94-21201 RESO Incompelte
RESOLUTION NO.
94-21201
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA. AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE
CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND GOLD STAR. INC. FOR THE OPERATION OF A VALET
PARKING CONCESSION IN THE CITY OF MIAMI BEACH.
WHEREAS, on July 26, 1989, the Mayor and City Commission
adopted Resolution No. 89-19675, approving a Concession Agreement
between the City and Gold Star, Inc. (the Agreement); and
WHEREAS. the initial term of the Agreement shall expire on
September 14, 1994, and the City may, at its sole discretion,
extend the Agreement for up to five (5) years; and
WHEREAS, the Administration in consideration of an extension
of the Agreement for up to five (5) consecutive one (1) year
terms, has negotiated the attached First Amendment to Concession
Agreement, outlining increased percentage rentals and minimum
monthly guarantees to the City.
NOW. THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are
hereby authorized to execute the attached First Amendment to
Concession Agreement between the City of Miami Beach and Gold Star,
Inc. for the operation of a valet parking concession in the City of
Miami Beach.
PASSED AND ADOPTED this 15th
day of
June
, 1994
MAYOR
ATTEST:
FORM APPROVED
LE~.p
By \ ~az:y
Date ~ /'"7/ I~v
CITY CLERK
sf
FIRST AMENDMENT TO CONCESSION AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND GOLD STAR, INC.
THIS FIRST AMENDMENT made the
day of
1994, between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida
(hereinafter called the City) and GOLD STAR, INC., a Florida Corporation, with offices at
12355 Northeast 13th Avenue, Suite 103, Miami, FL 33161, (hereinafter called the
Concessionaire):
WITNESSETH:
WHEREAS, the City and Concessionaire, entered into a Concession Agreement
(hereinafter referred to as the Agreement), dated September 14, 1989 and attached hereto as
Exhibit "A", for the privilege of operating valet parking concessions at various locations on
City property, including the Jackie Gleason Theater of the Performing Arts (TOPA), Miami
Beach Convention Center, and Colony Theater; and
WHEREAS, the original term of the Agreement commenced on September 15, 1989,
and shall end on September 4, 1994, with the City having the option, at its sole discretion,
to thereafter extend the Agreement for up to five (5) additional years; and
WHEREAS, pursuant to subsequent negotiations between the Administration and
Concessionaire, the parties herein wish to amend the Agreement, to renew and extend same
for up to five (5) consecutive one (1) year terms, and to include provisions increasing the
percentage rental and minimum monthly guarantees that Concessionaire is currently required
to pay to the City; all, subject to the terms and conditions set forth below.
NOW, THEREFORE, IN CONSIDERATION IF THE MUTUAL COVENANTS HEREIN
CONTAINED, AS THEY ARE GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF
WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:
1) Pursuant to paragraph 1(a) of the Agreement, the City agrees to extend the
Agreement, under all of the terms and conditions contained therein, for five (5) consecutive
one (1) year terms, commencing upon the expiration of the original five (5) year term on
September 14, 1994, and automatically renewing annually as follows:
1st Year
September 15,1994 -September 14,1995
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2nd Year
September 15, 1995 - September 14, 1996
3rd Year
AGENDA D J L I
September 15,1996 - September 14, 1997 ITEt1~ -~ - -
DATE to-lSJ1'f
4th Year September 15, 1997 - September 14, 1998
5th Year September 15,1998 - September 14,1999
Notwithstanding the above, the City shall retain the option of terminating this
Agreement, at its sole discretion, for convenience and without cause, at the end of any annual
renewal term, as set forth above. In the event that the City so terminates this Agreement, for
convenience and without cause, at the end of any given annual renewal term, it shall do so
by notifying the Concessionaire, in writing, thirty days' prior to such termination date,
2) Paragraph 1 (b) of the Agreement is amended as follows:
"b. ~: 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:
(1) Operate a valet parking concession at the Jackie Gleason Theater of the
Performing Arts (TOPA), SteJllleR Ml:lsS Miami Beach Convention Center,
Colony Theater and such other locations on City property which the City
Manager may specifically authorize in writing.
