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Res No 119-19-15391RESOLUTION NO: 1 19 -19 -15 3 91 A Resolution authorizing the City Manager to enter into a month -to -month contract with Laz Florida Parking LLC for Parking Enforcement Management Services. WHEREAS, the City issued a Request for Proposal for "Parking Enforcement Management Services" on March 5, 2019; and WHEREAS, the solicitation closed on April 10, 2019 and two (2) proposals were received; 1. Laz Parking (Incumbent) 2. Republic/Lanier Parking WHEREAS, A selection committee reviewed each proposal and determined both Respondents should be interviewed by the Committee and completed Preliminary scores in accordance with the Evaluation and Selection procedures addressed in the RFP; and WHEREAS, at the completion of the interviews, the Committee scored and ranked the respondents after completion of the interviews and based on the total score, the committee recommended the highest ranked respondent, Republic/Lanier Parking for the award; and WHEREAS, contract negotiations began with Republic/Lanier Parking on June 13, 2019 and continued over the next several weeks; the City however was unable to reach an agreement with Republic/Lanier; and WHEREAS, the City and Republic/Lanier reached an impasse over the parking enforcement coverage hours requested by the City and which hours are in accordance with the existing parking management agreement. Republic/Lanier requested additional compensation over their sealed bid amount; and WHEREAS, the City could not agree to pay for additional services without soliciting new proposals and therefore, on August 13, 2019, the City rescinded the conditional award to Republic/Lanier for parking management and enforcement services and furthermore, in the event Republic/Lanier had any contractual rights, those rights were terminated; and WHEREAS, a new solicitation is required for parking management and enforcement services and, in order to maintain parking enforcement services while the new solicitation process is completed, a month -to -month contract is recommended with Laz Florida Parking LLC; same terms, conditions and prices identified in the current 2014 Agreement which expires September 30, 2019; and Pagel of 2 Resolution No. 119-19-15391 WHEREAS, securing additional quotations for a month -to -month agreement is not feasible, nor would additional quotations be available since a month -to -month contractor would need to make an investment in the hiring of personnel and securing related capital equipment by October 1, 2019 in order to provide the required services and expected revenue to the City for parking enforcement and therefore, the month -to -month contract is in compliance with the City Charter, Section 5, Sub section H; and WHEREAS, the month -to -month contract shall be effective October 1, 2019 and shall not exceed twelve (12) months, expiring September 30, 2020 and may be terminated by either party at any time with 30-day's written notice. The monthly cost is less than the fee that Republic/Lanier was demanding for the same services; and WHEREAS, the expenditure of $19,607.08 per month shall be charged Contract Parking, account number 001-1410-513-3459, effective October 1, 2019; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into a month -to -month contract with Laz Florida Parking LLC for Parking Enforcement Management Services, effective October 1, 2019 at the same terms, conditions and prices as the current 2014 agreement and shall not exceed twelve (12) months expiring September 30, 2020. A copy of the month -to -month agreement is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 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 ADOPTED this 17th day of September, 2019. ATTEST: APPROVED: CITY CLE K MAYOR( COMMISSION VOTE: �-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Item NoA. City Commission Agenda item Report Meeting Date: September 17, 2019 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a month -to -month contract with Laz Florida Parking LLC for Parking Enforcement Management Services. 3/5 (City Manager -Finance Dept.) Suggested Action: Attachments: ver 2 CM Memo Month to Month Recommendation Laz Parking 9.3.19.docx Resolution -Month -to -Month Agree LasParkingCArev.docx Laz Parking Month to Month Contract 10.1.19CArev.pdf Resolution 70-19-15342 Republic Parking Systems 5.21.19.pdf South?Miami THE CITY OF PLEASANT LIVING To: FROM: DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager September 17, 2019 SUBJECT: A Resolution authorizing the City Manager to enter into a month -to -month contract with Laz Florida Parking LLC for Parking Enforcement Management Services. BACKGROUND: The City issued a Request for Proposal for "Parking Enforcement Management Services" on March 5, 2019. The solicitation closed on April 10, 2019 and two (2) proposals were received; 1. Laz Parking (Incumbent) 2. Republic/Lanier Parking After the proposals were reviewed and ranked by a selection committee, both respondents were interviewed by the Committee. The Committee scored and ranked the respondents after completion of the interviews and recommended the highest ranked respondent, Republic/Lanier Parking for the award. The combined final rankings are below: Evaluator Republic/Lanier Parking Laz Parking Marcus Lightfoot 90 95 Shari Karnali 100 75 Alfredo Riverol 90 95 TOTAL 280 265 The award recommendation was approved on May 21, 2019, subject to the City Manager negotiating better terms, under the authority of Resolution No. 70-19- 15342. Contract negotiations began with Republic/Lanier Parking on June 13, 2019 and continued over the next several weeks. The City however was unable to reach an agreement with Republic. The City and Republic/Lanier reached an impasse over the parking enforcement coverage hours requested by the City as Republic/Lanier requested additional compensation over their sealed bid amount. The City could not agree to pay for additional services without soliciting new proposals. Therefore, on August 13, 2 South?Miami I - 11' �, I'-, '�F N� !