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86-18628 RESO RESOLUTION NO, 86-1:8628 . .. , .Jb'~ If .. ,,- A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF HIAHI BEACH AUTHORIZING THE HAYOR AND THE CITY CLERK TO EXECUTE A CONCESSION AGREEHENT BETWEEN THE CITY OF HIAHI BEACH AND GOLD STAR, INC. FOR OPERATION OF A VALET PARKING SERVICE AT THE THEATER OF THE PERFORHING ARTS (T.O.P.A.) WHEREAS, the City Administration, through the Department of Purchasing and Property Management Issued a Bid -'~'--...........~ '1 Number 148-85187 for the Operation of a Valet Parking Service at the Theater of the Performing Arts (T.O,P,A ) and WHEREAS, a Bid was received from Gold Star, Inc,; and WHEREAS, an appropriate Concession Agreement has been negotiated and the City Manager has recommended Its execution and the City Attorney has approved it as to form, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF HIAMI BEACH 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 operation of a Valet Parking Service at the Theater of the Performing Arts (T,O,P,A,) PASSED AND ADOPTED THIS 1st , 1986. Attest: ~~6I~ City Clerk Approved 8S to For.: I r ~ 'Le al Department PN'B/THP Ises u+. (0/1<//' .. VALET PARKING CONCESSION AGREEMENT THIS AGREEMENT entered into this U day of October, 1986 by and between THE CITY OF MIAMI BEACH, a Florida Municipal Cor- poration (hereinafter referred to as the "CITY") having its address at 1700 Convention Center Drive, Miami Beach, Florida 33139, and GOLD STAR, INC., a Florida Corporation (hereinafter referred to as "Gold Star" or "Concessionaire") having its address at 475 N.W. 122 Street, North Miami, Florida 33168, WIT N E SSE T H: WHEREAS, The City has determined that Valet Parking Service for the Theater of the Performing Arts is in the public interest; WHEREAS, Gold Star wishes to obtain from the City the ex- elusive privilege of operating a valet parking service ("Valet Parking Service") for the Miami Beach Theatre of Performing Arts (hereinafter referred to as "TOPA"); NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City agrees to permit Gold Star to provide a Valet Parking Service for TOPA (and at other sites within the City of Miami Beach as required by the City Manager) subject, however, to the following terms and conditions: 1. Concession Space, The City hereby authorizes Conces- sionaire to operate a valet parking stand at TOPA, which stand shall be located outside of TOPA in an area to be specifically designated by the City Manager (which area shall hereinafter referred to as the Concession Space"), The City may at any time substitute for the Concession Space any other space at TOPA of at least equal square footage, The City shall give to Concessionaire at least ten (10) days' notice in writing of its intention to make such substitution, which notice shall state the date upon which substitution shall be made. 1 ,- 2, Valet Parking Charge. Gold Star may charge a valet park- ing fee per car as authorized by the City Commission, 3. Fee to City. (a) Amount. Concessionaire shall pay as a fee to the City thirty percent (30%) of the "Gross receipts" received by Con- cessionaire from the Valet Parking operation, "Gross receipts" shall include all monies received by Concessionaire for providing a Valet Parking Service at TOPA, whether wholly or partially in cash or on credit (and in the case of credit sales, whether or not payment be actually made therefor) or otherwise, "Gross receipts" shall not include tips or gratuities received by parking at tendants. It is also understood that the applicable Flor ida 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 the City that it is to receive the rental amount as net, free and clear of all costs and charges arising from, or relating to the operations, (b) Where/when payable. The fee to City is payable on or before the lOth day of each month for the previous month's gross receipts, The fee shall be paid to the City of Miami Beach at 1700 Convention Center Drive, Miami Beach, Florida 33139, Attention: Contract Administrator. Concessionaire shall deliver a statement of "gross receipts" for the previous month at the same time as it delivers payment, which statement shall be under oath, The form of the statement to be prepared by Gold Star and approved by the City Manager, In the event Concessionaire fails to pay this consideration wi thin (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 highest rate allowable by law. If the commission payment and accumulated daily penalties 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 Concessionaire Agreement, and may begin procedures to collect the Performance Bond required in paragraph 25, 2 : 4, Where Cars May Be Parked. Concessionaire shall park the cars in the Southwest portions of the 1st or 2nd level of the two level municipal parking garage located immediately South of TOPA, the specific size of which protions shall be designated by the City Manager, or at such other location as the City Manager shall designated in writing, There shall not be any meter charge due from Concessionaire for utilizing the metered parking facilities, 5. Books and Records; Audit. The Concessionaire must prepare true and complete records and accounts of its gross receipts of the Valet Parking Service in accordance with generally accepted accounting principals during the term of the Agreement, Such records should include at a minimum all sequentially- prenumbered parking ticket stubs (including voided