(2) The CSREessisRaiFe FAa"/Yse levels eRe aREI tv/e af the S8l:1tR'lIest cerRer af
tRe me le"/el ffll:IRieipal pafhiRg gaFage leeateEl iFRAleEtiatel"1 S81:1tR af TOPA er
at Sl:IeR ether Isc:atisAS as the Cilo/ ~.iaRger FAa',' speeifieally eiesigRate iA VlritiAg.
~Je eharge 51=1all l:3e FRaete fa the eSREEssisAaiFe fer the I:Ise af the FReterea
P3FI(iRg fatilities refereReeeJ a13s":e.
The Concessionaire mav use 100 soaces at the City-owned surface lot located
at the northeast corner of Convention Center Drive and 17th Street. until such
time as the Miami Beach City Ballet takes oossession of said lot under a Ground
Lease Allreement with the City of Miami Beach. dated Amil 14, 1994, for
construction of the Miami City Ballet Headouarters on oremises which would
include this surface lot. At such time as the Ballet takes oossession of said
surface lot, oursuant to the terms of its Ground Lease Allreement. the City
Manaller shall soecificallv desillnate in writinll, another oarkinll location for
Concessionaire's use."
3)
Paragraph 15 of the Agreement is amended as follows:
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"Percenta2e Rental in accordance with the following schedule:
35% af grass reeeiflls l:lfl ta $8,999,913 fler FftaAtll
38% of gross receipts fraFft $8,991,9Q l.!I2...12 $12,000.00 per month.
41 % of gross receipts over $12,001.00 per month, or a
Minimum Monthlv Guarantee in accordance with the following schedule:
$700.00 per month during the First Year of the Agreement.
$900.00 per month during the Second Year of this Agreement.
$1,000.00 per month during the Third Year of this Agreement.
..
$1,1000.00 per month during the Fourth Year of this Agreement.
$1,200.00 per month during the Fifth Year of this Agreement.
$1,199.99 S2000.00 per month during the Sixth through the Tenth Years, if
the option to extend this Agreement is exercise in accordance with the
provision of paragraph 1(a) hereof."
4) The parties hereby ratify and confirm all of the terms and conditions of the
Agreement which remain unchanged.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed
by the respective duly authorized officers, and the respective corporate seals to be affixed this
day of
,1994.
CITY OF MIAMI BEACH
ATTEST:
Mayor Seymour Gelber
City Clerk
WITNESSES:
GOLD STAR, INC.
President
RJNcnm/RJAdskl\i,,<<oldslor .0&<<619194)
Corporate Seal
FORM APPRO,VED
/
LE~ ~,
By \. -f7~~
Date 6/1 1ft"
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RBSOLUTION NO.
89-19675
A RBSOLUTION OP TO CITY COIOlISSION OP THB
CITY OP MIAMI BIACH AUTHORIZING THI KAYOR AND
THI CITY CLIRK TO IXICUTB A CONCISSION
AGRBBlIIlI'l' BBTWIIN THB CITY OP MIAMI BIACH AND
GOLD BTAR, INC. POR THI OPIRATION OP A VALIT
PARKING CONCISSION IN THI CITY OP MIAMI BIACH
WBBRBAB, the City Administration, through the Department of
Purchasing and Property Management, solicited a Request for
Proposal 156-88/93 for the Operation of a Valet Parking Concession
in the City of Miami Beach; and
WHBRBAB, a Proposal was received from Gold star, Inc; and
WHBREAS, a Concession Agreement has been recommended by the
City Manager and approved as to form by the City Attorney.
NOW, THBRBPORB, BB IT DULY RBBOLVlD BY THB CITY COIOlISSION OP
THB CITY OP MIAMI BIACH that the Mayor and the City Clerk are
hereby authorized ,to execute the Concession Agreement between the
City of Miami Beach and Gold star, Inc. for the operation of a
valet parking concession in the City of Miami Beach.
PASSBD AND ADOPTID THIS 26th day of
July
, 1989.
ATTBSTI
,f~ ~ U3J~
CITY CLIRK
APPROVlD AB TO PORN I
67 -Zr ?? ~...-
LIGAL DIPARTHllI'l'
DATIl
1ft'/??
I f
PNB:HCM:ses
H3
, ,
CONCESSIONAGREEKENT BETWEEN
, THE CITY or KIAMI BEACH
AND
GOLD STAR, INC.
