstration shall be the same manufactures model identified
in the vendors offer. Accordingly, the equipment used in the demonstration shall create an
expressed warranty that the actual equipment to be provided during the contract period shall
conform to the equipment used in the demonstration.
7. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary,
or higher) with the intent of having continuously available source(s) for the services. The City
will endeavor to utilize vendors in order of award. However, the City may utilize other vendors
in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract
or delivery requirement; 2) it is in the best interest of the City, as approved by the City
Manager, to do so regardless of the reason.
DocuSign Envelope ID. 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
APPENDIX B
MIAMIBEACH
Revenue Proposal Form
2022-043-WG
VALET PARKING CONCESSION
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
APPENDIX B
REVENUE PROPOSAL FORM
Proposer affirms that the prices stated on the revenue proposal form below represent the entire cost
of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions,
specifications and other requirements stated herein, and that no claim will be made on account of
any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any
other unless a cost escalation provision is allowed herein and has been exercised by the City
Manager in advance. The Revenue Proposal Form (Appendix B) shall be completed in its entirety.
All corrections on the Revenue Proposal Form (Appendix B) shall be initialed.
1 See Appendix A, Section 4. Proposals that include a minimum guarantee of less than $215,000.00
will be rejected and shall not be considered. However, proposers are encouraged to offer a Minimum
Guarantee in excess of this amount. The proposed annual minimum guaranteed amount shall be
utilized to allocate up to 30 points in the Evaluation Process (See Section 0400 Proposal Evaluation).
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
APPENDIX C
MIAMIBEACH
Insurance Requirements
2022-043-W G
VALET PARKING CONCESSION
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
MIAMI BEACH
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of
the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to
maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of
payments or termination of the contract.
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440,
and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this
Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during
performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the
number of employees and that they are not required to carry Workers' Compensation insurance and
do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a
Certificate of Exemption.
Commercial General Liability Insurance or Garage Liability Insurance in the minimum amount of one
million dollars ($1,000,000.00) per occurrence and per location covering bodily injury and property
damage resulting from valet parking operations (including concessionaire's activities connected with
the handling of vehicles on public property).
C. Garage Keepers Legal Liability insurance to provide Collision and Comprehensive coverage for
vehicles under control of the valet parking operation, with minimum limits of $300,000 per location, with
a maximum Self -insured Retention (SIR) or deductible of $1,000.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to
all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations
performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work
or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's
insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled,
except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of
subrogation on the coverages required. However, this provision applies regardless of whether the City has received a
waiver of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A.VII or higher.
If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers
may also be considered if they are licensed and authorized to do insurance business in the State of Florida.
Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements,
or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and
endorsements are to be received and approved by the City before work commences. However, failure to obtain the
required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies, including endorsements,
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:
Certificates-miamibeach(@riskworks.corn
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
DocuSign Envelope ID: 414AE25D-2050-425B-BF01-E8E5B3D4FSF0
Contract no. 22-043-01
EXHIBIT B
CONTRACTOR'S PROPOSAL. RESPONSE TO RFP
34
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BID SUBMITTAL QUESTIONNAIRE
SECTION 1 - BID CEkl iFiCATION FOkMI
This document is a REQUIRED FORM that must be submitted fully completed and submitted.
Solicitation No: Solicitation Title:
BID NUMBER I PROJECT TITLE
BIDDER'S NAME. 1st Class Parking
NO. OF YEARS IN BUSINESS. 23 NO, OF YEARS IN BUSINESS LOCALLY: 23 NO. OF EMPLOYEES: 100
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
BIDDER PRIMARYADDRESS (HEADQUARTERS): 12550 Biscayne Blvd. Suite 300
CITY. North Miami Beach
STATE. FLORIDA ZIP CODE: 33181
TELEPHONE NO.: 3055314466
TOLL FREE NO.'.
FAX NO.:
BIDDER LOCAL ADDRESS. 12550 BISCAYNE BLVD SUITE 300
CITY. North Miami Beach
STATE: FLORIDA ZIP CODE. 33181
PRIMARYACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. WILSON MEDIORREAL
ACCOUNT REP TELEPHONE NO 7866130046
ACCOUNT REP TOLL FREE NO.
ACCOUNT REP EMAIL: vAlsonm@lstclassparking.com
FEDERAL TAX IDENTIFICATION NO. 46-4036211
By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms
and conditions of this document and the solicitation, including all addendums specifications,
attachments, exhibits, appendices and any other document referenced in the solicitation c) that the
bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded
with any other bidder or party to any other bid; d) that bidder acknowledges that all information
contained herein is part of the public domain as defined by the State of Florida Sunshine and Public
Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the
purpose of establishing a formal contractual relationship between the bidder and the City of Miami
Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all
responses, data and information contained in the bid submittal are true and accurate.
The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute
this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best
of his/her knowledge and belief.
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Wilson Mediorreal, Manager Wilson Mediorreal
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SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM
After issuance of solicitation, the City may release one or more addendum to the
solicitation, which may provide additional information to bidders or alter solicitation
requirements. The City will strive to reach every bidder having received solicitation
through the City's e-procurement system. However, bidders are solely responsible for
assuring they have received any and all addendum issued pursuant to solicitation. This
Acknowledgement of Addendum section certifies that the bidder has received all
addendum released by the City pursuant to this solicitation. Failure to obtain and
acknowledge receipt of all addenda may result in proposal disqualification.
Enter Initial
to Confirm
Receipt
Enter Initial
to Confirm
Receipt
Enter Initial to
Confirm
Receipt
Addendum 1
Addendum 6
Addendum 11
Addendum 2
Addendum 7
Addendum 12
Addendum 3
Addendum 8
Addendum 13
Addendum 4
Addendum 9
Addendum 14
Addendum 5
Addendum 10
Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
SECTION 3 - CONFLICT OF INTEREST
All bidders must disclose the name(s) of any officer, director, agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City
of Miami Beach. Further, all bidders must disclose the name of any City employee who
owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder
entity or any of its affiliates
1
2
3
4
5
6
SFrTION 4 - FINANCIAL CAPACITY
At time of request by the City, bidder shall request that Dun & Bradstreet submit
its Supplier Qualifier Report directly to the City, with bid or within three (3) days
of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) directly to the City. No proposal will be considered without
receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The
cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder
shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?
storeld=11696
Bidders are responsible for the accuracy of the information contained in its
SQR. It is highly recommended that each bidder review the information
contained in its SQR for accuracy prior to submittal to the City and as early as
possible in the solicitation process. For assistance with any portion of the SQR
submittal process, contact Dun & Bradstreet at 800-424-2495.
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
SECTION 5 - REFERENCES AND PAST PERFORMANCE
Project No. BID NUMBER
Project Title PROJECT TITLE
3idder shall submit at least three (3) references for whom the bidder has completec
work similar in size and nature as the work referenced in solicitation. Bidder may
submit additional references as part of its bids submittal.
Reference No.1
Firm Name: MIAMI BEACH CONVENTION CENTER
Contact Individual Name and Title: FREDDIE PETERSON, General Manager
Address: 1901 CONVENTION CENTER DRIVE
Telephone: 786.276.2620
Contact's Email: Freddie_Peterson@miamibeachconvention.com
Narrative on Scope of Services Provided:
Current provider of Valet parking Service for the concession for the City of Miami Beach.
Reference No.2
Firm Name: GARBER AND GOODMAN ADVERTISING
Contact Individual Name and Title: BOB GOODMAN, Owner
Address: 300 41ST STREET, SUITE 214
Telephone: 305.673.5177
Contact's Email: bgoodman@garberandgoodman.com
Narrative on Scope of Services Provided:
Provide parking services for the Art Basel Event at the Miami Beach Convention Center
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Reference No.3
Firm Name: PEMBROKE PINES CONVENTION CITY CENTER
Contact Individual Name and Title: ROLANDO SILVA, GENERAL MANAGER
Address: 601 City Center Way, Pembroke Pines, FI 33025
Telephone: 954.392.9482
Contact's Email: rsilva@ppines.com
Narrative on Scope of Services Provided:
Exclusive Provider for valet parking services for the events at this Convention Center.
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
SECTION S — SUSPENSION, DEBARMENT, OR CONTRACT
rANC-EI_..I ATION
Has bidder ever been debarred, suspended or other legal violation, or had a contract
cancelled due to non-performance by any public sector agency?
YES NO
If answer to above is "YES," bidder shall submit a statement detailing the reasons that
led to action(s):
SECTION i - SMALL AN UISADVANTAGEU BUSINESS
CERTIFICATION
Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged
Businesses, as certified by Miami -Dade County that have been certified as Small or
Disadvantaged Business by Miami -Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami -Dade
County?
Q]YES p0 NO
Af,'_ r7.^ T I '*!1, ' n "BT BUSMESS 7"lTERPRe"T "ERTI`^ '�TIOR
Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned
firms that have been certified as an LGBT Business Enterprise by the National Gay
and Lesbian Chamber of Commerce (NGLCC).
