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09-15-09 Item 4South Miami AII•AmedcaChy 1 r n p CITY OF SOUTH MIAMI 1927 OFFICE OF THE CITY MANAGER INTER— OFFICE MEMORANDUM zoos To: The Honorable Mayor, Vice Mayor and Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Matilde G. Menendez, Finance Directory S70 Date: September 15, 2009 Agenda Item: Oq Subject: Authorization to extend the month -to -month contract with Laz Parking. Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE CURRENT MONTH -TO -MONTH CONTRACT WITH LAZ PARKING FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Background: We are currently in the process of obtaining proposals from the companies selected during the request for qualifications process. However, the current month -to -month contract with Laz Parking expires on October 1, 2009. Recommendation: It is recommended that the City Commission authorize the City Manager to extend the current month -to -month contract up to one year with Laz Parking for municipal parking management services. Attachments: • Proposed Resolution • Copy of Second Month -to -Month Contract • Copy of First Month -to -Month Contract, expiring 10/01/09 • Copy of Original Contract, expired 10/01/08 'p, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE CURRENT MONTH -TO -MONTH CONTRACT WITH LAZ PARKING FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's month -to -month contract is scheduled to expire on October 1, 2009; and WHEREAS, the City is in the process of obtaining proposals from the companies selected during the request for qualifications process; and WHEREAS, Laz Parking is currently providing management services pursuant the existing municipal parking management contract; and WHEREAS, the City of South Miami has determined that it will be in the public's interest to extend the current contract for the period of one year and authorize Laz Parking to continue to promote, operate, and maintain the city's comprehensive parking system in order to permit city staff to complete due diligence and submit its recommendations to the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Commission approves and authorizes the City Manager to execute a month -to -month contract up to one year with Laz Parking for municipal parking management services. Section 2. This resolution shall take effect immediately upon approval PASSED AND ADOPTED this day of 92009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer: Commissioner Sellars: SECOND AGREEMENT FOR MONTH -TO -MONTH PARKING SERVICES MANAGEMENT FOR UP TO 12 MONTHS. This agreement is made and entered into this day of October, 2009 between The City of South Miami, a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 -5093 and Laz Parking, a Florida corporation, hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, the City after a competitive RFP process contracted for parking enforcement services; and, WHEREAS, the agreement provided for the Contractor to provide a comprehensive program for the administration, collection, enforcement, and maintenance of the City's parking meters, valet parking and decal parking areas; and, WHEREAS, the original agreement expired on October 1St, 2008; and, WHEREAS, in the interim a month -to month agreement for up to 12months was entered to by both parties; which expired on October 1 st, 2009; and, WHEREAS, the City desires to continue to use the services of contractor on a month -to -month basis until an RFP may issue, or a new long term agreement is negotiated; and, r WHEREAS, the City desires to engage and retain the services of Contractor to perform the work described in this agreement and Contractor desires to accept the month - to -month engagement; and, WHEREAS, Contractor continues to represent that it is competent, experienced, and able to provide this program. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this agreement, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1. WHEREAS CLAUSES 1.1 The above whereas clauses are incorporated and made a part of this agreement. 2. STATEMENT OF WORK 2.1 Contractor agrees to provide services as specifically described under the original agreement, which expired on October 1, 2008 and the first agreement, which expired on October 1, 2009. The scope of services, price term, conditions and for providing services, insurance requirements, termination provisions, etc., that are contained in that expired agreement are incorporated by reference into and made a part of this agreement as exhibit A. However, if any provision of this month -to -month agreement conflicts with the terms and conditions of exhibit A, the terms and conditions of this agreement shall prevail. 3. COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date of this agreement and continue on a month -to -month basis for up to 12months. 4. SEVERABILITY 4.1 Should any paragraph or any part of any paragraph of this agreement be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or enforceable any other section or part of any section of this agreement. 5. ENTIRE CONTRACT 5.1 The agreement, when signed by all of the parties, constitutes the full and complete understanding and agreement of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This agreement and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previsions agreements or understandings, oral or written, between the parties. In the event of any conflict, the terms of this agreement will govern over the provisions of any incorporated documents. 