THIS AGREEMENT made the 14th day of Seotember ,1981-
between the City of Miami Beach, a Municipal corporation of the
state of Florida (hereinafter called the "city") and Gold Star,
Inc., a Florida Corporation, with offices at 12355 N.E. 13th
Avenue, suite 103, Miami, Florida 33161 (hereinafter called the
"Concessipnaire").
WITNESSETH
WHEREAS, the City Manager's Office is vested with jurisdiction
over and control of all City owned property in the City of Miami
Beach and is responsible for the operation and maintenance of such
facilities on city owned property under its jurisdiction as may be
necessary, desirable or convenient for the use of the public for
healthful recreation or enjoyment, and
WHEREAS, the concessionaire desires to obtain from the City
the 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 Agreement with the Concessionaire for operation of said
concessions:
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 Concessionaire, and the
Concessionaire hereby accepts from the City, exclusive
agreement to operate valet parking concession on city
property at various 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 fairly implied by the terms
hereinafter set forth.
a.
of
of
September
September
A.D., 1989 and shall end on the
A.D., 1994 for a term of five (5)
15th day
14th day
years.
~. THIS AGREEMENT SHALL COMMENCE ON THE
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The City may, at 'its sole discretion, extend the
Agreement term under aU of the terms and conditions
contained in this Agreement for up to five (5) additional
years following expiration of the original five year
term. The city must give the concessionaire written
notice of its intention to extend the Agreement term not
less than ninety (90) days prior to the end of the
Agreement term then in effect.
b. 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:
(1) operate a valet parking concession at the
Jackie Gleason Theatre of the Performing Arts,
(TOPA), Stephen Muss Convention center, Colony
Theatre and such other locations on City
property which the city Manager may
specifically authorize in writing.
(2) The Concessionaire may use levels one and two
of the southwest corner of the two level municipal
parking garage located immediately south of TOPA or
at such other locations as the City Manager may
specifically designate in writing. No charge shall
be made to the concessionaire for the use of the
metered parking facilities referenced above.
c. RFP INCORPORATED. The Request for Proposal
No. 156-88/93 together with any and all amendments
thereto, and the Concessionaire'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.
2. NOTICES. All notices from the city to the
Concessionaire shall be deemed duly served if mailed by
registered or certified mail to the Concessionaire at
. 'the following addresses:
Gold Star, Inc.
Attention: Arthur J. Schultz, President
12355 N.E. 13th Avenue, suite 103
Miami, Florida 33161
All notices from the Concessionaire to the city shall be
deemed duly served if mailed to:
The City Manager
The City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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The Concessionaire and the city may change the above mai11ng
address at anytime upon giving the other party written
notification. All notices under this Concession Agreement
must be in writing.
3. NOT A LEASE. It is expressly understood and agreed that
no part, parcel, building, structure, equipment or space is
leased to the concessionaire; that he is a Concessionaire and
not a Lessee: that the Concessionaire's right to operate the
concession shall continue only so long as the concession
operation complies with the undertakings, provisions,
agreements, stipulations and conditions of this Concession
Agreement.
4. NO PARTNERSHIP. Nothing herein contained shall create
or be construed as creating a co-partnership between the city
and the Concessionaire or to constitute the concessionaire as
an agent of the city.
5. MAINTENANCE. The city agrees to make available to the
Concessionaire the previously identified metered parking
facilities for use under this agreement. The city agrees to
provide the assigned facilities in their "as is" condition
and the concessionaire agrees to return them to the City in
at least as clean a condition as they were found.
6. EXECUTORY AS TO APPROPRIATIONS. The city's
responsibilities which require annual appropriations are
deemed executory only to the extent that funds are available
for the purpose in question.
7. ASSIGNHENT: SUBLET. The City may, by amendment to the
Concession Agreement, authorize the Concessionaire to expand
the services provided. To encourage continuity of successful
operations, the City may give preference to the existing
Concessionaire in the extension or renewal of this Agreement.
