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99-23258 RESO RESOLUTION NO. 99-23258 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS AND CONTRACT \VITH THE NUMBER-ONE RANKED FIRM, GOLD STAR PARKING SYSTEMS, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 60-98/99 FOR A TWO-YEAR CONTRACT FOR PROVIDING VALET PARKING SERVICES FOR THE PATRONS OF THE JACKIE GLEASON THEATER OF THE PERFORl\1ING ARTS, AT THE MIAMI BEACH CONVENTION CENTER, AND AT OTHER SITES WITHIN THE CITY OF MIAMI BEACH, WITH THREE ONE- YEAR RENEWAL OPTIONS. WHEREAS, the City issued Request for Proposals (RFP) No. 60-98/99 to provide for a Two- Year Contract for Providing Valet Parking Services for the Patrons of the Jackie Gleason Theater of the Performing Arts, at the Miami Beach Convention Center, and at Other Sites within the City of Miami Beach, with Three One- Year Renewal Options; and WHEREAS, specification packages for RFP No. 60-98/99 were issued on May 13, 1999, resulting in the receipt of six (6) responsive proposals; and WHEREAS, an Evaluation Committee recommended by the City Manager met on July, I 1999, and recommended the firm of Gold Star Parking Systems, Inc. as the first-ranked respondent; and WHEREAS, the City Manager has reviewed the responses and the recommendation of the Evaluation Committee and concurs with the Evaluation Committee's recommendation. 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 herein authorize the Administration to enter into negotiations and contract with Gold Star Parking Systems, Inc. pursuant to RFP No. 60-98/99 to provide for a Two- Year Contract for Providing Valet Parking Services for the Patrons of the Jackie Gleason Theater of the Performing Arts, at the Miami Beach Convention Center, and at Other Sites Within the City of Miami Beach, with Three One- Year Renewal Options. PASSED and ADOPTED this 21st day of July, 1999. APPROVED AS TO FORM & LANGUAGE ATTEST: & FOR EXECUTION ~k r P OA cL--- CITY CLERK ~e . Attorney 1fl1 MAYOR 1if!PJ CITY OF MIAMI BEACH PARKING DEPARTMENT VALET PARKING SERVICES TOPA/CONVENTION CENTER - RFP NO. 60-98/99 PROPOSER EXPERIENCE WITH NAME SIMILAR CONTRACTS AAA PARKING INC. VALET SERVICES PROVIDED FOR: JACKSON MEMORIAL HOSPITAL, SOUTH SHORE HOSPITAL, THE FLORIDIAN, RONEY PLAZA, AND VARIOUS CLUBS AND RESTAURANTS ON MIAMI BEACH. SIX (6) YEARS EXPERIENCE. ASSOCIATED PARKING VALET SERVICES PROVIDED FOR HOTELS, RESTAURANTS, AND CLUBS: TIDES, SYSTEMS, INC. BREAKWATER, PELICAN, CASA GRANDE, LESLIE, BLUE MOON, THE STRAND, BAR ROOM, BASH, NEWS CAFE, RED SQUARE, JOIA 20 YEARS EXPERIENCE. CENTRAL PARKING OF 1,000 EMPLOYEES IN MIAMI-DADE/BROWARD COUNTIES. VALET SERVICES FLORIDA, INC. PROVIDED FOR HOTELS (LOCAL) FOUNTAINBLEAU, HYATT, INTERCONTINENTAL OTHERS: BAYSIDE, SHOPS AT SUNSET PLACE, PALMETTO GENERAL HOSPITAL. 31 YEARS EXPERIENCE. GOLD STAR PARKING JACKIE GLEASON THEATER OF THE PERFORMING ARTS - 10 YEARS. SYSTEMS, INC. MIAMI BEACH CONVENTION CENTER - 10 YEARS. GUSMAN CULTURAL CENTER - 10 YEARS. MIAMI ARENA - FOUR (4) YEARS. COCONUT GROVE PLAYHOUSE - FOUR (4) YEARS. VARIOUS MIAMI BEACH NIGHTCLUBS, RESTAURANTS, AND SPECIAL EVENTS. 30 YEARS EXPERIENCE. MARINO PARKING JACKIE GLEASON THEATER OF THE PERFORMING ARTS - FIVE (5) YEARS. SYSTEMS, INC. MIAMI BEACH CONVENTION CENTER - FIVE (5) YEARS. GUSMAN CULTURAL CENTER - FIVE (5) YEARS. MIAMI ARENA - EIGHT (8) YEARS. CORAL SPRINGS CITY CENTER - FOUR (4) YEARS. CITRIX TENNIS CHAMPIONSHIPS - EIGHT (8) YEARS. 18 YEARS EXPERIENCE. PARKING COMPANY DOWNTOWN SHREVEPORT RIVERFRONT PARKING OP. (YRS. EXP. NOT NOTED) OF AMERICA ATLANTA HILTON - 1976 (YRS. EXP. NOT NOTED). HYATT REGENCY INDIANAPOLIS -1977 (YRS. EXP. NOT NOTED). AXIS CLUB/PETRUS CLUB/THE CANDLER BLDG. (1993-96). 32 YEARS EXPERIENCE. CITY OF MIAMI BEACH PARKING DEPARTMENT VALET PARKING SERVICES TOPA/CONVENTION CENTER - RFP NO. 60-98/99 PROPOSER COMPLETENESS OF OPERATIONAL PLAN NAME FIRM'S APPROACH AAA PARKING INC. PROPOSES TO PURCHASE PARK-O-MATE CONTROLLER SERIES II SYSTEMS. PROPOSES TO INSTALL ALL METAL ATTENDANT PODIUM. USE OF SHORT WAVE RADIO BETWEEN RAMP AND LOT. PROPOSES TO ISSUE REFUND TO PATRON WAITING MORE THAN 15 MINUTES. ASSOCIATED PARKING PROPOSES TO USE PRIVATE LOTS TO ACCOMODATE LARGE EVENTS. THIS SYSTEMS, INC. MEASURE WOULD GUARANTEE NO CLOSURE OF VALET SERVICES. ALL VEHICLES RETRIEVED WITHIN 10 MINUTES. CENTRAL PARKING OF PROPOSES TO PURCHASE PARK-O-MATE CONTROLLER SERIES II SYSTEMS. FLORIDA, INC. NEW KIOSKS PROPOSED AT EACH VALET STAGING AREA. PROPOSES PAYMENT OF PARKING UPON RETRIEVAL. GOLD STAR PARKING MANUAL SYSTEM OF FIVE (5) PART TICKET ISSUANCE DESCRIBED IN DETAIL. SYSTEMS, INC. ALL VEHICLES RETRIEVED WITHIN 20 MINUTES AFTER SHOW (TOPA). NO ONE WAITS LONGER THAN 10 MINUTES FOR THEIR VEHICLE. OPERATIONAL PLAN: OPENING LOT TO BOOTH CLOSING. MARINO PARKING PROPOSES TO PURCHASE PARK-O-MATE CONTROLLER SERIES II SYSTEMS. SYSTEMS, INC. PROPOSES TO INSTALL NEW BOOTH/PODIUM AT TOPA/CONVENTION CENTER. VEHICLE RETRIEVAL WITHIN 15 MINUTES OR REFUND ISSUED. PARKING COMPANY COORDINATE WITH MANAGEMENT TO ENSURE ADEQUATE STAFFING. OF AMERICA PROPOSES ATTRACTIVE SCHEDULING/SALARY/BENEFITS FOR EMPLOYEE RETENTION. OPERATIONAL PLAN NOT SPECIFIED. CITY OF MIAMI BEACH PARKING DEPARTMENT VALET PARKING SERVICES TOPA/CONVENTION CENTER - RFP NO. 60-98/99 PROPOSER QUALIFICATIONS OF PERSONNEL NAME STAFFING PATTERN AAA PARKING INC. ONE (1) PROJECT MANAGER, ONE (1) SUPERVISOR, 100 LOCAL EMPLOYEES. STAFFING CONTINGENT UPON VOLUME (NOT SPECIFIED). NO STAFFING STRATEGIES (RATIOS) DESCRIBED. ASSOCIATED PARKING AREA MANAGER WILL ACT AS LIAISON TO TOPA, CONVENTION CENTER, AND SYSTEMS, INC. CMB PARKING DEPARTMENT. SUPERVISORS RESPONSIBLE FOR THE DAILY OPERATION OF SERVICES. 