tickets), daily control sheets signed by the Concessionaire's cashier in- dicating starting, ending, and voided ticket numbers, and cash register tapes to support gross receipts, The form of all records, reports, and operating controls will be subject to the written approval of the City's Internal Auditor. Recommendations by the Internal Auditor for changes, additions, or deletions in accounting practices, reporting, or controls will be complied with by the Concessionaire when requested. The Auditors of the City shall have the right to audit and examine, during the normal busi- ness hours, all books of account, reports, and records relating to the Valet Parking Services upon three (3) days notice, Records must be available locally within Dade County, The City shall have the right to examine such records at any time within one (1) year following the termination of the Agreement, and all records must be maintained for that period, 6. Cash Collection, The Concessionaire must provide and use an electronic cash register or other point-of-sale machine able to validate parking tickets in the Valet Parking Stand, The cus- tomers cash register receipt and validated parking tickets should be recorded on the register individually, at the time of payment, using a tape with a carbonized duplicate, Such register and con- trols over its use, and/or any modifications to this requirement, 3 : must have the prior written approval of the City's Internal Auditor. 7, Term. This Agreement shall commence on the 15th day of October A. D., 1986, and shall end on the 14th day of September, A.D" 1988, for a term of two (2) years. Provided, however, the City may extend the Agreement term under all of the terms and con- ditions in this Agreement for one (1) additional one (1) year term. The City must give Concessionaire written notice of this intention to extend the Agreement not less than sixty (60) days prior to the end of the agreement term then in effect, 8. Licenses, Concessionaire shall obtain and mantain at all times during the term hereof, at its sole cost and expense, any and all necessary licenses and permits required by any governmen- tal body or agency having jurisdiction in connection with any ac- tivities in the Concession Space and the use by Concessionaire of City owned parking spaces and will abide by the term and provi- sions of any such licenses and permits. 9. Conduct of Valet Parking Service. Concessionaire shall operate the Valet Parking Service in a first-class manner in con- formity with the highest standards of practice in the valet park- ing industry, and shall conform to all rules and regulations at any time promulgated by the City Manager. Concessionaire shall have available and on display at his concession the authorized vehicle valet parking fee and a complaint/damage/accident form. Such form to be prepared by Concessionaire and approved by the City Manager. A copy of such filled out complaint/damage/accident form shall be submitted with the monthly statement of Gross receipts for all complaints damages or accidents that occurred during the previous month, 10. Employment of Personnel. Gold Star shall employ suffi- cient experienced and qualified personnel to operate the Valet Parking Service and for the rendering of the services in connec- tion therewith, which personnel shall be neat, clean and courteous and wear a uniform with name tag at all times. All drivers must have valid Florida Drivers Licenses. 4 11, Insurance. Concessionaire, at its sole cost and expense, shall procure and maintain, during the term of this Agreement, in such amounts and such coverage as shall be reasonably satisfactory to the City, personal injury and property damage liability insurance, naming as insured the City of Miami Beach and Concessionaire, which insurance shall cover Concessionaire's Valet Parking Service at TOPA and Concessionaire's use of the Concession Space, and use of the municipal parking space. Concessionaire, at its sole cost and expense, shall procure and at all times maintain, all other insurance, if any (including but not limited to workmen's compen- sation insurance and disability benefit insurance) which is required by any law or ordinance in connection with the provision of Valet Parking Services as herein provided and the use of the Licenses Space by Concessionaire or as reasonably required by the Ci tys' Risk Manager, Concessionaire shall furnish to the City a certificate of insurance evidencing the following coverages which must be approved by the City's Risk Manager before any valet park- ing operation may commence: 1. General liability in the amount of $500,000,00 per occurrence naming the City of Miami Beach as an additional insured, 2. Garage liability and garagekeepers liability in the amount of $500,000.00, Evidence of the aforementioned insurance policies shall be sub- mitted not less than fifteen (15) days before the last date upon which payment of any of the premiums of such insurance may be timely made, exhibit to the City proof of the payment of the said premiums, The insurance policies shall provide that said policies may not be cancelled without thirty (30) days prior written notice to the City. 12, Condemnation. In the event that the Concessionaire Space at TOPA is lawfully condemned or acquired by private pur- chase in lieu of condemnation, or taken in any manner for any public or quasi-public use or purpose this Agreement as to the 5 Concessionaire Space at TOPA and the term he! i granted shall forthwith cease and terminate as of the date of vesting of title (hereinafter referred to as the "date of taking") and Conces- sionaire shall have no claim against the City for, or make any claim for the value of, any unexpired term of this Agreement, 13, Payment of Taxes, Concessionaire shall, at its sole ex- pense pay all sales taxes, payroll taxes and all other taxes which may be levied or assessed by virtue of Concessionaire's Valet Service and the City shall have no responsibility in connection therewith. 