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Concession Agreement between CMB & 1st Class Parking Corp. Part 2DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 242-3-3249 I DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5F0 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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: yxl,�h•�a��a:� 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8ESB3D4F5F0 Contract no. 22-043-01 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID. 414AE25D-205D-425B-BFOI-E8E5B3D4F5FO Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope 0i 414AE25D-205D425B-BF0I-EBE5B3D4F5F0 Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 10 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-8F01-E8E5B3D4F5F0 Contract no 22-043-01 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 11 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID. 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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). 12 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 13 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4FSF0 Contract no. 22-043-01 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 14 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 15 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 16 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 17 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 18 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 19 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 20 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 21 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 22 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 23 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 24 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4FSF0 Contract no. 22-043-01 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. 25 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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. 26 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 27 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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, 28 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4F5F0 Contract no. 22-043-01 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 29 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D-425B-BF01-E8E5B3D4FSF0 Contract no. 22-043-01 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D DocuSign Envelope ID: 414AE25D-205D425B-BF01-E8E5B3D4F5Fo Contract no. 22-043-01 EXHIBIT A REQUEST FOR PROPOSAL (RFP) 33 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D MIAMI BEACH 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D MIAMI BEACH 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: DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D MIAMI BEACH 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-675C-14AD77DEA08D 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D MIAMI BEACH 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/. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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/ DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D -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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 7Revenue Pro osal SubmGIMINK it a completed Revenue Proposal Form (Appendix B). Balance of Pa_qe Intentionally Left Blank DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID88A72A4A-8D6A-4815-675C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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. DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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/ 51P�:_ , DocuSign Envelope ID: 88A72A4A-8D6A-4815-875C-14AD77DEA08D 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 6 1 ' ai � DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 71 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 81 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 91 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEAO8D 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 MANAGER AREA AREA MANAGER MANAGER (NORTH) (SOUTH) I r LOCATION LOCATION MANAGER MANAGER SUPERVISOR I SUPERVISOR 1 ♦ PARKING PARKING ATTENDANTS ATTENDANTS ORGANIGRAM CEO PRESIDENT -- ---, � r ACCOUNTING LEGAL SERVICE SERVICE r HR DIRECTOR y HR RECRUITER QUALITY ASSURANCE DIRECTOR QUALITY ASSURANCE OFFICERS MISTERY SHOPPERS ACCOUNTING DIRECTOR I FIELD AUDITOR IV ACCOUNTING CLERK CLAIMS MANAGER i CLAIMS CLERK 0 0 0 C in f0 _ = N m CD m 00 D N D A D O D A cn m n A D 0 J 0 m D CD 0 13 1 DocuSign Envelope ID: 88A72A4A-8D6A-4815-875C-14AD77DEA08D 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-, DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 151 1 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 161PII'L' DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 171 DocuSign Envelope ID: 88A72A4A-8D6A-4815-675C-14AD77DEA08D 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 181 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 191 DocuSiyn Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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,, DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 21 1 P <j s, DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEAO8D 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 22 1 DocuSign Envelope ID: 88A72A4A-8D6A-4815-B75C-14AD77DEA08D 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 251 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 111111�IIIIiIh�II��II: KEY TAG 517001 THE :—MORE TEXT F.O .Y�n:mu.AMR LSCAN THISo c � THE FILLMORE 111C�IllIIII1111111[ 517001 PI,RI(ING RECEIPT 517001 THE FILLMORE BACK inn, r MIAMI REACH ` I CONVENTION CENTER ""133500 iiauli[IIII KEY TAG 133500 M"I MEACH CONVENTION CTR. WP.�ulNuuRf—Y._— —� �dI�1�11i TEXT FOR YOUR CAR rE[r T]]SEO ro 305-8768J27 ,., SCAN THIS o rEIIMI cam 1 J1111N11' 133500 133500 M AII HUI III�IEliflilfll Illlllllifl ` 1�I�INIIIAIiill Ifl lllllllfllfl 517001 Illflllllhh�I!IINhI' IIIflIIIIIIII�GIIh ��Fcgt[�0 PoP MAgF4 OM'.Y 'A AyM�apN� N) uVllWC1YWY�oVIF�dNru�aeF�M riM1'RLL MSC IMIAn IN 0 ai�LLnpp OW U� �tRFpE��'i' e�slw�viai"�A.s%'}sl n e�1N��•UM'�IOPr�I 4 wFwnwyus a 111111131I 1111!l11i11111IfIN I pppp�� TML;* ai�tuNfOP �YY.f �.�iGfl I..C[r� a��"wsn`s�v`�s �.."s`oFnxs..nm•.s.w*m 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 291 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 311 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 371 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 WC MWAM Soma as"" $ WO EdWsbub PnmpVabocft bewhu PIS"PU � � I 8B . TO.Osidw OsSa SOYIosM OMMM 1s1CUns Padu 70 100 1 100 . 1 70 00 100 1 BB 00 96 1 1 7: V,1 Vi TOW OuAntluOvs ; CON TOW Poll f VMsrsn's (Cast Proposed MWmam Paints A�Wded Points Vamn's 1 at Coss Pa { .00 00 00CN FOR DISPLAY PURPOSES ONLY. FETAL RANKING DOES NOT CONSTITUTE AN AWARD RECOMMENDATION.