Res No 181-14-14275RESOLUTION NO.:181-14-14275
A Resolution authorizing the City Manager to execute afive(5)year contract with
Laz Parking Inc.
WHEREAS,the City wishes to enter intoafive(5)year agreement with LazParking,Inc.,
for parking management services;and
WHEREAS,the City's solicited proposals forparking management services through a RFP
process andreceived three (3)proposals that werereviewedbyaSelection Committee;and
WHEREAS,the Selection Committee scored and ranked the proposal submitted by Laz
Parking,Inc.,as the highest ranked,most responsive and responsible proposal;and
WHEREAS,CityCommissionauthorizedthe City Managerto negotiate afive(5)year
agreement with Laz Parking,Inc.,in accordance withResolution 125-14-14218.
NOW,THEREFORE,BEIT RESOLVED THE MAYORAND CITY COMMISSIONOF THE CITY
OF SOUTH MIAMI,FLORIDA:
Section 1.TheCity Manager is authorized to execute afive(5)year contract with Laz
Parking,Inc.,for parking management services foranamountnottoexceed $1,110,271
effective October 1,2014.The contract agreement maybe terminated by the City without
causewitha30daynoticeand the contractor may terminate the agreement without cause with
a120day notice.Acopyof the agreement is attached.
Section 2.Severability.Ifany section,clause,sentence,or phrase ofthis resolution is
foranyreasonheld invalid orunconstitutionalbyacourtof competent jurisdiction,thisholding
shall not affect the validity of the remaining portions of this resolution.
Section 3.Effective Date:This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this 2nddav of September,2014
ATKST:APPROVED:
READ AND APPROVED AS TO FORM,
LANGUAGfUE«ALITY Afc
TjHEREOF/
'KKUVtU:
MAYOR
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Welsh:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
South'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
From:
Date:
The Honorable Mayor&Members of the City Commission
Steven Alexander,City Manager
September 2,2014 AgendaItem No.
A Resolution authorizing the CityManager to execute afive(5)year contract with Laz Parking
Inc.
Background
TheCity issued a Request forProposalforParking Management Services,(RFP #FN-2014-01).
Three proposals were received that were reviewed bya Selection Committee.Three firms
responded to the RFP;Laz Parking,RepublicParkingSystems,andSP+MunicipalServices.
Below please finda breakdown of the Evaluation Committee's scoring of the received
proposals:
1.Laz Florida Parking 286
2.SP+Municipal Services 255
3.Republic Parking Systems 242
A summary of each proposers'bids are below:
Yr *LAZ SP Municipal Republic
1 213,156 239,821 296,068
2 218,485 247,160 306,430
3 223,947 254,737 317,155
4 229,546 262,562 328,255
5 235,285 270,642 344,668
5-YR TOTAL 1,120,419 1,274,922 1,592,576
*ProposalSummation Error:1,349,965
CITY OF SOUTH MIAMI
^m ith"M ia mi office of the city manager
^^L!JI PuSlllSli"inter-office memorandum
In accordancewith Resolution 125-14-14218,the City Manager wasauthorizedtonegotiatea
five (5)yearcontract agreement with Laz Parking,Inc.Asummaryof the negotiated termsare
below:
1.(a)Price Proposal aspresented in the RFP responsewas reduced by over $10,000
which will beimposedduring the firstyearofthe contract
2.Required personnelbetrainedingoodcustomer service techniques
3.Shifted the expense of auditing contractors records to the contractor
4.Shiftedtheexpenseofdevelopingnewparkingspacestothecontractor,with
the exception of striping
5.Requiredannualauditsby the contractor and the production offinancial
statements as requested by the city
6.Contractorshallberequiredtoproduceaoneandafiveyear strategic parking
systemplanandoneadditionalstrategicplanasthecitymaydesignandrequire
7.Contractor shallmake recommendations on marketing directed to increase
parkinginthe municipal parkingstructure,inadditionto operations and
improvements
8.Contractor isrequiredto promote the city'sparkingsystem,workingwiththe
business community,conductingcustomersurveystwiceayear,brandingthe
cityparkingsystemanddevelopingandimplementingapositivemarketing
campaign to the satisfaction of the city
9.The financial agreement includes anynew on-street parkingimprovements
whichshallbeincludedin the scopeofservice
10.The contractor will makeapaymenttothecityof $9,000 forsurveysnot
completed by the contractor during the previous agreement,whichwillbeused
for the City'sFourthofJulyAnnualFireworksdisplayin the calendar year 2015.
11.Additionally,the contractor will,within the firstyear,purchase and transfer to
the City a new GEM vehicle valuedat over $14,500 within the first twenty-four
(24)months ofthis agreement or before October 1,2016or sooner if the current
electric vehicle needs replacement before then.
A total net financial improvement to the City's benefit of $33,500 has been negotiated.
South"Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The agreement with Laz Florida Parkingwill take effect October 1,2014 forafiveyear(5)
period after the expiration of the current Month-to-Month agreement.The agreement with
Laz Florida Parking ensures there willbeno interruption in services orparking revenues priorto
October 1,2014.
Amount:$1,110,271 forafive(5)yearperiod;(FY 2015,$203,008)
Account:Account No.001-1410-513-3459 for FY 2015
Attachments:Resolution
Resolution #125-14-14218;"Authorization to Negotiate"
Laz Parking Inc.,Five(5)Year Agreement
Resolution #36-14-141130;"Month-to-Month Agreement"
RESOLUTION NO,:1 25-1 4-1 4218
A Resolution authorizing the City Manager to enter into afive(5)year contract
agreement with LazParking Inc.foran amount not to exceed $1,120,419 fora five
(5)year period.
WHEREAS,the Citywishesto enter intoa five (5)year agreement with Laz Parking,Inc.,
for parking management services;and
WHEREAS,the City's solicitedproposalsfor parking managementservicesthrougha RFP
processandreceived three (3)proposals that werereviewedbyaSelection Committee;and
WHEREAS,theSelectionCommitteescoredandrankedtheproposalsubmittedby Laz
Parking,Inc.,as the highest ranked,mostresponsiveandresponsibleproposal;and
WHEREAS,Laz Parking,Inc.,is recommended forthefive (5)yearcontractagreement
for parking management services.
NOW,THEREFORE,BEITRESOLVEDTHE MAYOR ANDCITY COMMISSION OFTHECITY
OFSOUTH MIAMI,FLORIDA:
Section l.The City Manageris authorized tonegotiateandenter-intoa five (5)year
contract agreement withLazParking,Inc.,forparking management services foran amount not
toexceed $1,120,419 forafive {5}year period effective October1,2014.Thecontract
agreementmaybeterminatedbythe City withoutcausewitha30daynoticeandthecontractor
may terminate theagreement without cause with a120 day notice.A copy ofthe sample
agreement is attached.
Section2.Severability.If anysection,clause,sentence,orphraseofthisresolutionis
for any reason held invalid or unconstitutional by a court of competent jurisdiction,this holding
shallnotaffectthevalidityoftheremainingportionsofthisresolution.
Section 3.Effective Date:This resolution shall takeeffect immediately upon
enactment.
PASSEDANDENACTED this17thdav of June _,2014.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Edmond:
READ AND APPRpWD ASTOFORM,
LANGUAGE Lg^AUTY AND
EXECUTlONaHEREOF
RESOLUTION NO.:36-14-14130
A Resolution authorizing the City Manager to enter into a month to month
contract with LazParking,Inc.,forparking management services.
WHEREAS,the City's and LazParkingInc.,entered intoan agreement forparking
management services,expiring March 31,2014;and
WHEREAS,to provide the City time to select a vendor and enter into a new agreement
forparking management services,the Cityand Laz ParkingInc.,mutually desire to extend the
agreement on a month-to-month basis fora term not to exceed six(6)months,expiring
September 30,2014 at the same terms,conditions andprices identified in Agreement for
Parking Management Services;and
WHEREAS,the City or Laz Parking,Inc.,may terminate the agreement with a written 30
DayNoticeto either party,andinallcases,such termination will become effective upon the last
day of the month the Notice of Termination is received.