6. WARRANTY OF AUTHORITY 6.1 The signatories to this agreement warrant that they are duly authorized by action of their respective City commission, board of directors or other authority to execute this agreement and to bind the parties to the promises, terms, conditions, and warranties contained in this agreement. 2 7. MISCELLANEOUS PROVISION 7.1 In the event a court must interpret any word or provision of this first addendum, the word or provision shall not be construed against either party by reason of drafting or negotiating this first addendum. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executes this agreement as of the date first above written. The City Of South Miami Laz Parking, Contractor W. Ajibola Balogun, City Manager ATTEST: CITY CLERK By: Maria Menendez 3 i President RESOLUTION NO.: 158 -08 -12755 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXTENDING THE CURRENT CONTRACT WITH LAZ PARKING FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami's current parking management contract is scheduled to expire on October 1, 2008; and WHEREAS, the city is currently evaluating several parking systems and equipment prior to making recommendations for changes to the city's comprehensive parking system; and. WHEREAS, Laz Parking is currently providing parking management services pursuant the existing municipal parking management contract; and WHEREAS, the City of South Miami has determined that it will be in the public's interest to extend the current contract for the period of one year and authorize Laz Parking to continue to promote, operate, and maintain the city's comprehensive parking system in order to pennit city staff to complete its due diligence and submit its recommendations to the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1: The city commission approves and authorizes the city manager to execute a exe year- month -to -month contract up to one Year with Laz Parking extension —to the euaTczt agreemext for parking management services. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16`' day of September 2008. CITY CLERK ' PROVED: Z YESM61111 COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Beckman: Yea Commissioner Palmer: Yea Additions shown by underlining and deletions shown by everstrl So u r y South Miami a� �r g P •AmtficaChv . H IRCORPORA7ID • CITY OF SOUTH MIAMI 7927 P OFFICE OF THE CITY MANAGER t ° sYp INTER- OFFICE' MEMORANDUM zoos To: The Honorable Mayor & Members of the City Commission From: W. Ajibola Balogun City Manager Date: September 16, 2008 Agenda Item No.: Subject: One Year Extension for LAZ Parking Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH ' MIAMI, FLORIDA, RELATING TO EXTENDING THE CURRENT CONTRACT WITH LAZ PARKING FOR THE PROVISION OF MUNICIPAL PARKING MANAGEMENT SERVICES, PROVIDING AN EFFECTIVE DATE Reaso I eed: Our current parking management contract with Laz Parking is scheduled to expire on October 1, 2008. As you know, we are currently evaluating several parking systems and equipment prior to making recommendations for changes to the City's comprehensive parking system. So, since Laz Parking is currently providing parking management services pursuant to the existing municipal parking management contract, we are recommending a one year extension to the current�contract_ Cost: N/A Funding Source: N/A Backup Documentation: ® Proposed Resolution 0 Existing Agreement AGREEMENT FOR MONTH -TO -MONTH PARKING SERVICES MANAGEMENT FOR UP TO 12 MONTHS. This agreement is made and entered into this day of October, 2008 between the City of South Miami, a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 -5093 and Laz Parking, a Florida corporation, hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, the City after a competitive RFP process contracted for parking enforcement services; and, WHEREAS, the agreement provided for the Contractor to provide a comprehensive program for the administration, collection, enforcement, and maintenance of the City's parking meters, valet parking and decal parking areas; and, WHEREAS, the current agreement expired on October 1St, 2008; and, WHEREAS, in the interim, the City desires to continue to use the services of contractor on a month -to -month basis until an RFP may issue, or a new long tenn agreement is negotiated; and, WHEREAS, the City desires to engage and retain the services of Contractor to perform the work described in this agreement and Contractor desires to accept the month -to -month engagement; ,and, WHEREAS, Contractor continues to represent that it is competent, experienced, and able to provide this program. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this agreement, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1. WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this agreement. Page 1 of 3 2. STATEMENT OF WORK 2.1 Contractor agrees to provide services as specifically described under the prior agreement, which agreement expired on October 1, 2008. The scope of services, price term, conditions and for providing services, insurance requirements, termination provisions, etc., that are contained in that expired agreement are incorporated by reference into and made a part of this agreement as exhibit 1. However, if any provision of this month -to -month agreement conflicts with the terms and conditions of exhibit 1, the terms and conditions of this agreement shall prevail. 3. COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date of this agreement and continue on a month -to month basis for up to 6 months. 4. SEVERABILITY 4.1 Should any paragraph or any part of any paragraph of this agreement be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this agreement. 5. ENTIRE CONTRACT 5.1 The agreement, when signed by all of the parties, constitutes the full and complete understanding and agreement of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This agreement and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous agreements or understandings, oral or written, between the parties. In the event of any conflict, the terns of this agreement will govern over the provisions of any incorporated documents. 6. WARRANTY OF AUTHORITY 6.1 The signatories to this agreement warrant that they are duly authorized by action of their respective City commission, board of directors or other authority to execute this agreement and to bind the parties to the promises, terms, conditions and warranties contained in this agreement. Page 2 of 3 70 MISCELLANEOUS PROVISION T ' In the event a court must interpret any word or provision of this first addendum, the word or provision shall not be construed against either party by reason of drafting or negotiating this first addendum IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this agreement as of the date first above written. The City of South Miami Laz Parking, Contractor W. Ajibola Balogun, City Manager ATTEST: CITY CLERK OaMenendez Page 3 of 3 EXHIBIT A LAZ PARkWiGs LTD. 15 ISEWR'S STREET HARTFORD, CT 08103 June-721,2006 Ronald Stroyne, President Stroyni: *S. South. Inc: 7322 S. -W. de Street; - Wiami; :FL 33143?713.. Re: Purchase of All of the Outstanding Stock ofStrayne Bros. South, Itc. Bear Mr. Stroyne: This letter shall set fartb the blinding agreement (the "Agreement') between Ronald: Sir *y C Stsoyne','j to se11, _ and' L : Parking, Ltd„ or one of its wholly -o*ned subsidiaEie& (c otlecfively "LAZ "�. to �ujzhase all of the outstaiiding- stock of Stroyue Bros. South, Inc. (the "Companyi. 1:t is bur understanding that we've agreed as follows: 1.. )pitricl%gse and Sale. Stroyne agrees td still and LAZ agrees to purchase . _. ..: . fmiii; u alIie oafstaiistock zb the`Con party for'Okie znd`W100tlts 3.7r�lIar (S1.t70). ' 2: Tignster of Stock. Stroyne agren that the transfer of his stock shall'-be free and clear f.—OU' liens, claims and encumbrances and that he and his successors an assigns agme to warrant aitd defend LAZ and its successors and assigns from and against any and all liens. Claims and emurnbranges, whatsoever. -Yi hr'snee:: -. Abb r the Closing, . arid for as long: as the Co rngany ,half •rg2ititaut it:fi extSUng` °cuiftraat''vvith the 'City`bf SoU$ `hiiai4i'=for parking services;• LAZ shalt cause the Company. at its sole cost and expense to continue to maintain health insurance far Roixald Stroyne. Stcoyijo shall also be entitled to monetary cozmpemdoa on a case by case basis in the foim of a bonus, dependent upon the profitability of tht Compaizy. The amount of the bonus and the payment thereof (monthly, annually_ etc.) 9611 be determined solely in the discretion of LAZ. 4. Ci. osinn. ne'closing (the "ClosinS") of the transaction wntempiated by this Agreeutezit shall occur no later than Friday, June 30; 2006. • At the elating, Stroyne shall execute and deliver to LAZ the following: (i) a.stoak power endorsed in blank in the form attached hereto as Schedule 4(1); - (ii) -Iris original stock certificate; (iii) his resignation as an oticer and director of the Company; (iv) all original leases, seNice contracts and agreements affecting the Company, (v) a list of employees and their present compensation, accrued sick troll and vacation days; (vsj w 'brigiriat checkbook with chocks and appropriate signaft" cards; i (vii) ail books and records ofi the Company, including but not larnited to its minute book, rax retutm, lY.tcancial inform flon,.etc.; and (viii) such other documents or ' trumeats as may be reasonably necessary to accampliih the transaction .contemplated ` hereirt; ' its corporate offices, all keys; pass codes, etc- Re 2res66t&ti6no.nnd WarraaCies. Stroyne represents and warrants to LAZ as td the' following tnaiters, all• of which shall be deemed to be remade as of the Closing. The truth grid accuracy of each of the fallowing representations and warranties shall be conditions precedent to LA2's condition to close: (i) Stroyne Bms. South, I=. is a corporation duly organized, 'i alidlyexisf g and. in, good,standing. under the laws of the State of Florida; (u) Stmyne has the full . power, tight and authority to miter into and perform his obligations under this Agreement. The execution, delivery and performance of this Agreement by Stroyne has been duly and properly authorized by all proper action and is in accordance with ail applicable laws and any and all bylaws and other documents affecting the Company, (iii) Stroyne is the owner of the stock, the stock is free and clear of all liens, claims and encumbrancm lather than Stock Certiftcaze