Res No 048-23-15982RESOLUTION NO. 048-23 -15982
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND
ADOPTING WITH AMENDMENTS THE CITY'S
SCHEDULE OF FEES AND FINES ADOPTED AS OF MAY
2, 2023, SPEClFICALLY, AMENDING PARKING DIVISION
FEES BY ADDING DAILY VALET PARKING SPACE
RENTAL FEES FOR THE RED/BIRD ROAD AREA;
PROVIDING FOR IMPLEMENTATION; CORRECTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, on April 18 , 2023 by Reso lution No. 045-23 -15979, the C ity of South Miami
("City") Commission adopted the City's Sch edu le of Fees and Fines with amendme nts as of April
18,2023;and
WHEREAS, s taff recently condu cted an assessm e n t of Dai ly Valet Parking Space Rental
Fees in other municipalities, and wi s hes to c reate and add s pecific fees for the Red/Bird Road
Area, consisting of parking spaces located on S.W. 41st Street between S.W. 57th Avenue and
S .W. 58th Avenue; and
WHEREAS, the City Commi ss ion d es ires to approve and adopt, as of this date, specifi c
Daily Va le t Parking Space Renta l Fees fo r the Red/Bird Road Area set forth herein below; a nd
WHEREAS, the C ity Commi ssion des ires to approve and adopt t he Schedule of Fees and
Fines attached h ereto as Exhibit "A" as of this date w ith the aforementione d a m e ndme n ts and find s
that it is in the best inte rest of the C ity and its re s idents.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MlAMI, FLORIDA:
Section 1 . Recitals Adopted. The above-stated recital s are t ru e and correct and are
incorporated here in by this refere nce.
Section 2. Approving and Adopting the Sch edule of Fees and Fines with
Amendments; Daily Valet Parking Space Rental Fees for Red/Bird Road Area. The C ity
Commission hereby approves and adopts the Schedule ofFees and Fines attached hereto as Exhibit
"A " as of this d ate with t he following amendme nts :
PARKING DIVISION FEE SCHEDULE
Description Fee
** *
Dai ly Valet Parking Space Rental Fee $100
Daily Valet Parking Space Rental Fee -Red/Bird Road Area .LLl_
(S.W. 4\51 Street between S.W. 57 th Avenue a nd S.W. 58th Avenue)
Page I of 2
Res . No. 048-23-15982
Brunch/Lunch On ly (9 a.m. to 5 p.m.)
Dinn er On ly (5 p.m. to midnieht)
Va let Administration Fee per Va let App li catio n
* * *
Section 3. Implementation. The C ity Mana ger is hereby author ized to take any and
all actio n necessa ry to impl eme nt th e Schedu le of Fees and Fin es and t he purposes of thi s
Re so lu tion.
Section 4 . Correctio ns. Conformin g language o r tec hnical sc rivener-ty pe co rrect ions
may be m ade by the C ity Attorney for any confo rmin g amendments to be in corporated into the
final reso luti o n for s ignature.
Section 5. Severability. If any sec tion , c lau se, se ntence , or phrase of this Reso lution
is for an y reason he ld in va lid or uncon stituti onal by a court of com petent jurisdictio n, the ho ldin g
s ha ll not affect the va li dity of the re ma inin g portio ns of thi s Resol utio n.
Section 6.
adoptio n.
Effective Date. Thi s Re so lution s hall beco me effective im med iate ly up on
PASSED AND A DOPT ED th is 2nd da y of Mav, 2023.
ATTEST:
c~~
READ AND APPROV E D AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECU~F
WEISS SEROT A HELFM AN COLE
& BIERMAN , P .L.