14, Indemnification of the City. Concessionaire hereby in- demnifies the City against, and agrees to defend and to save and to hold the City harmless from and against, any damage or liability arising from any injury from any injury or damage or claim of injury or damage of any kind whatsoever to persons or property occasioned in or about TOPA or the municipal parking garage, or any other location, whether on or off city properrty, during the term hereof and due, directly or indirectly, to the act or omission of Concessionaire, its agents, servants or employees, or arising out of any failure of Concessionaire in any respect to comply with any of the requirements or provisions of law or of this agreement, The indemnification provided for herein shall not be limited to the insurance coverage provided by Concessionaire. 15, Events of Default, There shall be an Event of Default by Concessionaire if Concessionaire shall fail to perform or comply with any terms or provisions hereof, other than failure to pay the fee when due and such failure shall continue for more than ten (10) days after written notice thereof from the City to Concessionaire, 16. Remedies of City Upon Event of Default, If any Event of Default shall occur which is not cured within the time provided, in addition to all other remedies provided by law, the City may terminate this Agreement. Termination of this Agreement shall not terminate the obligation of Concessionaire to pay any sums due the City, 6 17, Agreement Not a Lease, It is agreed that this Agreement is a concession agreement and not a lease, that no leasehold or tenancy is to be created hereby, and that this Agreement shall not be construed as to create the relationship of landlord and tenant. 18, Representations and Warranties of Gold Star. Conces- sionaire represents and warrants to the City that Concessionaire is a Florida corporation duly organized, validly existing and in good standing under the laws of Florida and has the full power and authority to enter into this Agreement. 19, Waiver. A waiver by the Cityof performance by Conces- sionaire on any given occasion shall not constitute a waiver by the City of performance by Concessionaire on any subsequent occasion, 20. 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. 21. Bid Incorporated. The Bid No. 148 85/87, together with all amendments thereto, if any, and the Concessionaire's proposal in response thereto are hereby incorporated by reference in this agreement to the extent that they are not inconsistent with any terms herein, In the event of inconsistency, this Agreement shall prevail. 22, Assignment; sublet. The City Manager may, authorize the Concessionaire to expand the services provided. The Conces- sionai re may not sublet or assign this Concession Agreement, or any part thereof, without prior written approval of the City Commission; which is in its sole discretion, In the event Conces- sionaire 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 Ci ty Commission. Provided, however, the shareholders shall have the right to convey between themselves and their spouses and children, without consent, 7 23. Security. The Concessionaire must provide any security measures which may be required to protect his area, the vehicles under his care and his equipment, materials and facilities, Said security measures may not violate other restrictions of this Agreement, 24. 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 by the City Manager or his designee 25, Performance Bond, The Concessionaire shall post a Per- formance Bond in the amount of two thousand dollars ($2,000,00) with the City upon the execution of this Agreement. Said Perfor- mance 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, If the Performance Bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the Director of Pur- chasing and Property Management, thirty (30) days prior to ter- mination date of existing Performance Bond, 26, Inspection. The Concessionaire agrees that the conces- sion facilities and premises may be inspected at any time 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 Conces- sionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. 27. Waiver of Interference. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason 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 or- dinances any such interference shall not relieve the Conces- sionaire from any obligation hereunder. 28, Waiver of Loss from Hazards. The Concessionaire hereby 8 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 dis- charges the people of the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising form any of the aforesaid causes, 29, Applicable Laws to be Followed. The Concessionaire agrees to operate and maintain the concession in compliance with this Agreement and in accordance with the applicable law and policy, The Concessionaire agrees to provide the authorized serv- ices to the public at each and every TOPA Event, or as otherwise required by the City Manager, Business hours shall be posted by the Concessionaire at the concession facilities. 