97-22474 RESO
RESOLUTION NO.
97-22474
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT,
PURSUANT TO RFP NO. 32-96/98, WITH CENTRAL PARKING
SYSTEMS OF FLORIDA, INC., FOR AN INITIAL PERIOD OF ONE
YEAR, COMMENCING ON AUGUST 4,1997, FOR THE SUPPLY
OF PARKING ATTENDANTS AND CASHIERS FOR THE CITY OF
MIAMI BEACH PARKING SYSTEM.
WHEREAS, on November 15, 1996, a Request For Proposals was issued to solicit proposals for
Parking Attendants and Cashiers for the City of Miami Beach Parking System (RFP No. 32-96/98); and
WHEREAS, a Selection Committee appointed by the City Manager met twice, first to short-list
the respondents and, second, to rank the respondents according to the matrix outlined in the Request For
Proposals; and
WHEREAS, the Selection Committee rated both VIP/Beach Parking Systems and Central
Parking Systems of Florida, Inc. as most responsive; and
WHEREAS, the Selections Committee's choice was split in their recommendation to the City
Manager; and
WHEREAS, on June 18, 1997, at the regularly scheduled City Commission meeting, the City
Manager's recommendation to the Mayor and City Commission was to enter into negotiations with
VIP/Beach Parking Systems; and
WHEREAS, notwithstanding the foregoing recommendation, the Mayor and City Commission
directed the Administration to enter into negotiations with Central Parking Systems of Florida, Inc., for
an initial one-year Agreement for the supply of parking attendants and cashiers for the City of Miami
Beach Parking System; and
WHEREAS, the attached Agreement for an intial period of one year will commence on August
4, 1997, and expire on August 3, 1998, with two (2) one-year extensions, at the City's option.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authorized to
execute the attached Agreement, pursuant to RFP No. 32-96/98 with Central Parking Systems of Florida,
Iny., for an initial period of one year, commencing on August 4, 1997, with two (2) one-year extensions,
at the City's option, to supply Parking Attendants and Cashiers for the City of Miami Beach Parking
System.
eo~d' YaA~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR execunON
PASSED AND ADOPTED this 16th day of July 1997.
ATTEST:
7~
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 50Q -Ql._
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
July 16, 1997
SUBJECT:
A RESOLUTION 0 HE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH ORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT, PURSUANT TO RFP NO. 32-96/98, WITH
CENTRAL PARKING SYSTEMS OF FLORIDA, INe., FOR AN INITIAL PERIOD
OF ONE YEAR, COMMENCING ON AUGUST 4,1997, FOR THE SUPPLY OF
PARKING ATTENDANTS AND CASHIERS FOR THE CITY OF MIAMI BEACH
PARKING SYSTEM.
FROM:
Jose Garcia-Pedrosa
City Manager
ADMINISTRATION RECOMMENDATION:
Authorize the execution of the Agreement.
AGREEMENT FUNDING:
Funding is available from the Parking Department Off-Street Division, Account Number 480.0463.000312.
BACKGROUND & ANALYSIS:
The City of Miami Beach issued RFP No. 32-96/98 on November 15, 1996 to solicit proposals for the
supply of Parking Attendants and Cashiers for the City of Miami Beach Parking System.
An Evaluation Committee, selected by the City Manager, was formed to review and rank the proposals
received. Of eleven proposals received, VIP/Beach Parking Systems and Central Parking Systems of
Florida, Inc., were ranked as most responsive.
On June 18, 1997, at the regular scheduled meeting, the Mayor and City Commission, directed the
Administration to enter into negotiations with Central Parking Systems of Florida, Inc., for an initial one
year Agreement with two (2) one-year extensions, at the City's option.
CONCLUSION:
In accordance with the action taken by the Mayor and the City Commission at the June 18, 1997, City
Commission meeting, the Administration recommends that the Mayor and City Commission authorize the
Mayor and City Clerk to execute an Agreement pursuant to RFP No. 32-96/98 with Central Parking Systems
of Florida, Inc., for an initial period of one year, commencing on August 4, 1997, for the supply of parking
attendants and cashiers for the City of Miami Beach Parking System.