200 LOCAL EMPLOYEES. NO STAFFING STRATEGIES (RATIOS) IDENTIFIED. CENTRAL PARKING OF ONE (1) SENIOR PROJECT MANAGER, TWO (2) SUPERVISORS. FLORIDA, INC. SENIOR PROJECT MGR. FOUR (4) YEARS EXPERIENCE. AREA MANAGER FOUR (4) YEARS EXPERIENCE. OVER 80 FULL-TIME EMPLOYEES WILL MAKE UP THE WORK POOL. NO STAFFING STRATEGIES (RATIOS) PROVIDED. GOLD STAR PARKING OWNER/OPERATOR (ARTHUR SCHULTZ) ON-DUTY. SYSTEMS, INC. FOUR (4) SUPERVISORS. SECURITY AT STORAGE LOT. (100-500/FIVE (5) ATTENDANTS, 500-1000/EIGHT (8) ATTENDANTS, 1000-2000/11 ATTENDANTS, 2000-3000/15 ATTENDANTS, 3000+/18 ATTENDANTS, FOUR (4) SUPERVISORS). MARINO PARKING TONY MARINO - PRESIDENT (20 YEARS EXPRIENCE). SYSTEMS, INC. SEAN COOPER - GENERAL MANAGER (EIGHT (8) YEARS EXPERIENCE). JAY DUCETTE - MANAGER (FIVE (5) YEARS EXPERIENCE). EIGHT (8) BASE EMPLOYEES/12 EMPLOYEES ON STANDBY(CONTINGENT UPON TICKET SALES AND/OR WEATHER). PARKING COMPANY MANUAL CHAVEZ, SR. (22 YEARS EXPERIENCE). OF AMERICA MANUAL CHAVEZ, (30 YEARS EXPERIENCE). ROBERT CHAVEZ, (23 YEARS EXPERIENCE). ONE (1) PROJECT MANAGER. SCHEDULE FOR MINIMUM REQUIREMENTS. STAFFING STRATEGIES (RATIOS) NOT PROVIDED. CITY OF MIAMI BEACH PARKING DEPARTMENT VALET PARKING SERVICES TOPA/CONVENTION CENTER - RFP NO. 60-98/99 PROPOSER EVIDENCE OF NAME FINANCIAL STABILITY AAA PARKING INC. NO FINANCIAL STATEMENTS INCLUDED, BUT WILL BE MADE AVAILABLE UPON ADDITIONAL REQUEST. PROPOSER NOTES MONTHLY PAYMENTS TO CMB PARKING DEPARTMENT FOR RAMP SPACE (METER RENTAL) IN THE AMOUNT OF $1600 PER MONTH. ASSOCIATED PARKING NO FINANCIAL STATEMENTS INCLUDED. SYSTEMS, INC. CENTRAL PARKING OF PUBLICLY HELD COMPANY ON NEW YORK STOCK EXCHANGE. FLORIDA, INC. FINANCIAL STATEMENTS/ANNUAL REPORT PROVIDED. 5,000 FACILITIES MANAGED WORLDWIDE. GOLD STAR PARKING NO FINANCIAL STATEMENTS INCLUDED. PAST PERFORMANCE OF VALET SYSTEMS, INC. SERVICES AND PAYMENT TO CMB PARKING DEPARTMENT IS GOOD. DEMONSTRATED FINANCIAL STABILITY. MARINO PARKING 1998 FINANCIAL STATEMENTS SYSTEMS, INC. PARKING COMPANY 1997 FINANCIAL STATEMENTS OF AMERICA CITY OF MIAMI BEACH PARKING DEPARTMENT VALET PARKING SERVICES TOPA/CONVENTION CENTER - RFP NO. 60-98/99 PROPOSER FIXED MONTHLY NAME PAYMENTS AAA PARKING INC. $8,000 PER MONTH. $96,000 PER YEAR. ASSOCIATED PARKING $5,500 PER MONTH. SYSTEMS, INC. $66,000 PER YEAR. CENTRAL PARKING OF $5,000 PER MONTH. FLORIDA, INC. $60,000 PER YEAR. GOLD STAR PARKING SEPTEMBER $4,000. SYSTEMS, INC. OCTOBER $4,000. NOVEMBER $7,000. DECEMBER $8,000. JANUARY $8,000. FEBRUARY $8,000. MARCH $5,000. APRIL $4,000. MAY $3,000. JUNE $3,000. JULY $3,000. AUGUST $2,000. $62,835 [$59,000 TO CMB/$3,835 (6.5% SALES TAX TO STATE )]. $59,000 PER YEAR. MARINO PARKING $5,225 PER MONTH. SYSTEMS, INC. $62,700 PER YEAR. PARKING COMPANY $5,500 PER MONTH.* OF AMERICA $66,000 PER YEAR. * *INCLUDES SALES TAX. $5,142.50 PER MONTH (FREE AND CLEAR TO CMB). $61,710 PER YEAR (FREE AND CLEAR TO CMS). CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http1:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. 55'(, -9S TO: Mayor Neisen O. Kasdin and Members of the City mmission DATE: July 21,1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS AND CONTRACT WITH THE NUMBER-ONE RANKED FIRM, GOLD STAR PARKING SYSTEMS, INC., PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 60-98/99 FOR A TWO- YEAR CONTRACT TO PROVIDE VALET PARKING SERVICES FOR THE PATRONS OF THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS, AT THE MIAMI BEACH CONVENTION CENTER, AND AT OTHER SITES WITHIN THE CITY OF MIAMI BEACH, WITH THREE ONE-YEAR RENEWAL OPTIONS. ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND The City of Miami Beach currently has a Concession Agreement with Gold Star Parking, Inc. for valet parking services at the Jackie Gleason Theater of the Performing Arts, Miami Beach Convention Center, and other City Property, as may be required. Gold Star Parking, Inc. has provided this service since 1986. On October 1, 1986, a Concession Agreement was awarded to Gold Star Parking, Inc. for two (2) years, with a one (I) year renewal option. On October I, 1988, the City renewed the Concession Agreement for the one (1) year renewal period. In 1989, a Request for Proposals was issued to seek proposals to continue providing said services. Gold Star Parking, Inc. was the successful proposer and they were awarded a five (5) year Valet Parking Concession Agreement with five (5) one-year renewals at the City's option. At the June 17, 1998, City Commission Meeting, the Mayor and Commission approved the fifth and final one (I) year option to expire on September 14, 1999. 139 AGENDA ITEM-DK DATE l- '2J-9-Cf RFP No. 60-98/99 Page Two July 21, 1999 BACKGROUND( continued) A Request for Proposals was issued on May 13, 1999, with an opening date of June 16, 1999. Thirty- five (35) notices and twenty-two (22) specifications were issued, resulting in the receipt of proposals from the following six (6) firms: AAA Parking, Inc. Associated Parking System Central Parking System of Florida, Inc. Gold Star Parking Systems, Inc. Marino Parking Systems, Inc. Parking Company of America The scope of services requested in this RFP will result in an award of a valet parking Concession Agreement ("Agreement") for the operation of valet parking services at TOP A, the Convention Center, and/or other City Property, as requested by the City Manager, at the sole cost and expense of the operator. ANALYSIS An Evaluation Committee, consisting of the following persons, met on July I, 1999, to review and discuss the proposals: Saul Frances, Assistant Parking Director of On-Street Operations Marty Hyman, Vice Chairman, Transportation and Parking Committee Doug Tober, General Manager, SMG Victor Diaz, Resident Philip Morris, Resident The Proposals