Res No 058-15-14397RESOLUTION NO.058-15-14397
A Resolution authorizing the City Manager to increase general fund appropriations for
the 2015 Fourth of July celebratory event through a donation of $9,000 from Laz
Parking as part of its contact obligations.
WHEREAS,the contract between theCityandLaz Parking (Resolution 181-14-14275),
stipulates that Laz Parking shallprovideadonationtotheCity of SouthMiami,whichwillbe
usedforthe City's Fourth of JulyAnnualFireworksdisplayintheamount of ninethousand
($9,000)dollarsinthecalendaryear 2015";and
WHEREAS,this donation will assist with costs associated with this event in the area of
entertainment,fireworks and/or decorations;and
WHEREAS,this donation will increase the expenditure line item 001-2000-572-4820,
Promotional Activities/Special Events,witha current balance of $14,404.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The City Manager is hereby authorized to increase account number 001-2000-
572-4820,Promotional Activities/Special Eventsby $9,000 froma donation fromLazParking
to assist with costs associated with the event,in the area of entertainment,fireworks,
decorations,etc.,forthe 2015 Fourth of July celebratory event.
Section 2.If any section clause,sentence,or phrase of this resolution isforanyreason
held invalid or unconstitutional byacourt of competent jurisdiction,the holding shallnotaffect
the validity of the remaining portions of this resolution.
Section 3.This resolution shall become effective immediately upon adoption byvote of
the City Commission.
PASSED AND ADOPTED this 21stday of APril 2015.
READ AND AP
LANGUA
E
DASTO FORM,
Page 1 of 1
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGERimcmxmmmm^i^c INTER-OFFICE MEMORANDUM
To:TheHonorableMayor&MembersoftheCityCommission
From:StevenJ.Alexander,City Manager
Date:April 21,2015 AgendaItem No.:_
Subject:A Resolution authorizing the City Manager to increase general fund
appropriations for the 2015 Fourth of July celebratory event through a
donation of $9,000 from Laz Parking as part of its contact obligations.
Background:The following entity will contributetothe 2015 Fourthof July event:
Laz Parking $9,000
This event ispartiallyprivatelyfundedandthis donation willassistwithcosts
associated in the area of decorations,entertainment,fireworks,and sound
production,etc.
Thedonation will increase the expenditure line item 001 -2000-572-4820,
Promotional Activities/Special Events,whichhasa current balanceof $14,404,by
$9,000,bringing the totalto$23,404.
The contract betweentheCityand Laz Parking (Resolution 181-14-14275),
stipulates that Laz Parking shall provideadonationto the CityofSouth Miami,
which will beusedfortheCity's 2015 FourthofJuly celebratory eventinthe
amount ofnine thousand ($9,000)dollars.
Expense:$9,000(Willbeused towards the decorations,entertainment,fireworks,and/or
sound production,etc.).
Account:001-2000-572-4820 (Promotional Activities/Special Events)
Attachments:Proposed Resolution
Attached Resolution 181 -14-14275
RESOLUTION NO,:181-14-14275
AResolution authorizing the CityManager to execute afive (5)year contract with
Laz Parking Inc.
WHEREAS,the Citywishesto enter intoafive(5)year agreement with Laz Parking,Inc.,
for parking management services;and
WHEREAS,the City'ssolicitedproposalsforparking management services through a RFP
processandreceived three (3)proposals that werereviewedbyaSelectionCommittee;and
WHEREAS,the Selection Committee scoredandranked the proposal submitted by Laz
Parking,Inc.,as the highestranked,most responsive and responsible proposal;and
WHEREAS,CityCommissionauthorized the CityManagerto negotiate afive(5)year
agreement with Laz Parking,Inc.,inaccordancewithResolution125-14-14218.
NOW,THEREFORE,BE IT RESOLVED THEMAYORANDCITY COMMISSION OF THE CITY
OFSOUTH MIAMI,FLORIDA:
Section1.TheCityManagerisauthorizedtoexecuteafive(5)year contract with Laz
Parking,Inc.,forparking management servicesforan amount nottoexceed $1,110,271
effectiveOctober1,2014.Thecontractagreementmaybe terminated bytheCitywithout
causewitha30daynoticeandthe contractor may terminate the agreement withoutcausewith
a120daynotice.Acopyofthe agreement isattached.
Section2.Severability.If anysection,clause,sentence,or phrase ofthis resolution is
foranyreasonheld invalid orunconstitutionalbyacourtof competent jurisdiction,this holding
shallnot affect the validity of the remainingportionsofthis resolution.
Section 3,Effective Date:Thisresolutionshall take effect immediately upon
enactment.
PASSED AND ENACTED this 2nddav of September,2014.
ATRST:APPROVED:
READ AND APf>ROyfeD AS TO FORM,
LANGUAGKLfe^LlTY^
EXQgdjBr^THEREOF/
MAYOR
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Welsh:yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Soutlf Miami
THE CITY OF PLEASANT UVJNG
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
From:
Date:
TheHonorableMayor&Members of the City Commission
Steven Alexander,City Manager
September 2,2014 Agenda Item No.W.
A Resolution authorizing the City Manager to execute afive(5)year contract with LazParking
Inc.
Background
TheCityIssueda Request forProposalfor Parking Management Services,(RFP SFN-2014-01).
Threeproposals were received that werereviewedbyaSelection Committee.Threefirms
responded to the RFP;Laz Parking,Republic Parking Systems,and SP+MunicipalServices.
Below please finda breakdown of the Evaluation Committee's scoring of the received
proposals:
1.LazFloridaParking286
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
*Proposal Summation Error:1,349^965
,CITY OF SOUTH MIAMI
^ni if h"M bmi office of the city manager
^^!,p%JI"uv!nC"inter-office memorandum
In accordancewithResolution 125-14-14218,the CityManagerwas authorized to negotiate a
five(5)year contract agreement with Laz Parking,Inc.Asummaryof the negotiated terms are
below:
1.(a)Price Proposal aspresentedin the RFP responsewasreducedbyover $10,000
whichwillbe imposed during the first yearofthecontract
2.Requiredpersonnelbetrainedingoodcustomerservice techniques
3.Shifted the expense of auditingcontractorsrecordstothe contractor
4.Shifted the expense of developing new parkingspaces to the contractor,with
the exception of striping
5*Required annual audits by the contractor and the production of financial
statements as requested by the city
6.Contractor shall be required to produce a one anda five year strategic parking
system planand one additional strategic planas the city may design and require
7.Contractor shall make recommendations on marketing directed to increase
parkingin the municipalparkingstructure,inadditiontooperationsand
improvements
8.Contractor is required to promote the city's parking system,working with the
business community,conducting customer surveys twice ayear,branding the
city parking system and developing and implementing a positive marketing
campaign to the satisfaction of the city
9.Thefinancial agreement includes any new on-street parking improvements
whichshallbeincludedin the scopeofservice
10.Thecontractorwillmakeapaymentto the cityof $9,000 forsurveysnot
completed by the contractor during the previous agreement,which willbe used
for the City'sFourth of July Annual Fireworks display in the calendar year 2015.
11.Additionally,the contractorwill,within the firstyear,purchaseandtransferto
the Citya new GEMvehiclevaluedatover$14,500within the first twenty-four
(24)months of thisagreementorbeforeOctober1,2016or 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.
Soutlf Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The agreement with Laz Florida Parking will takeeffectOctober1,2014forafiveyear(5)
period after the expiration of the currentMonth-to-Month agreement.The agreement with
Laz FloridaParking ensures there will benointerruptioninservicesorparking revenues priorto
October 1,2014.