The Concessionaire may not assign this Concession Agreem~nt,
or any part thereof, without prior written approval of the
City Hanager, which approval will not be unreasonably
withheld or delayed. The City may consider the following
matters in determining whether to withhold a grant approval
of a proposed assignment: (1) the financial worthiness of the
proposed buyer: (2) the character and background of the
officers, directors and stockholders of the proposed buyer:
and (3) the prior experience of the proposed buyer in
conducting concessions of the nature set forth herein. In the
event Concessionaire is a corporation, concessionaire agrees
that no shareholder shall sell, assign, transfer or convey
his stock (except by operation of law) nor shall the
corporation issue any additional shares of stock without the
prior written consent of the city Hanager.
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Provided, however, the shareholders shall have the right to
convey between themselves. and their spouses and children,
without consent. Granting of subconcession agreements is
solely within the discretion of the City and may be
unreasonably withheld.
8. IMPROVEMENTS. The Concessionaire accepts the space
provided under this Agreement in their present condition. The
Concessionaire must first obtain the City's concurrence for
any alteration or additions or improvements to physical
facilities and then must pay for such modifications, which
become city assets upon completion. Detailed plans for any
contemplated leasehold improvements shall be submitted to the
city within sixty (60) days following the signing of this
Agreement. The Concessionaire must provide, instal~ and
maintain, at its own cost and expense, all equipment required
to operate the concession. The Concessionaire shall have the
right to use the City equipment, furnishings, and fixtures
that may be presently used in conjunction with the
operations. The Concessionaire shall maintain said equipm~nt,
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 be replaced or repaired at the cost and expense of the
concessionaire, ordinary, wear and tear excepted. Upon the
expiration of the Agreement, the Concessionaire shall quietly
and peacefully redeliver said equipment, furnishings and
fixtures to the city.
9. SECURITY. The Concessionaire must provide any security
measures which may be required to protect his area, his
equipment, materials and facilities and the equipment of his
patrons. Said security measures may not ,violate other
restrictions of this Agreement.
10. PERMITS: LICENSES: TAXES. The Concessionaire agrees to
obtain and pay for all permits and licenses necessary for the
conduct of the business and agrees to comply with all l~ws
governing the responsibility of an employer with respect to
persons employed by the Concessionaire. The Concessionaire
shall also be solely responsible for payment of any and all
taxes levied on the concession operation. In addition, the
Concessionaire 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.
11. UTILITIES. The city agrees to pay for all electricity
used in the concession operation. The Concessionaire agrees
to supply all other utilities, including but not limited to
electric, water, gas, telephone and garbage disposal.
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12. SIGNAGE. Concessionaire ,shall provide, at his sole
cost, required signs at all public approaches to his
concessions. All advertising, signage and postings shall be
approved prior to their installation or use by the City
Manager or his designee.
13. TRASH AND GARBAGE REMOVAL. with respect to trash,
rubbish and garbage removal, the Concessionaire shall provide
at his expense, trash receptacles in any area where valet
parking tickets are distributed. The Concessionaire shall
instruct and monitor his employees to assure that litter
associated with the concession operation is minimized.
Clean up of litter~ dumping of receptacles, and removal of
trash and garbage in connection with this project shall be
the responsibility of the Concessionaire.
14. PERFORMANCE SECURITY. The Concessionaire shall post a
Performance Bond, Irrevocable Letter of Credit or cash
deposit in the alternative in the amount of two thousand
dollars ($2,000) with the City upon the execution of this
Agreement. Said Performance Bond shall be issued by a surety
company authorized to do business in the state of Florida and
shall be refundable at the termination of this Agreement if
all terms and conditions of the Agreement accepted by the
Concessionaire have been satisfied. The form and subst~nce
of the Performance Bond is subject to the approval of the
city. If the Performance Bond is on an annual coverage basis,
renewal for each succeeding year shall be submitted to the
Director of Purchasing and Property Management, thirty (30)
days prior to termination date of existing Performance Bond.
15. RENTAL. The Concessionaire shall pay to the city
without demand, monthly rental sums as follows:
Percentaae Rental in accordance with the following schedule:
35\ of gross receipts up to $8,000.00 per month
38\ of gross receipts from $8,001.00 to $12,000.00 per month.
41\ of gross receipts over $12,001.00 per month, or a
Minimum Monthlv Guarantee in accordance with the following
schedule:
$700.00 per month during the First Year of this Agreement.
$900.00 per month during the Second Year of this Agreement.
$1,000.00 per month during the Third Year of this Agreement.