DATE
~1~
1-1~-~1-
JGP~YG/bjb
A:\COMM\CENT.RES
AGENDA ITEM
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND CENTRAL PARKING SYSTEM OF FLORIDA, INC.,
TO PROVIDE PARKING ATTENDANTS AND CASHIERS
FOR THE CITY OF MIAMI BEACH CITYWIDE PARKING SYSTEM.
THIS AGREEMENT is made this /:IL day of Ai II~ I
. 1997, by and between
the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors,
legal representatives, and assigns, and CENTRAL PARKING SYSTEM OF FLORIDA, INC., a
Tennessee Corporation, (Contractor).
SECTION 1
.1
DEFINITIONS
Agreement:
This written Agreement between the City and the Contractor.
"
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Project
Coordinator:
An individual designated by the City Manager to coordinate, direct and
review on behalf of the City all technical matters involved in the Services.
Proposal
Documents:
Proposal Documents shall mean: a) the Request for Proposals No. 32-
96/98 (RFP No. 32-96/98) to solicit proposals for Parking Attendants and
Cashiers for the City of Miami Beach Parking System; and b) the
Contractor's proposal and response (Proposal), which is incorporated
by reference in this Agreement and made a part hereof.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Contractor performed pursuant to
or undertaken under this Agreement as described in Section 2.
Termination:
Termination of Contractor's Services as provided in Subsection 4.7 of
-,
this Agreement.
SECTION 2
"
SCOPE OF WORK AND SERVICES REQUIRED
The Contractor's scope of work will require him/her to have quality hourly employees,
positioned as parking attendants and /cashiers for the City of Miami Beach Parking System,
as deemed necessary by the City. These individuals will be employees of the Contractor and
shall at no time be considered City employees.
Attendants will be used for all parking operations. Contractor will utilize other
Contractor's employees to "fill-in" for lunch breaks, vacation days and sick days of all
personnel. Staffing will be the sole responsibility of the Contractor. City shall determine all
staffing levels.
-2-
It is the responsibility of the Contractor to ensure that all personnel keep uniforms in
like-new condition and that issued uniforms are worn, per the standards issued by the City.
Contractor will provide and directly pay for the cost of uniforms for all parking attendants and
cashiers.
Contractor will provide for individual honesty tests, as may be required from time to
time during the hiring process.
Contractor's personnel will reconcile the cash drawer and parking tickets from transient
parkers, reconcile and balance the cash revenues transaction sheets and will deposit said cash
directly into the on-site depository, on a daily basis. Contractor will provide City with copies
of the deposits and all reconciled cash revenue reconciliation sheets on a daily basis.
The City shall provide additional customer-service training to all of th~ Contractor's
new employees assigned to the City. All billing for this training provided by the City will be
invoiced separately and will be designated "City Training Course." It is the responsibility of
the Contractor to assure the City that all personnel assigned to the City attend this class. It is
the responsibility of the City to schedule classes at the convenience of the majority of the
personnel attending.
SECTION 3
COMPENSA TION
3.1
FIXED FEE
The billing rate will be $7.225 per hour for parking attendantslcashiers and $8.90 per
hour for parking attendant/cashiers supervisors.
-3-
Each employee described in Section 2 will be paid by the Contractor on an hourly
basis. In addition, the Contractor will be responsible for payment of payroll taxes, workman's
compensation, retirement benefits and group insurance on each of the employees.
It is understood that the Federal minimum wage may be increased or that the
Contractor may want to raise the gross hourly rate and corresponding benefits to its
employees. This will then result in an increase on the hourly charge to the City. In the event
the Federal Minimum Wage covering the classification of services provided under this
Agreement is increased through enactment of Federal Legislation, the Contractor shall notify
the City of such increase. City agrees that Contractor shall receive additional payment per
hour for all classifications equal to the actual increase in the minimum wage applicable to the
services provided, upon satisfactory presentation of documentation justifying same to City,
and upon approval by the City.
3.2
METHOD OF PAYMENT
bi-
Payment shall be made monthly to the Contractor pursuant to "weekly invoices
submitted by the Contractor, for all hours of work at the hourly rate referenced above. City
an
will reimburse Contractor within fifteen (15) days of receipt of thi\m6F1tRI y invoic~described
herein.