Amount:$1,110,271 forafive(5)year period;(FY 2015,$203,008)
Account:Account No.001-1410-513-3459 for FY 2015
Attachments:Resolution
Resolution #125-14-14218;''Authorization to Negotiate7'
Laz Parking Inc.,Five(5)Year Agreement
Resolution #36-14-141130;"Month-to-Month Agreement"
RESOLUTION NO,:1 25-14-14218
A Resolution authorizing the CityManager to enter intoafive(5)year contract
agreement with LazParking Jnc.foran amount not to exceed $1,120,419 fora five
(5)year period.
WHEREAS,the Citywishesto enter into a five (5)year agreement withLaz Parking,inc.,
forparking management services;and
WHEREAS,the City'ssolicitedproposalsfor parking management servicesthrougha RFP
processandreceived three (3)proposals that werereviewed by aSelection Committee;and
WHEREAS,the Selection Committee scoredandranked the proposal submitted byLaz
Parking,inc.,as the hfghest ranked,mostresponsiveandresponsible proposal;and
WHEREAS,Laz Parking,Inc.,isrecommendedforthefive(5)yearcontract agreement
for parking management services.
NOW,THEREFORE,BEITRESOLVEDTHEMAYORAND CITY COMMISSION OFTHECITY
OFSOUTH MIAMI,FLORIDA:
Section1.TheCity Manager isauthorizedtonegotiateand enter-into afive(5)year
contract agreement with LazParking,Inc.,forparking management servicesforan amount not
toexceed$1,120,419forafive {5}year period effectiveOctober1,2014.Thecontract
agreement maybe terminated by the Citywithoutcausewitha30daynoticeand the contractor
may terminate the agreement without causewitha120daynotice.A copy of the sample
agreement is attached.
Section 2.Severability.If any section,clause,sentence,orphrase of this resolutionis
foranyreason held invalid orunconstitutionalbyacourtof competent jurisdiction,thisholding
shallnot affect thevalidity of the remainingportionsof this resolution.
Section 3,Effective Date:Thisresolutionshall take effect immediately upon
enactment.
PASSEDAND ENACTED thxsl 7thdav of June 2014,
APPROVED;
J
MAYOI
READAND APPRptt£D ASTOFORM,COMMISSION VOTE:
LANGUAGE U2&UTYAND /^\Mayor Stoddard:
EXECl£fl6jjjHEREOF j/J Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Edmond:
RESOLUTION NO.:36-14-14130
A Resolution authorizing the CityManagerto enter into a month to month
contract with LazParking,Inc.,forparking management services.
WHEREAS,the City's and LazParkingInc.,entered into an agreement for parking
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 City and Laz Parking Inc.,mutuallydesiretoextendthe
agreement on a month-to-month basisfora term not to exceed six (6)months,expiring
September 30,2014at the same terms,conditionsandpricesidentified in Agreementfor
Parking Management Services;and
WHEREAS,the City or LazParking,Inc.,may terminate the agreement witha written 30
DayNoticeto either party,andinallcases,such termination will become effectiveuponthelast
day of the month the Notice of Termination is received.
NOW,THEREFORE,BEIT RESOLVED THEMAYORANDCITYCOMMISSIONOFTHECITY
OFSOUTH MIAMI,FLORIDA:
Section 1.The City Manager is authorized to enter into a month to month contract,a
copyofwhich is attached to this Resolution,with Liz 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,acopyof
whichis attached to this Resolution,foran amount nottoexceed $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 validityof the remaining portions ofthis resolution.
Section 3.
enactment.
Effective Date:This resolution shall take effect immediately upon
PASSED AND ENACTED this 4thdav of March 2014.
ATTEST;
(ana.:^/^^^^^
:rftr6.ERK /
READ AND AftpftOVED ASTO FORM,
LANGUAJJEJ?LEGAL!TY>
EXJE£0tfopQ THEREOF i
APPROVED:
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
Steven ^Alexander,City Manager
March 4,2014
South Miami
AlMraertrai
'I
tfa
2001
A Resolution authorizing the CityManager to enter into a month to month contract
with Lai Parking,Inc.,for parking management services.
BACKGROUND:The Cityenteredintoa Municipal Parking Management Servicesagreement with Laz
Parking,Inc.effective April I,2011 (Resolution #121-11-134453).The agreement;fora
three (3)year term,expireson March 31,2014.
The Citydesirestoissueasolicitationforparkingmanagementservicesandthemonth to
month contraa will provide the Cicy timetomakea decision,selectavendorandenter
intoanewagreementThemonthtomonth agreementwith Laz Parking Inc.,shall extend
the terms andcurrentmonthlyfee of $16,9i 7.40 foran additional six(6)months.
Expense
Attachments:
$101,600 (6-Months)fromAccountNo.001 -!410-513-3459 witha balance of $221,452
for FY 2014.
Resolution
Month to Month Contract
Resolution #121-11-134435 andLaz Parking Municipal Agreement
MONTH TO MONTH CONTRACT
THIS AGREEMENT made and entered into this 2-day of fttAflc/f ,2014,by and between the
Cityof South Miami,a Florida municipal Corporation (hereinafter referred toas"City")and Laz Parking,Inc.,
hereinafterreferredtoas"Contractor'*).
WITNESSETH:
WHEREAS,theCityandContractor entered intoanAgreementforParkingManagementServices effective
April 1,2011 forathree(3)yearperiod;and
WHEREAS*the Agreement wasissuedforathree (3)yearterm,expiringon Match 31,2014;and
WHEREAS,theCitymaydecidenottoextend the Agreement byan additional two(2)year period andmaydeckle
toissueasolicitationforparking management services;and
WHEREAS,toprovidetheCity time tomakeitsdecisionandselectavendorandenterintoanew agreement for
parkingmanagement services,theCityandLaz Parking Inc.,mutuallydesiretoextendtheagreementona month-to-month
basisforatermnottoexceedsix(6)months,expiring September30,2014 atthesame terms,conditions andpricesidentified
inAgreementforParkingManagementServices;and
NOW,THEREFORE,theCityandthe Contractor,eachthroughtheirauthorizedrepresentative/official,agree as
follows:
1.Therecitalssetforthabovearetrueandareherebyadoptedbyreference.
2.TheCityandtheContractorshallcontinuetodobusinesspursuanttotheAgreementfor Parking
Management Services betweenthe City andContractorwhich shall remainin effect throughitscurrenttermandshall
thereafter,beextendedonamonthtomonthbasisforan additional six(6)months,underthesametermsandconditions
asthe Agreement for Parking Management:Services otherthanas modified bythis monthtomonthcontract Acopyof
theAgreementfor Parking Management Services Is attached tothis Month-to-Month extension.Ifthereisanyconflict
between the Agreement for Parking Management Services andthis month tomonth contract,the later agreement shall
takeprecedence.
3.Contractor shallcontinueto provide such services underthesame pricc(s),termsand
conditions as Identified the Agreement for Parking Management Services.
4.Cityand Contractor may terminate themonthtomonthextension ofthe contract atanytime during the
six-monthextension period by30daywrittenadvance notice("Notice ofTermination").TheCity agrees topayforservices
atthe agreed upon rates andContractor agrees to continue to perform services through the30 day Notice of Termination
periodfollowing the issue andreceiptofthenotice.
5.The administration ofthe contract and all decision bytheCityshallbe conducted atthesole discretion
of theCity Manager,including all decision asto termination or renewal as provided forinthe Agreement for Parking
Management Servicesandasmaybeprovidedinthismonthtomonth agreement.