$1,100.00 per month during the Fourth Year of this Agreement.
$1,200.00 per month during the Fifth Year of this Agreement.
$1,400.00 per month during the sixth through the Tenth Years,
if the option to extend this Agreement is exercised in
accordance with the provisions of Paragraph 1a hereof.
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Rent begins to accrue on the following date: September 15,
1989.
Said rental percentage shall be paid to the City by the 15th
of each month for the preceding month, and said payment shall
be accompanied by a statement of gross receipts for the
preceding month. It is also understood that the applicable
Florida State Sales and Use Tax on rental payments shall be
added to the Concessionaire's rental payment and forwarded to
the City as part of said payments. It is the intent of ~he
city that it is to receive the rental amount as net, free and
clear of all costs and charges arising from, or relating to,
said demised premises and that the minimum monthly guarantee
or the percentage rent, whichever is greater, be paid
monthly. The term "gross receipts" is understood to mean all
income collected or accrued, derived by the Concessionaire
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 Concessionaire from customers and required by law to be
remitted to the taxing authority. All gross receipts
generated as a result of any subconcession agreement entered
into pursuant to this agreement shall be deemed to be gross
receipts of the Concessionaire for the purposes of
calculating the fee payable to the city.
16. DEFAULT IN PAYMENT. A monthly report of gross receipts,
the rental payment computed on that amount, and any other
fees due must be submitted to the City, through the Director
of Purchasing and Property Management, to be received no
later than fifteen (15) days after the close of each month.
In the event Concessionaire fails to pay this consideration
within five (5) days of such due date, there shall be a late
charge of $50.00 for such late payment, in addition to
interest at the rate of 12' per annum. If the cOlUlission
payment and accumulated daily penal ties are not received
within thirty (30) days after the normal monthly payment due
date, then the City may take possession of the
Concessionaire's assets on City property, may cancel this
Concession Agreement, and may begin procedures to collect the
Performance Bond required in Paragraph 14 above. A monthly
report of activities shall be submitted to the Director of
Purchasing and Property Management by the 15th of each month.
This report can be in the form developed by the
Concessionaire and approved by the Director of Purchasing and
Property Management. This report shall accompany the monthly
statement of gross revenues and will be subject to audit.
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17. FORCE MAJEU,_:. If closure of the faci:. ies 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 prorata 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
Concessionaire on the premises, 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 tb 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. CONCESSIONAIRE NOT TO REMOVE PROPERTY. The
Concessionaire agrees not to remove from the city property
any personal property brought thereon or any replacements
thereto by the Concessionaire for the purpose of this
Concession Agreement, except such items as may be removed
with the express permission of the City. Upon expiration of
the term specified in Paragraph 1-a above, if the
Concessionaire has made full payment under this Concession
Agreement, and has fully complied with the terms of this
Agreement, he may remove his personal property including
equipment from the city property and shall do so within two
(2) weeks following the expiration of this Agreemc~t,
provided such personal property and equipment can be removed
without damage to the premises. On failure to do so, the city
may cause same to be removed and stored at the cost and
expense of the Concessionaire, 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
expen~" plus the expense of the sale.
20. RECORDS: AUDIT. The Concessionaire 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
Concessionaire grants to the City the right and authority to
audit all records, documents, and books pertaining to the
concession operation.
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Such audit will be conducted at locations and at a frequency
determined by the City and communicated to the
Concessionaire. The Concessionaire 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, Concessionaire
shall deliver to the City a written annual statement of the
gross receipts for such fiscal year. Said statement shall be
certified as true, accurate and complete by the
Concessionaire and by a Certified Public Accountant. The
Concessionaire agrees to use point-of-sale machines or other
accounting control equipment for the proper control of cash
and payments. All financial records are to be maintained
during the entire term of this Agreement and for a period of
three years following the termination of this Agreement.
21. COOPERATION. The Concessionaire 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 Concessionaire with advance notice of
any special event and to coordinate with the Concessionaire
regarding same. City also agrees to provide Concessionaire
. with notice of the availability of plans for any remodeling
of the facilities.
22. INSPECTION. The Concessionaire agrees that the
concession facilities and premises 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 Concessionaire agrees to undertake
immediately the correction of any deficiency cited by such
inspectors.