Does bidder possess LGBT Business Enterprise Certification by the NGLCC?
Ij YES NO
Sit(. I IUN v - 6YRD ANTI -LOBBYING AMENDMENT CERTIFICAT'°
FORM
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Contractor certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and
disclosure, if any.
By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying
Amendment Certification.
Name and Title of Bidder's Authorized Signature of Bidder 's Authorized
Representative: Representative:
Wilson Mediorreal, Manager Wilson Mediorreal
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SECTION 10 - SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the contractor is required to verify that none of the Contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The Contractor further agrees to include a provision requiring
such compliance in its lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
Name and Title of Bidder's Authorized Signature of Bidder 's Authorized
Representative: Representative:
Wilson Mediorreal, Manager Wilson Mediorreal
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SECTION 11 — CONE OF SILENCE
Pursuant to Section 2-486 of the City Code, all procurement solicitations once
advertised and until an award recommendation has been forwarded to the City
Commission by the City Manager are under the "Cone of Silence." The Cone of
Silence ordinance is available
at https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1
Any communication or inquiry in reference to this solicitation with any City employee or
City official is strictly prohibited with the of exception communications with the
Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding
this solicitation are to be submitted in writing to the Procurement Contact named herein
with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov .
By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of
Silence Ordinance, pursuant to Section 2-486 of the City Code.
SECTION 1,'f CODS` 171F BUSINESS ETHICS
Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business
Ethics prior to executing a contract with the City. The Code of Business Ethics shall be
submitted to the Procurement Department with its response or within three (3) days of
request by the City. The Code shall, at a minimum, require the Bidder, to comply with
all applicable governmental rules and regulations including, among others, the conflict
of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of
Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the
City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gQy/city-
hall/procurement/procurement-related-ordinance-and-procedures/
Bidder will submit firm's Code of Business Ethics within three (3) days of request by
the City?
YES NO
Bidder adopts the City of Miami Beach Code of Business Ethics?
p� YES NO
SECTION 13 - LOBBYIST REGISTRATION & CAMPAIGN
CONTP"gUTION REQUIP'-`-TNTS
This solicitation is subject to, and all bidders are expected to be or become familiar
with, all City lobbyist laws, including lobbyist registration requirements and prohibition
on campaign contributions, including:
• Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City
Code
(https://Iibrary..municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO)
• Campaign Contribution Requirements sections 2-487 and 2-488 of City Code
(https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE)
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
By virtue of submitting bid, bidder certifies or affirms that they have read and
understand the above Lobbyist Registration & Campaign Contribution Requirements.
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SECTION 14 - NON-DISCRIMINATION
The Non -Discrimination ordinance is available at:
https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA
By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section
2-375 of the City of Miami Beach City Code.
- r-, -rx, x' .4 111x 1 ^ - r,.-OUIREMENT
The Fair Chance Ordinance No. 2016-4012 is available at:
https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH62HURE ARTVFACHOR
By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards
consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with
supporting documentation evidencing its compliance upon request. Bidder further agrees that
any breach of the representations made herein shall constitute a material breach of contract,
and shall entitle the City to the immediate termination for cause of the agreement, in addition to
any damages that may be available at law and in equity.
SECTION 16 - PUBLIC ENTITY CRIMPS
Please refer to Section 287.133(2)(a), Florida Statutes, available at:
https://www.flsenate.gov/Laws/Statutes/2012/287.133
By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida
Statutes, and certifies it has not been placed on convicted vendor list.
SECTION 17 - VETERAN BUSINESS ENTERPRISES PREFERENCE
Pursuant to City of Miami Beach Ordinance No. 2011-
3748, https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-
374PRPRPRVEC00000SE the City shall give a preference to a responsive and
responsible bidder which is a small business concern owned and controlled by a
veteran(s) or which is a service -disabled veteran business enterprise, and which is
within five percent (5%) of the lowest and best bidder, by providing such bidder an
opportunity of providing said goods or contractual services for the lowest responsive
bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of
two (2) or more bidders which are a small business concern owned and controlled by a
veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid
pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such
bids are responsive, responsible and otherwise equal with respect to quality and
service, then the award shall be made to the service -disabled veteran business
enterprise.
Is the bidder a service -disabled veteran business enterprise certified by the State of Florida?
I YES 0 NO
Is the bidder a service -disabled veteran business enterprise certified by the United States
Federal Government?
IJ YES 0 NO
DocuSign Envelope ID 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
RFP #: 2022 - 0 4 3 - WG
Valet Parking Concession for
The City of Miami Beach
Provided by
1 ST CLASS PARKING
12250 BISCAYNE BLVD. - SUITE 300 - NORTH MIAMI BEACH, FL 33181
21
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
TAB 1 - COVER LETTER AND MINIMUM QUALIFICATIONS
REQUIREMENTS
October 24th, 2022
Mr. William Garviso
Procurement Department, 31
Floor City of Miami Beach
1755 Meridian Avenue
Miami Beach, FL 33139
RE: RFP 2022-043-WG, Valet Parking
Concession Dear Mr. Garviso:
1st Class Parking (" 1st Class") proudly submits its proposal in response to RFP 2022-043-
WG, Valet Parking Concession (the "RFP"). 1 st Class designates as its Primary Contact for the
RFP:
Mr. Wilson Mediorreal
I st Class Parking
12550 Biscayne Blvd., Suite 300
North Miami Beach, FL 33181
wilsonm(al stclassparking.com
1 st Class manages and operates one of the oldest valet parking companies in Miami -Dade
County, and for over 22 years, 1 st Class has proudly provided valet parking services at all City of
Miami Beach ("Miami Beach") functions and events. In addition to Miami Beach, 1 st Class provides
valet services to a roster of clients that includes a number of condominiums and hotels, as well as
other numerous other property owners, charities and promoters that hold significant events
throughout Miami -Dade and Broward counties.
Not only does 1 st Class operate one of the oldest valet companies in Florida, it also is among
the largest and most experienced valet companies in the South Florida market. As its CEO &
founder of the company, I have spent my entire professional career working in the parking field
since the inception of 1 st Class in 1998. As a graduate of Florida International University in 2001, with
a bachelor's degree in business, I have worked tirelessly to build 1st Class into a company dedicated to
providing the highest level of customer service in the industry. To achieve that goal, I have assembled
a talented team of professionals that are the best in the industry. Our team is driven by the 1 st
Class's commit to be your "Directors of First Impression. "® said Jorge Zu/aga.
111 Class recognizes that valet service is both the 1 st and last impression a patron will develop
of any event or venue. Valet service is about more than just parking and retrieving vehicles for your
patrons; it is about providing a safe, convenient and courteous experience that complements and
enhances your event or venue. That is why we have made customer service the focus of our
business.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(a)lstclassnarkine.com • Web: www.lstclassparking.com
31
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
To cement our commitment and focus in this area, each of our company's supervisors participates
in a profit sharing plan designed to reinforce an atmosphere of employee ownership and ensure the
highest -level of service to patrons at each of our many locations.
Our valets are fundamental to 1st Class's focus on customer service. As a result, 1st Class has
developed an extensive selection process, which is implemented by 1 st Class's well -qualified human
resources department. All applicants must pass extensive background checks, driving tests and drug tests
to be considered for employment. Our HR Director and location managers conduct meaningful
interviews of applicants designed to identify applicants that share 1 st Class's commitment to customer
service.
1 st Class is never content and is always striving to make your patrons' valet experience better.
As a result, 1 st Class is constantly innovating with new and creative operational and management
techniques based upon our collective experience. We proudly provide valet service for Miami Beach
venues, including the Miami Beach Convention Center, the Jackie Gleason Theatre (The Fillmore),
Bass Museum, the Miami Beach Botanical Gardens and the New World Symphony. 1st Class also
boasts an expanding client roster that includes some of South Florida's most significant performance
venues, largest companies, notable charities, foundations and congregations, and influential individuals,
including the Pembroke Pines City Center, Alonzo Mourning Foundation, Estefan Enterprises, Temple
Beth Shmuel, Temple Emanu-El, Cuban Hebrew Congregation and Roy Black & his family
foundations.
1 st Class's success and growth is a direct result of its focus on customer service, as word of 1 st
Class's excellent service spreads throughout South Florida. We recognize that continued growth requires
a consistent focus on the customer. As our capacity continues to grow, we are better able to tailor our
services to meet each of our client's individual needs, no matter how unique they may be.
1 st Class is mindful of and thankful for the substantial role that Miami Beach has played in 1 st
Class's success. Miami Beach is, and will remain, our number one client. We have been Miami Beach's
partner through all of the recent changes and construction, and we look forward to working hard to help
Miami Beach realize its bright new vision. Hand -in -hand with Miami Beach, 1st Class is committed to
leaving a lasting impression of excellence with patrons of the Fillmore, the Jackie Gleason Theater of
Performing Arts, Miami Beach Convention Center, and other Miami Beach venues and events.