Number „_„_ repr+esenting shares of the 2 common stock of the Company, there are no other stack certificates issued andlor outstanding, (iv) Stroyne has received no written notice of any -pending litigation with respect to hiinseif; the Company or ady of the Company's property which would affect ha;nself, the Company, or the Company's property; (v) There is tto pending or threatened litigatiou, arbitradiort, id unistrative' action, examination, claim or demand -- ,aliatsoaver relating to himself, the Company, or: the Company's property, No auachmerus, execution proceedings, Hem, assignments, or insol cy.proceedings are pending or threatened against Stroyne, rite Company, or . any_ofthe Company's property; (vi) Stroyac her received no written notice from any Zovernanental authority of any material uralation of any state or federal lase,. rule, or regulation or agreement concerning the Company, including btfi not limited to, the Company's property, its taxes or its employees; (vii) Stroyae has riot received any written s otice of any violation o f mad knows of no violation of any employee law, ordinance; code, or other applicablc state, county, city or federal lase with respect to the Company, including but -aot: limited to tha Company's property; (viii) Attaei ed hereto as Schedule 6(viii) is a list of all of the employees of the Company as of the date hereof, together with- all vacation pay, sick. days and any outer amounts 'titre axed owing -to ftGh of said employees. Saab o£.said employees. hn been paid through the date 'of Closing. There are no amployrnent agreements with any of the employees; . (ix) The Company's tax reh=, both state apd federal have been filed through December 31, ZQt)5. The Company has not received any notice of deficiency or audit, from any federal, state or heat authorities with regard to any of its tax returns; (x) The Company's quarterly report for wage repotting has been filed through the quarter eading 3!31/06. Tire Company's quarterly reports (both state and federal) are all current and the Company is under no order or Investigation. with regard to any of its quarterly filings; (xi) Attached hereto as Schedule 6(xi) is a true and correct listing of all dents, IiabiIities and other obligations of the Company. All of said debts and obligations are. ciwrettt, and none are past due; (Xii) Attached hereto as Schedule 6(xii) is a true and correct copy'of all of the assets, contracts, service agreements, and _ acc =ts receivable. of die' Cotnpaay,. All of the accounts receivable are current (i.e. payable within. thirty .days); (xiii) All tmarieial- information previously supplied to LAZ is true and correct is all material respects and does not ornit to state any material fact the omission df which would be misleading; • (aiO The executioc and delivery of the stock and the consummation of the u.tttsaction conteruplated herein will or violate or result.: in the breech..of -or. ...... , ... default uredeir any oral or written. agieertieut to -which. Strayne, or the Company is a patty or which af%ats . any of its property or agreements; (ii) constitute or 'resuht in a violation of any order, decree or injunction with respect to which Stroyne, the Company or any of its property is bound; cause or entitle any party to have a right to accelemic -or declare a default under xny: oral or written agreemnst to which gtroyne or the Company its a party or wbiali affects any of its property; and/or (iii) violate any _ provision of any municipal, state-or federal taw. statutory or otherwise. to which Stroyne or the Company is or may be subject; and (xv) The entering into of this Agreement and the consummation of the sale of the stock hereunder will not require Stroyne or the Company to obtain (either before 'or after Closing) any consent; - license, perEnit, waiver, approval, antltorization or other action of, by, or with respect to any non - governmental or governmental person or entity. 7. Closing of the Books. All income and expenses of the Company shall be allocated to Stroyne up to and including mute 30, 2006_ CoMmencittg July 1, 2006• all Company income and expenses shall be allocated to LAZ. 4 Stroyna and its accountants shall cooperate with LAZ and. its accountants in connection' w ith the Closing of the books and filing of all approp; late tax returns. S. Track LAZ shall, after the Closing, continue to cause the Company to make payments on the Company truck so that it may be utilized by the eriiployees of the Company in connection vAth the Company. business,' 9. Gadernsi#icattan. Stroyne does hereby personally inderenify LAZ from arty and all claims, causes of action, etc, pertaining to the Company and its stoplc; especially in. connection.with.any misrepresentations or warranties. . Th �' indemraifFCatiorishail 'survivetlt6Glosin� - ' The indemnifications contained in this Agreement shall be subject to the following provisions: the indemnitee shall notify in.deranitor of any such claitrr'against indemnitee within thirty (30) days aft it has written notice cif such claim, -but failure ' notify indetnn' for shall in no' case prejudtcc. the rights- of indemnitee. under this Agreement. finless indein0or shall be p0judiped by such. fxiltire and then only to the Went of such pre judice. Sltogld indemnitnr fail to :discharge. or undertake to detend indetxusitee against such liability within fliieen (I5) business days after the- 'ftide=itee gives the iadeainitor ,;O+ iiien- notice of tht game, then: ittdezxmitee._ mays, setile such.: liability, aril indetniritor's liability to - .