NOW,THEREFORE,BEIT RESOLVED THE MAYOR AND CITY COMMISSION OFTHECITY
OF SOUTH MIAMI,FLORIDA:
Section 1.The City Manager is authorized to enter into a month to month contract,a
copyofwhichis attached tothisResolution,with Laz Parking,Inc,forparking management
services fora term not to exceed six(6)months expiring September 30,2014 at the same terms,
conditions and prices pursuant to the Agreement for Parking Management Services,a copy of
whichis attached tothisResolution,foran amount not to exceed $16,917.40 per month.
Section 2.Severability.If any section,clause,sentence,or phrase of this resolution is
forany reason held invalidor unconstitutional bya court of competent jurisdiction,thisholding
shall not affect the validity of the remaining portions of this resolution.
Section 3-
enactment.
Effective Date:This resolution shall take effect immediately upon
PASSEDANDENACTED this 4thdav of March 2014.
ATTEST:APPROVED:
MAYOR
COMMISSION VOTE:4-0
Mayor Stoddard:Yea
Vice Mayor Harris:absent
Commissioner Welsh:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
To:
From:
Date:
Subject:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor &Members oftheCityCommission
StevenJ.Alexander,City Manager
March 4,2014
South Miami
AU-Amertsaflfy
mil'
2001
A Resolution authorizing the City Manager to enter into a month to month contract
with LazParking,Inc.,for parking management services.
BACKGROUND:"^e City entered Into a Municipal Parking Management Services agreement with Laz
Parking,Inc.,effective April I,2011 (Resolution #121-11-134453).The agreement,for a
three (3)yearterm,expireson March 31,2014.
TheCity desires toissuea solicitation for parking management services andthemonthto
monthcontract will providetheCitytimetomakea decision,selectavendorandenter
intoanewagreementThemonthtomonth agreement with Laz Parking Inc.,shall extend
theterms and current monthly feeof$16,917.40 for an additional six (6)months.
Expense
Attachments:
$101,600 (6-Months)fromAccountNo.001 -1410-513-3459 witha balance of $221,452
for FY 2014.
Resolution
Month to Month Contract
Resolution #121-11-134435 and Laz Parking Municipal Agreement
MONTH TO MONTH CONTRACT
THIS AGREEMENT made and entered into this ^h day of /WAfllff ,2014,by and between the
CityofSouth Miami,aFlorida municipal Corporation (hereinafter referred toas"City")andLaz Parking,Inc.,
hereinafterreferredtoas "Contractor").
WITNESSETH:
WHEREAS,theCityandContractorenteredintoanAgreementforParkingManagementServiceseffective
April 1,2011 forathree(3)yearperiod;and
WHEREAS,theAgreementwasissuedforathree(3)yearterm,expiringonMarch 31,2014;and
WHEREAS,theCitymaydecidenottoextendtheAgreementbyanadditionaltwo(2)yearperiodandmaydecide
toissuea solicitation forparking management services;and
WHEREAS,toprovidetheCitytimetomakeitsdecisionandselectavendorandenterintoanewagreementfor
parkingmanagement services,theCityandLazParkingInc.,mutuallydesiretoextendtheagreementona month-to-month
basis foratermnotto exceed six(6)months,expiring September 30,2014 atthesame terms,conditions and prices identified
inAgreementforParkingManagementServices;and
NOW,THEREFORE,theCityandthe Contractor,eachthroughtheirauthorizedrepresentative/official,agreeas
follows:
1.Therecitalssetforthabovearetrueandareherebyadoptedbyreference.
2.TheCityandtheContractorshallcontinuetodobusinesspursuanttothe Agreement for Parking
ManagementServicesbetweentheCityandContractorwhichshallremainineffectthroughitscurrentterraandshall
thereafterbeextendedonamonthtomonthbasisforanadditional six (6)months,underthesametermsandconditions
asthe Agreement forParking Management Services otherthanas modified bythismonthtomonthcontractAcopyof
theAgreementforParkingManagementServicesis attached tothis Month-to-Month extension.Ifthereisanyconflict
betweentheAgreementforParkingManagementServicesandthismonthtomonth contract,thelateragreementshall
take precedence.
3.Contractorshallcontinuetoprovidesuchservicesunderthesame price(s),termsand
conditionsasidentifiedtheAgreementforParking Management Services.
4.CityandContractormayterminatethemonthtomonthextensionofthecontractatanytimeduringthe
six-monthextensionperiodby30daywrittenadvancenotice("Notice of Termination").TheCityagreestopayforservices
attheagreeduponratesandContractoragreestocontinuetoperformservicesthroughthe30dayNotice of Termination
periodfollowingtheissueandreceipt of thenotice.
5.Theadministration of thecontractandalldecisionbytheCityshallbeconductedatthesolediscretion
of theCityManager,includingalldecisionasto termination orrenewalasprovidedforintheAgreementforParking
ManagementServicesandasmaybe provided inthismonthtomonthagreement.
6.TheCityManagermay,athissolediscretion,renewtheAgreementforParking Management Services
forthesamerenewalperiodsprovidedforinthat agreement,orforalesserperiod.Innoeventshallthetotaltermofthe
contract,including all extensionsandrenewalsexceedfiveyears.
IN WITNESS WHEREOF,andasthedulyauthorizedactoftheparties,theundersignedrepresentatives
ofthepartiesheretohavecausedthisinstrumenttobesignedintheir respective namesbytheirproper officials onorpriorto
thedayandyearfirstabovewrittenandwhichdateshallbetheeffectivedateofthisagreemen
CITYgPSQIIOiMIAMI
r\uQ<2z (j(/te^**^B
V—MariaM.Menen<Iez7 CMC /"Steven Alexander
City Manager
CONTRACTOR By
CONTRACTOR SERVICES AGREEMENT FOR PARKING MANAGEMENT SERVICES
THIS CONTRACT is made between LAZ Florida Parking,LLC,a Florida corporation,
("CONTRACTOR")and the City of South Miami,a Florida municipal corporation,("CSM")
through CSM's City Manager (who shall hereinafter be referred to as "City7'),on this Icph this
day of Sf^flkr 2014.
NOW,THEREFORE,in consideration of the mutual promises and agreements hereinafter
set forth,the receipt and sufficiency of which are hereby acknowledged,the parties agree as
follows:
1.General Provisions:The CONTRACTOR shall not commence performance of the Scope of
Services ("WORK"),as described in the Attachment "A"to this Contract,until a Notice to
Proceed is issued.
2.Contract Documents and Precedence.The Contract Documents shall include the
Request for Proposal,including all attachments and affidavits to the solicitation ("RFP"),the
Response to the RFP,including all attachments and affidavits to the Response ("Response to
RFP"),and this agreement,including all attachments to this agreement ("Contract").In the
event that there isa conflict between any of the Contract Documents,this Contract shall
prevail.In the event that there isa conflict between the RFP and the Response to RFP,the RFP
shall take precedence over the Response unless the City consents in writing to the terms that
are in conflict.
3.Services-The professional services to be provided by the CONTRACTOR shall be as set
forth in the Scope of the Work,which has been marked as Attachment "A"and made a part of
this Contract by reference.
4.Term of Contract.The term of this contract shall be five(5)years commencing on
October 1,2014 and ending on September 30,2019,
5.Basis of Compensation.The renegotiated fees for Services for the WORK are isas set
forth in Attachment "B,"1.(b),which is attached to this Contract and made a part thereof by
reference.
6.Payment and Partial Payments.The CONTRACTOR shall submit an original invoice to the
City for each payment certifying the WORK completed by the CONTRACTOR.The amount of the
invoice submitted shall be the amount due for all WORK performed and unpaid to the date of
the invoice,as certified by the CONTRACTOR The term "certified"as used in this contract,shall
mean that the certified information or document must be submitted to the City with a
statement made under penalty of perjury and confirming that the information or contents of
the document is true and accurate.The initial invoice shall include CONTRACTOR'S W-9 and if
the information on the form should change,an updated W-9shallbe provided with the next
invoice following the change.The amount of the invoices submitted shall be the amount due
for all WORK performed todate,ascertifiedby the CONTRACTOR.The request forpayment
shall include the following information:
a)CONTRACTOR'S Name.
b)Total monthly amount.
c)Amount due this invoice.
d)CONTRACTOR'S Invoice number and date.