CIT Y AT TORNEY
Mayor Fernandez:
Vice Mayor Bon ieh:
Co mmi ssio ner Ca ll e:
Co mmi ss ioner Liebman:
Co mmi ss ion er Co re y:
Page 2 of 2
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: May 2, 2023
Submitted by: Alfredo Riverol
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND
ADOPTING WITH AMENDMENTS THE CITY’S SCHEDULE OF FEES AND FINES ADOPTED AS OF MAY 2,
2023, SPECIFICALLY, AMENDING PARKING DIVISION FEES BY ADDING DAILY VALET PARKING SPACE
RENTAL FEES FOR THE RED/BIRD ROAD AREA; PROVIDING FOR IMPLEMENTATION; CORRECTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR BONICH)
Suggested Action:
Attachments:
Memo_Valet_Fee_5-23rv2.docx
Resolution Adopting City Schedule of Fees and Fines with Amendments (Valet_Fees)
Valet 15C (Code) as of 4-19-2023.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:May 2, 2023
SUBJECT:Changes to Valet Schedule of Fees for the Red/Bird Road Area (SW 41st Street
Between 57th Avenue and 58th Avenue
RECOMMENDATION:
The above referenced resolution is submitted for consideration by the Mayor and City
Commission, at the request of Vice Mayor Bonich.
BACKGROUND:
On November 3rd, 2009, the City adopted Ordinance 26-09-2018, adding a new section 15(C) to
the City’s Code entitled “Valet Parking Permits for Use of Public Property.” The Ordinance set
forth certain requirements on Valet Operators and provided that no valet parking shall occur on
public property without the operator securing a valet parking permit from the City.
Section 15C-1.(2)(a)provides Rental of Public Spaces for Ramping. The City shall rent to the valet
operator public on-street/curbside parking spaces that shall be used ONLY for the ramping of
vehicles. Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to
turn it over to or retrieve it from valet employees. Ramping shall only be operated in the public
on-street/curbside spaces provided for ramping. There shall be no storage of vehicles in the area
designated for ramping.
To maintain proper traffic conditions, the City requires that all valet operators obtain a minimum
of three (3) on-street parking spaces (bays) to make up a ramping area. As per the current City’s
schedule of fees, each bay is $100 for a total of minimum ramping area of $300 per day.
It is important to note, the recommended additional Valet fees are specific for the Red/Bird Road
Area and the current Valet per Bay fee of $100 for the remainder of the City will remain
unchanged.
The City’s Parking Division completed a study of parking programs within Miami-Dade County
that have valet programs.
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Below please find what each jurisdiction charges per space for bays and storage related
to Valet:
Jurisdiction
Cost per Bay
for Ramping
Cost per Space
for Storage
Admin Fee per
Application
City of South Miami per day
Bay per day $100
Storage Fee per month per Space No Storage Allowed
Admin Fee per Application $0
City of Coral Gables
Lunch Only (11 a.m. to 5 p.m.) $8
Dinner Only (5 p.m. to midnight)$9
Lunch and Dinner $15
Storage Fee per Space per Month $95
Admin Fee per Application $100
Miami Parking Authority per day
Bay per day $20
Storage Fee per Space per Month No Storage Allowed
Admin Fee per Application $50
City of Miami Beach
Bay per day $38
Storage Fee per month per Space No Storage Allowed
Admin Fee per Application $25 to $36
Based on the information obtained from the different jurisdictions, the City recommends
that the schedule of fees be revised to the below:
Jurisdiction
Red/Bird Road Area
(SW 41st St. between SW 57th Ave & SW 58th Ave)
Cost per Bay
for Ramping
Admin Fee per
Application
City of South Miami per day
Brunch/Lunch Only (9 a.m. to 5 p.m.) $10
Dinner Only (5 p.m. to midnight)$12
Lunch and Dinner $15
Valet Administration Fee per Valet Application $30
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FINANCIAL IMPACT:
It is difficult for the City to perform a financial impact, without a specific valet permit application
available to review, however, Finance does not forecast a significant negative financial impact on
parking revenues, based on the current number of parking spaces available to parking customers
on 41st Street. Furthermore, it is critical to note that the City reserves the right to grant or revoke
valet permits.
ATTACHMENTS:
Resolution
Chapter 15C - VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY
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(1)
(a)
(i)
1.
2.
3.
4.
5.
Chapter 15C - VALET PARKING PERMITS FOR USE OF PUBLIC PROPERTY
Sec. 15C-1. - Separate permit required.
The City of South Miami shall issue valet parking permits to valet operators who conduct their operations
on public property and who meet the requirements of this section. No valet parking shall occur on public
property without the operator securing a valet parking permit from the city. A separate permit is required
for each ramp location where valet parking services are provided. Valet parking permits shall only be issued
to operators who are licensed by the City of South Miami pursuant to this chapter.