were evaluated based on the following criteria: A. Proposer's experience with similar contracts. B. Completeness of Proposed Operational Plan. C. Qualifications of Personnel/Staffing Pattern. D. Evidence of financial stability. E. Fixed Monthly Payment to be made to City for the Duration of the Agreement. The evaluation committee unanimously agreed that each of the five evaluation criteria were important and should be equally weighted; however, a key factor would be the ability to demonstrate the experience of the firm and their ability to provide excellent service. The committee unanimously recommended Gold Star Parking Systems, Inc. as the top-ranked respondent because of its proven (ten years) experience in operating similar venues, including: Jackie Gleason Theater of the Performing Arts, Miami Beach Convention Center, Gusman Cultural Center, and Coconut Grove Playhouse. Gold Star Parking Systems, Inc. provided a detailed and functional operational plan, including staffing patterns. 140 RFP No. 60-98/99 Page Three July 21, 1999 ANAL YSIS (continued) Although Gold Star Parking Systems, Inc. is the respondent with the lowest fixed annualized payment to the City, it is important to note that Gold Star Parking Systems, Inc. proposes payments that are within 10.6% of all other respondents, with only one exception (AAA Parking, Inc.). The committee carefully reviewed and discussed this particular evaluation criteria. The committee unanimously agreed that the City should not forego excellent service in exchange for the highest financial return to the City. Moreover, the highest financial return does not necessarily translate into the best possible service that may be provided. The fact that Gold Star Parking Systems, Inc. proposed the lowest fixed annualized payment to the City was overshadowed by: (1) Gold Star Parking Systems, Inc. proposes fixed payments that are within 10.6% of all other respondents. AAA Parking, Inc. was the respondent with the proposed highest financial return to the City; however, all five evaluation criteria were weighted equally. Therefore, they were unable to overcome Gold Star Parking Systems, Inc. in the overall ranking. (2) As aforementioned, Gold Star Parking Systems, Inc. demonstrates ten (10) years of experience in similar venues, including arenas, convention centers, and theaters of performing arts. (3) Gold Star Parking Systems, Inc. has made timely payments in past performance with the City. (4) Gold Star Parking Systems, Inc. has provided excellent service in past performance with the City. In accordance with the terms of the RFP, the City Manager has reviewed the Evaluation Committee's recommendation and concurs with its ranking of proposals. CONCLUSION The City Commission should adopt the Resolution to negotiate and award a two-year contract with three (3), one-year renewal options to Gold Star Parking Systems, Inc. ~~/ SR:CN1c~ . R:S( F:\PINeL\SAUL\60-99.RFP 141 CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GOLD STAR PARKING SYSTEMS, INC. FOR PROVIDING VALET PARKING SERVICES FOR THE PATRONS OF THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS, THE MIAMI BEACH CONVENTION CENTER, AND OTHER SITES WITHIN THE CITY OF MIAMI BEACH. THIS AGREEMENT made the 15th day of September, 1999 between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida (hereinafter called the "City"), and GOLD STAR PARKING SYSTEMS, Inc., a Florida Corporation, with offices at 1674 Meridian Avenue, Suite 308, Miami Beach, Florida 33139 (hereinafter called the "Operator"). WITNESSETH WHEREAS, the Mayor and City Commission, on behalf ofthe City, is vested with jurisdiction over and control of all City owned property in the City of Miami Beach; and WHEREAS, the Operator desires to obtain from the City, the exclusive privilege of operating valet parking concession(s) at various locations on City property in the City of Miami Beach, to provide services as hereinafter described, and the City desires to enter into an Agreement with the Concessionaire for operation of said concession(s); and WHEREAS, the Mayor and City Commission have authorized this Concession Agreement by the adoption of Resolution No. 99-23258. NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. The City hereby grants to the Operator, and the Operator hereby accepts from the City, exclusive agreement to operate valet parking concessionCs) on City property at the following locations within the City of Miami Beach in conformance with the purpose and for the period stated herein and subject to all the terms and conditions herein contained and hereinafter set forth: Jackie Gleason Theater of the Performing Arts, located at 1700 Washington Avenue, Miami Beach, Florida 33139 Miami Beach Convention Center, located at 1900 Convention Center Drive, Miami Beach, Florida, 33139 Other City Property, as required. 2. TERM. This Agreement shall have an initial term of two (2) years, commencing on the 15th day of September, 1999, and ending on the 14th day of September,2001. The City may, at its sole discretion, extend the Agreement term under all the terms and conditions contained in this Agreement for up to three (3) additional one (1) year terms, following expiration of the initial two (2) year term. The City must give the Operator written notice of its intention to extend the Agreement term not less than sixty (60) days prior to the end of the initial term, or the renewal term (as the case may be) then in effect. 3. USES. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following services, and only such business and services, at the locations as set forth below: (J) Operate a valet parking concession at the Jackie Gleason Theater of the Performing Arts (TOP A); the Miami Beach Convention Center (Convention Center); and such other locations on City property which the City Manager or his designee may specifically authorize in writing. (2) The Operator may use one hundred (100) parking spaces in Municipal Parking Lot 5C, located on the east north corner of Convention Center Drive and 17th Street, or at such other locations as the City Manager or his designee may specifically designate in writing (the parking facilities or the facility). No charge shall be made to the Operator for the use of the parking facilities referenced above. (3) At its option, the City shall make available additional parking spaces of up to thirty (30) parking spaces, at Municipal parking Lot 5H, located on the north side of 19th Street, between Meridian Avenue and Convention Center Drive, and/or up to one hundred and fifteen (115) parking spaces in Municipal Parking Lot 5F, located on the east side of Meridian Avenue between 17th and 18th Street, upon written request from the Operator, 24 hours in advance. 4. NOTICES. All notices from the City to the Operator shall be deemed duly served if mailed by registered or certified mail to the Operator at the following addresses: t;.QL(J STilI? /1/L.. "7 c.f 1f/I;t~IIJ/I9;V ~vc M,."" /!'CA'II 3'3f;S~ r(.... All notices from the Operator to the City shall be deemed duly served if mailed to: Office of the City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (w/copies to the City Attorney and Parking Director) 2 The Operator and the City may change the above mailing address at anytime upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a co-partnership between the City and the Operator or to constitute the Operator as an agent of the City. 6. MAINTENANCE. The City agrees to provide the facilities to Operator in their "as is" condition, except for such maintenance by the City as would normally be carried out in its day to day maintenance of City facilities, and/or as otherwise deemed appropriate by the City Administration with regard to maintenance of these particular facilities. Notwithstanding the foregoing, during the term hereof, Operator, at its sole cost and expense, shall, to the satisfaction of the City, keep and maintain the facilities, and all improvements thereon, as well as any portions of the Convention Center and/or Theater utilized by the Operator incident to this Agreement, as applicable, in good and sanitary order. Operator agrees to return them to the City in the same condition, or better, than they were provided to the Operator at the commencement of this Agreement. 7. ASSIGNMENT: NO SUBLET. The Operator may not sublet or assign this Agreement, or any part thereof, under any circumstances, without the prior written consent of the City. In the event Operator is a corporation, Operator agrees that no shareholder shall sell, assign, transfer or convey his stock (except by operation oflaw) nor, shall the corporation issue any additional shares of stock under any circumstances, without the prior written consent ofthe City; provided, however, the shareholders shall have the right to convey between themselves and their spouses and children, without consent. 8. IMPROVEMENTS. The Operator accepts the parking facilities provided in this Agreement in their present "as is" condition. The Operator must first obtain the City's approval in writing for any alterations, additions or improvements to the facilities and then must pay for such modifications, which become City assets upon completion. Detailed plans for improvements shall be submitted to the City within sixty (60) days following the execution of this Agreement. The Operator must provide, install and maintain, at its own cost and expense a valet parking stand(s), kiosk(s), and/or booth(s). 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 designee. Storage of said equipment is the sole responsibility of the Operator. The Operator shall have the right to use City equipment, furnishings, and fixtures, if any, that may be presently used in conjunction with the operations with the prior written consent of the City Manager or his designee. The Operator shall maintain said equipment, furnishings, and fixtures, if there are any, during the term of this Agreement at its sole cost and expense. In the event any of the aforesaid items are lost, stolen, or damaged, they shall 3 be replaced or repaired at the cost and expense of the Operator, ordinary wear and tear excepted. Upon the expiration or termination of the Agreement, the Operator shall quietly and peacefully, redeliver said equipment, furnishings and fixtures to the City. 9. SECURITY. The Operator must provide any security measures which may be required to protect his area and his equipment, materials and facilities. Said security measures may not violate other restrictions of this Agreement. 10. PERMITS: LICENSES: TAXES. The Operator agrees to obtain and pay for all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Operator. The Operator shall also be solely responsible for payment of any and all taxes levied, as a result of its use(s) pursuant to this Agreement, including any and all ad valorem taxes that may be levied against the facilities as a result of Operator's use of same. In addition, the Operator shall comply with all rules, regulations and laws of the City of Miami Beach, Dade County, the State of Florida, or the U.S. Government now in force or hereafter to be adopted. The Operator shall pay for any and all occupationallicense(s) necessary for the conduct of the business in a given fiscal year, in full, not later than September 30th of the prior fiscal year. II. UTILITIES. The Operator agrees to pay for all electricity used within the facilities. The Operator agrees to supply all other utilities, including but not limited to, water, gas, telephone and garbage disposal. 