Given our comprehensive experience with and knowledge of Miami Beach's venues, events and
patrons, no company is better -positioned to excel in meeting and exceeding all of Miami Beach's valet
parking service needs. 1 st Class looks forward to continuing it partnership with The City of Miami Beach.
Respectfully,
Wilson Mediorreal
President
I' Class Parking
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: infoa lstclassuarkine.com • Web: www.Istclassparking.com
41
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SECTION 1.1 — TABLE OF CONTENTS
TABLE OF CONTENTS
TAB
1.1 —Cover Letter
TAB2
2.1— Qualifications of Proposing Firm
2.2 — Qualifications of Proposer Team
TAB3
Approach and Methodology 15
TAB4
Public Benefit 38
TABS
Revenue Proposal 39
11 Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(a)1stclassaarkine.com • Web: www.Istclassparking.com
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
SECTION 7 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSLa
AND EMPLOYEES WITH DOMESTIC PARTNERS
When awarding competitively solicited contracts valued at over $100,000 whose contractors
maintain 51 or more full time employees on their payrolls during 20 or more calendar work
weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain
contractors doing business with the City of Miami Beach, who are awarded a contract pursuant
to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as
they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the
Contractor's employees located in the United States, but outside of the City of Miami Beach
limits, who are directly performing work on the contract within the City of Miami Beach.
Does bidder provide or offer access to any benefits to employees with spouses or to spouses
of employees?
I] YES NO
Does bidder provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners or to domestic partners of employees?
Ij YES NO
Please check all benefits that apply to your answers above and list in the "other" section any
additional benefits not already specified. Note: some benefits are provided to employees
because they have a spouse or domestic partner, such as bereavement leave; other benefits
are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT
Bidder Provides for
Employees with
Spouses
Bidder Provides for
Employees with
Domestic Partners
Bidder does not
Provide Benefit
Health
yes
yes
Sick Leave
yes
yes
Family Medical Leave
yes
yes
Bereavement Leave
yes
yes
If Bidders cannot offer a benefit to domestic partners because of reasons outside your control,
(e.g., there are no insurance providers in your area willing to offer domestic partner coverage)
you may be eligible for Reasonable Measures compliance. To comply on this basis, you must
agree to pay a cash equivalent and submit a completed Reasonable Measures Application with
all necessary documentation. Your Reasonable Measures Application will be reviewed for
consideration by the City Manager, or his designee. Approval is not guaranteed and the City
Manager's decision is final. Further information on the Equal Benefits requirement is available
at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-
procedures/
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TAB 2 -- EXPERIENCE & QUALIFICATIONS
SECTION 2.1 — QUALIFICATIONS OF PROPOSING FIRM
HISTORY AND RELEVANT EXPERIENCE
1st Class was established in South Florida in 1998. 1st Class presently has a staff of over 250
employees working in various locations throughout South Florida. Our management team supervises
valet parking services for clients ranging from individuals hosting a private party to events like the Boat
Show and Art Basel at the Miami Beach Convention Center.
Currently, 1st Class serves as the incumbent provider of valet parking services to the City of
Miami Beach. Our current contract with Miami Beach includes the provision of services to
facilities/institutions such as the Miami Beach Convention Center, Miami Beach Botanical Garden, the
Jackie Gleason Theater, and the Lincoln Theater. Collectively, 1 st Class and, its predecessor -in- interest
to the Miami Beach contract, have operated the city's valet parking services concession for more than
20 years.
Beyond our current engagements in Miami Beach, 1st Class also provides valet services to
clients located in Miami -Dade, Coral Gables, Downtown Miami, Downtown Ft. Lauderdale, Aventura,
Bay Harbor, Key Biscayne and more. I st Class has also provided bonded valet parking services to many
prominent businesses, property owners, charities and event promoters.
P' Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infoa-)1stc1assaarkinQ.com • Web: www.lstelassparking.com
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EVIDENCE OF SIMILAR EXPERIENCE
Although Miami Beach need look no further than 1 st Class's direct experience providing valet parking services
to the venues and events covered by this RFP since 2006, please see 1 st Class's Evidence of Similar
Experience
Miami Beach Convention Center
City of Miami Beach/Spectra Venue Management
Freddie Peterson, General Manager
Phone No.: (786) 276.2620
Email: Freddie_Petersonna,miamibeachconvention.com
Tenure: Since 2006
Project Description: Provision of all valet parking services for Miami Beach Convention Center.
Jackie Gleason Theater (The Fillmore)
City of Miami Beach
IsaiahLewis, OperationsManager
Phone No.: (856) 357.2879
Email: isaiahlewis(aa-)livenation.com
Tenure: Since 2006
Project Description: Provision of all valet parking services for Jackie Gleason Theater.
New World Symphony
Jack Mizutani, Senior Director of Special events
Phone No.: (305) 428.6777
Email: Jack.Mizutaniaa_,nws.edu
Tenure: Since 2006
Project Description: Provision of all valet parking services for the New World Symphony
Pembroke Pines City Center
Rolando Silva, General Manager
Phone No.: (954) 392-9482
Email: rsilva(&pyines.com
Tenure: Since 2016
Project Description: Provision of all valet parking services for the Pembroke Pines City Center
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: infoa Istclassuarkina.com • Web: www.lstclassparking.com
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FINANCIAL CAPACITY
1 st Class is debt free and has ample cash reserves. Our company is on very sound financial
footing, and as such, would continue to prove an excellent partner for Miami Beach. As a privately held
corporation, we adhere to very stringent standards of financial reporting and accountability. Should
Miami Beach choose to continue its partnership with I st Class, you can rest assured that 1 st Class is fully
capable of satisfying the financial obligations required by its contractual relationship with Miami Beach.
If requested by Miami Beach, 1 st Class will arrange for Dunn & Bradstreet to submit a Supplier
Qualification Report directly to the specified Procurement Contact.
A PASSION FOR CUSTOMER SERVICE EXCELLENCE
1 st Class is highly experienced in the operation of valet parking concessions, especially in
high traffic areas frequented by pedestrians. We are also proud of our record of service in other
local municipalities including the cities of Coral Springs and Pembroke Pines.
A hallmark of our service is the special consideration we give the elderly, the handicapped and
tourists. We would like to propose implementing a special pricing program for Miami Beach
residents and look forward to discussing such a program with administration.
1 st Class fully understands that our level of service directly affects the reputation for quality and
excellence for each of the venues we serve. To that end, 1 st Class proudly attends and
participates in the Customer and You program put on by Unidad and Miami Beach. We believe
our improved service record is the best evidence of why we should be selected to manage this
concession. Our company is confident that it can exceed the service levels requested throughout
these proposals (RFP). 1 st Class Parking, LLC also agrees to honor any request from the city to
remove an unsuitable employee working at a location within the scope of this concession
agreement.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infoCa.lstclassoarkine.com • Web: www.lstclassparking.com
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SECTION 2.2 — QUALIFICATIONS OF PROPOSER TEAM
PRINCIPALS
Jorge A. Zuluaga
CEO
Jorge has been in the valet parking services industry since founding lst Class in 1998 to fulfill
his vision of putting customer service above all else in providing valet parking services. Jorge's
dedication to this vision has made 1 st Class the local leader in the industry. Jorge is a graduate of Florida
International University, where he received his Bachelor of Science in Business Administration in 2001.
Wilson Mediorreal
President
Wilson has over 22 years of experience in the parking industry, beginning his career at Park
One of Florida, LLC in 2000. Wilson joined 1 st Class in 2014 to implement new technology and develop
new systems to bring 1st Class to the cutting edge of valet parking services. Wilson has a Bachelor of
Science in Economic Science from Universidad La Gran Colombia and a Bachelor of Science in
Systems Engineering from Universidad Nacional de Colombia. Wilson has brought substantial expertise
in new technologies and platforms to 1 st Class, and helps ensure that 1 st Class adapts to the technological
needs of om clients' events and patrons.
CRITICAL MANAGEMENT AND ADMINISTRATIVE STAFF
The success of 1st Class is built upon the quality and dedication of its critical management and
administrative staff. Enclosed please find a summary of 1st Class's Critical Management and
Administrative Staff.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(a)Istclassoarkine.com • Web: www.lstclassparking.com
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SEBASTL4NLOPEZ
Operations Manager
Sebastian has a Bachelor of Science in Hospitality Management from Johnson & Wales
University. Sebastian oversees management of all of 1 st Class's venues and events.
As an expert communicator and problem solver, Sebastian allows 1 st Class to nimbly
identify issues of concern and find solutions before they become problems impacting
customer satisfaction.
In Miami Beach, Sebastian ensures that valet parking services at the Miami Beach
Convention Center and The Fillmore are working harmoniously and to their highest
potential. Sebastian is responsible for coordinating activities and functions within these
segments, managing the staff that fulfills them, and maintaining the company's overall
health in doing so. He is also responsible for ensuring financial success by creating and
implementing budgets and budget -oriented management of financial resources. It is
Sebastian's job to effectively communicate company goals and objectives and make sure
they are being met.