Permits.
Requirements. No valet parking permit shall be issued without the proof of the following:
Approval from the city's risk manager indicating that the valet parking operation has
met the following insurance requirements:
Commercial general liability or damage liability insurance in the amount of one
million dollars ($1,000,000.00) per occurrence, and in the aggregate, and per
location covering bodily injury and property damage resulting from the valet
operators' activities connected with the handling of vehicles on public property.
This policy must name the city as an additional insured and provide that the policy
provides primary coverage.
Garage keepers legal liability insurance to provide collision and comprehensive
coverage for vehicles under control of the valet parking operation with minimum
limits of three hundred thousand dollars ($300,000.00) per location with a
maximum self insured retention (SIR) or deductible of one thousand dollars
($1,000.00).
All required insurance policies are to be issued by companies rated A or better per
Best's Rating Guide, and rated FPR 6 or better per Best's Vulnerable FPR Rating
Scale, applying the latest edition. The policies must provide the city with thirty (30)
days' written notice of cancellation.
Valet operators must submit a certificate of insurance and a certified copy of their
policies to the city's risk manager for determination that the insurance
requirements of this chapter have been met prior to the issuance of a permit and
upon request by the risk manager.
Each valet operator applying for a permit for use of public property shall execute
an agreement approved by the city attorney providing that the valet parking
operator shall indemnify, hold harmless and defend the city and its officers,
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(ii)
(iii)
(iv)
(v)
(b)
i.
ii.
(c)
i.
ii.
iii.
agents and employees against and assume all liability for any and all claims, suits, actions, damages,
liabilities, expenditures, or causes of actions of any kind arising from its use of the public streets or public
parking places for the purpose authorized in this section and resulting or accruing from any alleged
negligence, act, omission or error of the valet parking operation, its agents or employees and/or arising
from the failure of the valet operation, its agents or employees to comply with each and every requirement
of this section or with any other city or county ordinance or state or federal law or regulation applicable to
the valet parking operation resulting in or relating to bodily injury, loss of life or limb or damage to property
sustained by any person, firm, corporation or other business entity.
If incorporated, the valet operator shall provide a copy of a certified certificate of good
standing.
Notarized written authorization on company letterhead from the owners/operators of
the city-licensed commercial establishments for which the valet operator is providing
parking services.
Valid occupational license.
Identification of the location of vehicle storage space, and proof in the form of an
executed lease or rental agreement or notarized letter of authorization from the
owner of the property, which shall include the number of spaces authorized for use by
the valet operator, and term of the lease for storage space sufficient to service the
establishment for which the permit will be issued. The storage space obtained will be
reviewed for sufficiency by the city.
Term and renewal.
The term of each permit shall be for one year.
Renewal shall be on an annual basis and shall only be granted after approval from the
City of South Miami.
Cancellation and revocation. The city shall cancel and revoke the permit if the valet
operator no longer services the commercial establishment that authorized its operation
at that location. This cancellation and revocation may be effective whether:
The valet operator voluntarily discontinues service to the establishment;
The establishment cancels and revokes authorization for the valet operator to service
the location;
The city cancels and revokes authorization for the valet operator to service the
location. Cancellation and revocation of the valet permit by the city under any of the
above scenarios shall be effective immediately upon service of the notice of
cancellation. Under subsection (c) above, the city shall inform in writing the
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(2)
(a)
(b)
commercial establishment being serviced by the valet operator of the cancellation and revocation. Service
of the notice of cancellation and revocation shall be by hand delivery or certified mail, return receipt
requested.
Rental and operation of municipal parking spaces.
Rental of public spaces for ramping. The city shall rent to the valet operator public on-
street/curbside parking spaces that shall be used only for the ramping of vehicles.
Ramping of vehicles shall consist of allowing customers to enter or exit a vehicle and to
turn it over to or retrieve it from valet employees. Ramping shall only be operated in the
public on-street/curbside spaces provided for ramping. There shall be no storage of
vehicles in the area designated for ramping. A vehicle will be considered stored if it
remains in the ramping area for more than fifteen (15) minutes. This policy will be
modified after all establishments serviced by the ramp are closed for further business. At
this time the city may, at its own discretion, allow vehicles of remaining customers to be
parked on the spaces leased for ramping.