12. SIGNAGE. Operator shall provide, at its sole cost, required signs at all public approaches to the facilities. All advertising, signage and posting shall be approved by the City Manager or his designee, and must be in accordance with the applicable sign criteria, as required by the City's Planning and Zoning Department or the City's Zoning Ordinance, as amended. 13. TRASH AND GARBAGE REMOVAL. With respect to trash, rubbish and garbage removal, the Operator shall provide, at its expense, sufficient trash receptacles. Dumping of receptacles and removal of trash, rubbish and garbage in connection with the use(s) pursuant to this Agreement shall be the responsibility of the Operator, and shall be coordinated with the Convention Center and TOP A. 14. PERFORMANCE SECURITY. The Operator will post either a Performance Bond, Irrevocable Letter of Credit or, a cash deposit, in the amount of five thousand dollars ($5,000) prior to the execution of this Agreement. If a bond is posted, said security will be in effect upon execution of the Agreement. The form and substance ofthe Performance Bond is subject to the approval of the City. If the security is in the form of a Letter of Credit, said Letter of Credit must be valid for the duration of the Agreement. Annual Letters of Credit which are renewable each year are not acceptable. 4 15. RENTAL. The Operator shall pay to the City a monthly fixed minimum rental payment as follows: f; ~O(CJd.)O $-1,000.00 for the period commencing on September 15, 1999, and ending on September 30, 1999; .f!7'~Ot" C (' $2,000.00 for the month of October, 1999; -# fOllt., c'c' $6,500.00 for the month of November, 1999; -11 ?t'NI; I)t $~00.08 for the month of December, 1999; ItPt1iJt.l, IJ{) $tl,5QO.08"for the month of January, 2000; ~'fot'f), lJi) $6,~99.00 for the month of February, 2000; -#:"S(;rJor 00 $6;-500.08" for the month of March, 2000; '* ~<<" 00 $.9,500.08 for the month of April, 2000; '* 30()O ,CC' $6,580.00 for the month of May, 2000; 413C'(l(),()(1 $6~599.00 for the month of June, 2000; ~ 3(){)(),OO $~090.0e-for the month of July, 2000; -# .:!.oOC't OCt $?--,066.00' for the month of August, 2000; .~ 3c~);oo $1-;000.00 for the period commencing on September 1,2000, and ending on September 14, 2000; -# .:!.t'OO, 00 $1,OOO.OOfor the period commencing on September 15,2000, and ending on September 30, 2000; ..:fI~()tX', 00 $2,000.00 for the month of October, 2000; -~ 70t:lll, C7> $6,500.09 for the month of November, 2000; :. R"fJ(l{){ ~ $<3,500.09 for the month of December, 2000; RCl)c, OO$6,506.001'or the month of January, 2001; -I rfJOOI ~{.'$4,500.0e for the month of February, 2001; -15()I)IJ, DO$6,500.0t1 for the month of March, 2001; ~ ~t'1 ttV$6;-565.00 for the month of April, 2001; -i3()oC', 00 $~98.0o-[or the month of May, 2001; .$ ..3000, e(l ~ for the month of June, 2001; ., ~()O(), IX> $-1,090.00 for the month of July, 200 I; .t)t ~()l't" ~ $z.,065.00 for the month of August, 200 I; ..j _':loot), 00$ LJ)QO.OO for the period commencing on September I, 200 I, and ending on September 14, 2001; throughout the term of the Agreement. The monthly fixed rental payment shall be made to the City, regardless of gross receipts. The City reserves the right to negotiate the fixed monthly payments annually, upon renewal, and upon any valet rate increase by the City. Said fixed monthly rental payment begins to accrue on the first (1st) day of the month. It is also understood that any applicable Florida State Sales and Use Tax on rental payments shall be added to the Operator's fixed monthly rental payment(s) and forwarded to the City as part of said payment. It is the intent of the City that it is to receive the amount as net, free and clear of all costs and that the fee be paid monthly. The term "gross receipts" is understood to mean all income collected or accrued, derived by 5 the Operator under the privileges granted by his Agreement or other document entered into with the City, excluding amounts of any Federal, State, or City sales tax, or other tax, collected by the Operator from customers and required by law to be remitted to the taxing authority. A monthly report of activities shall be submitted to the Parking Director by the 10th 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 event, exact location(s) (Hall, TOP A, etc.), number of transactions (vehicles), gross receipts per event/location, and gross receipts totals. This report shall accompany the monthly statement of gross revenues; shall be submittal for sales tax; and will be subject to audit. 16. DEF AUL TIN PAYMENT. The monthly fixed rental payments and any other fees due must be submitted to the City, through the Parking Director, to be received no later than the tenth (10th) day, after the first day of each month. Operator shall submit a statement of "gross receipts" by the 10th of each month, weekends and holidays included. There shall be a late charge, per day, of$100.00 or two percent (2%) of gross receipts, whichever is greater, for such late payment, in addition to interest at the highest rate allowable by law, or 18 percent, whichever is greater. If the payment and accumulated daily penalties are not received within ten (10) days after the normal monthly payment due date (i.e., the 1 st day of the month), then the City, at its option, and upon seven (7) days notice to the Operator, may terminate the Agreement without further notice to the Operator recover the facilities, and begin procedures to collect the Performance Bond, or other security, required in Paragraph 14. 17. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorder, acts of God, etc., to some--but not all--of the facilities and equipment, the City will allow prorated adjustment of monthly payments up to the time the damage is repaired. 18. CITY LIEN. It is expressly agreed that the City shall have a continuing lien on all personal property of the Operator on the facilities, 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 Operator 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. 19. OPERATOR NOT TO REMOVE PROPERTY. The Operator agrees not to remove from the facilities any personal property brought thereon or any replacements thereto by the Operator for the purpose of this Agreement, except such items as may be removed with the express permission of the City. Upon expiration of the term of the Agreement, if the Operator has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he/she may remove personal property including equipment from the City 6 property, and shall do so within two (2) weeks following the expiration of this Agreement, provided such personal property and equipment can be removed without damage to the facilities. On failure to do so, the City may cause same to be removed and stored at the cost and expense of the Operator, and the City shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, plus the expense of the sale. 20. RECORDS: AUDIT. The Operator agrees to establish and maintain such records as may be prescribed by the City in the future to provide evidence that all terms of this Agreement have been and are being observed. The Operator grants to the City the right and authority to audit all records, documents, and books pertaining to its operation herein. Such audit will be conducted at locations and at a frequency determined by the City and communicated to the Operator. The Operator agrees to provide materials for the audit at the designated place within three (3) business days after the City's notice is received. Within sixty (60) days after each fiscal year, Operator shall deliver to the City a written annual statement certified as true, accurate and complete by the Operator. The Operator agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash payments. All financial records are to be maintained during the term of this Agreement, and for a period of one year following the termination of this Agreement. 21. COOPERATION. The Operator agrees to cooperate with the City in the conduct of surveys, to provide reports of visitor contacts, and to respond to department inquiries about public usage of concession services. Further, the City agrees to provide the Operator with advance notice of any special event and to coordinate with the Operator regarding same. The City also agrees to provide Operator with notice of the availability of plans for any remodeling of the facilities. 22. INSPECTION. The Operator agrees that the facilities may be inspected at anytime by authorized representatives of the City Manager or his designee or by any other state, county, or municipal officer or agency having responsibilities for inspections of such operations. The Operator agrees to undertake immediately the correction of any deficiency cited by such inspectors. 23. WAIVER OF INTERFERENCE. The Operator hereby waives all claims for compensation for loss or damage sustained by reason of any interference with its operations by any public agency or official in enforcing their duties or any laws or ordinances any such interference shall not relieve the Operator from any obligation hereunder. 24. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby expressly waives all claims for loss or damage sustained by the Operator resulting from fire, water, civil commotion or riot, or acts of God; and the Operator hereby expressly waives all rights, claims, and demands and forever releases and discharges the people of the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 7 25. NO LIENS. Operator 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, Operator agrees to cause such lien to be discharged within ten (10) days of said filing and in accordance with the applicable law and policy. 26. ORDERL Y OPERATION. ETC. The Operator shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the facilities. The Operator shall make available all areas of the facilities under his/her control for examination at anytime by the City Manager or his designee. 27. EMPLOYEES: MANAGERS: HOURS OF OPERATION. The Operator shall employ people to work who are literate, neat, clean, well-groomed and courteous. The Operator and any persons employed by him, shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this provision will be cause for termination of this Agreement. All employees shall observe all the graces of personal grooming; and shall serve patrons in a professional and courteous manner at all times. The Operator and its employees are considered, "Ambassadors of the City" and must comport themselves as follows: must greet patrons upon arrival and departure, shall make every attempt to quickly and courteously expedite the transfer of the patron's vehicle; shall attempt to accommodate any reasonable request of the patron. All employees shall wear City of Miami Beach identification badges and/or uniforms supplied by the Operator whenever on City property. The Operator and/or its employees shall not smoke, drink, and/or eat while actively serving patrons. The Operator shall have an experienced manager or managers overseeing the operations at all times. Conduct of the employees of the Operator shall be subject to reasonable regulation by the City Manager or designee. During the term of the Agreement the operations shall be open and properly staffed to support scheduled events as designated by the City Manager or his designee. 