Mario Hidalgo
Area Manager - Special Events Manager
As an Area Manager, Mario is responsible of managing the overall operations
of Miami Beach's venues, and managing and allocating resources for successful
operations onsite. Mario's responsibilities include client relations, facility revenue
control, scheduling management, budget analysis and payroll reports. Manuel is also
responsible for developing, planning, organizing and implementing cost control
procedures to ensure compliance with customer specific contract requirements for
multiple accounts.
Some of Mario's primary duties related to the Miami Beach Convention Center are:
• Training and scheduling of associates
• Budgeting
• Completing and submitting accurate and timely weekly reports as required
• Developing new procedures to enhance daily operations
• Tracking inventory uniform supplies
• Setting and achieving quarterly goals based on upper management expectations
• Maintaining cooperative working relationships with all necessary agencies and
departments
• Coordinating with all relevant departments for daily and weekly meetings
Developing and maintaining client relationships
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(&Istclassnarkine.com • Web: www.Istclassparking.com
101PaPe
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Stefany Sanchez
Human Resources Director
Human development and social and corporate welfare management specialist. A
psychologist with experience at market research, recruitment of professionals, parking
attendants, supervisors and location managers for different sectors, competency
assessments, welfare programs design, satisfaction service surveys, customer loyalty,
sales and telemarketing strategy.
As an HR Manager she is responsible for accounts performance, guest satisfaction, client
satisfaction, and overall customer service.
ADRIANA CABRERA
Accounting Director
Adriana has a bachelor's in economics and International Business from Universidad Icesi.
Adriana over ten years of experience in financial reporting, compliance, budget,
operational projections, prepared invoices, operational projections, inventory,
reconcilement of banking accounts through QuickBooks and payroll.
As Accounting Director, Adriana is in charge of producing monthly reports to be given to
the Parking Department.
Martha Liliana Perez
Accounting Bookkeeper
Martha has 5 years of experience as a bookkeeper for 1 st Class. Martha is in charge of
tracking and controlling each one of the parking transactions done at the Miami Beach
Convention Center and different venues of the parking concession. Martha oversees day to
day reports produced by the Flash Valet System.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: infona lstclassparkine.com • Web: www.lstclassparking.com
111Pa�, o
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ANGELA PARRA
Events - Ramp Supervisor
Angela has a Bachelor in Business Administration from Politecnico Grancolombiano.
Angela has been with 1 st Class Parking at The Fillmore operation for over 5 years, and
her positive attitude and behavior demonstrate her awareness and willingness to respond
to customer needs, requirements and expectations. Angela has helped 1 st Class to
continue improving our level of service at the Miami Beach Convention Center.
MARIA MONTES
Events - Ramp Supervisor
Maria has a Bachelor in International Business from Politecnico Grancolombiano, and is a
certified trainer, with experience in project administration and customer service. Maria has
been with 1 st Class since 2016 in charge of special events at The Miam Beach Convention
Center. Maria's commitment to excellence in service and positive attitude leaves a
memorable lasting impression on customers.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(a lstclassparkine.com • Web: www.lstclassparking.com
OPERATIONS
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PERSONNEL
1 st Class Parking is committed to the success of Miami Beach's valet parking services program,
which begins with the valet personnel interacting directly with your patrons. Our company also prides
itself on being an equal oppoItunity employer. Paramount in om efforts to recruit the right personnel is
our desire to operate in a manner that exceeds Miami Beach's perfolmance expectations and realizes
its bright vision. To ensure that your patrons receive the highest quality of customer service, each of 1 st
Class's applicants for employment is subjected to a full criminal background check, as well as a review
of their driving record. Any adverse history in either area disqualifies the applicant.
1st Class feels it is critical that front line employees have a command of the English language
that is sufficient to ensure a fluid interaction with patrons. Interested candidates who make a favorable
impression during an initial phone interview are asked to visit our office and submit a completed
application. All completed applications are carefully reviewed. Only applications that are properly
completed are considered.
After an interview is completed, a decision is made regarding whether an offer of employment
should be extended. If an offer of employment is extended, final hiring is conditioned on the successful
completion of a pre -employment review of the applicant's criminal background, driving history, and
drug screening.
• Criminal Background Check & Driving History Review: During the application process,
applicants are required to provide a criminal background clearance letter. We find that having
this procedure helps to eliminate many future potential problems. In addition to the criminal
background check, 1 st Class also scrutinizes each applicant's driving record. Similar reviews
are conducted on an annual basis for all 1st Class Parking employees.
Drug Testing Policy: Prior to commencing their employment, each applicant, regardless of
their full-time or part-time status, are required to submit to a drug test. All of our company's
employees are also subject to random testing.
Our management strives to continually review and evaluate 1st Class's performance in a
continuous effort to improve upon and enhance 1 st Class's excellent, personnel -driven customer service.
1 st Class strives to work closely with our clients and their partners to obtain feedback about past
performance and elicit their insight about proposed modifications to our operation and their impact on
patron satisfaction.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: infona lstclassaarkine.com • Web: www.lstclassparking.com
141P1-,
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PROFESSIONAL SERVICES
To ensure readily available expertise in all areas related to the valet parking services industry
and contractual performance requirements, 1 st Class calls on services of the following professionals:
Legal
JAVIER E. FERNANDEZ, ESQ.
SM&GQ Attorneys
1200 Brickell Avenue I Suite 950 1 Miami, Florida 33131
Office:305.377.1000 Ext. 116 1 Cell:305.761.2274
jfernandegasmgglaw.com I SMGOLAW.com
Alan A. Glenn, Esq.
Ofc. - (305) 992-5132
Cell - (786) 513-2461
E-mail: aelenn2006(a vahoo.com
Accounting/Tax
Andres Rodriguez
R&P Accounting & Taxes, Inc.
200 SE 1 st Street, Suite 604
Miami, FL 33131 USA
Ofc.- (305) 358-1310
E-mail:
andres.rodriguez@!paccounting.com
www.rpaccounting.com
Insurance
Leticia Useche
Atrio Insurance
Ofc. - (305) 400-8741 Ext. 8110
Fax.- (786) 899 3538
E-mail: luseche(a�atrioinsurance.com
V Class Parking • 12250 Biscayne Blvd.• Suite 300 • North Miami Beach, FL33181 Ph.305.531.4466
Fax. 786.513.2711 • Email: info(cHstclassoarkini!.com • Web: www.Istclassparking.com
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TAB 3 - APPROACH AND METHODOLOGY
1st Class's approach and methodology in providing valet parking services to Miami Beach
under this RFP is set forth in 1 st Class's Operational Plan. Please find the Operational Plan enclosed.
1 st Class hereby asserts that its Operational Plan is confidential and exempt from disclosure
under Florida's Public Records Act pursuant to§§ 815.045 and 812.081, Florida Statutes, as well as
the holding and reasoning of the 1 st District Court of Appeal in Sepro C01p. v. Florida Dept. of
Environmental Protection, 839 So. 2d 731 (Fla. 1st DCA 2003). The Operational Plan contains
information that is secret, of value, created for use in and is in fact used 1 st Class's advantage in their
business operations. Disclosure of the Operational Plan would provide the 1 st Class's competitors an
opportunity to obtain an unfair business advantage over them.
OPERATIONAL PLAN
1 st Class Parking Systems LLC ("I st Class") is enthusiastic about continuing its successful
partnership with the City of Miami Beach ("Miami Beach"). 1 st Class believes that any respondent
wishing to provide valet parking services to the Miami Beach Convention Center, The Fillmore at
the Jackie Gleason Theater, and other venues and events included in this solicitation must commit
to providing outstanding customer service through:
• Development of a detailed set of standard operating procedures.
e Development of contingency plans for specific events and venues to nimbly adapt to
unforeseen changes on the ground.
• Implementation of rigorous audit and revenue security procedures.
• Commitment to developing and maintaining the highest quality workforce through the
detailed assessment and election of employment candidates, and the provision of
comprehensive employee training, competitive pay, a friendly workplace, and
opportunities for advancement within the company.
• Commitment to using cutting edge technology to improve the customer experience and
leave a lasting impression of excellence.
• Continual investment in new and updated equipment and signage.
• Investment in Miami Beach as a true community partner and corporate citizen.
• Provide leadership through an experienced management team mindful of expanding
opportunities for improved financial results, both for itself and its partners, and to satisfying
the reporting requirements and services standard set forth in its contract.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(&Istclassaarkine.com • Web: www.lstclassparking.com
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1st Class is proud of its service to Miami Beach and counts its partnership with Miami
Beach among its most important relationships. 1st Class's partnership with Miami Beach has
provided it with a number of intangible benefits that have fueled our growth in Miami -Dade and
Broward. Because we view this contract to be central our corporate expansion plans, we will
continue to provide to the city of Miami Beach an unprecedented level of direct involvement by
senior management in all aspects of the operation. The city and its partners in the operations of the
venues to be serviced under the valet concession agreement can rest assured of our personal
commitment to the seamless operation and success of the valet concession.
STANDARD OPERATING PROCEDURES
1 st Class's standard operating procedures consist of the following:
1. Arrive 1 to 2 hours prior to each event. For larger, signature events, staff will arrive
well in advance of the 1 to 2-hour timeframe indicated above.