%;%( CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM 2019, the City rescinded the conditional award to Republic/Lanier for parking management and enforcement services and furthermore, in the event Republic/Lanier have any contractual rights, those rights were terminated. A new solicitation is required for parking management and enforcement services and, in order to maintain parking enforcement services while the new solicitation process is completed, a month -to -month contract is recommended with Laz Florida Parking LLC; same terms, conditions and prices identified in the current 2014 Agreement which expires September 30, 2019. Securing additional quotations for a month -to -month agreement is not feasible, nor would additional quotations be available since a month -to -month contractor would need to make an investment in the hiring of personnel and securing related capital equipment by October 1, 2019 in order to provide the required services and expected revenue to the City for parking enforcement. Therefore, the month -to -month contract is in compliance with the City Charter, Section 5, Sub section H: "All purchases shall be approved after competitive conditions shall have been maintained and competitive bids sought from at least three different sources of supply if available, such determination to be made by Commission...." The month -to -month contract shall not exceed twelve 12 months, expiring September 30, 2020. The contract may be terminated by either party at any time with a 30-day written notice. AMOUNT: $19,607.08 per month. AccoUNT: The expenditure shall be charged Contract Parking, account number 001-1410- 513-3459, effective October 1, 2019. ATTACHMENTS: Resolution Month -to -Month Agreement, Laz Parking Resolution No. 70-19-15342 3 MONTH -TO -MONTH CONTRACT THIS AGREEMENT made and entered into this 1 day of October 2019by and between the City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and Laz Florida Parking LLC, hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the City and Contractor entered into an Agreement for Parking Management Services for a five (5) year period expiring on September 30, 2019; and WHEREAS, to provide the City time to make its decision and select a vendor and enter into a new agreement for parking management services, the City and Laz Parking Inc., mutually desire to enter into a month -to -month agreement for a term not to exceed twelve (12) months, expiring September 30, 2020 under the same terms, conditions and prices identified in 2014 Agreement for Parking Management Services; and follows: NOW, THEREFORE, the City and the Contractor, each through their authorized representativelofficial, agree as 1. The recitals set forth above are true and are hereby adopted by reference. 2. The City and the Contractor shall continue to do business pursuant to the Agreement for Parking Management Services between the City and Contractor which shall remain in effect through its current term. On October 1, 2019, this Month -to -Month Contract shall commence under the same terms and conditions as the Agreement for Parking Management Services other than as modified by this Month -to -Month Contract. A copy of the Agreement for Parking Management Services is attached to this Month -to -Month Contract. If there is any conflict between the Agreement for Parking Management Services and this Month -to -Month Contract, this contract shall take precedence. I Contractor shall continue to provide such services under the same price(s), terms and conditions as identified in the Agreement for Parking Management Services. 4. City and Contractor may terminate this Month -to -Month Contract at any time during the twelve-month period by providing the other party with a 30-day written advance notice ("Notice of Termination'). The City agrees to pay for services at the agreed upon rates and Contractor agrees to continue to perform services through the 30-day Notice of Termination period following the issue and receipt of the notice. 5. The administration of the contract and all decision by the City shall be conducted at the sole discretion of the City Manager, including all decision as to termination. 6. The effective date of this agreement is October 1, 2019. 7. This agreement requires approval by a written resolution of the City Commission. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed on or prior to the day and year first above written. CONTRACTOR: Laz Florida Parking LLC ATTEST: By: Nkeng A. Payne, C City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof By: Thomas F. Pepe City Attorney RESOLUTION NO.: 181-14 —14 2 7 5 A Resolution authorizing the City Manager to execute a five (S) year contract with Laz Parking Inc. WHEREAS, the City wishes to enter into a five (5) year agreement with Laz Parking, Inc., for parking management services; and WHEREAS, the City's solicited proposals for parking management services through a RFP process and received three (3) proposals that were reviewed by a Selection 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, City Commission authorized the City Manager to negotiate a five (5) year agreement with Laz Parking, Inc., in accordance with Resolution 125-14-14218. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY Of SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to execute a five (5) year contract with Laz Parking, Inc., for parking management services for an amount not to exceed $1,110,271 effective October 1, 2014. The contract agreement may be terminated by the City without cause with a 30 day notice and the contractor may terminate the agreement without cause with a 120 day notice. A copy of the agreement is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 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 2ndday of September , 2014. A ST: APPROVED: t� CITY C ERK MAYOR /1 READ AND RO D AS TO FORM, COMMISSION VOTE: 5-0 LANGUAG , L AL A Mayor Stoddard: Yea EX THEREOF Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea CITY CITY OF SOUTH MIAMI South M iami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager . -L DATE: September 2, 2014 Agenda Item No.: 10 A Resolution authorizing the City Manager to execute a five (5) year contract with Laz Parking Inc. BACKGROUND The City Issued a Request for Proposal for Parking Management Services, (RFP #FN-2014-01). Three proposals were received that were reviewed by a Selectlon Committee. Three firms responded to the RFP; Laz Parking, Republic Parking Systems, and SP+ Municipal Services. Below please find a 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 3280255 5 235,285 270,642 344,668 5-YR TOTAL 18120,419 1,274,922 1,592,576 *Proposal Summation Error: 1,349,965 CITY OF SOUTH MIAMI SOUiaml h OFFICE OF THE CITY MANAGER t M THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM In accordance with Resolution 125-14-14218, the City Manager was authorized to negotiate a five (5) year contract agreement with !az Parking, Inc. A summary of the negotiated terms are below: 1. (a) Price Proposal as presented in the RFP response was reduced by over $10,000 which will be imposed during the first year of the contract 2. Required personnel be trained in good customer service techniques 3. Shifted the expense of auditing contractors records to the contractor 4. Shifted the expense of developing new parking spaces 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 and a five year strategic parking system plan and one additional strategic plan as the city may design and require 7. Contractor shall make recommendations on marketing directed to increase parking in the municipal parking structure, in addition to operations and improvements 8. Contractor is required to promote the city's parking system, working with the business community, conducting customer surveys twice a year, branding the city parking system and developing and implementing a positive marketing campaign to the satisfaction of the city 9. The financial agreement includes any new on -street parking improvements which shall be included in the scope of service 10. The contractor will make a payment to the city of $9,000 for surveys not completed by the contractor during the previous agreement, which will be used for the City's Fourth of July Annual Fireworks display in the calendar year 2015. 11. Additionally, the contractor will, within the first year, purchase and transfer to the City a new GEM vehicle valued at over $14,500 within the first twenty-four (24) months of this agreement or before October 1, 2016 or 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. Miami CITY OF SOUTH MIAMI SouthOFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING The agreement with Laz Florida Parking will take effect October 1, 2014 for a five year (5) period after the expiration of the current Month -to -Month agreement. The agreement with Laz Florida Parking ensures there will be no interruption in services or parking revenues prior to October 1, 2014. AMouNT: $1,110,271 for a five (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 Negotiate" Laz Parking Inc., Five (5) Year Agreement Resolution #36-14-141130; "Month -to -Month Agreement" RESOLUTION NO.: 125-14-14218 A Resolution authorizing the City Manager to enter into a five (5) year contract agreement with Laz Parking Inc. for an amount not to exceed $1,120,M for a five (5) year period. WHEREAS, the City wishes to enter Into a five (5) year agreement with Laz Parking, Inc., for parking management services; and . WHEREAS, the City's solicited proposals for parking management services through a RFP process and received three (3) proposals that were reviewed by a Selection Committee; and WHEREAS, the Selection Committee scored and ranked the proposal submitted by Lai Parking, Inc., as the highest ranked, most responsive and responsible proposal; and WHEREAS, Laz Parking, Inc., Is recommended for the five (5) year contract agreement for parking management services. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to negotiate and enteMMo a five (5) year contract agreement with Laz Parking, Inc., for parking management services for an amount not to exceed $1,120,419 for a five (5) year period effective October 1, 2014. The contract agreement may be terminated by the City without cause with a 30 day notice and the contractor may terminate the agreement without cause with a 120 day notice. A copy of the sample agreement is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution Is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 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 this17 thday of June , 2014. APPROVED: 9ERK MAYO READ AND APPRPWD AS TO FORM, COMMISSION VOTE: LANGUA, 0XrTY A D Mayor Stoddard: EXEC REOF Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Edmond: RESOLUTION NO.: 3 6-14 -141 3 0 A Resolution authorizing the City Manager. to enter into a month to month contract with Laz Parking, Inc., for parking management services. WHEREAS, the City's and Laz Parking Inc., 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 for parking management services, the City and Laz Parking Inc., mutually desire to extend the agreement on a month -to -month basis for a term not to exceed six (6) months, expiring September 30, 2014 at the same terms, conditions and prices identified in Agreement for Parking Management Services; and WHEREAS, the City or Laz Parking, Inc., may terminate the agreement with a written 30 Day Notice to either party, and in all cases, such termination will become effective upon the last day of the month the Notice of Termination is received. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter Into a month to month contract, a copy of which Is attached to this Resolution, with Laz Parking, Inc:, for parking management services for a 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 which is attached to this Resolution, for an amount not to exceed $16, 917.40 per month. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 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 4 thday of March , 2014. ATTEST: APPROVED: C CLERK MAY R READ AND A OVED AS TO FORM, COMMISSION VOTE: 4-0 LANGUA LEGALITY N Mayor Stoddard: Yea EX O THEREOF Vice Mayor Harris: absent Commissioner Welsh: Yea �j A Commissioner Liebman: Yea Commissioner Edmond: Yea CITY ATTO RN EY w . w sour. South Miami o� 3�bcftd 4 .7, • CITY OF SOUTH MIAMI r 1927 a4 V P OFFICE OF THE CITY MANAGER • INTER -OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Steven). Alexander, City Manager Date: March 4, 2014 9 SUBJECT: A Resolution authorizing the City Manager to enter Into a month to month contract with Laz Parking, Inc., for parking management services. BACKGROUND: The City entered into a Municipal Parking Management Services agreement with Laz Parkin& Inc, effective April 1, 2011 (Resolution #121-11-134453). The agreement, for a three (3) year term, expires on March 31, 2014. The City desires to issue a solicitation for parking management services and the month to month contract wi11 provide the City time to make a decision, select a vendor and enter into a new agreement. The month to month agreement with Laz Parking Inc, shall extend the terms and current monthly fee of $16,917.40 for an additional six (6) months. EXPENSE $101.600 (6-Months) from Account No. 00 1 - 1410-513-3459 with a balance of $221,452 for FY 2014. ATTACHMENTS: Resolution Month to Month Contract Resolution # 121-11-134435 and Laz Parking Municipal Agreement MONTH TO MONTH CONTRACki THIS AGREEMENT made and entered into this day of AJAW# f 2014, by and between the City of South Miami, a Florida mtmicipal Corporation (hereinafter referred to as "City") and Laz Parking, Inc., hereinafter referred to as "Contractor"). WrI14METii: WHEREAS, the City and Contractor entered into an Agreement for Parking Management Services effmdve April 1, 2011 for a three (3) year period; and WHEREAS, the Agreement was issued for a three (3) year term, expiring on March 31, 2014; and WHEREAS, the City may decide not to extend the Agreement by an additional two (2) year period and may decide to issue a solicitation for parking management services; and WHEREAS, to provide the City time to make its decision and select a vendor and enter into a new agreement for parking management services. the City and Laz Parking Inc., mutually desire to extend the aft an a month -month basis for a term not to exceed six (6) months, expiring September 30, 2014 at the same tennis, conditions and prices identified In Agreement for Parking Management Services; and follows: NOW, THEREFORE, the City and the Contractor, each through their authorized representativelofficial, agree as 1. The recitals set forth above are true and are hereby adopted by reference. 2. Thee City and the Contractor shall continue to do business pursuant to the Agreement for Parking Managetcent Services between the City and Contractor which shall remain in effect through its ctureat term and shalt be extended on a month to month basis for an additional six (6) months, under the same terms and conditions as the Agreement for Parking Management Services other than as modified by this month to month contract: A copy of the Agreement for Parking Management Services is attached to this Month -to -Month extension IT there is any conflict between the Agreement for Parking Management Services and this month to month contrail, tic later agreement shall take precedence. 3. Contractor shall continue to provide such services under the same price(s), Gams and conditions as identified the Agreement for Parking Management Services. 4. City and Contractor may terminate the month to month extension of the contract at any time during the six-month extension period by 30 day written advance notice ("Notice of Termination"). The City agrees to pay for services at the agreed upon rates and Contractor agrees to continue to perform services through the 30 day Notice of Termination period following the issue and receipt of the notice. 5. The administration of the contract and all decision by the City shaU be conducted at the sole discretion of the City Manager, including all decision as to termination or renewal as provided for in the Agreement for Parking Management Services and as may be provided in this month to month agreement. 6. The City Manager may, at his sole discretion, renew the Agreement for Parking Management Services for the same renewal periods provided for in that agreement, or for a lesser period. In no event shall the total term of the contract, including all extensions and renewals exceed five years. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or prior to the day and year first above written and which date stall be the effective date of this agreeme ATTEST: CITY MIAMI By: 3 -- L... 4Vfaria M. Menen ez, CMC —Steven Alexander City Clerk City Manager Read pptvv as to 0 ecution eof A9 Ne By: CONTRACTOR By o F. City Attorney 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, (" M") through CSM's City Manager (who shall hereinafter be referred to as "City"), on this this day of SfpkJk= 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 is a conflict between any of the Contract Documents, this Contract shall prevail. In the event that there is a 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. S. Basis of Compensation. The renegotiated fees for Services for the WORK are is as 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-9 shall be provided with the next 1 invoice following the change. The amount of the invoices submitted shall be the amount due for all WORK performed to date, as certified by 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 or by reason of this Contract, the prosecution and fulfillment of the services, and the character, quality, amount and value and the City's representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONTRACTOR does not concur in the judgment of the representative City as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager, unless the decision is clearly arbitrary and unreasonable. Any issue that is debatable shall be resolved in favor of the City's decision. 