7.Right of Decisions.All services shallbe performed by the CONTRACTOR to the
satisfaction of the City's representative,who shall decideall questions,difficultiesand disputes
of whatever nature which may arise under orbyreason of thisContract,the prosecution and
fulfillment of the services,and the character,quality,amount andvalueand the City's
representative's decisions upon allclaims,questions,and disputes shallbefinal,conclusive and
bindingupon the partiesunlesssuch determination isclearlyarbitraryorunreasonable.In the
event that the CONTRACTOR does not concurin the judgment of the representative Cityas to
anydecisions made byhim,heshall present his written objections to the CityManagerand
shallabideby the decision of the City Manager,unless the decisionisclearlyarbitraryand
unreasonable.Anyissue that is debatable shallberesolvedinfavor of the City'sdecision.
8.Ownership of Documents.All reports and reproducible documents,and other data
developed by the CONTRACTOR for the purpose of thisContractshall immediately become the
property of the City without restrictionorlimitationin connection with the City'suse,and
occupancy of the projectifapplicable under Florida law.TheCity may reuse these documents
without the need for consent of the CONTRACTOR.When eachindividual section orphase,if
any,of the WORK under thisContractis complete,all of the above applicabledatashallbe
delivered to the City.Atany time during the course of the Work,allsuch reports,documents
anddatashallbe delivered to the City upon demand by the City.
9.Audit Rights.The City reserves the right to audit the records of the CONTRACTOR
related to this Contract at any time during the execution of the WORKandfora period of five
(5)years after final payment is made.In the event that the City audits the records anditis
determined that additional money is owed to the City,the Contractor shallpayfor the cost of
the audit.
10.Subletting or Assigning.The CONTRACTOR shall not sublet,assign,or transfer any
WORK under this Contract or any of the services to be performed by it hereunder,without the
prior written consent of the City.Any assignment or subcontracting in violation hereof shall be
void and unenforceable and shall be deemed a material breach of this Contract.The
CONTRACTOR shall be asfully responsible to the Cityfor the acts and omissions of its
subcontractors and/or assigns,ifany,or sub-consultants,asitisfor the actsand omissions of
people directly employed byit.The CONTRACTOR shall require each subcontractor orassigns,
ifany,CONTRACTOR or sub-consultant,approved by the City,to agree inits contract to observe
and be bound to the Citybyall obligations and conditions of this Contract to which
CONTRACTOR is bound.
11.Personnel.All CONTRACTOR personnel fulfilling the terms of this Contract,shallbe
employed solely by the CONTRACTOR and be employees of the CONTRACTOR.CONTRACTOR
agrees to pay the following for CONTRACTOR employees:Wages,Income tax withholdings,
Social security withholdings,State unemployment insurance,Federal unemployment insurance,
and Workmen's compensation insurance.CONTRACTOR shall appropriately and adequately
train personnel,including good "customer service."Personnel not performing upto the
standards of the Citywill be replaced by the CONTRACTOR immediately.
12.Lobbyist Representations.The CONTRACTOR warrants that it has not employed or
retained any company or person,other than a bona fide employee workingsolelyfor the
CONTRACTOR,to solicit or secure this contract and that he has not paid or agreed to payany
company or person other than a bona fide employee working solely for the CONTRACTOR any
fee,commission,percentage fee,giftsorany other considerations contingent uponorresulting
from the award or making of this contract.For breach orviolationof these representations,the
Cityshallhave the right to annul this contract without liability.
13.Termination of Contract.Itis expressly understood and agreed that this contract may
be terminated for the following reasons or conditions:
A.City may terminate this Contract without penalty by declining to issue the Purchase
Order.
B.The Contract may be canceled atany time by the City without cause,upona thirty (30)
day written cancellation notice.The CONTRACTOR may terminate this Agreement
without cause upon 120 days written notice to the City.Upon termination,the City
shallbe entitled to a refund of any monies paid to CONTRACTOR for work that was not
performed.The CONTRACTOR shallbe entitled to payment equal to the percentage of
the work satisfactorily completed by the CONTRACTOR and accepted by the City.
C.Upon notice of such termination,the City shall determine the amounts due to the
CONTRACTOR for services performed up to the date of termination.The CONTRACTOR
shall not be entitled to payment for Work performed after the termination date.The
CONTRACTOR shall not be entitled to anylost profits under any circumstances.
D.After receipt of a notice of termination,and except as otherwise directed,the
CONTRACTOR shall stop all Work under this Agreement,as of the date specified in the
notice of termination andifno date is specified,than onand after the 121st day
following the receipt of the notice of termination.
E.The City may terminate thisAgreementuponfive(5)dayswrittennoticeif the
CONTRACTOR defaultsonanymaterialtermofthisAgreement.Thematerialityofthe
default shallbe determined bythe City,intheCity'ssoleand absolute discretion.
F.The City shallnotberequiredtopaythe CONTRACTOR until ithas delivered tothe City
allthedocumentsanddatarelevanttothe Work.The CONTRACTOR'S acceptanceof
the payment infullof the CONTRACTOR'S invoice,shallbea non-rebuttable
presumption that the CONTRACTOR hasreceivedfull payment forallgoodsandservices
rendered to the date of that invoiceand pursuant to the terms and conditions of the
Contract.
14.Notice of Claims.Ifthe CONTRACTOR hasa claim arising outofthisContract and/or the
Work contemplated byor performedpursuant tothisContract,aNoticeof Claim shallbemade
inwritinganddeliveredto the City within twenty one(21)daysof the date whenthe
CONTRACTOR kneworshouldhaveknownof the claim.Thedeliveryof the claimshallbe
accomplished in the same manner asdeliveryofa "notice"or "notification".
A.AnyclaimforwhichaNoticeof Claim isnottimelyfiledshallbe deemed waived.
B.Inanyevent,the CONTRACTOR shallnotbeentitledtodelaydamagesorconsequential
damages and hissolecompensationfora Default bythe City causingadelayshallbe
termination of the Contract and/or compensationprovidedbythisContractforany
completed servicesandanextensionoftimeto complete the Workequalto the number
ofdaysofdelaycausedby the City.In the event partialpaymenthasbeenmadefor
such services notcompleted,the CONTRACTOR shall returnsuchsumstothe City within
ten (10)days after notice that said sums are due.
15.InsuranceandIndemnification.The CONTRACTOR shallcomplywithall requirements
set forthintheCity's standard insuranceand indemnification requirements,as set forthin the
attached Attachment "C"
16.Codes,Ordinancesand Laws.CONTRACTOR agreestoprovideitsservicesduring the
term ofthisContractin accordance withallapplicablelaws,rules,regulations,andhealthand
safety standards of the federal,state,countyand City,whichmaybeapplicableto the service
being provided.
A.The CONTRACTOR isrequiredtocompleteandsignallaffidavits,including Public Entity
CrimesAffidavitform (attached)pursuant to FS 287.133(3)(a),as required by the
solicitationapplicabletothisContract.CONTRACTOR shallcomplywith the DrugFree
Workplace policy set forth in the CSM solicitation for this Contract,whichis made a part
of this Contract by reference.
B.TheCityof South Miami'shiring practices strive to complywithall applicable federal
regulations regarding employment eligibility and employment practices.Thus,all
individualsand entities seeking todoworkfor the City are required tocomplywithall
applicable laws,governmental requirements and regulations,including the regulations
of the United States Department of Justice pertaining to employment eligibilityand
employment practices.The City reserves the right atits discretion,but does not assume
the obligation,to require proof of valid citizenship or,in the alternative,proof of avalid
green cardor other lawful work permit for each person employed in the performance of
work or services fororon behalf of the Cityincluding persons employed byany
independent contractor.By reserving this right the City does not assume anyobligation
or responsibility to enforce or ensure compliance with the applicable laws and/or
regulations.