2. Work closely and coordinate with staff, Spectra Venue Management, Live Nation, and
other venue operators providing service to the included venues and events to ensure the
seamless coordination of every event, enhance the customer experience and improve
the efficiency of operations.
3. Provide a detailed event -specific operations plan, with maps if needed, to Miami Beach
and its venue managers and service providers prior to each event. It is our belief that
providing our partners with a written "plan of attack" prior to each event will allow us
to best address our customer's unique needs and ensure the provision of efficient and
safe customer service.
4. Provide security for the vehicle storage area. Security will arrive as early as needed in
order to ensure that each of the storage locations is adequately protected. Security
personnel are equipped with radios.
5. Prepare alternate routes in case of heavy traffic and other contingencies in advance of
deploying for each event.
6. Deploy parking lot attendants, when circumstances require, to direct entering and
exiting valets.
7. Provide radios to essential personnel in order to ensure constant communication and
coordination.
8. Provide the necessary directional signage for the benefit of patrons and to expedite in-
bound and out -bound traffic.
9. Utilize a 5-part ticket system in the operation of the valet concession. In a 5-part ticket
system, one ticket is used by the valet, one ticket is attached to the keys, one ticket
remains in the vehicle, and two tickets are provided to the customer. All parts of the
ticket stub have the same number.
1" Class Parking - 12250 Biscayne Blvd.- Suite 300 - North Miami Beach, FL33181 Ph. 305.531.4466 -
Fax. 786.513.2711 - Email: info(& I stclasspa rkinj!.com - Web: www.lstclassparking.com
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To illustrate how the ticket system is utilized, when the customer drives up to the valet
booth they are given two stubs, which they take to the cashier in order to retrieve the
car at the end of an event. The cashier will take one of the two stubs and will give the
other to the customer to prove ownership upon vehicle delivery. The valet runner who
parks the car will leave one ticket stub with the car and attach a second stub to the keys,
noting the location where the car is parked, vehicle identifying information, and
attendant's name on it. The keys are brought to key controller booth where the key
controller logs in the keys and records the name of the valet who parked the car in the
Flash Valet system.
10. Efficiently distribute the pick-ups to each valet from the side of the ramp at the
conclusion of an event, until all cars have been retrieved. (Depending on the size of
the event, the estimated wait time for customers departing en mass ranges from 4 to 15
minutes).
11. Maintain attendants onsite for up to 2 hours after event close to allow customers ample
opportunity to claim their vehicle. If the customer does not retrieve their vehicle within
that 2-hour period, we place a note on their windshield with a phone number they can
call in order to have their keys delivered to them.
12. Continuously remove any trash or debris from the valet parking and parking storage
areas.
13. Recycle all valet parking tickets used during an event.
14. Provide a single, secure storage location for all equipment and supplies used to operate
the concession.
VENUE -SPECIFIC STANDARD OPERATING PROCEDURES
The Fillmore at the Jackie Gleason Theater
As noted above, on the morning prior to any show a 1 st Class Parking supervisor will contact the
theater's management to confirm the total number of advance ticket sales. Based on this
information and our past experience managing this facility, we will finalize to set our staffing
levels for the upcoming show or event to ensure the efficient operation of the valet concession.
Miami Beach Convention Center
Based on our extensive experience, most of the patrons of the many trade shows hosted at the
convention center do not use valet parking as their primary parking alternative. If the show utilizes
two (2) exhibition halls, we will initially staff the show with a total of 10 runners - five
(5) runners on each hall. As the show progresses, we will augment or reduce the number of runners
as the shows goes on. If the one or more of halls utilized is on Washington Avenue, our initial
staffing levels for such events will be slightly higher.
I" Class Parking - 12250 Biscayne Blvd.- Suite 300 - North Miami Beach, FL 33181 Ph. 305.531.4466 -
Fax. 786.513.2711 - Email: infona lstclassparkine.com - Web: www.lstclassparking.com
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Lincoln Road Mall, the Colony Theater & other locations:
1 st Class will provide the necessary staffing for the various locations assigned by Miami Beach
Parking Department. At a minimum, 1 st Class will have 10 attendants on stand-by at all times to
service the demands of these locations. With the implementation of the Flash valet system, patrons
will be able to deliver their vehicles at one specific valet station, enjoy the walk thru Lincoln Road
and the surrounding areas and finally request their vehicle at any of the valet stations located along
Miami Beach.
APPEARANCE - LITTER AND MAINTENANCE
1st Class is committed to maintaining a clean working environment. Our staff will
continuously clean up any debris or trash from the valet parking operations, in order to ensure the
maintenance of a professional working environment. 1 st Class will discard all used valet parking
receipts and remove all trash from the concession area before, during, and after the scheduled
events.
INCLEMENT WEATHER
1st Class Parking has acquired the necessary equipment to work through inclement weather, Site
umbrellas, personal umbrellas, rain covers, towels and others to maintain our level of service.
1" Class Parking - 12250 Biscayne Blvd.- Suite 300 - North Miami Beach, FL 33181 Ph. 305.531.4466 -
Fax. 786.513.2711 - Email: infona lstclassoarkine.com - Web: www.lstelassparking.com
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VALET OPERATIONS EQUIPMENT
Annually, 1 st Class reviews its inventory of equipment to assess its condition and purchase
any replacement equipment and make any necessary improvements. 1 st impressions of the Miami
Beach Convention Center are very important to 1 st Class, and we are mindful of the impact that
our equipment and uniforms have on that all important 1 st impression.
Essential items of equipment utilized in the concession operation include:
• Uniforms for the valet staff;
• Staff name tags;
• Iphones - Ipads (Flash Valet)
• Credit card machines
• 2-24 hours cell phones;
• Portable signage;
• Portable valet stands;
• 5-Part valet parking tickets;
• Traffic control devices (vests, parking wands and safety cones);
• Radios;
• Oversized umbrellas for customers in the event of rain;
• Office supplies for parking administration;
• A safe for monetary deposits (located in one of our locations);
• Large, off -site storage unit;
• Miscellaneous supplies that may be needed by our attendants in order to make the
operation a success.
Some examples of the equipment proposed for use in the future operation of the valet concession
is located on the following pages. 1 st Class will select any future equipment after consultations
with Spectra & Live Nation and subject to the approval of the Miami Beach Parking Department.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infoaUstclassaarkine.com • Web: www.lstclassparking.com
201Pa,,
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VALET AREA SETUP
PODIUMS
VALET VALET
PARKING PARKING
ONLY ONLY
UMBRELLAS
PORTABLE DELINEATORS
103 in
132 .n
PORTABLE BENCHES
V Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(&Istclassparkine.com • Web: www.Istclassparking.com
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KEY STORAGE
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: infona lstclassaarkina.com • Web: www.Istclassparking.com
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EQUIPMENT
[PHONES
IPADS
SCANNERS RADIOS —EAR PIECES
0
0
0
0
0
CAMERAS
PORTABLE DISPLAY
I" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph.305.531.4466
Fax. 786.513.2711 • Email: info(&Istclassaarkin¢.com • Web: www.lstclassparking.com
23 1 P :a , r
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
To provide a better experience to your patrons, 1 st Class has incorporated a portable system to
announce vehicles that are arriving at the ramp and the estimated time of arrival for the vehicles
that are on queue.
As part of the improvement of the Customer Service experience, 1st Class has also
incorporated a portable camera system which will be manage by a command center.
r
1. .V
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(a),lstclassparkine.com • Web: www.Istclassparking.com
24 1 i' ,
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
Command Center
Quality Assurance -
Customer Service audits
Vehicle Tracking and vehicle
damage control
Revenue Control System
SIGNAGE
All signage will be provided by 1 st Class, subject to approval of Miami Beach and in
keeping with all applicable requirements. Below please find samples of signage currently
employed by 1 st Class under its current concession agreement.
I" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466 -
Fax. 786.513.2711 • Email: infona lstclassparkine.com • Web: www.Istclassparking.com
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DocuSign Envelope ID: 88A72A4A-8D6A-4815-875C-14AD77DEA08D
Sign Only!
Sign with Stand
Sign Only!
Sign with Stand
TICKETING
1 st Class currently uses sequentially numbered, pre-printed tickets for all of its transactions.
1st Class acknowledges that any tickets utilized under its valet parking services agreement with
Miami Beach must be approved by the City Manager. Any ticket records and/or information
regarding gross receipts will be made available for inspection by Miami Beach upon request.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(& I stclassnarkine.com • Web: www.lstclassparking.com
26 1 ;
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
CHECK
THE PI LLMORE veHl
--517001
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PI,RI(ING RECEIPT 517001
THE FILLMORE
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CONVENTION CENTER
""133500
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I" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(&Istclassnarkine.com • Web: www.lstclassparking.com
271
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
POS SOFTWARE
1 st Class is proud to use the most cutting- e d g e valet parking point of
service software available on the market - Flash Valet.