6.TheCity Manager may,athissole discretion,renewtheAgreementfor Parking Management Services
forthe same renewal periods provided forin that agreement,or for a lesser period.Innoevent shall thetotalterm ofthe
contract,includingall extensionsand renewals exceedfive years.
INWITNESSWHEREOF,and astheduly authorized act ofthe parties,the undersigned representatives
of the parties hereto have caused this instrument tobesigned intheir respective names bytheir proper officials onor prior to
theday and yearfirst above written and whichdate shall bethe effective date ofthis agrccme
ATTEST:
By-flftgg QQhsUa^^
•-^—ivtaria M.^?e1^enaez^CMC f Steven Alexander
CityClerk City Manager
CONTRACTOR By;
CONTRACTOR SERVICES AGREEMENT FOR PARKING MANAGEMENT SERVICES
THIS CONTRACT is made between LAZ FloridaParking,LLC,aFlorida corporation,
("CONTRACTOR")andthe City ofSouth Miami,a Florida municipal corporation,("GSM")
through CSM's City Manager (who shall hereinafter be referred to as "City"),on this 79^this
day of Sepfeftfer 2014.
NOW,THEREFORE,in consideration of the mutual promises and agreements hereinafter
set forth,the receipt andsufficiencyofwhichare 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,untila 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,includingall 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,whichhas 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 areisas set
forth in Attachment "B,"1.(b),whichis attached to this Contract and made a part thereof by
reference.
6.Payment and Partial Payments.The CONTRACTOR shall submit anoriginalinvoice to the
Cityfor each payment certifying the WORK completed by the CONTRACTOR.The amount of the
invoice submitted shallbe the amount dueforall WORK performed andunpaidto the date of
the invoice,as certified by the CONTRACTOR The term "certified"asusedinthis contract,shall
mean that the certified information or document must be submitted to the City with a
statement made under penalty ofperjuryandconfirming 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
invoicefollowing the change.The amount oftheinvoices submitted shallbe the amount due
forallWORK performed to date,ascertifiedby the CONTRACTOR.The request for payment
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 shall be performed by the CONTRACTOR to the
satisfaction of the City's representative,who shall decide all questions,difficulties and disputes
of whatever nature which may arise under orby reason of this Contract,the prosecution and
fulfillment of the services,and the character,quality,amount andvalue and the City's
representative's decisions upon allclaims,questions,and disputes shallbefinal,conclusive and
binding upon the parties unless such determination isclearly arbitrary or unreasonable.In the
event that the CONTRACTOR does not concurin the judgment of the representative Cityas to
any decisions made by him,he shall present his written objections to the City Manager and
shall abide by the decision of the CityManager,unless the decision isclearlyarbitraryand
unreasonable.Any issue that is debatable shallbe resolved infavor of the City's decision.
8.Ownership of Documents.Allreportsand reproducible documents,and other data
developed by the CONTRACTOR for the purpose of this Contractshall immediately become the
property of the City without restriction or limitation in connection with the City's use,and
occupancy of the project ifapplicable under Florida law.TheCitymay reuse these documents
without the need for consent of the CONTRACTOR.When eachindividual section orphase,if
any,of the WORK under this Contractis complete,all of the above applicabledatashallbe
delivered tothe City.Atanytimeduringthe course oftheWork,all suchreports,documents
anddatashallbe delivered to the Cityupondemandby the City.
9.Audit Rights.The City reserves the righttoaudit the records of the CONTRACTOR
related to this Contract at any time during the execution of the WORKandforaperiod of five
(5)years after final payment is made.In the event that the Cityaudits the recordsanditis
determined that additional money is owed to the City,the Contractor shallpayfor the cost of
the audit.
10.Subletting orAssigning.The CONTRACTOR shall not sublet,assign,or transfer any
WORK under thisContractorany of the services to be performed byit hereunder,without the
prior written consent of the City.Any assignment or subcontracting inviolation hereof shallbe
void and unenforceable and shall be deemed a material breach of this Contract.The
CONTRACTOR shallbeasfully responsible to the Cityfor the acts and omissions of its
subcontractors and/or assigns,ifany,orsub-consultants,asitisfor the actsandomissionsof
people directly employed byit.The CONTRACTOR shallrequire each subcontractor or assigns,
ifany,CONTRACTOR or sub-consultant,approvedby the City,toagreeinits contract to observe
andbe bound to the Citybyallobligationsand conditions ofthis Contract towhich
CONTRACTOR is bound.
11.Personnel.All CONTRACTOR personnel fulfilling the terms ofthisContract,shallbe
employedsolelyby the CONTRACTOR andbeemployeesof the CONTRACTOR.CONTRACTOR
agrees to pay the followingfor CONTRACTOR employees:Wages,Incometaxwithholdings,
Social security withholdings,State unemployment insurance,Federal unemployment insurance,
andWorkmen'scompensationinsurance.CONTRACTOR shallappropriatelyandadequately
train personnel includinggood "customer service"Personnelnotperformingupto the
standards of the Citywillbe replaced by the CONTRACTOR immediately.
12.Lobbyist Representations.The CONTRACTOR warrants that ithas not employedor
retained any company or person,other than a bona fide employee working solely for the
CONTRACTOR,to solicit or secure this contract and that hehasnotpaid or agreed to payany
company or person other than a bona fide employee workingsolely for the CONTRACTOR any
fee,commission,percentage fee,giftsorany other considerations contingent upon or resulting
from the award or making of this contract.Forbreachorviolationof these representations,the
City shall have therightto 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 at any time by the City without cause,upon a 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 ofanymoniespaid to CONTRACTOR forwork that was not
performed.The CONTRACTOR shallbe entitled to payment equal to the percentage of
the work satisfactorily completed bythe CONTRACTOR and accepted by the City.
C.Upon notice of such termination,the Cityshall determine the amounts due to the
CONTRACTOR for services performed up to the date of termination.The CONTRACTOR
shallnot be entitled to payment forWork performed after the termination date.The
CONTRACTOR shall not be entitled to any lost 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 and ifno date is specified,than on and after the 121st day
following the receipt of the notice of termination.
E.The City may terminate this Agreement upon five(5)days written notice if the
CONTRACTOR defaults onany material term of this Agreement The materiality of the
default shallbe determined bythe City,in the City'ssole and absolute discretion.
F.The Cityshall not be required topay the CONTRACTOR untilithas delivered to the City
all the documents and data relevant to the Work.The CONTRACTOR'S acceptance of
the payment infull of the CONTRACTOR'S invoice,shall be a non-rebuttable
presumption that the CONTRACTOR has received full payment for all goods and services
rendered to the date of that invoice and pursuant to the terms and conditions of the
Contract.
14.Noticeof Claims.If the CONTRACTOR hasaclaimarising out ofthisContract and/or the
Work contemplated byor performed pursuant tothisContract,aNoticeof Claim shallbemade
in writing and delivered to the Citywithin twenty one (21)days of the date when the
CONTRACTOR knew or should have known of the daim.The delivery of the claimshallbe
accomplished in the same manner asdelivery of a "notice"or "notification".
A.Anyclaim for whicha Notice ofClaimis not timelyfiled shall be deemed waived.
B.Inany event,the CONTRACTOR shall not be entitled to delay damages or consequential
damages and his sole compensation for aDefaultby the City causing a delay shall be
termination of the Contract and/or compensation provided by this Contract for any
completed services and an extension of time to complete the Work equal to the number
of days of delay caused by the City.In the event partial payment has been made for
such services not completed,the CONTRACTOR shall return such sums to the Citywithin
ten (10)days after notice that said sums are due.