Ramping on public property shall not occur in any other location than the on-
street/curbside spaces provided for ramping. Any type of sign, structure or other type of
object used to identify the ramp shall not block leased spaces. Vehicle key lock boxes
used at the ramp location are not to obstruct pedestrian or vehicular traffic. Leased space
shall not be cordoned off with posts, chains or signage of any type except that approved
by the city indicating the designation of the rented valet parking area. At its sole discretion
and judgment, the city shall provide to the valet operator ramping space in close
proximity to the establishment being serviced, if sufficient spaces are available and if the
location is considered appropriate. If there is not sufficient space available for rental in
front of the establishment, the city shall lease spaces as close to the establishment as
possible. Ramping will not be allowed if the city determines, at its sole discretion, that it
would be an unsafe activity at that location.
Rental fees for public on-street curbside spaces. The fee for use of rented spaces shall be
set forth in the city's permit fee schedule ordinance. Fees shall be paid in advance on a
monthly basis, commencing on the date the locations are rented to the valet operator by
the city. Advanced payment for meter rentals shall not be made for a period exceeding
one (1) month. All additions or changes to existing leased public on-street/curbside
parking spaces for ramping, shall be paid upon request. All valet space lease requests
shall be required in writing to the city manager or his/her designee, twenty-four (24)
hours in advance, and received no later than 3:00 p.m., daily. Exceptions and lease
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(c)
(d)
(3)
(4)
(5)
(a)
(b)
(c)
(d)
cancellations not made within the prescribed period will be assessed a twenty-dollar processing fee. The
rental fee structure will be reviewed and may be adjusted periodically by the city.
Number of spaces leased for ramping. The amount of ramping spaces available to the
valet operator shall be determined by the frontage of the establishment being serviced
provided that there is sufficient public on-street/curbside spaces available for ramping, as
determined at the sole discretion of the city.
Subletting. Leased public on-street/curbside spaces may not be sublet.
Rental of additional parking for storage of vehicles for special events/program. Storage space
required for the operation of a valet service must be provided in parking lots. Facilities must
meet all applicable Code and Ordinance requirements of the City of South Miami. The city
may lease additional valet spaces for the storage vehicles for special events, special
programs, or at the request of the valet operator if the proposed valet storage does not take
away from public parking demand in the area. The fee for use of storage parking spaces shall
be based on a twelve-hour period at a rate of ten dollars ($10.00) per space/per day. Fees
shall be paid in full twenty-four (24) hours in advance of the special event or program.
Private storage of valet vehicles. Valet operators shall store vehicles on private parking lots
which are properly zoned and permitted as parking lots. The valet operator shall provide to
the city satisfactory documentation from the parking facility owner or management
company/agent authorizing the valet operator to use those facilities for the purpose of
storing valet parked vehicles.
Employees and valet operators code of conduct. The valet parking operator shall require its
employees and independent contractors to meet the following requirements:
All employees who operate motor vehicles shall have a valid Florida driver's license in
good standing and shall abide by all City of South Miami and Miami-Dade County traffic
regulations.
All employees shall be in similar uniform.
All employees shall wear on their uniform a name tag using printed letters of an easily
legible print size identifying the employee's name. Such tag must be placed in a visible
location such as the employee's chest.
All employees shall perform their duties in a courteous and professional manner.
Employees found by the city, at its sole discretion and judgment, to perform their duties
in a manner that is disruptive to the peaceful enjoyment of the surrounding
neighborhood or in a reckless or unprofessional manner, shall be cause for the city to
request the immediate removal of the employee from the valet operation. The city shall
issue a Valet Code of Conduct warning to the valet operator for any employee found to
perform his duties in a disruptive or discourteous manner. The valet operator will have
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(6)
(a)
(b)
(c)
(7)
(a)
(8)
(a)
thirty (30) minutes from the issuance of the warning to remove the employee from its operation for a
twenty-four-hour period. The employee may not be moved to any other valet location in the City of South
Miami. If the employee is not removed within the requisite thirty minute period, the city shall issue a Valet
Code of Conduct Violation.
Operation of service.
Identification of leased spaces. Leased spaces shall be so designated by the city as leased
parking areas. The designation shall be defined by bagged meters and/or clearly marked
signs installed on each meter post indicating the parking restriction.