VEHICLE TRACKING
Flash Valet allows 1 st Class to track every parked vehicle, including arrival time, make & model,
license number, valet staff who parked and retrieved the vehicle, amount and method of payment,
and departure time. Flash Valet helps 1 st Class know exactly how long it take us to park and
retrieve a vehicle, when our busiest times are and who are most efficient runners are.
TICKET SCANNING & VEHICLE INFO ENTRY WITH VIN SCANNING
Flash Valet provides automated ticket entry by scanning the barcode on the tickets with the
Linea Pro. We eliminate paper -based vehicle tracking, and enter all vehicle information directly
into Flash Valet.
REVENUE CONTROL
Flash Valet allows 1 st Class to account for every vehicle payment transaction regardless of the
form of payment (cash, credit card, check, front desk, PayPal or validation). With access to real-
time activity information.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, F1.33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(&1stclassaarkin¢.com • Web: www.I stclass parking.com
281 i
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
VEHICLE REQUEST VIA TEXT WITH MOBILE PAYMENTS
Flash Valet allows 1 st Class to offer your patrons the ultimate in convenience by offering them
the luxury of texting for their vehicle from anywhere within your venue. Once the vehicle request
is accepted through the Flash Valet, the customer receives a text with a link that allows them to
pay via major credit card or PayPal directly from their phone.
INTERACTIVE VOICE REQUEST (IVR)
Flash Valet allows 1 st Class to reach customers at all technology comfort levels with interactive
voice requests (IVRs) for vehicles. Customers can call your location number and receive
instructions from a state-of-the-art automated system that processes their request in the same
way Flash Valet uses text messages. This option allows customers without text plans and texting
experience to call for their cars without waiting at your kiosk.
For a comprehensive description of Flash Valet's capabilities, please go to:
www.flashparking com/products/flashvalet/flashvalet-capabilities/
VENUE AND EVENT STAFFING
1st Class propose to have the following structure for the events at the Miami Beach Convention
Center.
VALET OPERATION ORGANIGRAM
LOCATION
MANAGER
CUSTOMER
SERVICE CLERK
RAMP
SUPERVISOR
i
CASHIER SHUTTLE
DRIVE0.
VALET
ATTENDANTS
KEYS
ATTENDANT
lOT
A7TENDAM SECURfTY
I5T C
Fax. iao.>►a.tiii • t:maw tntogistuassDarKTnt?.com • wen: www.istciassparking.com
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DocuSign Envelope ID: 88A72A4A-8D6A-4815-875C-14AD77DEA08D
LOCATION MANAGER
The Location Manager is in charge of set up, staffing the valet parking operation based on compiled
historical data and consultation with the different departments and concessionaires and the ramp
set up for the specific event.
Standard Goals
• Provide superior service to all our clients and customers in all aspects of the valet parking
experience
• Ensure the highest degree of customer service by always being attentive and responsive to
client and customer needs
• Realize that each of our clients is unique in their own way and requires unique service
• Transform our service to cater to individual client needs and problems, including
anticipating and embracing necessary changes
• Establish a great reputation by making a great 1 st impression and consistently maintaining
that impression through each and every interaction
CUSTOMER SERVICE CLERK
Our Customer Service Clerk assists the Location Manager at the ramp. The Customer Service
Clerk's primary goal is to make sure that needs, requirements and expectations of our patrons are
fulfilled throughout the arrival and departure process. The Customer Service Clerk handles
customer requests, answers customer questions and offers customers other needed assistance. The
Customer Service Clerk records customer requests and forwards those requests to the Key
Controller. The Customer Service Clerk collects revenue by receiving and recording payments.
1 st Class staffs Customer Service Clerks at events depending on the size of the event, but there
will always be at least one Customer Service Clerk at an event to ensure that the customers' needs
are met.
Customer Service clerk will make sure that the following guidelines are followed by our
Directors of 1st Impression.
• Parking attendants will be polite, courteous, and responsive to EVERY client/customer
seeking our service
• Parking attendants will follow the customer service guidelines set forth by 1 st Class Parking
as well as the guidelines for this specific location, keep in mind that all of our locations are
unique in their own way
• When possible, Parking attendants will call all clients and customers by their names - If you
do not know their name, make an effort to learn the name for the next time you service them
• Parking attendants will be responsive to all client/customer problems and complaints - if you
don't know how to handle the situation please contact your Parking Manager.
• Parking attendants will open all car doors for clients/customers at all times
• Parking attendants will open the lobby doors whenever possible
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, F1.33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infod4stclassnarking.com • Web: www.Istclassparking.com
301Pn(,o
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
• Parking attendants will assist residents with luggage or groceries whenever possible however,
we cannot lift or carry extremely heavy baggage or equipment - Nothing over 25 pounds
• Valet attendants will greet and say goodbye to every client/customer that is serviced - an
enthusiastic "Good Morning!" or "Have a nice Day!" is all that is needed
• Valet attendants will run or hustle to retrieve all vehicles when a client/customer is waiting
• Never adjust the seat, car radio, or air conditioning in any vehicles that you park - unless you
cannot drive the car without the adjustment, in which case you will return the seat to the
previous position when you finished parking the vehicle
• Never argue with clients/customers regardless of the reason - REMEMBER, the customer is
always right - refer clients to your Parking Manager
• NEVER answer a question that you don't know the answer too! Always defer these questions
to your Facility manager or Supervisor. Questions regarding company policies and
procedures should be deferred to your Facility Manager as well.
• Valet locations differ, so always follow specific Customer Service guidelines as directed by
your Facility Manager
• DO EVERYTHING JUST MENTIONED WITH A SMILE AND COURTEOUS
DEMEANOR!
• Parking team must know who is working on the building on the different departments while
parking attendants are on duty.
RAMP SUPERVISOR
Ramp Supervisor is the 1 st and last impression of your patrons. The Ramp Supervisor's primary
goal is to welcome your patrons, issue them a parking ticket, collect payment, assign vehicles to
valet attendants for parking and wish patrons farewell as they are leaving.
1st Class staffs Ramp Supervisors at events depending on the size of the event, but there will
always be at least one Ramp Supervisor at an event to ensure that the customers' needs are met.
CASHIER
The Cashier is in charge of collecting payments at entrance and exit of the event. The Cashier
handles payment for patrons that wish to pay cash or credit card will go to the cashier station. 1 st
Class staffs Cashiers at events depending on the size of the event, but there will always be at least
one Cashier at an event to ensure that the customers' needs are met.
SHUTTLE DRIVER
The Shuttle Driver transports our valet parking attendants back and forth from remote parking
stations to main ramp, and vice versa. 1 st Class staffs Shuttle Drivers at events depending on the
size of the event and the existence of remote parking.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infoa-)1stclassoarkinp_.com • Web: www.lstclassparking.com
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DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
KEY ATTENDANTS
Key Attendants are located at the parking garage. A Key Attendant's main task is ensured that all
the vehicle tickets that have been issued in Flash Valet correspond to the vehicle keys that are
received at the parking garage station. Key Attendants will log the key into Flash Valet along with
the name of the parking attendant who parked the vehicle. They will also dispatch vehicle when
they are requested by the patron or the Cashier.
1st Class staffs Key Attendants at events depending on the size of the event, but there will always
be at least one Key Attendant at an event to ensure that the customers' needs are met.
LOT ATTENDANT
Lot Attendants control the areas where parking attendants park the vehicles, make sure that parking
attendants are parking vehicles correctly and confirm that there is no damage done to a vehicle at
the time of parking or retrieving. Lot Attendants are also in charge of determining the parking
areas to be used depending upon event circumstances and details Lot Attendants ensure that every
parking ticket is fulfilled correctly by the parking attendants.
1 st Class staffs Lot Attendants at events depending on the size of the event, but there will always
be at least one Lot Attendant at an event to ensure that the customers' needs are met.
LOT SECURITY
Lot Security controls the parking area and makes sure that it is used only by the parking attendants.
Lot Security also makes sure that parked vehicles are locked and secure.
1 st Class staffs Lot Security at events depending on the size and circumstances of the event.
PARKING ATTENDANTS - "DIRECTORS OF 1ST IMPRESSION'
Parking Attendants are in charge of parking and retrieving the vehicles. Parking Attendants are
also 1 st Class's face at the main ramp. While Parking Attendants do not have the 1 st interaction
with your patrons, they play a very important role after our Ramp Supervisor has provided the
parking ticket to our patrons.
Basic Director of 1st Impression Rules:
• Parking attendants will report to work on time and in full uniform
• Parking attendants' uniforms will be neatly pressed and clean at all times
• Parking attendants will be neatly groomed for every shift including being clean shaven
and having a conservative hairstyle
• Parking attendants will remove the keys from the vehicle after parking and return the
keys to the valet office
• Parking attendants will never hold keys in their pockets - Parking attendants must keep
the keys in their key clips after parking a vehicle.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax. 786.513.2711 • Email: info(iMstclassoarkin¢.com • Web: www.lstclassparking.com
321Pa<,(
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
• Vehicles keys must always be kept in valet booth/podium and it must be locked at all times
• NEVER leave your post unattended - if you must leave for any reason, you must contact
a manager for approval, leaving your post unattended it is considered reason for
termination.