17.Taxes.CONTRACTOR shall be responsible forall payments of federal,state,and/or local
taxes related to the Work,inclusive of sales tax if applicable.
18.Independent Contractor.CONTRACTOR isan independent entity under this Contract
and nothing herein shall be construed to create a partnership,joint venture,or agency
relationship between the parties.
19.Licenses and Certifications.CONTRACTOR shall secure all necessary business and
professional licenses atits sole expense prior to executing the Contract.
20.Entirety of Contract.This Agreement constitutes the entire agreement of the parties,
incorporates all the understandings of the parties and supersedes any prior agreements,
understandings,representation or negotiation,written ororal.This Agreement may not be
modified or amended except in writing,signed by both parties hereto.This Agreement shallbe
binding upon and inure to the benefit of the Cityand CONTRACTOR and to their respective
heirs,successors and assigns.No modification or amendment of any terms or provisions of this
agreement shall be validor binding unless it complies with this paragraph.This agreement,in
general,and this paragraph,inparticular,shall not be modified or amended byactsor
omissions of the parties.
21.JuryTrial.Cityand CONTRACTOR knowingly,irrevocably,voluntarily and intentionally
waive any right either of them may have to atrialbyjuryin State orFederal Court proceedings
in respect to any action,proceeding,lawsuit or counterclaim arising out of the Contract
Documents or the performance of the Work thereunder.
22.Attorney Fees.In the event of any litigation between the parties arising out of or
relatinginany way to this Contract orabreach thereof,each party shall bear its own costs and
legal fees.Nothing contained herein shall restrict the City of South Miami'sright to
indemnification for attorney fees incurred by the City of South Miamias set forth in the
indemnification provisions of this Contract.
23.Non-Waiver of Sovereign Immunity.Notwithstanding anything contained in the
Contract to the contrary,nor any statement,actor omission of aCity officer,Commission
member or employee,shallbe construed to beawaiver of the City'sright to the protection of
sovereign immunity.
24.Validity of Executed Copies.This Contract may be executed in several counterparts,
each of which may be construed asanoriginal.
25.Rules of Interpretation.Throughout this agreement the malepronounmaybe substituted for
female and neuter and the singular words substituted forpluralandpluralwords substituted for
singular wherever applicable.Thepartiestothis agreement havehadan opportunity to seek legal
counsel and to draftthis agreement ina manner toavoidany ambiguity.Thepartiesalso acknowledge
that all terms of this Agreement were negotiated at arm's lengthand that this Agreement andall
documents executed in connection herewith were prepared and executed without undue influence
exerted byanypartyoronanyparty.Further,this Agreement was drafted jointly byallparties,andno
partyis entitled to the benefit of anyrules of construction with respect to the interpretation of any
terms,conditions or provisions of this Agreement infavor of or against any person orparty who drafted
this Agreement.
26.Severability.Ifany term orprovision of this Contractor the application thereof to any
person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this
Contract,or the application of such term or provision to persons or circumstances other than
those to whichitisheldinvalidor unenforceable,shall not be affected thereby andeach term
andprovision of thisContractshallbevalidand enforceable to the fullest extent permitted by
law.
27.Non-Waiver.Cityand CONTRACTOR agree that nofailure to exercise andno delay in
exercising anyright,power orprivilege under this Contract on the part of either party shall
operate asa waiver of any right,power,or privilege under this Contract.No waiver of this
Contract,in whole orpart,including the provisions of this paragraph,may be implied byanyact
or omission andwill only be validand enforceable ifin writing and duly executed by each of the
parties to this Contract.Any waiver of any term,condition orprovision of this Contract will not
constitute a waiver of any other term,condition orprovision hereof,norwilla waiver of any
breach of any term,condition orprovision constitute a waiver of any subsequent or succeeding
breach.Thefailure to enforce this agreement as to any particular breach or default shall not act
asa waiver of any subsequent breach or default.
28.No Discrimination.No action shall be taken by the CONTRACTOR,which would
discriminate against any person on the basis of race,creed,color,national origin,religion,age,
sex,familialor marital status,ethnicity,sexual orientation or disability.
29.Equal Employment.In accordance with Federal,State and Locallaw,the CONTRACTOR
shall not discriminate against any employee or applicant for employment because of race,
color,ethnicity,religion,sex,sexual orientation,national origin or disability.The CONTRACTOR
shall comply with all aspects of the Americans with Disabilities Act (ADA)during the
performance of this contract.The CONTRACTORshall take affirmative action to ensure that
such discrimination does not take place and the CONTRACTOR shall ensure that the foregoing
provisions are included inall subcontracts or contracts for any work covered by this Contract so
that such provisions will be binding upon each subcontractor.
30.Governing Laws.This Contract and the performance of services hereunder will be
governed by the laws of the State of Florida,with exclusive venue for the resolution of any
dispute being a court of competent jurisdiction in Miami-Dade County,Florida.
31.Effective Date.This contract shall become effective upon the execution of the contract
by the City Manager.
32.Third Party Beneficiary.Itis specifically understood and agreed that no other person or
entity shall be a third party beneficiary hereunder,and that none of provisions of this Contract
shall be for the benefit of or be enforceable by anyone other than the parties hereto,and that
only the parties hereto shall have any rights hereunder.
33.Further Assurances.The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify,confirm,and effectuate the
intent and purposes of the Contract.
34.Ownership of Preliminary and Final Records.All preliminary and final documentation
and records shall become and remain the sole property of the City.The CONTRACTORshall
maintain original documents thereof forits records andforits future professional endeavors
and provide reproducible copies to the City.In the event of termination of the agreement,the
CONTRACTOR shall cease work and deliver to the Cityall documents (including reports andall
other data and material prepared or obtained by the CONTRACTOR in connection with the City
Parking Management Services RFP.
35.Time of Essence.Time shall be of the essence with regard to all action to be taken
under the terms of this Contract and no extension of time shall be allowed unless the extension
of time is provided forina writing signed by the other party.
36.No Remedy Exclusive.No remedy conferred upon or reserved to any party hereto,or
existing atlaworin equity,shall be exclusive of any other available remedy or remedies,but
each and every such remedy shall be cumulative andshall be in addition to every other remedy
given under this Contract or hereafter existing atlaw,in equity or by statute.
37.Force Majeure.Neither party hereto shall be in default for the failure to perform its
obligations under this Contract if caused by acts of God,civil commotion,strikes,labor disputes,
or governmental demands or requirements that could not be reasonably anticipated and the
effects avoided or mitigated (hereinafter referred to as "force majeure").Each party shall
notify the other of any such force majeure within ten (10)days of the occurrence.Neither
party shall hold the other responsible for damages orfor delays in performance caused by force
majeure which may include weather conditions affecting performance,floods,epidemics,war,
riots,strikes,lockouts,or other industrial disturbances,or protest demonstrations.Should such
acts or circumstances occur,the parties shall use their best efforts to overcome the difficulties
and to resume the work as soon as reasonably possible.
38.AccessTo Public Records.CONTRACTOR andall of its subcontractors arerequiredto
comply with the Florida public records law (s.119.0701)while providing services on behalf of
the CITY and the CONTRACTOR,under suchconditions,shall incorporate thisparagraphin all of
its subcontracts forthisProject.CONTRACTOR andits subcontractors arespecificallyrequired
to:(a)Keepandmaintainpublicrecords that ordinarily andnecessarilywouldberequiredby
the publicagencyinordertoperform the service;(b)Provide the publicwithaccesstopublic
recordson the same terms and conditions that the publicagency would provide the records
andatacost that doesnot exceed the costprovidedinthis chapter oras otherwise providedby
law;(c)Ensure that publicrecordsthatare exempt orconfidentialand exempt from public
recordsdisclosure requirements are not disclosed except as authorized by law;and(d)Meet all
requirements forretainingpublicrecordsand transfer,atnocost,to the public agency allpublic
recordsinpossession of the CONTRACTOR upon termination of the contract and destroy any
duplicate public records that are exempt orconfidentialand exempt frompublicrecords
disclosurerequirements.All recordsstored electronically must beprovidedtothepublic
agencyinaformat that is compatible with the information technology systems of the public
agency.