SECTION 4
GENERAL PROVISIONS
4.1
RESPONSIBILITY OF THE CONTRACTOR
Contractor will make every effort to obtain and hire the best of quality and integrity
".
personnel relative to this position. All personnel must be bonded and insured, with proof of
same and be made available to the City, at City's discretion and upon request by City. In its
-4-
~
~4
Pf~
performance of the Services, the Contractor shall comply with all applicable laws and
ordinances, including but not limited to, applicable regulations of the City, County, State,
Federal Government, ADA and EEO Regulations and Guidelines.
4.1.1 Immediate Removal of Contract Parking Attendant. Cashier or Supervisor
The City reserves the right to demand that Contractor remove any contract attendant,
cashier or supervisor within one-hour of notification by City Project Coordinator to Contract
Manager, of any contract employee that the City deems unacceptable. The City shall deem
an employee unacceptable based upon, but not limited to: employee job knowledge,
employee courtesy to the public, employee presence, employee communication skills,
employee honesty and integrity, employee capacity as a supervisor, or for whatever other
reason said employee is deemed unacceptable by the City's Project Manager or his/her
I
designee.
4.2
PUBLIC ENTITY CRIMES
Contractor shall file at the office of the City Clerk a State of Florida Form PUR 7068,
Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes.
4.3
PROIECT MANAGEMENT
The Contractor shall appoint a qualified individual, acceptable to the City, to serve as
Project Manager for the Services and who shall be fully responsible for the day-to-day activities
under this Agreement and serve as the primary contact for the City's Project Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
The initial term of this Agreement shall be for a period of one (1) year, commencing
on August 4, 1997, and ending on August 3, 1998. At the City's sole option, and provided
Contractor is in good standing pursuant to the terms of the Agreement, the City may renew
-5-
the Agreement for two (2) additional one year terms. Renewal notice must be provided to the
Contractor by the City no later that thirty (30) days before the expiration of the initial term and
of the first renewal term, respectively, as set forth herein.
4.5
INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, its employees, agents, sub-contractors, or any other person or entity acting
under Contractor's control, in connection with the Contractor's performance of the Services
.j
pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgements which may issue from any lawsuit arising
. from such claims and losses, and shall pay all costs and attorneys' fees expended by the City
in the defense of such claims and losses, including appeals. The parties agree that one percent
(1 %) of the total compensation to the Contractor for performance of the Services under this
Agreement is the specific consideration from the City to the Contractor for the Contractor's
Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negl igent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
-6-
that in any way directly or indirectly affects the other party.
4.6
INSURANCE REOUIREMENTS
The Contractor shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Contractor shall maintain and carry in full force
during the term of this Agreement, and throughout the duration of the work, the following
Insurance:
1. Contractor General Liability in the amount of $1,000,000.00. A certified
copy of the Contractor's (and any sub-Contractors') Insurance Policy
must be filed and approved by the Risk Manager prior to contract arising
out of the performance or non-performance of any commencement. The
City of Miami Beach must be named as an additional insured.
2. Workers Compensation and Employers Liability as required pursuant to Florida
Statutes.'
Within twenty (20) days of the date of this Agreement or prior to commencement of
. operations by the Contractor hereunder, which ever occurs first, the Contractor shall provide
a Blanket Position Fidelity Bond, with the City as obligee, in an amount not less than
$10,000.00 for each employee. The Bond for employees handling or responsible for the
handling of cash, paying expenses or having accountability for inventory shall be $50,000.00.
The form of such Bond(s) shall be subject to the approval of the City of Miami Beach Risk
Management Department. Such Bonds shall be kept in full force throughout the term of this
Agreement and any extension thereof. The City may authorize the substitution of
Comprehensive Dishonesty, Disappearance and Destruction or Fidelity Insurance in amounts
,
to be determined by the City in lieu of said Bond, increase or decrease the amount of the
required bonds or provide this coverage on bond(s) directly.
-7-
Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Contractor and his
insurance company. The insurance must be furnished by insurance companies authorized to
do business in the State of Florida and approved by the City's Risk Manager. Original
certificates of insurance for the above coverage must be submitted to the City's Risk Manager
for approval prior to any work commencing. These certificates will be kept on file in the office
of the Risk Manager, City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach,
Florida 33139. The Contractor is responsible for obtaining and submitting all Insurance
certificates for their Contractors.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
I
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
. the approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Contractor of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required overage.