• NEVER use a cell phone or personal phone while on the valet ramp or driving a vehicle
• NEVER use the location or its amenities for personal use (Parking Attendants are not
allowed on the property unless they are scheduled to work or picking up their paycheck)
• ALWAYS follow the instruction of your Manager/Supervisor
• Always check vehicles for damage prior to parking, if damage is present inform the
customer or your supervisor; please make sure damage is properly documented by taking
pictures of the damage.
• Valet areas including Parking Office must always be kept clean including all cigarette
butts, valet ticket stubs, and other trash. If you observe any issue with the maintenance in
the building please report it to your supervisor, your comments are always welcome.
• SPEEDING is PROHIBITED - Speeding is grounds for IMMEDIATE TERMINATION
• All vehicles are to be parked BACK -IN valet parking spaces
• No personal use of facilities, except for restrooms breaks.
• Valet attendants will not hang out in the valet booth and will always be present on the
ramp when not parking a car or assisting a customer
• Valet attendants WILL NOT use cars for personal use or drive off the valet premises for
any reason, even with owners' permission
• Valet attendants must ALWAYS fill out the valet tickets according to instruction from
their Facility Manager
• No Vehicles are allowed on the loop area for more than 15 minutes.
• Be vigilant of the garage entrance, if there is any malfunction please report it
immediately.
UNIFORMS
STANDARD UNIFORMS
1i1 Class Parking • 12250 Biscayne Blvd., Suite 300 • North Miami Beach, Ft, 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(a 1stclasmarkine.com - Web: www.Istclassparking.com
33 1 P , i
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
GALA UNIFORMS
I" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: infona lstclassaarkine.com • Web: www.lstclassparking.com
34 1 P a o ,-
DocuSign Envelope ID88A72A4A-8D6A-4815-B75C-14AD77DEA08D
CLAIMS & REFUND PROCEDURES
At 1 st Class Parking we make all reasonable efforts to ensure that cars are neither damaged,
nor vandalized while in our care. All vehicles, however, are entrusted to our care at owner's risk.
We assume no liability for any losses or damage stemming from fire, flooding, theft, and other
acts of God or vandalism. 1 st Class also disclaims any responsibility for personal articles left in
vehicles by customers.
Claims:
Any claims related to damage created by 1 st Class Parking must be presented to a manager
by a customer before vehicle is taken from the facility where it is received. 1 st Class
Parking managers process and respond to all claims for damage or resulting from an
accident in accordance with company procedures. When a claim is reported, the on- site
manager will immediately complete an incident report form. A copy of the completed
report is provided to the customer and a second copy is retained by the on -site manager for
submission to our main office, where senior management will review the filed claims to
review the propriety of the on -site manager's disposition of the matter or to follow-up with
the affected customer as required.
Portable camera system and command center will assist our parking attendants to notify
patrons about existing damages on their vehicles. Parking attendants will signal a damage
to the mobile cameras and command center will make note of the damage. Damage will be
also recorded in our flash valet application.
All of our valet attendants are trained to look for existing damage and to notify the manager
and the customer of any existing damage that is observed prior to removing the vehicle to
the on -site storage area. If a car is damaged while in our care, 1 st Class Parking will accept
responsible and make arrangements with the affected customer ensure that repairs are
completed in a timely manner. 1 st Class Parking, in its sole discretion, will determine
whether to process the claim through its insurance carrier or pay the claim out of pocket.
All repairs will be completely warranted by Ist Class Parking.
Refunds.
Any customer that is dissatisfied with the service or has a reasonable complaint will be
immediately refunded their parking fee and/or offered a complimentary parking pass for a
future event. Refunds will be provided to customers at the sole discretion of the on -site
manager. If a refund is issued, a brief description of the reason for the refund will be noted
on the daily sheet.
Daily revenue reports will have the quantity of refunds done and the reason for those
refunds.
V Class Parking • 12250 Biscayne Blvd.- Suite 300 -North Miami Beach, FL 33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info(&1stclassaarkin2.com • Web: www.istclassparking.com
351Page
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
REPORTS
1st Class will produce daily reports per event, monthly reports and annual reports as
requested on the RFP.
DAILY SHIFT REPORTS
Daily reports include the event venue, date, quantity of vehicles parked, revenue collected, ticket
range, type of payments
Miami Beach Convention Center - Fillmore Ramp 23 Apr 2018
lGook.7urntirm / vrYe.11a shvalol.r Orn
Fillmore Ramp $20 320 $20.00 $0.00 woo $6.400.00
Totals: 320 M00 $4,400.00
Ticket RarMe Paymarts
C-h 20a 10.U0 SS080.00 55.6ao 00 N.
135001 135320 320 0 O O Credit Card 22 sO. Du S440.00 S440. 00 N0
Totals: 320 0 T01e1f: 320 10.00 10,400.00 S6,4o0. s0
CredN Cad summary
Totals: 10.00 S0.00 ZOAO $0.00
Cust— Account Summary
Totals. S0.00 $0.00 s0.00 s0 00
Average Cu sic mm Rat naval Tme 12 O Minutes
Averaga Yahlcla Prlce$20 00
I" Class Parking - 12250 Biscayne Blvd.- Suite 300 - North Miami Beach, FL 33181 Ph. 305.531.4466 -
Fax. 786.513.2711 - Email: info(aAstclassparkin¢.com - Web: www.Istelassparking.com
361P i -c
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
LOCATION RETRIEVAL DETAIL
1st Class has been able to produce all the requested reports to the Miami Beach Parking
Department and the Audit Department in a timely fashion. 1 st Class also produces other reports
requested by the Audit Department for analysis.
Location Retrieval Detail By DateTime
Miami Beach Convention Center
51400,
W 12 06 AM
W 12 08 AM
514002
9/7 1203 AM
4? 1207 AM
514003
9/7 12 03 AM
9/7 12 06 AM
514004
94 12 05 AM
977 12 07 AM
514005
9? 12 05 AM
9? 12 06 AM
514000
917 12 03 AM
917 12 04 AM
514007
9? 12 07 AM
97 12 10 AM
514006
B/71206 AM
917 12 11 AM
514009
9/7 12 03 AM
9/7 12 07 AM
514010
977 1206 AM
9? 12 10 AM
514011
9/7 12 03 AM
90 12 07 AM
514012
9J7 12 07 AM
9? 12 10 AM
5140111
917 1203 AM
9/7120? AM
51401e
9? 12 07 AM
9/7 12 10 AM
514015
9/7 12 06 AM
9.7 12 10 AM
514016
9? 12 04 AM
SV7 12 07 AM
511017
9? 12 02 AM
9/7 12 06 AM
Total Recor, 17
06 Sep 2017 12:00 AM - 06 Sep 2017 12:00 AM
0 111, 02 m,n
S20
'oyute
M Sewaa
M Se —
M Sew-
0 hn 04 -n
$20
Kp
M Sewae
M Se —
M Sep-
0 hn 03 "n
sm
Honda
M 3ewere
M Sewae
M Se —
0 hn 02 mm
Sb
BMW
M Sepae
M Seq—
M SeQ-
0 hn 03—
S20
Hyu d.
M Sq.—
M Se —
M SeQuere
0 hn 02 —
520
Fad
M sewers
M Sep are
M Sequ-
0 hn 03 In
S20
ch—d f
M ^ Quere
M Sa —
M Se'in-
0 hn 03 nan
S20
vdsswepen
M Sepm.
M Sm—
U SeQuera
0 hn Oe —
$20
Fm0
M S .0—
M Sm—
M 5epuere
0 hn 04 mm
S20
Dedp
M Sm—
M Sepese
M SeQuna
0 hn 04 mM
KO
TpYte
M Seww e
M Sewers
M sm..
0 hn 04 mm
$20
Honda
M Sewer.
M Sm—
M Seq-9
0 Me W mn
sm
volks—gln
M Sewers
M Se —
M Sep-
0 hn 03 min
$20
Fwd
M Sewae
M Sm"
M SeQuera
OWN—
$20
Mercury
M Se —
M Se —
M S a
0 hn 04 mn
$20
Toyds
M SeQuers
M Sewers
M Se Were
0 hn 03 m1n
sm
Nnsan
M sewae
M Sepre
M Seq—
Total Amount:
$0.00
Average Time:
0 hrs 3 min
1" Class Parking a 12250 Biscayne Blvd.- Suite 300 a North Miami Beach, FL33181 Ph. 305.531.4466 e
Fax. 786.513.2711 a Email: info( ,Istclassaarkine.com a Web: www.lstclassparking.com
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DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
PERFORMANCE STANDARDS
1 st Class commits to exceeding all performance standards required by Miami Beach and
the RFP. As outlined in the RFP, 1st Class will:
1. Have a representative attending to all meetings in advance of events;
2. Comply with all uniform requirements;
3. Provide service for all events on scheduled dates;
4. Maintain a service level that ensures vehicles are returned to patrons in less than
15 minutes;
5. Print new tickets with the appropriate fee noted on the face of the ticket in
accordingly city requirements;
6. Provide all the necessary signage for events;
7. Prohibit employees from soliciting any type of gratuities from customers;
8. Report all incident or claim to the City Parking Department within 48 hours;
9. Respond in writing to customer complaints within 48 hours and submit a copy of
all such responses to the city Parking Department; and
10. Conduct, at all times, the operation of the valet concession in a respectful and
courteous manner.