15.Insurance and Indemnification.The CONTRACTOR shall comply with all requirements
set forth in the City's standard insurance and indemnification requirements,as set forth in the
attached Attachment "C"
16.Codes,Ordinances and Laws.CONTRACTOR agrees to provide its services during the
term of this Contract in accordance withallapplicablelaws,rules,regulations,and health and
safety standards of the federal,state,countyand City,whichmaybe applicable to the service
being provided.
A.The CONTRACTOR is required to complete andsignallaffidavits,includingPublicEntity
Crimes Affidavit form (attached)pursuant to FS 287.133(3)(a),as required by the
solicitation applicable to this Contract.CONTRACTOR shall comply with the DrugFree
Workplace policy set forth in the CSM solicitationforthis Contract,whichismadea part
of this Contract by reference.
B.TheCity of South Miami'shiringpracticesstrive to complywithallapplicable federal
regulations regarding employment eligibilityand employment practices.Thus,all
individuals and entities seekingtodoworkfor the City arerequiredtocomplywith ail
applicable laws,governmental requirements and regulations,including the regulations
of the United States Department of Justice pertaining to employment eligibility and
employment practices.TheCityreserves the rightatitsdiscretion,butdoes not assume
the obligation,torequireproof of validcitizenshipor,inthealternative,proof of a valid
greencardor other lawfulworkpermitforeachperson employed in the performance of
workorservicesfororonbehalfofthe City including personsemployedbyany
independent contractor.Byreservingthisright the City does not assume anyobligation
or responsibility to enforce or ensure compliance with the applicablelaws and/or
regulations.
17.Taxes.CONTRACTOR shallbe responsible forall payments of federal,state,and/or local
taxes related to the Work,inclusive of sales tax ifapplicable.
18.Independent Contractor.CONTRACTOR isan Independent entity under this Contract
and nothing hereinshallbe construed tocreateapartnership,jointventure,oragency
relationship between the parties.
19.Licenses and Certifications.CONTRACTOR shall secure all necessary business and
professionallicensesatits sole expense priorto executing the Contract.
20.Entirety of Contract.This Agreement constitutes the entire agreement of the parties,
incorporates all the understandings of the partiesand supersedes anyprior agreements,
understandings,representation or negotiation,written ororal.This Agreement may not be
modifiedor amended except inwriting,signedbybothpartieshereto.This Agreement shall be
binding upon andinure to the benefit of the Cityand CONTRACTOR andto their respective
heirs,successors andassigns.No modification or amendment of any terms orprovisions of this
agreement shall be validor binding unless ftcomplies with this paragraph.This agreement,in
general,andthisparagraph,in particular,shall notbemodifiedor amended byactsor
omissions of the parties.
21.JuryTrial.Cityand CONTRACTOR knowingly,irrevocably,voluntarily and intentionally
waive any right either of them may havetoatrialbyjuryin State orFederalCourtproceedings
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 anylitigation between the partiesarising out ofor
relatingin any way tothis Contract orabreach thereof,eachpartyshallbearitsowncostsand
legalfees.Nothing contained hereinshallrestrict the City of South Miami'srightto
indemnificationfor attorney feesincurredby the CityofSouthMiamiassetforthinthe
indemnification provisions of this Contract.
23.Non-Waiver of Sovereign Immunity.Notwithstanding anything contained inthe
Contract to the contrary,nor any statement,actor omission of aCityofficer,Commission
member or employee,shall be construed to beawaiver of the City'srightto the protectionof
sovereign immunity.
24.Validity of Executed Copies.ThisContract may be executed inseveral counterparts,
each of which may be construed asanoriginal.
25.Rules of Interpretation.Throughoutthis agreement themalepronounmaybe substituted for
female and neuter and the singular words substituted forplural and plural words substituted for
singular wherever applicable.The parties to this agreement have had an opportunity to seek legal
counsel and to draft this agreement ina manner toavoidany ambiguity.Thepartiesalso acknowledge
that all terms of this Agreement were negotiated at arm's length and that this Agreement andall
documents executed in connection herewith were prepared and executed without undue influence
exerted by anypartyor on anyparty.Further,this Agreement was drafted jointly byallparties,andno
party is entitled to the benefit of any rules 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.If any term orprovision of this Contractor the application thereof to any
person or circumstance shall,to any extent,beinvalid 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
and provision of this Contract shall be validand enforceable to the fullest extent permitted by
law.
27.Non-Waiver.Cityand CONTRACTOR agree that nofailure to exercise andno delay in
exercisinganyright,power orprivilegeunderthisContracton the partof either partyshall
operate asa waiver of any right,power,orprivilege under this Contract No waiver of this
Contract,in whole orpart,including the provisions of this paragraph,may beimpliedbyanyact
or omission andwill only bevalidand enforceable ifinwriting and duly executed byeach of the
parties to thisContract.Anywaiver of anyterm,conditionorprovision of thisContractwillnot
constitute a waiver of any other term,conditionorprovision hereof,norwilla waiver of any
breach of any term,condition orprovision constitute awaiver of any subsequent orsucceeding
breach.Thefailure to enforce this agreement astoanyparticularbreachor default shallnotact
asa waiver of any subsequent breach or default.
28.NoDiscrimination.Noactionshallbe taken by the CONTRACTOR,whichwould
discriminateagainst any personon the basisofrace,creed,color,nationalorigin,religion,age,
sex,familial ormarital status,ethnicity,sexualorientationordisability.
29.Equal Employment.In accordance withFederal,State andLocallaw,the CONTRACTOR
shall not discriminateagainstany employee orapplicantfor employment becauseofrace,
color,ethnicity,religion,sex,sexual orientation,national originordisability.The CONTRACTOR
shall comply with all aspects of the AmericanswithDisabilitiesAct (ADA)duringthe
performance of this contract.The CONTRACTOR shall take affirmative action to ensure that
suchdiscrimination does not take placeand the CONTRACTOR shall ensure that the foregoing
provisions are included inall subcontracts or contracts for any work covered by this Contractso
that such provisions will be binding upon each subcontractor.
30.Governing Laws.This Contract and the performance of services hereunder willbe
governedbythe laws of the Stateof Florida,with exclusive venue for the resolution ofany
disputebeingacourtof competent jurisdiction in Miami-Dade County,Florida.
31.EffectiveDate.This contract shall become effective upon the execution of the contract
by the CityManager.
32.ThirdPartyBeneficiary.Itis specifically understoodandagreed that nootherpersonor
entity shallbeathirdpartybeneficiaryhereunder,and that noneofprovisionsofthisContract
shallbefor the benefit of or be enforceable byanyone other than the parties hereto,and that
only the parties hereto shallhaveanyrightshereunder.
33.FurtherAssurances.Theparties hereto agreeto execute anyandall other andfurther
documents as might be reasonably necessaryinordertoratify,confirm,and effectuate the
intent and purposes of the Contract.
34.Ownership of Preliminaryand Final Records.All preliminaryand final documentation
andrecordsshall become and remain the soleproperty of the City.The CONTRACTOR shall
maintain original documents thereof foritsrecordsandforits future professional endeavors
andprovide reproducible copies to the City.In the event of termination of the agreement,the
CONTRACTOR shall cease work anddeliver to the Cityall documents (including reports andall
other dataandmaterial prepared or obtained by the CONTRACTOR in connection with the City
Parking Management Services RFP.