28. NO IMPROPER USE. The Operator will not use, nor suffer or permit any person to use in any manner whatsoever, any City property, including these facilities, for any improper, immoral or offensive purpose, or for any property 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 of hereafter enacted or adopted. The Operator will protect, indemnify, and forever save and keep harmless the City and individual members thereof and their agents, 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 the Operator or any employee, person or occupant. In the event of any violation by the Operator or if the City or its authorized representative shall deem any conduct on the part of the Operator to be objectionable or improper, the City shall have the right to terminate this Agreement, without further notice to the Operator, should the Operator fail to correct any such violation, conduct, or practice to the satisfaction of the City within twenty-four (24) hours receipt of notice of the nature and extent of such violation, conduct, or practice. 8 29. PRICES. Operator agrees that prices and fees charged for valet parking services shall not exceed those established by the Mayor and City Commission of the City of Miami Beach, as same shall be reviewed by the City Commission from time to time. 30. NO DANGEROUS MATERIALS. The Operator agrees not to use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. 31. NO CLAIM AGAINST CITY OFFICERS. EMPLOYEES. INDIVIDUALS. It is expressly understood and agreed by and between the parties hereto that the Mayor and Commission of the City of Miami Beach, and any and all employees of the City, and their officers and agents, are acting in a representative capacity and not for their own benefit; and that neither the Operator nor any occupant shall have any claim against them as individuals in any event whatsoever. 32. DEF AUL T AND TERMINATION. (a) Termination for Cause: If the Operator fails to comply with any of the terms and conditions hereof, except for non-payment of rent, which is separately treated in Paragraph 16 hereof, and such default is not cured within ten (10) days after written notice is given to Operator, the City shall have the right to immediately terminate this Agreement, without further notice to the Operator, and revoke the privilege of the Operator to come upon the facilities for the purposes for which this concession was granted, and may oust and remove all parties who may be present upon or occupy any part of the facilities for the purpose of exercising any rights so revoked. Continued occupancy of the facilities after termination of the privilege shall constitute trespass by the Operator, and may be prosecuted as such. The Operator shall pay to the City one hundred dollars ($100) per day as liquidated damages for such trespass and holding over and forfeiture of the Performance Bond, Irrevocable Letter of Credit, or cash deposit in the amount of five thousand dollars ($5,000). In addition, with regard to termination of the Agreement, the City shall retain the Performance Bond (or other security), and may pursue and all legal remedies available to it for such default. (b) Termination for Convenience: Notwithstanding the provisions in Paragraphs 16 and 32 (a), the City may, for its convenience, at its sole discretion and without cause, terminate this Agreement at any time during the term herein by giving thirty (30) days written notice to Operator of such termination, which shall become effective as of the date so specified in said written termination. (c) Habitual Default: In addition to Paragraphs 16 and 32 (a) and (b), respectively, in the event that the Operator has defaulted in the performance of, or breached any of the terms, covenants and conditions required herein to be kept and performed by the Operator, a total of four (4) times in a twelve (12) month period, in the sole opinion of the City and at its sole option and discretion, and regardless of whether the Operator has cured each individual condition of breach or default, as provided in 9 Paragraphs 16 and 32 (a), the Operator shall be determined by the City to be a "habitual violator". At the time such determination is made, the City shall issue to Operator a written notice advising of such determination and citing the circumstances therefore. Such notice shall also advise the Operator that there shall be no further notice or grace periods to correct a fifth (5th) breach or default, and that such breach or default, of whatever nature, taken with the previous four (4) breaches and defaults, shall be considered cumulative and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such fifth (5th) breach or default within a twelve (12) month period, this Agreement shall terminate, upon written notice of termination to the Operator, such termination to be effective upon the tenth (10th) day following the date of receipt thereof, and all payments due hereunder shall be payable to said date, and the Operator shall have no further rights hereunder. In such case, the City shall avail itself of the same remedies set forth in Paragraph 32 (a). 33. PRIVILEGE. It is the intent of the City, concurred in by the Operator, that this Agreement shall not, as against the City vest any right in the Operator; and shall be deemed only the grant of a privilege to the Operator to carry out the terms of this Agreement on property of the City so long as such Agreement or privilege shall be in force. 34. NOT A LEASE. It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to the Operator; that it is a Operator and not a Lessee; that the Operator's right to operate the concession shall continue only so long as the concession operation complies with the undertaking, provisions, agreements, stipulations and conditions of the Agreement. 