11. Have a Software application that allows to provide records of events associated
with each parked vehicle.
1" Class Parking • 12250 Biscayne Blvd.- Suite 300 • North :Miami Beach, FL33181 Ph. 305.531.4466
Fax.786.513.2711 • Email: info44stclassaarkine.com • Web: www.lstclassparking.com
3RIPaee
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
TAB 4 - PUBLIC BENEFIT
1 st Class will provide a public benefit in the form of annual contribution to the City's Educational
Compact in the amount of 1 % of their annual gross revenues. Payable within thirty (30) days of each
anniversary date.
391
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
Cay of M13nii Beach
APPENDIX B
REVENUE PROPOSAL FORM
Proposer affirms that the prices stated on the revenue proposal form below represent the entire cost
of the Items in full accordance with the requirements of this RFP, Inclusive of Its terms, conditions,
specifications and other requirements stated herein, and that no claim will be made on account of
any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any
other unless a cost escalation provision is allowed herein and has been exercised by the City
Manager in advance The Revenue Proposal Form (Appendix B) shall be completed in its entirety
All corrections on the Revenue Proposal Form (Appendix B) shall be initialed
1 See Appendix A, Section 4 Proposals that include a minimum guarantee of less than 5215,000 00
will be rejected and shall not be considered However proposers are encouraged to offer a Minimum
Guarantee in excess of this amount The proposed annual minimum guaranteed amount shall be
utilized to allocate up to 30 points in the Evaluation Process (See Section 0400 Proposal Evaluation)
Bid 2022-043-WG
5! 15;'022 8 44 AM p 38
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
RESOLUTION NO. 2023-32491
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.
2022-043-WG VALET PARKING CONCESSION; AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH FIRST CLASS PARKING, LLC,
THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE
CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
WHEREAS, on September 14, 2022, the Mayor and City Commission approved the
issuance of RFP 2022-043-WG for Valet Parking Concession; and
WHEREAS, on October 31, 2022, the City received a sole proposal from First Class
Parking, LLC; and
WHEREAS, on January 13, 2023, the Evaluation Committee appointed by the City
Manager comprised of Monica Beltran, Director, Parking Department, Marc Edelstein, Chair of
the Transportation, Parking & Bicycle -Pedestrian Facilities Committee, Francys Vallecillo,
Assistant Director, Tourism & Cultural Development, and Jac White, Director of Public Safety &
Transportation, Miami Beach Convention Center, convened to consider the proposal received;
and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance, the Government Sunshine Law, and general
information on the scope of services and a copy of the proposal; and
WHEREAS, the Committee was instructed to score and rank the proposal pursuant to
the evaluation criteria established in the RFP; and
WHEREAS, the evaluation process resulted in the proposer being ranked by the
Evaluation Committee as follows:
1 St First Class Parking, LLC
WHEREAS, after reviewing the submission, the City Manager concurs with the
Evaluation Committee and finds First Class Parking, LLC, the sole proposer, to be qualified to
operate the valet parking services at The Fillmore Miami Beach at the Jackie Gleason Theater
and the Miami Beach Convention Center ("MBCC") in connection with scheduled entertainment
events; and
WHEREAS, First Class Parking, LLC is a local small business that has worked with the
City for the last 15 years and has consistently achieved high customer satisfaction ratings from
both the public and City staff; and
WHEREAS, First Class has proven its ability to provide valet service to high and low
valet demand events, displayed unsurpassed experience as the valet vendor for the City, and
has adjusted to a variety of operational changes due to construction at the MBCC; and
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request for
Proposals (RFP) 2022-043-WG Valet Parking Concession; authorize negotiations with First
Class Parking, LLC, as the sole proposer; and further authorize the City Manager and City Clerk
to execute an Agreement upon the conclusion of successful negotiations.
PASSED AND ADOPTED this A2
ATTEST:
FEa 2 & 2023
RAFAEL E. dRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1-24--z..3
City Attorney Date
day of r rk!� ,' 2023.
XC4���
DAN GELBER, MAYOR
-Cc`
8 - .0' .
x
INCORP0 RAT EUI '
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
• 1 • • •
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: February 22, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP)
NO. 2022-043-WG VALET PARKING CONCESSION; AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH FIRST CLASS PARKING, LLC,
THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE
CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution authorizing the
Administration to negotiate with First Class Parking, LLC, the sole proposer for Request for
Proposals (RFP) 2022-043-WG; and, further, authorize the City Manager and City Clerk to
execute an Agreement upon successful negotiations by the Administration.
BACKGROUND/HISTORY
On November 26, 2018, the City entered into an Agreement with First Class Parking, LLC to
provide valet parking services at the Fillmore, the Jackie Gleason Theater of Performing Arts,
Miami Beach Convention Center (MBCC), and other City -owned properties pursuant to RFP
2018-166-WG. The Agreement had an initial term of one (1) year, with four (4) one-year renewal
options at the City Manager's discretion.
On November 1, 2019, Amendment No. 1 approving the first one-year renewal term beginning
November 1, 2019, through October 31, 2020, was executed. On March 27, 2020, the City
declared a state of emergency due to the COVI D-19 pandemic. As a result, the City and First
Class Parking mutually agreed to temporarily suspend services. On September 25, 2020, the
City and First Class Parking executed Amendment No. 2 to the Agreement, temporarily
decreasing the Concession Fees and replacing them with a monthly Concession Fee equal to
twelve percent (12 %) of the total monthly Gross Receipts until (MBCC) bookings resumed and
reached pre -pandemic levels.
On April 6, 2021, the parties executed Amendment No. 3 to the Agreement extending the
modified financial terms approved under Amendment No. 2 for the Temporary Services Period
through and including September 30, 2021.
Page 24 of 1109
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
The final renewal term between the City and First Class Parking, LLC was exercised and
scheduled to expire on September 30, 2022. On June 9, 2022, the City extended the
Agreement on a month -to -month basis, pending the award of a new agreement.
ANALYSIS
On September 14, 2022, the Mayor and City Commission approved the issuance of RFP
2022-043-WG for Valet Parking Concession. The Procurement Department issued bid notices
to 3035 companies utilizing the City's e-procurement system, with 32 prospective bidders
accessing the solicitation. RFP responses were due and received on October 31, 2022. The
City received the sole proposal from First Class Parking, LLC.
On January 13, 2023, the Evaluation Committee appointed by the City Manager convened to
consider the proposals received. The Committee was comprised of Monica Beltran, Director,
Parking Department, Marc Edelstein, Chair of the Transportation, Parking & Bicycle -Pedestrian
Facilities Committee, Francys Vallecillo, Assistant Director, Tourism & Culture Department, and
Jac White, Director of Public Safety & Transportation, Miami Beach Convention Center (OVG
360).
The Committee was provided an overview of the project, and information relative to the City's
Cone of Silence Ordinance and the Govemment-in-the-Sunshine Law. The Committee was also
provided with general information on the scope of services and a copy of the proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in First Class Parking receiving an average score of 99.5 out of
100 (see Attachment A).
SUPPORTING SURVEY DATA
Not Applicable
FINANCIAL INFORMATION
Grant Funding will not be utilized for this project.
CONCLUSION
After reviewing the submission, I concur with the Evaluation Committee and find First Class
Parking, LLC, the sole proposer, to be qualified to provide the operation of valet parking
services at The Fillmore Miami Beach at the Jackie Gleason Theater, the Miami Beach
Convention Center, and other City -owned properties in connection with scheduled events.
First Class Parking, LLC, is a small local business that has worked with the City for
approximately 15 years. In customer surveys, First Class Parking has consistently achieved
high satisfaction ratings. Furthermore, First Class has proven its ability to provide valet service
to high and low valet demand events. First Class has unsurpassed experience as the valet
vendor for the City and has adjusted to many operational changes due to construction at the
MBCC while continuously meeting contractual requirements.
Lastly, the firm's familiarity with the City's existing venues is beneficial in implementing a new
agreement and minimizing any challenges typical of a change in contractor.
Page 25 of 1109
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
For the reasons stated herein, I recommend that the Mayor and City Commission approve the
Resolution authorizing the Administration to enter into negotiations with First Class Parking, LLC
as the sole proposer; and, further, authorizing the City Manager and City Clerk to execute an
Agreement upon successful negotiations by the Administration.
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Parking/Procurement
ATTACHMENTS:
Description
❑ Attachment A
❑ Form Approve Resolution
Does this item utilize G.O.
Bond Funds?
No
Page 26 of 1109
DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D
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