39.Notices.Any notices,reports or other written communications from either partyshall
beconsidereddelivered when receivedby the other partyorits authorized representative.
Whenever notice shallbe required or permitted herein,itshall be delivered in such a manner
that there is written proof of delivery(includingelectronic,digitalor other similarrecord that is
capable of beingproduced)including but notlimitedtocertifiedmailwithareturnreceipt,
handdelivery,e-mail,facsimiletransmissionor other type of transmission that providesa
record of transmission andreceipt.Certifiedmailshallbe sent withreturnreceipt requested
andshallbe deemed delivered on the date shown on the postal delivery confirmation or the
date shown as the dateCertifiedmailwasrefusedorunclaimed.Hand deliveryto the Cityshall
not be sufficient notice forany purpose unless acopy of the notice isproduced with the official
CityClerk'sdateand time stamp appearinguponit.Noticesshallbedeliveredto the following
individuals or entities at the addresses (includinge-mail)orfacsimile transmission numbers set
forth below:
To CITY:
City Manager,Steven Alexander
6130 Sunset Dr.
South Miami,FL 33143
E-mail:salexander@southmiamifl.gov
With copies by U.S.mail to:
City Attorney,Thomas Pepe,Esquire
6130 Sunset Dr.
South Miami,FL 33143
Tel:(305)667-2564
Fax:(305)341-0584
E-mail:tpepe@southmiamifl.gov
To CONSULTANT/CONTRACTOR:
Regional Vice-President,Christopher B.Walsh
404 Washington Avenue,Ste.720
Miami Beach,FL 33139
Tel:(305)913-4882
Email:cwalsh@lazparking.com
40.Limitation onLiability:No member of the governing body of the CITY,andno other officer,
employee,or agent of the CITY shall have any personal interest,direct or indirect,in this Agreement,
except as permitted by the Code of Ethics of the City of South Miami;and the CONTRACTOR covenants
that no person having such interest shallbe employed in the performance of this Agreement.
41.Unauthorized Aliens:The employment of unauthorized aliens by the Company is considered a
violation of FederalLaw.If the Company knowingly employs unauthorized aliens,such violation shallbe
cause for unilateral cancellation of this Agreement.This applies to any sub-contractors used by the
Company as well.The CITY reserves the rightatits discretion,but does not assume the obligation,to
require proof of valid citizenship or,in the alternative,proof of avalid green cardforeach person
employed in the performance of work or services fororon behalf of the CITY including persons
employed by any independent contractor.By reserving this right the CITY does not assume any
obligationor responsibility to enforce or ensure compliance with the applicablelaws and/or regulations.
IN WITNESS WHEREOF,the parties have set their hands on the date set forth below their name.
Witness
Lo^/VXAeC&tbo
ATTESTED:OWNE
By:
By:
Steven Alexander
City Manager
Maria M.MenenUez,
CityClerk
TH MIAMI
Readand Approved as fcfT-orm,Language,
Legality and Execution thereof:
By:
CONTRACTOR:LAZ FLORIDA PARKING,LLC
By:4^-B IjM{
Christopher B.Walsh
Regional Vice President
Dated:9/4/2014
Dated:sMk.
Dated:9//1M
10
Attachment "A"
Scope Of Services
Background:
The City has historically contracted for professional parking management and operating
services to manage and operate public parking within the City of South Miami,and meet the
goals of enhancing customer service,revenue collection and improving overall
operations/efficiencies.
Responsibilities Of The Parties
City Responsibilities:
The City currently has responsibility for approximately 764 metered parking
spaces within the borders of the City.In addition to the metered parking,
spaces,1 Municipal Garage including approximately 450 spaces,a commercial
and residential decal program and valet services arepart of the scope.Refer to
Exhibit #1 "Maps of South Miami Metered Parking Spaces."Over the last three
fiscal years,the parking revenue isas follows:
2013/2014
2012/2013
2011/2012
$2,320,000 (Projected)
$2,151,268
$1,918,988
Duringfiscal year 2012-2013,the City began deploying a downtown wire mesh
(Wi-Fi)network to improve connectivity response for wireless parking
equipment.Refer to Exhibit #2 "Map of Downtown Wire Mesh Network."The
City intends to replace the cellular modems inside the parking pay stations with a
connection device supported by the Wi-Fi wire mesh network.Asa result of this
deployment,the City anticipates reducing the monthly parkingpay station
cellular connectivity costs.All the downtown parkingpay stations are
anticipated to be connected viaWi-Fi by September 30,2014.
The Citywill provide uniform shirts (polo's),computer equipment,vehicles,a
designated workspace and any other related equipment deemed necessary by
the City involving the parking infrastructure.
The Citywill provide striping for any on-street parking that it may develop or
acquire in the future.
11
Contractor Responsibilities;
The CONTRACTOR'S operation ofthe Parking System shall include conducting all
necessaryandproperservicesrequiredforthe Parking System'operationsto
established industry standards.The CONTRACTOR shall handle the collection of
parkingfees when properlydue either throughcash,coin and/or creditcard
payments or by parking validation.
CONTRACTOR shall attend meetings as the Cityshall request from time to time.
The CONTRACTOR'S management of the Parking System shall include financial,
marketingand planning functions.The CONTRACTOR shall provideto the City:
1.A copy of the company annualfinancialauditonor before June1st of
every fiscal year.
2.1year,and5yearstrategicplansfor the Citythatinclude operating and
capital budgetsonorbefore June 1st ofevery fiscal year.
3.AnAnnualrate study,to determine properpricingfor the Parking System
onor before June 1st of every fiscal year,provided however thatthe City may
require one additional strategic plan within the term of the Agreement-
recommend and implement improvements to the operational procedures
currently inplaceincludingmarketingdirectedinpart to increaseparkingusage
of the Municipal garage andon the streets.
4.Provide the CITY with management reports as described by the City,as
often as requested,to include but in no case less often than once a month.
5.An annual written condition appraisal report providing aphysical damage
and/or deterioration ofthe Parking Infrastructure onorbefore June 1st ofevery
fiscal year.
6.Customer surveys once a year at a minimum,of the City's on-street,off-
street,and municipal garage parking systems and provide the results to the City
onorbeforeJune 1st ofevery fiscal year.
7.Monthly report providing parking violations issued onor before the 15th
of every month.
The CONTRACTOR'S promotion of the Parking System shall include:
12
1.Working with the business andcultural community
2.Conducting customer surveys twice ayear;branding the CITY Parking
System;and developing and implementing apositive marketing campaignto the
satisfaction of the City.
The CONTRACTORshall submit to the CITYits proposed Operations Program
(Program),which shall include,among other matters,the operating budget,the
capital budget,detailed information regardinga system of cost controls,hours of
operation,personnel schedules,and maintenance schedules for the Parking
System.
The CONTRACTORshall maintain accurate and complete records detailing all
parking violations issued,Parking enforcement staff hours and claims arising out
of its performance of this Agreement;the basis therefore and the amount
thereof.The CONTRACTOR shall make available all such records to the CITY at
the end of each fiscal year and shall allow the CITY and its representatives to
examine,review and audit any and all such records,as well asall books,and
other documents upon request fora period commencing upon the execution of
this Agreement and ending two (2)years following the expiration or termination
of this Agreement.
The CONTRACTORshall use technology,including green technologies whenever
possible-to enhance and improve customer services and operational
efficiencies;and report on the status of any Parking System related project as
directed by the CITY.
The CONTRACTOR'S maintenance of the Parking System shall include conducting
routine inspections,routine maintenance and preventative maintenance
services.The CONTRACTOR shall take a proactive approach to maintenance so
that the Parking System shall always function in the most attractive,efficient and
proper manner.At least once a year,the CONTRACTORshall conduct a
condition appraisal of the Parking System foranysign of physical damage and/or
deterioration andissuea written report that is satisfactory to the CITY.
Contractor Management Services
1.Provide necessary management and supervisory staff sufficient to oversee
the day-to-day operation of the on-street parking system.