8. Ownership of Documents. All reports and reproducible documents, and other data developed by the CONTRACTOR for the purpose of this Contract shall immediately become the property of the City without restriction or limitation in connection with the City's use, and occupancy of the project if applicable under Florida law. The City may reuse these documents without the need for consent of the CONTRACTOR. When each individual section or phase, if any, of the WORK under this Contract is complete, all of the above applicable data shall be delivered to the City. At any time during the course of the Work, all such reports, documents and data shall be 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 WORK and for a period of five (5) years after final payment is made. In the event that the City audits the records and it is determined that additional money is owed to the City, the Contractor shall pay for 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 as fully responsible to the City for the acts and omissions of its subcontractors and/or assigns, if any, or sub -consultants, as it is for the acts and omissions of people directly employed by it. The CONTRACTOR shall require each subcontractor or assigns, 2 if any, CONTRACTOR or sub -consultant, approved by the City, to agree in its contract to observe and be bound to the City by all obligations and conditions of this Contract to which CONTRACTOR is bound. 11. Personnel. All CONTRACTOR personnel fulfilling the terms of this Contract, shall be 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 up to the standards of the City will 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 working solely for the CONTRACTOR, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of these representations, the City shall have the right to annul this contract without liability. 13. Termination of Contract. It is 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 shall be entitled to a refund of any monies paid to CONTRACTOR for work that was not performed. The CONTRACTOR shall be 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 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 if no date is specified, than on and after the 121A day following the receipt of the notice of termination. 3 E. The City may terminate this Agreement upon five (5) days written notice if the CONTRACTOR defaults on any material term of this Agreement. The materiality of the default shall be determined by the City, in the City's sole and absolute discretion. F. The City shall not be required to pay the CONTRACTOR until it has delivered to the City all the documents and data relevant to the Work. The CONTRACTOR's acceptance of the payment in full 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. Notice of Claims. If the CONTRACTOR has a claim arising out of this Contract and/or the Work contemplated by or performed pursuant to this Contract, a Notice of Claim shall be made in writing and delivered to the City within twenty one (21) days of the date when the CONTRACTOR knew or should have known of the claim. The delivery of the claim shall be accomplished in the same manner as delivery of a "notice" or "notification". A. Any claim for which a Notice of Claim is not timely filed shall be deemed waived. B. In any event, the CONTRACTOR shall not be entitled to delay damages or consequential damages and his sole compensation for a Default by 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 City within 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 with all applicable laws, rules, regulations, and health and safety standards of the federal, state, county and City, which may be applicable to the service being provided. A. The CONTRACTOR is required to complete and sign all affidavits, including Public Entity 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 Drug Free Workplace policy set forth in the CSM solicitation for this Contract, which is made a part of this Contract by reference. B. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the City are required to comply with all 4 applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card or other lawful work permit for each person employed in the performance of work or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 17. Taxes. CONTRACTOR shall be responsible for all payments of federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 18. Independent Contractor. CONTRACTOR is an 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 at its 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 or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and CONTRACTOR and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. 21. Jury Trial. City and CONTRACTOR knowingly, irrevocably, voluntarily and intentionally waive any right either of them may have to a trial by jury in State or Federal 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 relating in any way to this Contract or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall restrict the City of South Miami's right to indemnification for attorney fees incurred by the City of South Miami as 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, act or omission of a City officer, Commission member or employee, shall be construed to be a waiver of the City's right to the protection of sovereign immunity. 5 24. Validity of Executed Copies. This Contract may be executed in several counterparts, each of which may be construed as an original. 25. Rules of Interpretation. Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural 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 in a manner to avoid any ambiguity. The parties also acknowledge that all terms of this Agreement were negotiated at arm's length and that this Agreement and all documents executed in connection herewith were prepared and executed without undue influence exerted by any party or on any party. Further, this Agreement was drafted jointly by all parties, and no 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 in favor of or against any person or party who drafted this Agreement. 