LTC 081-2008 - 2008 Florida Legislative Session - Week One Report-,.
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, the City, Assignor, and the new
concessionaire/Assignee, for and in consideration of the mutual covenants,
agreements and undertakings herein contained, do by these presents mutually
covenant and agree to assign and amend the Agreement, as follows:
1. The City of Miami Beach, Florida, hereby consents to the assignment of
the Agreement, from Gold Star Parking Systems, Inc. (also referred to
as the Concessionaire and/or the Assignor), to First Class Parking
Services, LLC. (also referred to as new concessionaire or the Assignee).
Assignor and new concessionaire/Assignee hereby acknowledge and
agree to said assignment, and Assignee further agrees to be bound by
the terms and conditions of the Agreement, as same is further amended
by this Consent to Assignment and First Amendment; all as further
evidenced by the parties' execution of the Consent to Assignment,
attached hereto and incorporated herein as Exhibit "A-1 ".
2. The new concessionaire shall agree to furnish to the City's Risk
Manager Certificates of Insurance or endorsements evidencing the
insurance coverage specified in Section 36 (entitled "Indemnification of
City; Insurance'), on page 15 of the Concession Agreement.
3. The new concessionaire shall agree to provide to the City either a
Performance Bond, Irrevocable Letter of Credit, or cash deposit, in the
amount of five thousand dollars ($5,000), prior to the execution of this
Consent to Agreement and First Amendment, as required pursuant to
Section 14 (entitled "Performance Security'), on page 7 of the
Agreement.
4. Section 4 (entitled "Notices"), on page 5 of the Agreement, shall be
amended, in part to reflect the new contact information for the City and
new Concessionaire, respectively as follows (deleted items s#rusk
#grea~Fi and inserted items underlined):
The address for notices to Operator is:
AH..~ A'4M~ ~. C.~4.~ ~I4~
First Class Parking Services. LLC.
16590 NE 26~ Avenue. # 352
North Miami Beach. Florida 33160
Attn: Jorge Zuluaga
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All notices to the City shall be given to:
City of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Guz Lopez
5. The new concessionaire shall agree that the prices and fees charged for
valet parking (the "valet parking fee') shall not exceed $15 per vehicle,
as established by the Mayor and Commission pursuant to the action
taken by the Mayor and Commission at the January 17, 2007
Commission Meeting and as specified in Section 29 (entitled "Prices"),
on page 12 of the Concession Agreement.
6. The new concessionaire shall pay to the City a monthly fixed minimum
rental payment of $6,250, totaling $75,000 per year.
7. The new concessionaire shall agree to the following Performance
Standards and liquidated damages:
A. Performance Standards:
(1)A representative of the new concessionaire shall attend all pre-
convention and/or preparatory meetings for events. It is the
responsibility of the new concessionaire to confirm its attendance
with the Parking Department's designee.
(2) Employees must be in full uniform including a name tag.
(3) Maintain a service level of less than twenty (20) minutes for vehicle
returns.
(4) Valet Fee ($15.00) shall be printed on all valet parking tickets.
(5) Valet Fee ($15.00) shall be prominently posted on signs at the
entrance to the valet parking ramp and at the cashier booth.
(6) Solicitation of gratuities is strictly forbidden.
(7) A written response to customer complaints within 48 hours of receipt
and copies to the City's Parking Department designee.
(8) Any and all alleged, perceived, and/or /real incident reports/claims
must be reported (written) to the City's Parking Department designee
within 48 hours of the incidenUclaim.
B. Liquidated damages
Liquidated Damages for violations of the aforementioned Performance
Standards:
(1) $100 per absence/per meeting.
(2) $ 25 per employee/per event.
(3) Full refund to the customer or a free service to a future date to be
valid for one (1) year from the date issued.
(4) $ 25 per incident/per day.
(5) $100 per event/per day.
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(6) $100 per incident.
(7) $100 per incident.
(8) $250 per incident.
8. Except as otherwise specifically amended herein, all other terms and
conditions of the Agreement, shall remain in full force and effect. Upon
execution of this Consent to Assignment and First Amendment by the
parties hereto, all references to "Operator" in the Agreement, and in this
document shall be hereinafter deemed to refer to the new
concessionaire.
IN WITNESS WHEREOF, the City, Assignor and the new Concessionaire
/Assignee have hereunto affixed their respective hands and seals at the place,
and on the day and date first hereinabove written. Signed, sealed and delivered
in the presence of:
Attest:
CITY OF MIAMI BEACH, FLORIDA:
~ ~~~
Robert Parcher, City Clerk Mat i x. Bower, mayor
Attest:
Ass
AR PARKING, INC.
Secretary
P
(Print Name)
Attest:
New Concessionaire/Assignee:
FIRST C ASS PARKING SERVICES,
LLC. a
Secretary
l~
(Print Name)
gpPRO`.~ED AS TO
FORM & LANGUAGE
t4 FOR EXECUTION
a ~~~ la
City Attorney Date
EXHIBIT A-1
CONSENT TO ASSIGNMENT
This Assignment is being entered into on this day of 2007, by and
between GOLD STAR PARKING SYSTEMS, INC. ("Assignor"), a Florida corporation, and
FIRST CLASS PARKING SERVICES, LLC. a Florida limited liability corporation ("New
Concessionaire/Assignee") whose principal address is 16590 NE 26th Avenue, #352,
North Miami Beach, Florida 33160.
WITNESSETH, that for valuable consideration in hand paid by the Assignee to the
Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and
transfers to the new concessionaire/Assignee and Assignee hereby accepts, all of its
right, title and interest in and to the following described agreements:
1. Assignee agrees to all legal terms and conditions, and responsibilities
outlined in the Assignor's Concession Agreement; dated November 15,
2005, as amended by that certain Consent to Assignment and First
Amendment to Concession Agreement, dated , 2007
2. Assignee, agrees to honor and maintain all terms and conditions
contained in Assignor's Concession Agreement, dated November 15,
2005, as amended by that certain Consent to Assignment and First
Amendment to Concession Agreement, dated , 2007
IN WITNESS WHEREOF, the Assignor and new concessionaire/Assignee have executed
this Consent to Assignment on the day and year first above written.
Gold Star~~Kking Systems, Inc. (Assignor)
By: Date: !~ ~
PreSi ' t y ~
(Print Na~ie
Attest:
Secretary
(Print Name)
First Clas# harking Services, LLC. (New Concessionaire/Assignee)
By:
~.
5
Date: ~ iY a