23. WAIVER OF INTERFERENCE. The Concessionaire hereby
waives all claims for compensation for loss or damage
sustained by reason of any interference with the concession
operation by any pUblic agency or official in enforcing their
duties or any laws or ordinances any such interference shall
not relieve the Concessionaire from any obligation hereunder.
24. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby
expressly waives all claims for loss or damage sustained by
the Concessionaire reSUlting from fire, water, tornado, civil
commotion or riot: and the Concessionaire 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.
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25. 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) working days and in accordance with the
applicable law and policy. The Concessionaire agrees to
provide the authorized services to the public at all hours as
requested by the Director of the Stephen Muss Convention
Center.
26. ORDERLY OPERATION. ETC. The Concessionaire shall have
a neat and orderly operation at all times and shall be solely
responsible for the necessary housekeeping services to
properly maintain the premises. The Concessionaire shall'make
available all areas of the premises under his control for
examination at anytime by the city Manager or his authorized
representative.
27. EMPLOYEES:MANAGERS:HOURS OF OPERATION. The Concessionaire
shall employ people to work in his operations who are
literate, neat, clean, well-groomed and courteous. The
Concessionaire 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
grounds for refusal to hire by the City Manager or his
designee. All employees shall observe all the graces of
personal grooming. All employees shall wear City of Miami
Beach identification badges or uniforms supplied by the
Concessionaire whenever on city property. The Concessionaire
shall have an experienced manager or managers overseeing the
concession operations at all time.. Conduct of the employees
of the Concessionaire shall be subject to reasonable
regulation by the city Manager or his designee. During the
term of the Agreement the Concession shall be open and
properly staffed to support scheduled events as designated by
the City Manager or his designee.
28. NO IMPROPER USE. The Concessionaire will not use, nor
suffer or permit any person to use in any manner whatsoev~r,
the city property fo,r 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. The Concessionaire
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
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violation, or breach of any law; ordinance, rule, order or
regulation occasioned by any act, neglect or omission of the
Concessionaire or any employee, person or occupant. In the
event of any violation by the Concessionaire or if the City
or its authorized representative shall deem any conduct on
the part of the Concessionaire to be objectionable or
improper,. the City shall have the right to suspend the
operation of the concession should the Concessionaire fail to
correct any such violation, conduct, or practice to the
satisfaction of the City within twenty-four (24) hours after
receiving notice of the nature and extent of such violation,
conduct, or practice, such suspe sion to continue until the
violation is cured. The Concessi naire further agrees not to
commence operation during the su pension until the violation
has been corrected to the satisf ction of the city.
29. PRICES. Concessionaire a rees that prices and fees
charged for valet parking shallot exceed those established
by the city commission of the ci y of Miami Beach.
30. NO DANGEROUS MATERIALS. T e Concessionaire agrees not
to use or permit in the faeility the storage of illuminating
oils, oil lamps, turpentine, enzine, naphtha, or other
similar substances, or explos ves of any kind, or any
substance or thing prohibited n the standard policies of
fire insurance companies in the tate of Florida.
31-
It is expressly understood and agreed by and between the
parties hereto that the memb rs constituting the City
Manager's Office of the city of iami Beach, and its officers
and agents are acting in a rep esentative capacity and not
for their own benefit: and tha neither the Concessionaire
nor any oecupant shall have any claim against them or any of
them as individuals in any even whatsoever.
32. DEFAULT AND TERMINATION. I the Concessionaire fails to
comply with any of the terms and conditions hereof except for
non-payment of rent whieh is se arately treated in Paragraph
18 hereof, and sueh default is ot cured within fifteen (15)
days after written notice is iven to concessionaire, the
City may cancel this Agreement and revoke the privilege of
the Concessionaire to come up n the City'S property for
purposes for which this coneession was granted and may oust
and remove all parties who may e present upon or occupy any
part of the premises for the pu pose of exercising any rights
so revoked. Continued occupa cy of the facility after
termination of the privilege sh 11 constitute trespass by the
Concessionaire, and may be pros cuted as such.
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153
In addition, the Concessionaire shall pay to the City one
hundred dollars ($100) per day as liquidated damages for such
trespass and holding over.