26. Severability. If any term or provision of this Contract or 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 which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 27. Non -Waiver. City and CONTRACTOR agree that no.failure to exercise and no delay in exercising any right, power or privilege under this Contract on the part of either party shall operate as a waiver of any right, power, or privilege under this Contract. No waiver of this Contract, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Contract. Any waiver of any term, condition or provision of this Contract will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a 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, familial or marital status, ethnicity, sexual orientation or disability. 29. Equal Employment. In accordance with Federal, State and Local law, 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 CONTRACTOR shall take affirmative action to ensure that such discrimination does not take place and the CONTRACTOR shall ensure that the foregoing provisions are included in all subcontracts or contracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor. 6 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. It is 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 CONTRACTOR shall maintain original documents thereof for its records and for its future professional endeavors and provide reproduciblecopiesto the City. In the event of termination of the agreement, the CONTRACTOR shall cease work and deliver to the City all documents (including reports and all 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 for in a writing signed by the other party. 36. No Remedy Exclusive. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract or hereafter existing at law, 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 or for 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. 7 38. Access To Public Records. CONTRACTOR and all of its subcontractors are required to comply with the Florida public records law (s.119.0701) while providing services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 39. Notices. Any notices, reports or other written communications from either party shall be considered delivered when received by the other party or its authorized representative. Whenever notice shall be required or permitted herein, it shall be delivered in such a manner that there is written proof of delivery (including electronic, digital or other similar record that is capable of being produced) including but not limited to certified mail with a return receipt, hand delivery, e-mail, facsimile transmission or other type of transmission that provides a record of transmission and receipt. Certified mail shall be sent with return receipt requested and shall 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 City shall not be sufficient notice for any purpose unless a copy of the notice is produced with the official City Clerk's date and time stamp appearing upon it. Notices shall be delivered to the following individuals or entitles at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, Steven Alexander 6130 Sunset Dr. South Miami, FL 33143 E-mail: slexander@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 8 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 on Liability: No member of the governing body of the CITY, and no 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 shall be employed in the performance of this Agreement. 41. Unauthorized Aliens: The employment of unauthorized aliens by the Company is considered a Violation of Federal Law. If the Company knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub -contractors used by the Company as well. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 9 IN WITNESS WHEREOF, the parties have set their hands on the date set forth below their name. Witness: L v .3 4�,4 cC44:1 o ATTESTED: OWNER; MIAMI CONTRACTOR: LAZ FLORIDA PARKING, LLC By: 1, k Z" g wa� Christofl�lce B. Walsh Region President Dated: 9/4/2014 By. Steven Alexander l� City Manager Dated: I By Maria M. Menen ez, C l / City Clerk Dated: _ _ 7/7 l� Read and Approved as Legality and Execut)ia� By: f Fo , Language, :ere Esq. 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. RESPONSIMUTIES OF THE PARTIES Ow REspoNSIBIUTIEs: 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 are part of the scope. Refer to Exhibit #1 "Maps of South Miami Metered Parking Spaces." Over the last three fiscal years, the parking revenue is as follows: 2013/2014: $2,320,000 (Projected) 2012/2013: $2,151,268 2011/2012: $1,918,988 During fiscal 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. As a result of this deployment, the City anticipates reducing the monthly parking pay station cellular connectivity costs. Al the downtown parking pay stations are anticipated to be connected via Wi-Fi by September 30, 2014. The City will 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 City will provide striping for any on -street parking that it may develop or acquire in the future. 11 CONTRACTOR RESPONsiBiupgs: The CONTRACTOR's operation of the Parking System shall include conducting all necessary and proper services required for 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. CONTRACTOR shall attend meetings as the City shall request from time to time. The CONTRACTOR's management of the Parking System shall include financial, marketing and planning functions. The CONTRACTOR shall provide to the City: 1. A copy of the company annual financial audit on or before June 1t of every fiscal year. 2. 