35.Time of Essence.Time shallbe 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 signedby the other party.
36.No Remedy Exclusive.No remedy conferred uponor reserved to anyparty hereto,or
existing atlaworin equity,shallbeexclusive of any other available remedy or remedies,but
eachand every such remedy shallbecumulativeand shall beinadditionto every other remedy
given under this Contract or hereafter existingatlaw,in equity orby statute.
37.Force Majeure.Neither party hereto shallbein default for the failure to perform its
obligations under thisContractifcausedbyacts of God,civil commotion,strikes,labordisputes,
or governmental demands or requirements that could not be reasonably anticipated and the
effects avoided or mitigated (hereinafter referredtoas "force majeure").Each party shall
notify the other of anysuchforcemajeurewithinten(10)daysof the occurrence.Neither
party shallhold the other responsible for damages orfordelaysin performance caused byforce
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 asreasonablypossible.
38.Access ToPublic Records.CONTRACTOR andall of its subcontractors are required to
complywiththe Florida publicrecordslaw (s.119.0701)while providing servicesonbehalf of
the CITY and the CONTRACTOR,under suchconditions,shallincorporatethisparagraphinall of
itssubcontractsforthisProject.CONTRACTOR anditssubcontractorsarespecificallyrequired
to:(a)Keepandmaintain public records that ordinarily andnecessarilywouldberequiredby
the publicagencyinordertoperform the service;(b)Provide the publicwithaccesstopublic
recordson the same terms and conditions that the public agency would provide the records
andata cost that does not exceed the cost providedin this chapter oras otherwise providedby
law;(c)Ensure that publicrecords that are exempt or confidential and exempt frompublic
records disclosure requirements arenotdisclosed except as authorized bylaw;and(d)Meet all
requirements forretainingpublicrecordsandtransfer,atnocost,to the publicagency all public
recordsinpossession of the CONTRACTOR upon termination of the contractand destroy any
duplicate public records that are exempt orconfidentialand exempt frompublicrecords
disclosure requirements.Allrecords stored electronically must beprovided to the public
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
be considered delivered when received by the other party orits authorized representative.
Whenever notice shall be required or permitted herein,itshall be delivered in such a manner
that there is written proof of delivery(including electronic,digitalor other similarrecord that is
capable of being produced)includingbutnotlimited to certifiedmailwithareturnreceipt,
handdelivery/e-mail,facsimiletransmissionor other type of transmission that providesa
record of transmission and receipt.Certifiedmailshallbe sent with return receipt requested
andshall be deemed delivered on the date shown on the postal delivery confirmation or the
date shown as the date Certified mail was refused or unclaimed.Hand delivery to the Cityshall
not be sufficient notice forany purpose unless a copy of the notice is produced with the official
CityClerk's date and time stamp appearing uponit.Noticesshallbe delivered to the following
individualsor 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:saiexander@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
ToCONSULTANT/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 on Liability:No member ofthe governing bodyofthe CITY,andno other officer,
employee,oragentofthe CITY shallhaveany personal interest,director indirect,inthisAgreement,
except as permitted by the Code of Ethics of the City of SouthMiami;and the CONTRACTOR covenants
that nopersonhavingsuchinterestshallbeemployedinthe performance ofthisAgreement.
41.Unauthorized Aliens:Theemploymentof unauthorized aliens bythe Cbmpany is considered a
violation of Federal Law.If the Company knowingly employsunauthorized aliens,suchviolationshallbe
causefor unilateral cancellation ofthisAgreement.This applies toany sub-contractors usedbythe
Companyaswell.The CITY reserves the right atits discretion,butdoesnotassumethe obligation,to
requireproofofvalid citizenship or,inthe alternative,proofofa valid green card foreachperson
employedinthe performance ofworkor services fororonbehalfofthe CITY including persons
employedbyany independent contractor.By reserving thisrightthe CITY doesnotassume any
obligationorresponsibilitytoenforceorensure compliance with the applicable lawsand/or regulations,
IN WITNESS WHEREOF,the parties have set theirhandson the date set forthbelow their name.
Witness
Lo3*/y\Ac&<£&
CONTRACTOR:LAZ FLORIDA PARKING,LLC
Christopher B.Walsh
RegionalVice President
Dated:9/4/2014
ATTESTED:OWNE TH MIAMI
By:
By:
Steven Alexander
City Manager
Maria M.Menen
CityClerk
Read and Approved asJkJToh^i,Language,
Legality and Execution there
Dated:WML
Dated:ffif/'f
10
Attachment "A"
Scope Or Services
Background:
The City has historically contracted for professional parking managementand operating
services to manage and operate publicparkingwithin the City of SouthMiami,and meet the
goals of enhancing customer service,revenuecollectionandimprovingoverall
operations/efficiencies.
Responsibilities Of The Parties
City Responsibilities:
TheCity currently hasresponsibilityforapproximately764 metered parking
spaces within the bordersof the City.In additionto the metered parking,
spaces,1MunicipalGarageincluding approximately 450 spaces,a commercial
andresidential decal program andvaletservicesarepart of the scope.Referto
Exhibit#1 "Maps ofSouthMiami Metered Parking Spaces.1'Over the last three
fiscal years,the parking revenue isasfollows:
2013/2014:$2,320,000 (Projected)"
2012/2013:$2,151,268
2011/2012:$1,918,988
Duringfiscal year 2012-2013,the Citybegan deploying a downtown wire mesh
(Wi-Fi)network to improve connectivityresponseforwireless parking
equipment Refer to Exhibit if2 "Map of Downtown WireMesh Network"The
City intends toreplacethe cellular modems inside the parking paystationswitha
connection device supported by the Wi-Fi wire mesh network.Asaresult of this
deployment,the Cityanticipatesreducing the monthly parkingpaystation
cellular connectivity costs.All the downtown parkingpay stations are
anticipated to be connected via Wi-Fi by September 30,2014.
The Citywill provide uniform shirts(polo's),computer equipment,vehicles,a
designated workspace andany other related equipment deemed necessaryby
the Cityinvolving the parkinginfrastructure.
The Citywill provide stripingforany on-street parking that itmay develop or
acquire in the future.
11
Contractor Responsibilities:
The CONTRACTOR'S operation of the Parking System shallinclude conducting all
necessary and proper services requiredfor the Parking System'operations to
established industry standards.The CONTRACTOR shall handle the collection of
parking fees when properly due either through cash,coin and/or credit card
payments or by parking validation.
CONTRACTORshall attend meetings as the Cityshall request from time to time.
The CONTRACTOR'S management of the Parking System shallincludefinancial,
marketing andplanningfunctions.The CONTRACTOR shall provide to the City:
1-Acopyofthe company annual financial auditonorbefore June 1st of
every fiscal year.
2.1year,and 5 year strategic plansfor the Citythat include operating and
capital budgets onor before June 1st of every fiscal year.
3.AnAnnualrate study,to determine proper pricingfor the Parking System
onorbefore June 1st of every fiscal year,provided howeverthatthe Gty may
require one additional strategic plan within the term of the Agreement;
recommend and implement improvements to the operational procedures
currentlyinplaceincludingmarketingdirectedinpart to increase parking usage
of the Municipal garageandon the streets.
4.Provide the CITY with management reports as described by the City,as
often as requested,to include but innocaseless often than once a month.
5.Anannual written condition appraisal report providingaphysicaldamage
and/or deterioration ofthe Parking Infrastructure onor before June 1st ofevery
fiscal year.