33. PRIVILEGE. It is the intent of the City, concurred in by
the Concessionaire, that this Agreement shall not, as against
the City, vest any right in the Concessionaire, and shall be
deemed only the grant of a privilege to the Concessionaire 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. NO DISCRIMINATION. The Concessionaire agrees that there
shall be no discrimination as to race, sex, color, creed 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 premises. All facilities located on the
premises shall be made available to the public, subject to
the right of the Concessionaire to establish and enforce
rules and regulations to provide for the safety, orderly
operation and security of the facilities.
35. INDEMNIFICATION OF CITY: INSURANCE. The Conce..ionaire
hereby agree. to indemnify, defend and hold the City harm1e..
the City of Miami Beach, a municipal corporation, its
officers, agents, and employees from .all claims for bodily
injuries to the public in and up to the amount of $500,000.00
for each occurrence and for all damages to, the property of
others in and up to the amount of $500,000.00 for each
occurrence including costs of investigation, all expenses of
litigation, including reasonable attorney fees and the c~st
of appeals arising out of any such claims or suits because of
any and all acts of omission or commission of any by the
concessionaire, his agents, servants, or employees, or
through the mere existence of the project under contract. The
foregoing indemnity agreement shall apply to any and all
claims and suit. other than claims and suits arising out of
the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court
of competent jurisdiction. This indemnification shall not be
limited in any way by the type or amount of insurance carried
by the Concessionaire. The concessionaire shall carry and
maintain in full force and effect at all times during his
operation on city property the following insurance coverages:
Jt'1
-11-
a. Comprehensive General Liability (occurrence form),
limits of liability $500,000.00 per occurrence for
bodily injury property damage to include
Premises/operations; Products and Completed Operations;
Independent Contractors; Broad Form Property Damage
Endorsement and Contractual Indemnity (Hold Harmless
endorsement exactly as written in "insurance
requirementsll of specifications).
b. Garage Liability Garagekeepers liability insurance in
the minimum amount of $500,000.00 must be carried.
c. The city must be named as an additional insured on the
policies required above. All Certificates of Insurance
shall state: T~is insurance coverage is primary to all
other coverages provided by the City of Miami Beach.
d. Workers' Compensation and Employers' Liability to meet
the statutory requirements of the state of Florida.
e. Thirty (30) days written cancellation notice to the City
is required.
f. All insurance policies shall be issued by companies
authorized to do business under the laws of the stat. of
Florida and must have a rating of B+:VI or better per
A.M. Best's Key Rating Guide, latest edition.
g. The Concessionaire shall furnish original certificates
of insurance, evidencing the require,d coverage, and
receive approval of same, prior to the commencement of
operations.
h. Certificates of Insurance shall be approved by the
City's Risk Manager and kept on file in the Finance
Department, Insurance and Safety Division.
38. STORAGE. Concessionaire agrees that there will be no
storage of any kind of supplies or materials for vaiet
parking operations.
39. JURISDICTIONAL DISPUTES. Any jurisdictional disputes
concerning the Concessionaire's rights under this Agree.ent
versus other concessionaires rights under other agreements
shal~~e resolved by the city Manager.
40. FLORIDA LAW. This Agreement shall be governed by and
construed in accordance with the law of the State of Florida.
-12-
'5:>
'"-'
IH WITHISS WHIRlOP, 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.
ATTISTI
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CITY CLlRIt
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'::'-5
-13-
CITY OF
IViIAM',!' BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
15.=3 -q1
TELEPHONE: (305) 673-7010
FAX: (305) 673-7762
OFFICE OF THE CITY MANAGER
TO:
MayorSe~ourG~berand
Members of the Cny Commission
DATE:
June 15, 1994
FROM:
Roger M, Ca
City Manager
SUBJECT:
RENEWAL OP GOLD STAR PARKING SYSTEMS AGREEMENT"
POR VALET PARKING CONCESSIONS
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the
renewal of the concession agreement with Gold Star Parking Systems,
Inc. to continue providing valet parking services for the Miami
Beach Convention Center and the Jackie Gleason Theater of the
Performing Arts.
BACKGROUND:
Gold Star Parking Systeins, Inc., a Florida Corporation, with
offices at 12355 N.E. 13th Avenue, Suite 103, Miami, Florida 33161,
has an agreement with the City to provide valet parking concessions
at the Miami Beach Convention Center, the Jackie Gleason Theater of
the Performing Arts and the Colony Theater. This agreement has been
in place for five years and expires on September 14,1994.