Ramping. Ramping shall only be operated in the spaces provided for ramping. There shall
be no storage of vehicles in the area used for ramping. Ramping on public property shall
not occur in any other location than the public on-street/curbside spaces provided for
ramping. Ramping from a moving lane of traffic is strictly prohibited.
Storage. Storage of vehicles shall only be in private spaces or in leased municipal spaces
as provided by the city. Other than the leased municipal spaces, there shall be no storage
of vehicles on any municipal property whatsoever. The valet operator shall clearly identify
the vehicles in their possession during the entire period that the car is in their possession.
Identification shall be made through a ticket stub visibly placed on top of the dashboard
of the stored vehicle and shall state the name of the valet operator and identification of
the ramp from which the vehicle was retrieved. Ramp identification shall be made by
stating the name of the establishment which the ramp is servicing. Unauthorized storage
of valet vehicles in municipal parking facilities or at any public on-street/curbside parking
spaces is strictly prohibited and shall result in the issuance of a valet violation to the valet
operator in the amount of two hundred dollars ($200.00) per occurrence.
Exceptions.
Valet services operating for a special event may apply for a special event permit from the
city's manager office. Special event parking shall be restricted to any event occurring no
more than twice per year and lasting no longer than three (3) days in length. The special
event permit will allow the valet operator to request from the city, additional ramping
and/or storage space, if available, as long as it does not reduce the number of parking
spaces needed to serve the general public in the area of the request.
Enforcement fine schedule and right to appeal.
Enforcement. The city shall enforce the provisions of this chapter, including the Valet
Operators Code of Conduct. If a violation of this chapter is found, the city shall issue a
notice of violation to the violator. The notice shall inform the violator of the nature of the
violation, amount of the fine for which the violator may be liable, instructions and due
date for paying the fine, and notice that the violation may be appealed by requesting a
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(b)
(c)
(i)
1.
2.
(ii)
(iii)
hearing before the city's special master. Failure to appeal within ten (10) days after service of the notice of
violation shall constitute and admission of the violation and a waiver of the right to a hearing.
The following civil fines shall be imposed for each violation:
1. Operation without Valet Permit Immediate cessation of service and $250.00
2. Unauthorized/Illegal Ramping $150.00 per o ense
3. Unauthorized/Illegal Storage $200.00 per o ense
4. Penalty for Lapse in Required Insurance
Coverage
Immediate cessation of service and $150.00.
In cases where more than one day has
lapsed, $150.00 per day ne from date of
lapse.
5. No Name Tag $25.00 per o ense
6. No Uniform $25.00 per o ense
7. No Valid Florida Driver's License $25.00 per o ense/and immediate removal
of the employee from the valet operation.
Rights of violators; payment of fine, right to appeal; failure to pay civil fine, or to appeal.
A violator who has been served a notice of violation shall elect either to:
Pay the civil fine in the manner indicated on the notice; or
Request an administrative hearing within ten (10) days of receipt of the violation
before the special master.
The City of South Miami may institute proceedings in a court of competent jurisdiction
to compel payment of civil fines.
Additionally, a certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the personal property, but
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(iv)
(d)
(9)
shall not be deemed to be a court judgment except for enforcement purposes. After two (2) months from
the flag of any such lien which remains unpaid, the City of South Miami may foreclose or otherwise execute
upon the lien.
As an additional means of enforcement, the city will revoke the valet permit when
there are repeated violations of this chapter. Specifically, any two (2) violations issued
within a three-month period for the following operational deficiencies may result in
the revocation of the valet permit:
Unauthorized/Illegal Ramping;
Unauthorized/Illegal Storage.
Valet operator's responsibility for vehicles in their possession. Valet operators shall pay all
fines and a fee, including towing charges, arising in connection with a patron's vehicle that
is in the possession of the valet operator at the time the charge is incurred. This does not
preclude the valet operator from also being cited for violations of this section which
resulted in the imposition of the fines and fee.
Compliance date. All valet operators in the City of South Miami shall comply with this section
within thirty (30) days of its approval by the city commission on second reading.
(Ord. No. 2018, § 1, 11-3-09; Ord. No. 2057, § 1, 10-5-10)
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