6.Customer surveys once a year ata minimum,of the City's on-street,off-
street,and municipal garage parking systems and provide the results to the City
onorbefore June 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 and cultural community
2.Conducting customer surveys twice ayear;branding the CITY Parking
System;and developing and implementing a positive marketing campaign to the
satisfaction of the City.
The CONTRACTOR shall submit to the CITY itsproposedOperations Program
(Program),whichshallinclude,among other matters,the operating budget,the
capital budget,detailed information regardinga system of cost controls,hoursof
operation,personnel schedules,and maintenance schedules for the Parking
System.
The CONTRACTOR shall maintain accurate and complete records detailing all
parking violations issued,Parking enforcement staff hoursandclaimsarising 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 yearandshallallow the CITY andits representatives to
examine,review and audit anyandall such records,aswellasall books,and
other documents upon request foraperiod commencing upon the execution of
this Agreement and ending two (2)yearsfollowing the expiration or termination
of this Agreement.
The CONTRACTOR shallusetechnology,includinggreen technologies whenever
possible-to enhanceandimprove customer servicesandoperational
efficiencies;andreporton the status of any Parking System relatedprojectas
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 aproactiveapproachto maintenance so
that the Parking System shall alwaysfunctionin the most attractive,efficientand
proper manner.At least once ayear,the CONTRACTOR shall conduct a
condition appraisal of the Parking Systemforanysign of physical damageand/or
deteriorationandissueawrittenreport that issatisfactoryto 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 necessary staff for the collection of revenue from the equipment,
including "back-office"personnel for the counting of revenue and the prompt
processing of credit,debit and smart card payments.
4.The Parking Operator shall manage and enforce the parkingprogram.
Responsibilities include the following:
a.Enforcing parking restrictions,including through the issuance of citations
and the ordering of vehicle towing in accordance with City requirements and
policy.
b.Collecting,accountingfor,and depositing with the City,residential
parking permit fees,meter fees,citations payments,including penalties,and any
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 asnecessary*
f.Monitoringparkingprogram effectiveness,including recommended
changes to meter locations.
g.MaintainingalocalofficewithinSouthMiami,andprovidingan Internet
siteaccessible to the public,forthepurpose of issuingpermits,collecting
revenues,andprovidingpublicinformation.Responding to parkingcomplaints
and to publicinquiriesabout all facetsof the parkingprogram,inatimely
courteous fashionandin accordance with the City'spolicies regarding customer
service.
h.Continuingapublicinformationprogram,whichis center around
excellent Customer Service as approved by the City.
5.Off-Street Parking
Anyparkinglots,orparkinggaragesthatmaybe developed oracquiredin the
futureby the CITY willbeincludedaswithin the scope of this Agreement tobe
serviced by the CONTRACTOR.
6.On-Street Parking
14
The CITY has regulated on-street parkingspaceslocated throughout the City of
South Miami.These on-street parkingspaces may be changed from time to
time,but at all times anysuchspaces will beincludedas parking within the
Parking Systemandwillbesubjecttothetermsofthis Agreement.Anyon-
street parking that may be developed oracquiredin the futureby the CITY will
beincludedaswithin the scope of this Agreement tobeservicedby the
CONTRACTOR.
7-Staffing,Operational &HolidayHours
Throughout the term ofthis Agreement,the CONTRACTOR shall assignsufficient
personnel to properly perform parking management services.The CITY shall not
haveany responsibility whatsoeverforanypersonnelwho shall beemployees of
the CONTRACTOR andfor whom CONTRACTOR shallbe responsible.Ifatany
time the CITY isnot reasonably satisfied withtheperformance of any of
CONTRACTOR'S personnel,suchpersonnel shall bepromptlyreplacedby the
CONTRACTOR to the reasonable satisfaction of the CITY.CITY and CONTRACTOR
agree that CONTRACTOR willprovide enforcement services;
Sunday -Wednesday;9:00am-12:00am(midnight)
Thursday &Saturday;9:00am-2:00 am
Christmas Eve&New Years'Eve;9:00 am-6:00 pm
Thanksgiving,Christmas&NewYears'Day;NoEnforcementServices
All other Holidays,regularstaffinghourswillapply
8.The CONTRACTOR understandsthat certain elements of the Parking
System are subject to existing legal obligationsincluding those createdby means
ofleases,License Agreements and Condominium Documents,asanexample.
The CONTRACTOR shall apprise itselfof such obligations and shall complywith all
applicable terms and requirements related toits services.
9*The CONTRACTOR'S performance shallatall times be subject toreview
andapproval of the CITY,actingbyand through itsdesignated staff
representatives.
IS
10.IT IS UNDERSTOOD AND AGREED that CONTRACTORis retained solely for
the purposes of Parking Management described herein and only to the extent
set forth in this Agreement.The CONTRACTOR'S relationship to the CITY shall be
that of an independent contractor.Neither the CONTRACTOR nor any of its
employees shall be considered under the provisions of this Agreement orforany
purposes hereunder,ashavingan "employee"status oras being entitled to
participate in any benefits accrued byorgiven 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 lessthana6-
hour repair time.Asinglespace meters willbe repaired within 24 hours.
b)Weekends &Holidays-Apayanddisplay meter will not have less than a
24 hour repair time.Allsingle 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 similarsizeand scope as the City of SOUTH
MIAMIfor the last three (3)yearsata minimum.
•In addition toalocal office,the CONTRACTOR must have aregional support
office located within 20miles of the Cityof South Miami.
•CONTRACTOR must have onits staff at least one (1)senior level Manager or
Executive that possesses a minimum of 20yearsof on-street parking
management andTrafficEngineering experience.
•CONTRACTOR must bea business ingood 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,ail necessary design,function,
management,operation and marketing of the program.
•Assistance in implementing the program,including working with downtown
businesses,presentationstoneighborhoodgroupsand other organizationsas
needed.
•Financing of anycapital improvements,including but notlimitedto parking
meters,support vehicles,computer andcoin counting and revenue processing
equipment.
•Purchase of relatedequipmentdeemednecessarytoadminister the program.
•installation and maintenance of parking meters.CONTRACTOR shallinstall,at
its expense,poles,/or single space meters/heads (including those thatprovide
for the metering of twospacesonasinglepole),andmulti-space parking
meters,that are requested by the Cityto convert un-metered on-street
parking to metered parking.Allinstallationshallbeinaccordance with
standards approvedandpermittedby the City.All meters shallberepaired
within 24 hours of identified as malfunctioning
•Collection,counting and depositing of revenue.Collections of each meter shall
be done noless than bi-weekly and more often if meter canisters arefull.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 formaintenanceand repair
personnel.
•Handleinan appropriate manner all customer service issues associated with
the program.
•Provideweekly,monthlyand annual reportsasrequiredby the City.
•Any other servicescontainedin the CONTRACTOR'S proposal submitted in
response to the City's Parking Management RFP.
17
Attachment "B"
1.(a)Price Proposal as presented inthe 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 asnegotiatedandagreedtobybothparties,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
Theannual amount ispaidona monthly basis between October and September before
the 15th of every month*It isthe responsibility ofthe Contractor to provide the City
with a monthly invoice before the 5th of every month.
2.Surveys were not completed asrequiredin the previous contract andinagoodfaith
effort;CONTRACTOR shallprovideadonationto the City of South Miami,whichwillbe
used for the City'sFourth of July Annual Fireworks display in the amount of nine
thousand ($9,000)dollarsin the calendaryear 2Q15.