13
2.Provide necessary staff for the day-to-day maintenance of the installed
equipment with a repair response time not to exceed one hour.
3.Provide necessarystaffforthe collection ofrevenuefrom the equipment,
including "back-office"personnel forthecountingofrevenueandtheprompt
processing of credit,debit and smart card payments.
4.The Parking Operator shall manageandenforce the parking program.
Responsibilities include the following:
a.Enforcingparking restrictions,including through the issuance of citations
and the ordering of vehicle towing inaccordancewithCity requirements and
policy.
b.Collecting,accountingfor,anddepositingwith the City,residential
parking permit fees,meter fees,citations payments,including penalties,andany
other parking program revenue.
c.Issuing residential and commercial parking permits.
d.Regularly documenting and reporting program expenses and revenues.
e.Installing,maintaining,relocating and replacing meters as necessary.
f.Monitoring parking program effectiveness,including recommended
changes to meter locations.
g.Maintaining alocal office within South Miami,and providing an Internet
site accessible to the public,for the purpose of issuing permits,collecting
revenues,and providing public information.Responding to parking complaints
and to publicinquiries about allfacets of the parkingprogram,ina timely
courteous fashion and in accordance with the City's policies regarding customer
service.
h.Continuing a public information program,which is center around
excellent Customer Service as approved by the City.
5.Off-Street Parking
Any parking lots,orparking garages that may be developed or acquired in the
future by the CITY willbe included as within the scope of this Agreement to be
serviced by the CONTRACTOR.
6.On-Street Parking
14
The CITY hasregulated on-street parkingspaceslocated throughout the Cityof
South Miami.These on-street parking spaces may be changed from time to
time,but atall times anysuch spaces willbe included asparkingwithin the
Parking System andwillbe subject to the terms of this Agreement.Anyon-
street parking that may be developed oracquiredin the future by the CITY will
be included as within the scope of this Agreement to be serviced by the
CONTRACTOR.
7.Staffing,Operational &HolidayHours
Throughout the term of this Agreement,the CONTRACTOR shallassign sufficient
personnel to properly perform parking management services.The CITY shall not
have any responsibility whatsoever for any personnel who shall be employees of
the CONTRACTOR and for whom CONTRACTORshall be responsible.If at any
time the CITY is not reasonably satisfied with the performance of any of
CONTRACTORS personnel,such personnel shall be promptly replaced by the
CONTRACTOR to the reasonable satisfaction of the CITY.CITY and CONTRACTOR
agree that CONTRACTORwill provide enforcement services;
Sunday -Wednesday;9:00 am-12:00 am (midnight)
Thursday &Saturday;9:00 am-2:00 am
Christmas Eve&New Years'Eve;9:00 am-6:00 pm
Thanksgiving,Christmas &New Years'Day;No Enforcement Services
All other Holidays,regular staffing hourswill apply
8.The CONTRACTOR understands that certain elements of the Parking
System are subject to existing legal obligations including those created by means
of leases,License Agreements and Condominium Documents,asan example.
The CONTRACTOR shallapprise itself of suchobligationsandshall comply withall
applicable terms and requirements related to its services.
9.The CONTRACTOR'S performance shallatall times be subject to review
and approval of the CITY,actingbyand through its designated staff
representatives.
15
10.IT IS UNDERSTOOD AND AGREED that CONTRACTOR isretainedsolelyfor
the purposes of Parking Management describedhereinandonlyto the extent
set forthinthis Agreement.The CONTRACTOR'S relationship to the CITY shallbe
that ofan independent contractor.Neither the CONTRACTOR noranyofits
employees shall beconsideredunder the provisions of this Agreement orforany
purposes hereunder,ashavingan "employee"status orasbeing entitled to
participate inany benefits accruedbyorgiven to CITY employees.
11.Senior management staff of the CONTRACTOR shall be available to meet
with the CITY and other officials of the City of South Miamias may be required
with regard to the services performed hereunder.
12.SERVICE LEVEL AGREEMENT(SLA)
a)Monday thru Friday-Apayanddisplay meter will not have less than a6-
hour repair time.A single space meters will be repaired within 24 hours.
b)Weekends &Holidays-Apayand display meter will not have less than a
24 hour repair time.All single space meters will be repaired within 48 hours.
Minimum Qualifications of Contractor
Must have experience in the design,installation and management of at least
three (3)on-street contracts of similarsize and scope as the City of SOUTH
MIAMIfor the last three (3)years at a minimum.
In addition to alocal office,the CONTRACTOR must have a regional support
office located within 20 miles of the City of South Miami.
CONTRACTOR must have on its staff at least one (1)senior level Manager or
Executive that possesses a minimum of 20 years of on-street parking
management and Traffic Engineering experience.
CONTRACTOR must be a business in good standing and have good credit.
Minimum Services Required by Contractor
The CONTRACTOR isresponsibleforproviding,ata minimum,the following
services:
16
Provide,in consultation with the City,all necessary design,function,
management,operation and marketing of the program.
Assistance in implementing the program,including working with downtown
businesses,presentations to neighborhood groups and other organizations as
needed.
Financing of any capital improvements,including but not limited to parking
meters,support vehicles,computer andcoin counting and revenue processing
equipment.
Purchase of related equipment deemed necessary to administer the program.
Installation and maintenance of parking meters.CONTRACTORshallinstall,at
its expense,poles,/or single space meters/heads (including those that provide
for the metering of two spaces on a single pole),and multi-space parking
meters,that are requested by the City to convert un-metered on-street
parking to metered parking.All installation shall be in accordance with
standards approved and permitted by the City.All meters shall be repaired
within 24 hours of identified as malfunctioning
Collection,counting and depositing of revenue.Collections of each meter shall
be done no less than bi-weekly and more often if meter canisters are full.All
collections shall be deposited on the day of collection into a bank account
specified by the City.
Provide sufficient personnel to operate the system to the full benefit of the
City.
Provide specialized training and certification for maintenance andrepair
personnel.
Handle inan appropriate manner all customer service issues associated with
the program.
Provide weekly,monthly andannual reports asrequiredby the City.
Any other services contained in the CONTRACTOR'S proposal submitted in
response to the City's Parking Management RFP.
17
Attachment "B"
1.(a)Price Proposal aspresented in the RFP response:
Yr LAZ
1 213,156
2 218,485
3 223,947
4 229,546
5 235,285
5-YR TOTAL 1,120,419
(b)Price as negotiated andagreedtobybothparties,whichare the effective amounts
for payment of this Agreement:
Yr LAZ
1 203,008
2 218,485
3 223,947
4 229,546
5 235,285
5-YR TOTAL 1,110,271
The annual amount ispaidonamonthlybasis between October and September before
the 15th of every month.It is the responsibility ofthe Contractor to provide the City
with a monthly invoice before the 5th of every month.
Surveys were not completed as required in the previous contract and ina good faith
effort;CONTRACTOR shall provide a donation to the City of South Miami,which willbe
used for the City's Fourth of July AnnualFireworks display in the amount of nine
thousand ($9,000)dollarsin the calendar year 2015.
CONTRACTOR shall provide at its sole cost;one (1)GEM Vehicle valued at approximately
$14,500 forparking services providedinthis Contract within the first twenty-four (24)
months of this agreement or before October 1,2016 or if current electric vehicle needs
replacement before said date.
18
Attachment "C"
Insurance and Indemnification
1.1 Insurance -
A.Without limitingits liability,the vendor,contractor,consultant orconsulting firm
(hereinafter referred to as "FIRM"withregardtoInsuranceandIndemnification
requirements)shallberequiredtoprocureandmaintainatitsown expense during
the life of the Contract,insurance of the types and in the minimum amounts stated
below aswill protect the FIRM,fromclaimswhich may arise out of orresultfrom the
contract or the performance of the contract with the City of South Miami,whether
suchclaimisagainst the FIRM orany sub-contractor,orby anyone directlyor
indirectly employed byany of them orby anyone for whose actsany of them maybe
liable.