30. No Improper Use. The Concessionai re will not use, nor suffer or permit any person to use in any manner whatsoever, the assigned concession facilities for any improper, immoral or offen- sive 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 in- dividual 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 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 9 suspension to continue until the violation is cured, The Conces- sionaire further agrees not to commence operation during the suspension until the violation has been corrected to the satisfac- tion of the City, 31. No Claim Against City Officers, Employees, Individuals, It is expressly understood and agreed by and between the parties hereto that the members constituting the City Manager's Office of the City of Miami Beach, and its officers and agents are acting in a representative capacity and not for their own benefit; and that neither the Concessionaire nor any occupant shall have any claim against them or any of them as individuals in any event whatsoever, 32, 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, 33, No Discrimination, The Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed or na- tional origin in the or'rations H:ferred to by this Concession AgreE nt; and further. there shall be no discrimination regarding any u,je, service, maintenance, or opera'lI,)n of the premises, All services of the Concession shall .e made available to the public, subject to the right of the Concessionaire to establish and en- force rules and regulations to provide for the safety, orderly operation and security of the concession. 34, Notices, All notices, demands, requests for approvals, or other communications which may be required or desired to be given by either party in writing shall be deemed given and delivered when postmarked if delivered or tendered in person or sent by registered or certified mail postage prepaid to the address shown on the first page hereof, Either party may change its address from time to time by notice in writing to the other, Notices delivered as above shall be deemed received by the 10 addressee whether or not delivery or tender of delivery is accepted, or the addressee is located at or conducting business at that address, 35, Complete Agreement, This Agreement contains the entire undertaking of the parties and may be amended only in writing ex- ecuted by the party sought to be charged, 36, Attorneys' Fees. If suit is brought for the enforce- ment of this Agreement, Or any provision thereof, the prevailing party shall entitled to recover all costs including reasonable attorneys' fees incurred in all trial and appellate courts, If the City shall be made party to any action involving Concessionaire, the City shall be entitled to recover its costs, including reasonable attorneys' fees, incurred in the defense of such action in all trial and appellate courts, 37, Complimentary parking, All vehicles parked shall be in- cluded in the gross receipt report and complimentary parking shall be reported at the full authorized parking fee and included in the gross receipts for computation of pencentage rental due. 38, Public Safety, The Concessionaire will provide adequate personnel and conduct his operations in a manner which will assure protection of the Public Health and Safety, including exercising control of the patrons so that the patrons do not endanger them- selves Or interfere with traffic. 39, Binding Agreement, This Valet Parking Agreement shall be binding on and inure to the benefit of the parties, Executed by the parties on the day and year first above written, Attest: ~ 'ht f14- Ci ty Clerk / PI...:;I t By: By: PNB/lsc/9-24-86 11 .... !fJJd~~~_ [':<:, {j - 2V -t(.. ,,_.......,.,...._.j_~...::J.. -.. ---,-- e<<, ~ 1Itta"u ~ead (t FLORIDA 33139 "VACATIONLAND U. S. A." OFFICE OF THE CITY MANAGER ROB W, PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELlEPHONE: .n.7010 COMMISSION MEMORANDUM NO. ~ DATE: Ot"!rnh~r 1. 1 qAf\ FROM: TO: SUBJECT: BID AWARD N 148-85/87, VALET PARKING CONCBSSION AGREEMENT FOR THE THEATRE OF THE PERPORMING ARTS (T,O,P,A,) ADVERTISEMENT DATE: BID OPBNING DATB: SPBCIFICATIONS MAILBD: RBPLIBS IlBCBlVBD: July 3, 1986 August 5, 1986 Pourteen (I4) Pour (4) Including One (l) "NO BID" Response BID TABULATION: PBRCBNTAGB TO THE CITY 3096 2596 2096 Gold Star Parking, Inc. Southern Parking, Inc. Hi-Rise Parking Systems,Inc, -NO BID" RBSPON8& MAC Parking, Inc. bid was non-responsive in that they failed to submit the required bid documents, ommitted the Bid Surety, and did not bid a percentage to the City as required. LAST CONTRACT: Experimental Valet Parking License Agreement per Resolution 85-18324 was awarded on December 18, 1985 to Gold Star Parking, Inc. for the 1985-86 T.O,P.A. season. Percentage to the City was 2096. From the beginning of operations on December 31, 1985 through July 31, 1986 10,152 vehicles were parked, producing gross receipts of $50,760 and revenue to the City of $10,152,00. SPECIPICATION INTENT: To make available a valet parking service to patrons of T.O,P,A. and at other locations and activities as required for a two (2) year period, ADMINISTRATIVE RECOMMENDATION: That the Commission authorize the Mayor and City Clerk to execute a concession agreement with Gold Star Parking, Inc., for a two (2) year period. 2 RWP /WHH/EJD/TMP Ises ~. AGENDA ITEM R -1- .B.- ~ DATE