3.CONTRACTOR shall provide atitssolecost;one (1)GEM Vehicle valued at approximately
$14,500for parking services provided inthis Contract withinthefirst 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 limitingitsliability,the vendor,contractor,consultant orconsultingfirm
(hereinafter referred to as "FIRM"with regard to InsuranceandIndemnification
requirements)shall be requiredtoprocureand maintain atitsown expense during
the life of the Contract,insurance of the types andin 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 byanyof them orbyanyonefor whose actsany of them maybe
liable.
B.No insurance required by the CITY shallbeissuedor written bya surplus linescarrier
unless authorized in writing by the CITY andsuch authorization shall be at the CITY's
soleand absolute discretion.The FIRM shall purchase insurancefromandshall
maintain the insurance witha company or companies lawfully authorized to sell
insurance in the State of Florida,onforms approved by the State of Florida,as will
protect the FIRM,ata minimum,fromallclaimsas set forth below which may arise
out of orresultfrom the FIRM'S operations under the Contractandforwhich the
FIRM maybe legally liable,whethersuchoperationsbeby the FIRM orbya
Subcontractororbyanyone directly or indirectly employedbyany of them,orby
anyone for whose acts any of them maybeliable:(a)claims under workers1
compensation,disability benefit and other similar employee benefit actswhichare
applicable totheWorktobe performed;(b)claims fordamagesbecauseof bodily
injury,occupationalsicknessordisease,ordeathof the FIRM'S employees;(c)
claims fordamagesbecauseof bodily injury,sicknessor disease,ordeathofany
person other than the FIRM'S employees;(d)claimsfordamagesinsuredby usual
personal injury liability coverage;(e)claimsfordamages,otherthanto the Work
itself,because ofinjurytoordestructionoftangibleproperty,includinglossofuse
resultingtherefrom;(f)claims fordamagesbecauseofbodily injury,deathofa
personor property damage arising out of ownership,maintenance oruse of a motor
vehicle;(g)claimsforbodily injury orpropertydamage arising out of completed
operations;and(h)claims involving contractualliabilityinsurance applicable tothe
FIRM'S obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shallprovideand maintain in force and effect until all theWorktobe
performed under this Contracthasbeen completed andacceptedby CITY (orfor
such duration asis otherwise specified hereinafter),the insurancecoverage written
on Florida approved forms andas set forth below:
19
A.Workers'Compensation Insuranceat the statutory amount as to all
employees in compliance with the "Workers'Compensation Law"of the
State of Florida including Chapter440,Florida Statutes,aspresently
written or hereafter amended,andallapplicablefederallaws.In addition,
the policy(ies)mustinclude:Employers1 Liability at the statutory
coverage amount.The FIRM shall further insure that all of its
Subcontractors maintainappropriatelevels of Worker's Compensation
Insurance.
B.Commercial Comprehensive General Liability insurance with broad form
endorsement,aswellas automobile liability,completed operations and
productsliability,contractual liability,severability of interest withcross
liabilityprovision,andpersonalinjuryand property damage liabilitywith
limits of $1,000,000 combined singlelimitper occurrence and $2,000,000
aggregate,including:
•PersonalInjury:$1,000,000;
•MedicalInsurance:$5,000 perperson;
•Property Damage:$500,000each occurrence;
•Automobile Liability:$1,000,000 each accident/occurrence.
•Umbrella:$1,000,000perclaim
C.Umbrella Commercial Comprehensive General Liabilitv insurance shall be
written ona Florida approved form with the same coverage as the
primary insurance policy but in the amount of $1,000,000 perclaimand
$2,000,000Annual Aggregate.Coverage must beaffordedonaformno
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)PremisesandOperation
(2)Independent Contractors '
(3)Products and/or Completed Operations Hazard
(4)Explosion,CollapseandUnderground Hazard Coverage
(5)BroadFormPropertyDamage
(6)Broad Form ContractualCoverageapplicable to thisspecific
Contract,includinganyhold harmless and/or indemnification
agreement.
(7)Personal Injury Coverage with EmployeeandContractual
Exclusions removed,with minimum limits of coverage equal to
those required forBodily Injury Liabilityand Property Damage
Liability.
D.Business Automobile Liabilitv with minimum limits of One Million Dollars
($1,000,000.00)plusan additional Two Million Dollar ($2,000,000.00)
umbrella per occurrence combined singlelimitforBodilyInjury Liability
20
and Property DamageLiability.Umbrella coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy,without restrictive endorsements,asfiledby
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 ifanypart of the Work under the Contractis sublet,the
subcontract shall contain the same insurance provisionas set forthin section 5,1 above
and 5.4 below and substituting the word Subcontractor for the word FIRM and
substituting the word FIRM for CITY 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,withanInsurance Company orInsurance Companies
acceptable to the CITY,"Broad"form/AllRisk Property Insuranceincluding
Vandalism &MaliciousMischief coverage,onbuildingsand structures,while in the
course of construction,including foundations,additions,attachments and all
permanent fixtures belonging to and constituting apart of saidbuildingsor
structures.The policyorpoliciesshallalso cover machinery,if the cost of machinery
is included in the Contract,orif the machineryis 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 insuredproperty.The
policyshall be in the name of the CITY and the FIRM,as their interest may appear,
andshallalsocover the interests of all SubcontractorsperformingWork.
B.All of the provisions set forthinSection 5.4 herein below shallapply to this
coverage unless it would beclearly not applicable.
5.1 Miscellaneous:
A.Ifany notice of cancellationofinsuranceorchangeincoverageisissuedby the
insurance company or should any insurance havean expiration date that willoccur
during the period of this contract,the FIRM shallberesponsibleforsecuring other
acceptable insurance prior to such cancellation,change,or expiration soas to provide
continuous coverage as specified in this section andsoas to maintain coverage during
the life of this Contract.
B.All deductibles must be declared by the FIRM and must be approved by the CITY.At
the option of the CITY,either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure aBond,inaform satisfactory to 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 over any other collectible
insurance that CITY may have.The CITY reserves the right at any time to request a
copy of the required policiesfor review.Allpoliciesshall contain a "severability of
interest''or ''cross liability"clause without obligation for premium payment of the
CITY,aswellas contractual liabilityprovision covering the Contractors duty to
indemnify the CITY asprovidedin this Agreement.
D.Before starting the Work,the FIRM shall deliver to the CITY and FIRM certificates of
such insurance,acceptable to the CITY,as well as the insurance binder,if one is
issued,the insurance policy,including the declaration page and all applicable
endorsements and provide the name,address and telephone number of the
insurance agent or broker through whom the policy was obtained.The insurer shall
be rated A.VII or better perA.M.Best'sKeyRating Guide,latest edition and
authorized to issue insurance in the State of Florida.All insurance policies must be
written on forms approved by the State of Florida and they must remain infull
force and effect for the duration of the contract period with the CITY.The FIRM
may be required by the CITY,atits sole discretion,to provide a "certified copy"of
the Policy(as defined inArticle1 of this document),whichshall include the
declaration pageandallrequired endorsements.In addition,the FIRM shalldeliver,
at the time of delivery of the insurance certificate,the following endorsements:
(1)apolicyprovisionoran endorsement with substantially similarprovisions
as follows:
"The City of South Miami is an additional insured.The insurer shallpay
all sums that the City of South Miami becomes legally obligated topayas
damages because of 'bodily injury",'property damage',or"personaland
advertising injury anditwill provide to the City all of the coverage that is
typically provided under the standard Florida approved formsfor
commercial generalliabilitycoverageAandcoverage B";
(2)(b)apolicyprovisionoran endorsement with substantially similar
provisions as follows:
'This policyshall not be cancelled (including cancellation for non-payment of premium),
without firstgiving the City of South Miami ten(10)daysadvanced written notice of the
intent to cancel or terminate the policyforany reason/'
6.1 Indemnification
A.The FIRM accents and voluntarily incurs all risks of any injuries,damages,orharm
which might arise during the work or event that isoccurringon the CnYs property
due to the negligence or other fault of the FIRM or anyone actingthroughoron
behalf of the FIRM.