The Convention Center and TOPA host a myriad of events throughout
the year. In an effort to expeditiously meet the increasing demand
for parking in the vicinity, the Administration recommends
extending the agreement with Gold Star Parking Systems. Inc. for
valet parking concessions.
ANALYSIS:
The following amendments are proposed to the existing contract:
1.
Term: Five (5) consecutive one (1) year terms, commencing
upon the expiration of the the original agreement.
2.
Use: Displacement of the use of levels one and two of the of
the southwest corner of the two level municipal parking garage
located immediately south of TOPA (currently the 5A surface
lot and formerly the two level garage) to 100 parking spaces
in the lot due west of TOPA (5C Lot), until such time as the
Miami City ballet project begins. At which time the 100
spac~s will revert to the SA surface lot or a location
specifically designated by the City Manager. Special
consideration may be given to requests for additional spaces,
however, requests must be approved the City Manager or his
designee. AGI~~~A R -1- L
fo-15-9'-{
1 :16
DATE
COMMISSION MEMORANDUM
PAGE TWO
JUNE 15, 1994
3. An increase in the guaranteed payment from $1,200 to $2,000
per month.
4, The current agreement provides for three (3)levels of monthly
revenue percentage payments. They are: 35% up to $8,000, 38%
up to $12,000 and 41% over $12,000. These would be merged
into two (2) levels:
(a) 38% of the collections up to $12,000.
(b) 41% of the collections over $12,000.
This would enhance the City's portion
collections up to $8,000 in any month with
increase of $3,000. Currently gross
annually with $41,000 paid to the City of
revenues during the additional years are
paid to the City;
of revenue by 3 % on
an expected net annual
revenues are $107,000
Miami Beach and expected
$116,000 with $44,000
CONCLUSION:
Based upon the experience and service of the concessionaire and in
an effort to provide added convenience to the parking public, the
Administration recommends that the City Commission approve the
resolution renewing the agreement between the City of Miami Beach
and Gold Star Parking Systems, Inc.
RMC:sf
1;:\7
CITY OF MIAMI BEACH
MEMORANDUM
DATE: June IS, 1994
SUBJECT: QUESTIONS CONCERNING RENEWAL OF GOLD STAR PARKING'S
AGREEMENT FOR VALET PARKING CONCESSIONS
Q, What happens when the Ballet commitment starts?
A. Parking spaces revert to either the SA, 17th Street Surface Parking Lot (renovated lot) or the
2G, 17th Street Parking Garage,
Q. Why isn't the SA Lot uSed?
A. Currently, the SA Lot (lot immediately south of TOPA) has a mixed use in that it is operated
by the CMB Parking Department, however, 100 parking spaces are utilized for storage of
vehicles from valet operations by Gold Star, The SA Lot is the most convenient location
for the public to self park for TOP A and serves as overflow parking for the Miami Beach
Convention Center. Therefore, the most appropriate location for storage of vehicles is the
I 7th Street Parking Garage.
Q. What is the rate and how does it change?
A. The rate is currently $6.00 per vehicle.. A rate of$7,oo is being proposed which appears on
the June IS, 1994 City Commission Agenda. This proposed increase will reflect current
market rates for valet parking service at similar facilities in the Greater Miami area,
Q, What standards are in place to note the time in and out at the facility?
A. The Parking Department shall "bag" all parking meters in the facility prior to the event to
ensure its availability. It is Concessionaire's responsibility to remove all vehicles upon
completion of the event. This lot is metered and is operational at 9 AM the following
morning.
Q. What insurance is provided?
A. The Concessionaire, by contract has agreed to indemnify, defend and hold hannless the City
of Miami Beach. Moreover, the Concessionaire has provided insurance coverage of
$500,000 per occurrence.
Q, How are customer's complaints reviewed?
A. Customer's complaints are investigated and resolved by the Parking Department. The
Parking Department is compiling a Code of Conduct for valet operators, which appears on
the June IS, 1994 City Commission Agenda. This code will regulate and provide a
progressive (three (3) step) disciplinary process for violations of the Code of Conduct.
ps