4.6.1 Endorsements
All of Contractor's certificates shall contain endorsements providing that written notice
".
shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction
in coverage in the policy.
-8-
4.6.2 Certificates
Unless directed by the City otherwise, the Contractor shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.7 TERMINATION. SUSPENSION AND SANCTIONS
4.7.1 Termination for Cause
If through any cause within the reasonable control of the Contractor, the Contractor
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Contractor of its violation of the particular terms of this
,
Agreement and shall grant Contractor ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Contractor, may
" terminate this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Contractor.
The City may reasonably withhold payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
4.7.2 Termination for Convenience of the City
Notwithstanding the language in Subsection 4.7.1, the City may, for its convenience
and without cause, terminate the Services then remaining to be performed at any time by
.
giving seven (7) days written notice to Contractor of such termination, which shall become
effective seven (7) days following receipt by Contractor of the written termination notice.
-9-
4.7.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.7.1.
4.7.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Contractor under the Agreement until the Contractor complies and/or cancellation, termination
or suspension of the Services. In the event the City cancels or terminates the Services pursuant
-,
to this Subsection the rights and obligations of the parties shall be the same as provided in
Section 4.7.1.
4.8
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.9
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, sexual orientation or
disability. The Contractor shall take affirmative action to ensure that applicants are employed
and that employees are treated during their employment without regard to their race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, sexual orientation or
-10-
disability. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
4.10 CONfliCT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the Agreement conditions hereunder.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
I
performance of the Services. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
. Contractor. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.11 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Contractor and the Project Coordinator designated by the
City. The Contractor's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by registered mail, postage prepaid (or air mailed if addressed to an address
-11-
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONTRACTOR:
Central Parking System of Florida, Inc.
Attn: Monroe Carel!, Jr.
2401 Twenty-First Avenue South, Suite 200
Nashville, Tennessee 37212
(615) 297-4255
WITH COPIES TO:
Central Parking System of Florida, Inc.
201 S. Biscayne Blvd, Suite 320
Miami, Florida 33131
(305) 372-5151
TO CITY:
City of Miami Beach
Office of the City Manager
Attn: Sergio Rodriguez, Deputy City Manager
1 700 Convention Center Drivel
Miami Beach, Florida 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470.
and
City of Miami Beach
Parking Department
777 17th Street
Miami Beach, Florida 33139
(305) 673-7505
-12-
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on
the day following the date post marked; and if mailed to an address outside the city of
dispatch on the seventh day following the date post marked.
4.12 UTIGA TION IURISDICTION!VENUE
This Agreement shall be enforceable in Dade County, Florida, and, if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
I
4.13
ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
..
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
-13-
4.14 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on its 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 total amount
of any sums to be paid by the City to Contractor pursuant to this Agreement, less any sums
actually paid thereon. Contractor hereby expresses its willingness to enter into this Agreement
with Contractor's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount equal to the total amount of any sums to be paid to Contractor
pursuant to this Agreement, less the amount of all funds actually paid by the City to
Contractor pursuant to this Agreement.
./
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an
amount in excess of the total amount of any sums to be paid by the City to Contractor
pursuant to this Agreement, which amount shall be reduced by the such amounts actually paid
by the City to Contractor pursuant to this Agreement, for any action or claim for breach of
obligations imposed upon the City by this Agreement. Nothing contained in this paragraph
or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon the City's liability as set forth in Section 768.28, Florida Statutes.
-14-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY:
'2 !Vt~
T ST: (, /
tr:L-i ff~h(, 'If;'f-
~tNx~Jki1J
(/.#k' Cit lerk
FOR CONTRACTOR:
ATTEST:
dO d!:::t
Atf,,",d - C5~
6j~ 1:f.J...
K(j'''''''' vI'",,, fl....,; J,.~
IJU
.&1-.. Lh It pl<'e,-.?J-
CITY OF MIAMI BEACH, FLORI DA
By:
CENTRAL PARKING SYSTEMS OF FLORIDA, INC.
~~
By:~ ..
~21'::'Flt
5.;~ Vi~ ~.ej;J,~~
Corporate Seal
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
-15-
7/~l77
Dote