1 year, and 5 year strategic plans for the Citythat include operating and capital budgets on or before June a of every fiscal year. 3. An Annual rate study, to determine proper pricing for the Parking System on or before June 1" of every fiscal year, provided however that the City may require one additional strategic plan within the term of the Agreement; recommend and implement improvements to the operational procedures currently in place including marketing directed in part to increase parking usage of the Municipal garage and on 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 a physical damage and/or deterioration of the Parking Infrastructure on or before .tune 1st of every 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 on or before June 1" of every fiscal year. 7. Monthly report providing parking violations issued on or before the 15'' 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 a year; 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 its proposed Operations Program (Program), which shall include, among other matters, the operating budget, the capital budget, detailed information regarding a system of cost controls, hours of 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 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 as all books, and other documents upon request for a period commencing upon the execution of this Agreement and ending two (2) years following the expiration or termination of this Agreement. The CONTRACTOR shall 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 CONTRACTOWs 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 CONTRACTOR shall conduct a condition appraisal of the Parking System for any sign of physical damage and/or deterioration and issue a written report that is satisfactory to the CITY. CONTRACTOR MANAGEMENT SERVICES 1. Provide necessary management and supervisory staff sufficient to oversee the day -today 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 parking program. 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, accounting for, 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 as necessary. f. Monitoring parking program effectiveness, including recommended changes to meter locations. g. Maintaining a local 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 public inquiries about all facets of the parking program, in a 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. S. Off -Street Parking Any parking lots, or parking garages that may be developed or acquired in the future by the CITY will be included as within the scope of this Agreement to be serviced by the CONTRACTOR. 6. On -Street Parking 14 The CITY has regulated on -street parking spaces located throughout the City of South Miami. These on -street parking spaces may be changed from time to time, but at all times any such spaces will be included as parking within the Parking System and will be subject to the terms of this Agreement. Any on - street parking that may be developed or acquired in the future by the CITY will be included as within the scope of this Agreement to be serviced by the CONTRACTOR. 7. Staffing, Operational & Holiday Hours Throughout the term of this Agreement, the CONTRACTOR shall assign 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 CONTRACTOR shall be responsible. If at any time the CITY is not reasonably satisfied with the performance of any of CONTRACTOR's personnel, such personnel shall be promptly replaced by the CONTRACTOR to the reasonable satisfaction of the CITY. CITY and CONTRACTOR • agree that CONTRACTOR will provide enforcement services; Sunday — Wednesday; Thursday & Saturday; Christmas Eve & New Years' Eve; Thanksgiving, Christmas & New Years' Day; All other Holidays, regular staffing hours will apply 9:00 am-12:00 am (midnight) 9:00 am-2:00 am 9:00 am-6:00 pm No Enforcement Services 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, as an example. The CONTRACTOR shall apprise itself of such obligations and shall comply with all applicable terms and requirements related to its services. 9. The CONTRACTOR's performance shall at all times be subject to review and approval of the CITY, acting by and through its designated staff representatives. 15 10. IT IS UNDERSTOOD AND AGREED that CONTRACTOR is 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 or for any purposes hereunder, as having an "employee" status or as being entitled to participate in any benefits accrued by or given 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 Miami as may be required with regard to the services performed hereunder. 12. SERVICE LEVEL AGREEMENT (SLA) a) Monday thru Friday - A pay and display meter will not have less than a 6- hour repair time. A single space meters will be repaired within 24 hours. b) Weekends & Holidays - A pay and display meter will not have less than a 24 hour repair time. All single space meters will be repaired within 48 hours. MINIMUM QUA1JF1cA7n0NS OF CONTRACTOR ■ Must have experience in the design, installation and management of at least three (3) on -street contracts of similar size and scope as the City of SOUTH MIAMI for the last three (3) years at a minimum. ■ In addition to a local 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 is responsible for providing, at a 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 and coin counting and revenue processing equipment. ■ Purchase of related equipment deemed necessary to administer the program. ■ Installation and maintenance of parking meters. CONTRACTOR shall install, 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 and repair personnel. ■ Handle in an appropriate manner all customer service issues associated with the program. Provide weekly, monthly and annual reports as required by the City. ■ Any other services contained in the CONTRACTOR's proposal submitted in response to the City's Parking Management RFP. 17 ATTACHMENT "gr, 1. (a) Price Proposal as presented in the RFP response: Yr 1 2 3 4 5 5-YR TOTAL LAZ 213,156 218,485 223,947 229,546 235,285 1,120,419 (b) Price as negotiated and agreed to by both parties, which are the effective amounts for payment of this Agreement: Yr 1 2 3 4 5 5-YR TOTAL LAZ 203,008 218,485 223,947 229,546 235,285 1,110,271 The annual amount is paid on a monthly basis between October and September before the 15t' of every month. It is the responsibility of the Contractor to provide the City with a monthly invoice before the 5t' of every month. 