B.No insurance required by the CITY shall be issued or written bya surplus linescarrier
unless authorized in writing by the CITY andsuch authorization shallbeat the CITY's
sole and absolute discretion.The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida,on forms approved by the State of Florida,aswill
protect the FIRM,ata minimum,fromallclaimsas set forth below which may arise
out of or result from the FIRM'S operations under the Contract andfor which the
FIRM may be legallyliable,whether such operations be by the FIRM orbya
Subcontractor or by anyone directly or indirectly employed by any of them,orby
anyone for whose acts any of them may be liable:(a)claims under workers1
compensation,disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed;(b)claimsfor damages because of bodily
injury,occupational sickness or disease,or death of the FIRM'S employees;(c)
claimsfor damages because of bodily injury,sickness or disease,or death of any
person other than the FIRM'S employees;(d)claims for damages insured by usual
personal injury liability coverage;(e)claims for damages,other than to the Work
itself,because of injury to or destruction of tangible property,including loss of use
resulting there from;(f)claims for damages because of bodily injury,death of a
person or property damage arising out of ownership,maintenance oruse of a motor
vehicle;(g)claims for bodily injuryor property damage arising out of completed
operations;and (h)claims involving contractual liability insurance applicable to the
FIRM'S obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shall provide and maintain inforceand effect untilall the Work to be
performed under this Contract has been completed and accepted by CITY (orfor
such duration asis otherwise specified hereinafter),the insurance coverage written
on Florida approved forms and as set forth below:
19
A.Workers'CompensationInsuranceat the statutory amount asto all
employees incompliancewith the "Workers'Compensation Law"of the
Stateof Florida including Chapter 440,Florida Statutes,aspresently
written or hereafter amended,andallapplicablefederallaws.In addition,
the policy (ies)must include:Employers'Liability atthe statutory
coverage amount.The FIRM shall further insure that all of its
Subcontractors maintainappropriatelevels of Worker's Compensation
Insurance.
B.Commercial Comprehensive General Liabilitv insurance with broad form
endorsement,aswellas automobile liability,completed operations and
products liability,contractual liability,severability of interest with cross
liabilityprovision,andpersonalinjuryand property damageliability with
limits of $1,000,000combinedsinglelimitperoccurrenceand $2,000,000
aggregate,including:
•PersonalInjury:$1,000,000;
•MedicalInsurance:$5,000 perperson;
•Property Damage:$500,000 each occurrence;
•Automobile Liability:$1,000,000 each accident/occurrence.
•Umbrella:$1,000,000 perclaim
C.Umbrella Commercial Comprehensive General Liabilitv insurance shall be
written on aFlorida approved form with the same coverage as the
primary insurance policy but in the amount of $1,000,000 perclaimand
$2,000,000 AnnualAggregate.Coverage must be afforded onaformno
more restrictive than the latest edition of the Comprehensive General
Liability policy,without restrictive endorsements,asfiled by the Insurance
Services Office,and must include:
(1)Premises and Operation
(2)Independent Contractors
(3)Products and/or Completed Operations Hazard
(4)Explosion,Collapse and Underground Hazard Coverage
(5)BroadForm Property Damage
(6)Broad Form Contractual Coverage applicable to this specific
Contract,includinganyhold harmless and/or indemnification
agreement.
(7)PersonalInjuryCoverage with Employee and Contractual
Exclusions removed,with minimum limits of coverage equal to
those required forBodilyInjuryLiabilityand Property Damage
Liability.
D.Business Automobile Liabilitv with minimum limits of One Million Dollars
($1,000,000.00)plusanadditionalTwo Million Dollar ($2,000,000.00)
umbrella per occurrence combined singlelimitforBodilyInjury Liability
20
and Property Damage Liability.Umbrella coverage must be afforded ona
form no more restrictive than the latest edition of the Business
Automobile Liabilitypolicy,without restrictive endorsements,asfiled by
with the state of Florida,and must include:
(1)Owned Vehicles.
(2)Hired and Non-Owned Vehicles
(3)Employers'Non-Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet,the
subcontract shall contain the same insurance provision as set forth in section 5.1 above
and 5.4 below and substituting the word Subcontractor for the word FIRM and
substituting the word FIRMforCITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders'Risk),IF APPLICABLE:
A.In the event that this contract involves the construction of a structure by the FIRM,
the FIRM shall maintain,with an Insurance Company or Insurance Companies
acceptable to the CITY,"Broad"form/All Risk Property Insuranceincluding
Vandalism &Malicious Mischief coverage,on buildings and structures,while in the
course of construction,including foundations,additions,attachments and all
permanent fixtures belonging to and constituting apart of said buildings or
structures.Thepolicyorpoliciesshallalso cover machinery,if the cost of machinery
is included in the Contract,orif the machinery is located inabuilding that isbeing
renovated by reason of this contract The amount of insurance must,atall times,be
at least equal to the replacement andactualcash value of the insured property.The
policyshallbein the name of the CITY and the FIRM,as their interest may appear,
andshallalso cover the interests of all Subcontractors performing Work.
B.All of the provisions set forthinSection5.4herein below shallapplytothis
coverage unless it would beclearly not applicable.
5.1 Miscellaneous:
A.Ifanynoticeofcancellationofinsuranceorchangeincoverageisissuedby the
insurance company or should any insurance havean expiration date that willoccur
during the period of thiscontract,the FIRM shall beresponsibleforsecuring other
acceptableinsurancepriortosuchcancellation,change,orexpirationsoastoprovide
continuous coverageasspecifiedinthissectionandsoastomaintaincoverageduring
the life of this Contract.
B.All deductibles must bedeclaredby the FIRM and must beapprovedby the CITY.At
the option of the CITY,either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procurea Bond,inaformsatisfactoryto the CITY covering the same.
21
C.The policies shall contain waiver of subrogation against CITY where applicable,shall
expressly provide that such policy or policies are primary overanyother collectible
insurance that CITY may have.The CITY reserves the right atanytimeto request a
copyofthe required policies for review.All policies shall contain a ''severability of
interest"or "cross liability"clause without obligation for premium paymentofthe
CITY,as well as contractual liability provision covering the Contractors dutyto
indemnify the CITY asprovidedinthis Agreement.
D.Before starting the Work,the FIRM shall deliver to the CITY and FIRM certificates of
such insurance,acceptabletothe CITY,aswellasthe insurance binder,ifoneis
issued,the insurance policy,including the declaration page and all applicable
endorsements andprovide the name,addressand telephone number ofthe
insurance agent orbroker through whom the policywas obtained.Theinsurershall
berated A.VII or better perA.M.Best's Key Rating Guide,latesteditionand
authorizedtoissue insurance intheStateof Florida.All insurance policies mustbe
written onforms approved by the State of Florida and they must remainin full
forceand effect for the duration of the contractperiodwith the CITY.The FIRM
mayberequiredby the CITY,atitssole discretion,toprovidea"certifiedcopy"of
the Policy(as defined inArticle1 of this document),whichshallinclude the
declarationpageand all required endorsements.In addition,the FIRM shall deliver,
at the time of delivery of the insurancecertificate,the following endorsements:
(1)apolicy provision oran endorsement withsubstantially similar provisions
as follows:
"TheCity of SouthMiamiisanadditionalinsured.Theinsurershallpay
all sums that the City of South Miami becomes legally obligated to payas
damages because of 'bodily injur/','property damage',or "personal and
advertising injury"anditwill provide to the Cityall of the coverage that is
typically provided under the standard Florida approved formsfor
commercial general liability coverage Aand coverage B";
(2)(b)apolicyprovisionoran endorsement with substantially similar
provisions as follows:
"Thispolicyshall not becancelled(includingcancellationfor non-payment of premium),
without firstgiving the City of South Miami ten (10)days advanced written notice of the
intent to cancel or terminate the policy for any reason."
6.1 Indemnification
A.The FIRM accepts and voluntarily incurs allrisks of any injuries,damages,or harm
which might arise during the work or event that is occurring on the CITY's property
due to the negligence or other fault of the FIRM or anyone acting through oron
behalf of the FIRM.
