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2007-26732 ResoRESOLUTION NO. 2007-26732 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO THE CONCESSION AGREEMENT BETWEEN THE CITY AND GOLD STAR PARKING SYSTEMS, INC., DATED NOVEMBER 1, 2005, FOR VALET PARKING SERVICES FOR THE MIAMI BEACH CONVENTION CENTER, JACKIE GLEASON THEATER OF THE PERFORMING ARTS, AND OTHER CITY PROPERTY, AS MAYBE REQUIRED; SAID CONSENT TO ASSIGMENT / FIRST AMENDMENT APPROVING AN ASSIGMENT OF THE AFORSTATED AGREEMENT TO FIRST CLASS PARKING SERVICES LLC. WHEREAS, on January 12, 2005, pursuant to Resolution No. 2005-25791, the Mayor and City Commission approved the award of Request for Proposals No. 34-03/04, for Valet Parking Services on certain City-owned Property, to Gold Star Parking Systems, Inc. (the Concessionaire /Assignor); and WHEREAS, the City and Concessionaire/ Assignor entered into a Concession Agreement, dated November 5, 2005, for the provision of Valet Parking Services at the Miami Beach Convention Center, Jackie Gleason Theater of the Performing Arts, and Other City Properties, as required by the City (the Agreement); and WHEREAS, Concessionaire/ Assignor, now wishes to assign the Agreement to First Class Parking Services, LLC. (Assignee and/or the new valet parking services concessionaire); and WHEREAS, pursuant to the Agreement, an assignment requires the consent of the Mayor and City Commission; and WHEREAS, the City Administration has conducted its due diligence as to Assignee, and would hereby recommend that the Mayor and City Commission approve the proposed Assignment, subject to the terms and conditions of the attached Consent to Assignment and First Amendment to the Agreement; and WHEREAS, the foregoing Consent to Assignment and First Amendment to Agreement shall have an effective date of April 1, 2007, and remain in effect throughout the remainder of the current term of the Agreement, scheduled to expire on October 31, 2008. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute the attached Consent to Assignment and First Amendment to the Concession Agreement between the City and Gold Star Parking Systems, Inc., dated November 1, 2005, for Valet Parking Services for the Miami Beach Convention Center, Jackie Gleason Theater of the Performing Arts, and Other City Property, as may be required; said Consent to Assignment/ First Amendment approving an assignment of the aforstated Agreement to First Class Parking Services LLC. PASSED AND ADOPTED this 17th day of January 2007 M YOR Matti H. Bower ATTEST: _d~ l~,h 9~ 4.-- CITY CLERK Robert Parcher JMG/RMC/SF T:\AGEN DA\2007\jan 1707\regular\valetconsenttoassignment.res.doc APPRO`.~ED AS TO FORM & LANGUAGE ~ FOR EXECUTION ~~-.~ City Atto m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 17, 2007 SUBJECT: DISCUSSION REGARDING GOLD STAR PARKING SYSTEMS' CONCESSION AGREEMENT FOR VALET PARKING SERVICES AT CITY PROPERTIES. iBackuround Gold Star Parking Systems is the City's valet parking service provider at various venues, including the Miami Beach Convention Center, Jackie Gleason Theater, and other city property. The valet services contract was approved in November 2005 with an initial term of three years, or until October 31, 2008. One extension of the contaract is available at the City's discretion for an additiona{ two years. The Administration has received notification (see attached} from the law firm of Beloff and Schwartz representing Gold Star that Arthur Schultz, the current sole shareholder of the Operator is in the process of selling a majority interest in the Operatorto a third party. This transaction cannot be consummated without the consent of the City as stipulated in Section 7 of the Concession Agreement. While staff has discussed the operator's experience we have requested a written resume from the proposed new valet operator to provide the City Commission for review. As of our print deadline the materials had not been received. Anything received prior to the Commission meeting will be distributed. Also attached is a copy of the original requirements from the valet services RFP. The proposed operator would have been considered responsive to the conditions within the original RFP; however, they have less overall experience than other RFP respondents at the time. The new operators experience is limited to smaller venues with the exception of our recent Art Basel event. In the Art Basel event the proposed operator worked with Gold Star and provided a good quality of service for the event and successfully addressed service issues that were raised by the event organizers in previous years. The City is not obligated to approve the new operator and has options that may be discussed: • The City could decide #o issue a new request for proposals for valet parking services • The City could consent to the additional operator under the existing terms of the agreement • Or the City could approve the new operator for the balance of the base three year term and rather than issue an extension of the contract, issue an RFP at that point. In order to approve the new operator either for the full remaining term available or the balance of the base three year term the City Commission will need some level of comfort with the abilities and experience of the proposed operator. To the extent the City Agenda Item ~ G' Date /-! 7-0 ~7 523 City Commission Memorandum -Superior cleanup/restorat+on Ju-y 72, 2006 Page 2 of 2 Commission would like to consider those options, a referral to the Neighborhoods/Community Affairs Committee might be an appropriate mannerto have that detailed discussion. If the City Commission would rather issue a new RFP, that direction can be provided at the conclusion of the City Commission discussion at the January 17, 2007 meeting. Whether the City Commission would preferto issue a new RFP for services or continue with the valet services agreement under a new operator, discussion of the valet services agreement is timely and probably necessary to address our customer/user needs. Increasingly, event organizers and users of City facilities are requesting performance standards for ancillary services provided, including valet parking. For example, most recently an MOU (memo of understanding) was recently executed with Gold Star regarding performance standards during ABMB (Art Basel Miami Beach) and Live Nation has preliminarily discussed the inclusion of performance standards for same. If the City Commission chooses to consent to the new operator for all or some potion of the agreement term without a referral for Committee discussion, it is recommended that a requirement to include performance standards be incorporated into the approval motion. JMG\RCM\SF T:\AGEN DA\2006yan 1707k:onsent\ReferralFinanceTPCGoIdStardiscusssion.doc 524