2. Surveys were not completed as required in the previous contract and in a good faith effort; CONTRACTOR shall provide a donation to the City of South Miami, which will be used for the City's Fourth of July Annual Fireworks display in the amount of nine thousand ($9,000) dollars in the calendar year 2015. 3. CONTRACTOR shall provide at its sole cost; one (1) GEM Vehicle valued at approximately $14,500 for parking services provided in this 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 limiting its liability, the vendor, contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at 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, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for 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 or use of a motor vehicle; (g) claims for bodily injury or 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 in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 19 A. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. B. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim C.- Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed 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) Broad Form Property Damage (6) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. D. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability 20 and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed 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 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, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance including 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 a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.1 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as 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 a Bond, in a form 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 policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY, as well as contractual liability provision covering the Contractors duty to indemnify the CITY as provided in 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 AXII or better per A.M. Best's Key Rating 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 in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this document), which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (1} a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) (b) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), without first giving 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 accents and voluntarily incurs all risks 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 or on behalf of the FIRM. 22 B. The FIRM shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all 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 at all 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 kind or nature, including claims for injury to, or death of any person or persons and for the loss or 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 AGREEMENT or which arises out of or is concerning the use of CITY property or the service, operation or performance of any work that is being performed for the CITY or of any event that is occurring on the CITY's property. C. The FIRM shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or 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, or assigns, 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 and assigns shall be held liable or responsible for any claims, Including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the FIRM, CITY in no 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, or assigns, or anyone acting through or on behalf of them. E. The FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. 23 ' - E _ END OF DOCUMENT _ 24 i RESOLUTION NO: 7 0 -19 -15 3 4 2 A Resolution authorizing the City Manager to negotiate a multi -year contract with Republic Parking Systems, LLC/Lanier Parking Holdings, LLC for Parking Enforcement Management Services. WHEREAS, the City issued a Request for Proposal for "Parking Enforcement Management Services" on March 5, 2019; and WHEREAS, the solicitation closed on April 10, 2019 and two (2) proposals were received; 1. Laz Parking (Incumbent) 2. Republic/Lanier Parking WHEREAS, A selection committee reviewed each proposal and determined both Respondents should be interviewed by the Committee and completed Preliminary scores in accordance with the Evaluation and Selection procedures addressed in the RFP; and WHEREAS, at the completion of the interviews, the Committee scored and ranked the respondents after completion of the interviews and based on the total score, the committee is recommending the highest ranked respondent, Republic/Lanier Parking for the award; and WHEREAS, with respect to cost, Republic/Lanier Parking provided the lowest cost proposal over the five-year term of the agreement; and Republic/Lanier: $1,190,750 Laz Parking: $1,567,134 WHEREAS, the expenditure shall be charged Contract Parking, account number 001-1410-513-3459, effective October 1, 2019; and WHEREAS, the agreement with Republic/Lanier Parking will have an effective date of October 1, 2019 and shall have a term of three -years with one two-year renewal, at the discretion of the City Manager, for a total of five -consecutive years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to negotiate a multi -year contract with Republic Parking Systems, LLC/Lanier Parking Holdings, LLC for Parking Enforcement Management Services and shall have a term of three -years with one two- year renewal, at the discretion of the City Manager, for a total of five -consecutive years. 39 Page 1 of 2 Resolution No. 70-19-15342 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 21s' day of May, 2019. ATTEST: APPROVED: COMMISSION VOTE: 5-0 _ READ AND APPROVED AS TO FORM, LANGUA G LITY AND TION Mayor Stoddard: Yea HERE, Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea CITY A;(TORNEY Commissioner Gil: Yea 40 Page 2 of 2