35. NO DISCRIMINATION. The Operator agrees that there shall be no discrimination as to race, sex, color, creed, sexual orientation or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the facilities. All facilities shall be made available to the public, subject to the right of the Operator to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 36. INDEMNIFICATION OF CITY: INSURANCE. The Operator shall indemnify, defend and hold the City harmless, its officers, agents, and employees, from any and all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operations 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 City when applicable, and shall pay all cost (including attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited in any way be the type or amount of insurance carried by the Operator. The Operator shall carry and maintain in full force and effect at all times during his operation on City property the following insurance coverages: 10 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 the valet parking operator's activities connected with the handling of vehicles on public property. b. 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. The City must be named as an additional insured on the policies required above and it must be stated on the original certificate with thirty (30) days notice of cancellation or change. d. Workers' Compensation and Employers' Liability to meet the statutory requirements of the State of Florida. e. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have rating ofB+:VI or better per Best's Rating Guide, latest edition and must provide the City with 30 day written notice of cancellation. f. The Operator shall furnish original certificates of insurance, evidencing the required coverage, and receive approval of same, prior to the commencement of operations. No valet parking permit shall issued without proof of the insurance outlined herein. g. Certificates oflnsurance shall be approved by the City's Risk Manager and kept on file in the Risk Management Division, Third Floor, City Hall, and in the Procurement Department, Third Floor, City Hall and in the PARKING Department, 777 -17th Street, Suite 200, Miami Beach, Florida 33139. 37. STORAGE. Operator agrees that there will be no storage on-site or premises of any kind, of supplies or materials for valet parking operations. 38. JURISDICTIONAL DISPUTES. Any jurisdictional disputes concerning the Operator's rights under this Agreement versus other Operators rights under other agreements shall be resolved by the City Manager, and the decision of the City Manager will be final as to same. 39. CITY WITHDRAWAL OF CITY PROPERTY. The City retains the right to withdraw all or any portion of the facilities from the terms and conditions of the Agreement. The City shall give the Operator thirty (30) days written notice in the event of such withdrawal. In the event the City withdraws all of the facilities, the Agreement shall automatically terminate, without liability to either party herein. In the event the City withdraws less than all of the facilities, then the remaining property shall continue within the scope of this Agreement and the City agrees to make a proportionate adjustment in the monthly fixed fee amount due or II amend this Agreement accordingly. 40. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the law of the State of Florida. 41. LIMITATION OF LIABILITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1 0,000. The Operator hereby expresses its willingness to enter into this Agreement with the Operator's recovery from the City for any damage action for breach of contract to be limited to a maximum of $1 0,000 less the amount of all funds actually paid by the City to the Operator pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, the Operator hereby agrees that the City shall not be liable to the Operator for damages in an amount in excess of $1 0,000, which amount shall be reduced by the amount actually paid by the City to the Operator pursuant to this Agreement, for any action or claim 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 intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 42. VENUE: 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 or all terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. 43. RFP INCORPORATED. Request for Proposals No.60-98/99, together with any and all amendments thereto, and the Operator's Proposal in response thereto, are hereby incorporated by reference into this Agreement to the extent that they are not inconsistent with any terms herein. In the event of any inconsistency, this Agreement shall prevail. 12 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. CITY OF MIAMI BEACH ATTEST: ~w{ tuc~~ CITY CLERK BY: fI MAYOR OPERATOR BY: avPu#j~ ~. ~~. ~11-}(//( J > eJ-1Pt:f'l- RINT NAME/TITLE v-C'...IJ mlf ~ c: , WITNESSES:. JJ::0 ~t AFFIX (CORPORATE SEAL) F:\PING\$ALL \SAUL \ TOP A 99 .AG R APPROVED AS TO fORM & LANGUAGE 8~ fOR EXECUTION 1U~~ 13 STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Arthur Schultz, President of Gold Star Parking Systems, Inc., who is personally known to me or who has produced -- as identification. WITNESS my hand and official seal in the County and State last aforesaid this 11 th day of May, 2000. My Commission Expires: "..U" ~~~v.rst-. CARMEN A. ESTRELLA g*(i/:;;..\*~ MY COMMISSION" CC 839571 ~.~.~V EXPIRES: Sepl€ilI0er 20, 2003 "~iif.,~~'" Bonded Thru Notary Public UndelWriters ~<J!~ /Notary Public, Sttlte of Florida Ur/1Jc01 tfl. ~sk~/~ rill/Or) Typed, printed or stamped name of Notary Public