22
B.The FIRM shall indemnify,defend,saveandhold CITY,its officers,affiliates,
employees,successors and assigns,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 andincurredprior to,during or following any litigation,
mediation,arbitration andatall 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 andassigns,by reason of any causes of
actions orclaim of anykindornature,includingclaimsforinjuryto,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
oron 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 isbeing
performed for the CITYor of any event that is occurring on the CITY'S property.
C.The FIRM shall pay allclaims,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 negligenterror,omission,oract of the FIRM,its Sub-
Contractororany of theiragents,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 norits officers,affiliates,
employees,successors andassignsshall be heldliableor responsible foranyclaims,
including the costs and expenses of defending such claims which may resultfromor
arise out of actionsoromissions of the FIRM,its contractor/subcontractor oranyof
their agents,representatives,employees,orassigns,or anyone acting through or
on behalf of the them,and arising out of or concerning the work or event that is
occurringon the CITY'S property.In reviewing,approving orrejectingany
submissions oracts of the FIRM,CITY inno way assumes or shares responsibility or
liability for the acts or omissions of the FIRM,its contractor/subcontractor or any of
their agents,representatives,employees,orassigns,or anyone acting through or
on behalf of them.
E.The FIRM has the duty to providea defense withan attorney orlawfirmapproved
by the City of South Miami,whichapprovalwill not be unreasonably withheld.
23
END OF DOCUMENT
24
MIAMI HERALD |MiamiHerald.com
NEIGHBORS
CALENDAR
•CALENDAR,FROM J4SB
CIVIC/GOVERNMENT
Community Servicesand thfi Hlh
rtory:Comrminity discussionon
challenges facedbyveteransand
returning militaryleeUng services
through (heVeteran's Administration
MedicalCenter.RSVPrequiredat
bedconcouncilxoWeventi.
6 ajn.Aug.28.BeaconCouncil,80
SW EighthSi Suite 2400,Downtown
Miami $30:920 members.
FAIRS&FESTIVALS
BrickeO Fashion Market's,A Trend
setter's Bazaar Widerangeof
trendy clothing,shoes,bagsand
accessories from,reputablebrands
and tiD-and*eoming designersfrom
all o\*r theworld.
8 a jti.Aug.24.intercontinental
Miami.100Chopin Plaza.Downtown
Miami.Free.786-546-aSOO.
CulturalSouls Fine Art Falr-Hlarol:
Weekend artfairshowcases the
worksbyestablished and emerging
artists from around the wortd pus
interactive demos and live art
auction
10a,m.Aug.24.Sherbondy Village
•TURN TOCALENDAR,3SSE
ALL LEVELS WELCOME!
Intro Classes To Competative Leagues
August 23 -December 13,2014
Two Full Courts In Our 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
ontheJay Morton-levinthal Campus
111S5 SW 112 Avenue,Miami «alperjcc.org
North Oarfe Regional Library
2455NW 183rd Street
Miami Gardens,FL 33056
SE SUNDAY,AUGUST Z4t2014|35SE
CITYOF SOUTHMIAMI
COURTESYNOTICE
NOTICEIS HEREBY given that dieGty Ccwranmbn of theQrvof South Miami,Honda will conduct
Public Hearing)at in regular Gty Comima'ioo meeting scheduled xor TV^Y S^t*™^s.7AU
begtn&wgat7:(foTkm,,OT the City Coniiru^
I A Resolution authorising the Gty Maneges to execute ofive (5)year contract with Las Parking \£Iflcfbi an amount not to cased $1,220,419 for*five (5)year period.J
An OroliurKc granting to FbndaPcnw&TJfficCompany rtesueoegoiy andaxrigrtg,anelectric
firanehist,imposing prwaiont and conditions selatingn^to,providing fomstuhxypaymenti to
theGtyofSouth MCbuni.and providing (ataneffective date.
Aft Ordinance amending Section 20-7.12 ofthe City of South Miami Land Development
Cods concerning paddng requirements for festauraots within the Hometown District Overlay
(HD-OV)Zonc.
An Ordinance amending theGtyofSouthMiami Land Development Code Section 20-7.12
Permitted Usee;(A).Storefront diet withinthe Hometown District Overlay,to reference
ptovirione forschools adopted byOsdinance 05-11-2078.
ALL interested parries aminvited to attend andwillheheard.
For further information,please contact theGty ClakV Office at:305-663-6340.
MariaM.Menendez,CMC
CiryClerk
JVwantto Florida Statutes 286.0105,theCayhereby advimthepabuethat ifipmooded<kittq>pciliEydedjipnm«deb)'
thisBoard,Agency orCommission withccspeet toWf tnxter amiIdesod Mhi ineettag orhearing beors)«\«iU need arceftrd
ofmeproceedings,and mattorsuet*purpose,affected person m^rued tocnraied^averbatim naori oftheprectcdii^tf
made whkhftmrd includes me testimony andevidence upoawhtebike appeal is to be bated.
All of these sessions arefreeand opan to the public.For further
fnformallon,please caD Anita Gfobcney al305-375-5414.
//ftihepoiiiyt>fMiaml~Dt*Jc Countym comply w'f*ollofthertquinemenn of
tl*Am<rican*YathDbahilitksAet.ilKfacH}tyixaccaathltLFers^
nuerptrmrA.avbtiv*fanning ilevtm <v motetiatt In oecmfble format,
ptctw cull (30!)37S'tS4$at kustftm day*in otAnrue.
WHAT EDUCATION SHOULD BE!
RIVIERA DAY SCHOOL 6800 Ncrvia Street.Coral Gable*.PL 33146 1Tel.305.666.1856
RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue.Miami,PL33176 I Tel.786.300.030O
www.riTieraaehoeJs.oAm I Accredited by ATSF,SACS,MSA.Ai.NCPSA,NIPSA
MIAMI DAILY BUSINESS REVIEW
Puttteted DailyexceptSaturday.Sundayand
LegalHolidays
Miami,Mteml-Oade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA,whoonoathsaysthatheorsheIsthe
LEGAL CLERK,Legal Notices ofthe Miami Daily Business
Reviewf/k/a Miami Review,a daily (except Saturday,Sunday
andLegal Holidays)newspaper,published atMiamiinMiami-Dade
County,Florida;thattheattachedcopyofadvertisement,
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 publishedinsaid newspaper In the issues of
08722/2014
Affiantfurther saysthatthesaid Miami Daily Business
Review Isa newspaper publishedat Miami insaidMiami-Dado.
County,Floridaandthat the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida,each-day (exceptSaturday,Sundayand Legal Holidays)
andhasbeenenteredassecondclassmailmatteratthe.post
officein Miami insaid Miami-Dade County,Florida,for a
period ofoneyearnext preceding thefirst publication ofthe
attached copyof advertisement;and affiant further saysthatheor
shehas neither paid nrygrpmlsad any person,firm orcorporation
any discount ret^atsTtcTnrnlsslon orrefund for the purpose
o£seetmi iy^JW»advertisement for publication inthesaid
"newspap
(SEAL)
MARIAMESApersonallyknowntorne