22
B.The FIRM shall indemnify,defend,save and hold CITY,its officers,affiliates,
employees,successors andassigns,harmless from any andall damages,claims,
liability,losses,claims,demands,suits,fines,judgments or cost and expenses,
including reasonable attorney's fees,paralegal fees and investigative costs
incidental there to and incurred prior to,during or following any litigation,
mediation,arbitration and atall appellate levels,which may be suffered by,or
accrued against,charged to or recoverable from the City of South Miami,its
officers,affiliates,employees,successors and assigns,by reason of any causes of
actions or claim of any kindor nature,including claims for injury to,or death of any
person or persons and for the lossor damage to any property arising out of a
negligent error,omission,misconduct,or any gross negligence,intentional act or
harmful conduct of the FIRM,its contractor/subcontractor or any of their officers,
directors,agents,representatives,employees,or assigns,or anyone acting through
or on behalf of any of them,arising out of this Agreement,incident to it,or
resulting from the performance or non-performance of the FIRM'S obligations
under this AGREEMENTor which arises out of oris concerning the use of CITY
property or the service,operation or performance of any work that is being
performed for the CITYor of any event that is occurring on the CITY's property.
C.The FIRM shallpayallclaims,losses and expenses of any kindor nature
whatsoever,in connection therewith,including the expense orloss of the CITY
and/or its affected officers,affiliates,employees,successors andassigns,including
their attorney's fees,in the defense of anyactioninlawor equity brought against
them and arising from the negligent error,omission,or act of the FIRM,its Sub-
Contractor or any of their agents,representatives,employees,orassigns,and/or
arising out of,or incident to,this Agreement,or incident to or resulting from the
performance or non-performance of the FIRM'S obligations under this
AGREEMENT..
D.The FIRM agrees and recognizes that neither the CITY nor its officers,affiliates,
employees,successors andassignsshallbeheldliableorresponsibleforanyclaims,
including the costsand expenses of defending suchclaimswhichmayresultfromor
arise out ofactionsoromissionsof the FIRM,its contractor/subcontractor oranyof
theiragents,representatives,employees,orassigns,oranyoneactingthroughor
on behalf of the them,andarising out of or concerning the work or event that is
occurringon the CITY's property.In reviewing,approvingorrejectingany
submissionsoracts of the FIRM,CITY innowayassumesorsharesresponsibilityor
liability for the actsoromissionsof the FIRM,its contractor/subcontractor oranyof
theiragents,representatives,employees,or assigns,oranyoneactingthroughor
on behalf of them.
E.The FIRM hasthedutyto provide adefensewithanattorneyorlaw firm approved
bythe City ofSouth Miami,which approval will notbeunreasonablywithheld.
23
END OF DOCUMENT
24
MIAMI HERALD |MiamiHerald.com
NEIGHBORS
CALENDAR
•CALENDAR,FROM34SE
CIVIC/GOVERNMENT
CommunityServicesandtheMil
itary:Community discussionon
challengesfacedbyveteransand
returningmilitaryseekingservices
throughtheVeteran'sAdministration
MedicalCenter.RSVP requiredat
beaconcouncii.com/events.
8a.m.Aug.28.BeaconCouncil,80
SWEighthSLSuite2400,Downtown
Miami.S30;$20 members.
FAIRS&FESTIVALS
Brickeil Fashion Market's,ATrend
setter'sBazaar.Widerangeof
trendyclothing,shoes,bagsand
accessoriesfromreputablebrands
andup-and-comingdesigners from
allovertheworld.
Tl a.m.Aug.2A Intercontinental
Miami.100 ChopinPlaza,Downtown
Miami.Free.786-546-8500.
CulturalSouls Fine ArtFair-Miami:
Weekend artfair showcases the
worksbyestablishedandemerging
artistsfromaroundtheworldplus
interactive demos andliveart
auction.
10a.m.Aug.24.SherbondyVillage
•TURNTO CALENDAR,38SE
ALL LEVELS WELCOME!
Intro Classes To Competative Leagues
August 23 -December 13,2014
Two Full Courts InOur Indoor Gym
LeaguePlayersReceiveUniforms &Trophies
•Biddy Clinic -Grades K -1
•Youth Leagues -Grades 1-2,3-5
•Teen Leagues -Grades 6-8,9-12
•Corporate Basketball -18 yrs+
CALL:305.271.9000 x292
Dave and Mary Alper JCC
ontheJayMorton-Levinthal Campus
11155 SW 112 Avenue,Miami *alperjcc.org
SE SUNDAY,AUGUST 24,2014 |35SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBYgiven that the CityCommission oftheCityof South Miami,Florida willconduct
Public Hearings)atits regular City Commission meeting scheduled for Tuesday.September 2.2014
beginning at7:00 p.m.,intheCity Commission Chambers,6130 Sunset Drive,toconsider thefollowing itcm(s):
£A Resolution authorizing the City Manager to execute afive (5)year contract with L«Parking N
^Inc.for an amount not to exceed SI,120,419 for afive (5)year period.J
An Ordinance granting to Florida Power &LightCompany,itssuccessors and assigns,anelectric
franchise,imposing provisions and conditions relating thereto,providing for monthly payments to
theCityof South Miami,and providing for aneffective date.
An Ordinance amending Section 20-7.12 ofthe City of South Miami Land Development
Code concerning parking requirements for restaurants within the Hometown District Overlay
(HD-OV)Zonc.
An Ordinance amending theCityof South Miami Land Development Code Section 20-7.12
Permitted Uses;(A).Storefront Uses within the Hometown District Overlay,to reference
provisions for schools adopted byOrdinance 05-11-2078.
ALL interested parties are invited to attend andwillbe heard.
For further information,please contact theCity Clerks Office at:305-663-6340.
Maria M.Menendez.CMC
CityClerk
Pursuant to Florida Stature*286.0105,theCityhereby advise*thepublic thatifaperson decides toappeal anydecision made by
thisBoard,Agency orCommission withrespect toanymatter considered atitsmeeting orhearing,heorshewill need arecord
oftheproceedings,and that for such purpose,affected person may need toensure that averbatim record oftheproceedings is
made which record includes thetestimony andevidence upon which theappeal istobebased.
Alt ofthesesessionsare free andopentothe public.For further
information,please call Anita Gibboney at 305-375-5414.
//istlwpolicyof Miami-Dude County to comply with alloftherequirements of
lUcAmcrhansxvithDisahUin&sAa.Thcfacility'
interpreters,assistive listening devicesor materials in accessibleformal.
please vail (305)375-1545atleastfivedaysinadvance.
wmMmmmaamRsm
WHAT EDUCATION SHOULD BE!
RIVIERA DAY SCHOOL 6800 Ncrvia Street.CoralGables,FL33146 I Tel.30S.666.18S6
RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue,Miami,FL33176 I Tel.786.300.0300
www.rivieraschools.com I Accreditedby AISF,SACS,MSA,Ai,NCPSA,NIPSA
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersigned authority personally appeared
MARIA MESA,whoonoathsaysthatheorsheisthe
LEGAL CLERK,Legal Notices ofthe Miami Daily Business
Review f/k/a Miami Review,a daily (exceptSaturday,Sunday
andLegalHolidays)newspaper,publishedatMiamiinMiami-Dade
County,Florida;that the attached copy of advertisement,
being aLegal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 9/2/2014
in the XXXX Court,
was published in said newspaper inthe issues of
08/22/2014
Affiantfurther says thatthesaid Miami Daily Business
Review isa newspaper published at Miamiin said Miami-Dade .
County,Florida and thatthesaid newspaper has
heretofore been continuouslypublishedinsaidMiami-DadeCounty,
Florida,eachday(exceptSaturday,SundayandLegal Holidays)
andhas been entered as second class mailmatteratthe.post
officein Miami insaid Miami-Dade County,Florida,fora
periodof one year next preceding thefirstpublicationofthe
attachedcopyofadvertisement;andaffiantfurther says thatheor
shehasneitherpaid norjjromised any person,firm or corporation
any discount,rejater6ommission orfefund for the purpose
otssethin^^^vertteemejit for publication in the said
liewspape
(SEAL)
MARIA MESA personally knownto me