__ .... . .....: ... t:. iztdemtiitee shall be conclusively bushed b' such settIetntrrit the at3tflurit of such liability to- iticlude both the settlement consideration and the reasonable costs arid expenses, including attomeys' fees, incurred by indemnitee iti affecting such settlement, The obligations sek forth ht this Section shall survive the Closing or earlier termination of this Agreement. 1'0. Yj Modlficat6an. This Agreement small not be modified-or.amended except: in a written doaumeist signed by Stroytte and LAZ. I believe the above sets forth our understanding with regard to the subject matter hereof if so, please kindiy'evidence so by signing in the appropriate place provided below and on the coutrterpart•Ori final of this letter agreeinerrt, retaining one original for your records and retuning the other original to us for our records. Very truly yours. LAZ p , L�'D. By: 5 G Accepted attd Agreed to Dated: /r -C J,(/j V- L-,- d Stroyne G:'A csVWR%AZ N&m$ 0*4 =oWLAZ Pukft E444 SUOPe Ur AVm"L 6*26-"- 6 0 i Ad 0 U Q i a i t9s 0 t M • °o R V.1 a 6 fi K 47-- w m Z y uw � IL .0 o S U r u y • © � M �1.r a �Tj a o. 11 0 W VJ O v M IF p ..6d L7 4� v7 � A'i w O d t V.1 ,L fi H 47-- � b o �Tj p-k 11 0 p ..6d L7 4� v7 ^• rd C3 p 7. C3 `� W • e to m .}, n a• �, sP °• c v h � � O O k � ° D l { CONTRACT BETWEEN CITY OF SOUTH MIAMI AND STROYNE BROS. SOUTH, INC. FOR PARKING SERVICES MANAGEMENT. This contract is made and entered into this day of September, 2003 between the City of South Miami, .a Florida municipal corporation, located at 6130 Sunset Drive, South Miami, Florida 33143 -5093 and Stroyne Brothers South Inc. located at 7822 SW 66 Street, Miami, Florida 33143, a Florida corporation, hereinafter referred to as "Stroyne ". WITNESSETH: WHEREAS, the city conducted a competitive RFP in order to contract for panting enforcement services, which RFP, by this. reference is incorporated into and made part of this contract; and WHEREAS, the city is desirous of engaging a company to provide a comprehensive program for the administration, collection, enforcement, and maintenance of the city's parking meters, valet parking and decal parking areas; and ::....: WHEREAS; • city desires to engage • and. retain the sei-vides of Stroyne '.td . perform the work described in this contract and Stroyne desires to accept the- engagement; and, WHEREAS, Stroyne represents that it is competent; experienced, and-able to provide this program. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. I. WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this contract. 2. STATEMENT OF WORK 2.1 Stroyne agrees to provide services as specifically described, and under the scope of service set forth in pages two and three of the RFP, which Page 1 of 19 by this reference is incorporated into and made a part of this contract. 2.2 "Stroyne i'a` gree s �. . to, .provide d comprehensive program for the , - — 91iitioh , ­8Z ec ti o n ;:` e n ibrcement, and: jiAift& -fWalf parking meters, sikff I - ' . - 6§,``Va et'mpg, an eca I par kmg areas , -the " ci ty. i ' and parking ' i Maintenance and installation of parking meters, meter posts, an sign faces shall be on a scheduled, proactive basis. Stroyne will perform new, individual meter installations of new, entire parking areas. The cost of these new or additional installations (parts & labor) will be billed to the city separately by Stroyne. The city shall furnish and/or reimburse Stroyne for the cost all direct materials or parts used in the maintenance program. The specific requirements of enforcements (including valet) program are stipulated in exhibit 1, and 2. Meter maintenance and general field maintenance requi ' rements are provided in exhibit 3. Valet enforcement and restricted residential areas shall be conducted in accordance with the respective city's ordinances. All meters shall at all times remain the property of the city. 2.3 Stroyne guarantees to provide city 160% of all parking meter revenues for the 750 meters (subject to change) currently owned by the city. The collection will be the responsibility of Stroyne. He shall collect the meter boxes of the most heavily used meters no less than two times a week. 114 ase an "install additional par ing meters with prior written approval of the city manager. Any new meters. become the property of the city at the end of this agreement. The meters are to be in operation from 9:00 AM to 12:00 midnight, 7 days a week, or as otherwise designated by the city. The meters will be enforced on some national holidays as designated by the city. 2.5 '` TlW"6itYffd9drvesthd '6ght--.; as, a-policy decision, to alter: the e Gi We time'6hd., tha;, days,-.: that the,, rneters,-. are. enforced.-- Sliduld! th ' tyma such a decision,,....both-,,� pprtipss-,wiJl-. 4 negotiate any . changes in - enforcement or - revenue div si'OioFds`dTd§uIt- bf the chang6s'.- 2.6 Stroyne agrees to operate the parking meters 7 days per week to provide minimum overage of 91 weekly hours of schedule coverage with a minimum of 1 enforcement officer and 29 weekly hours of coverage with a minimum of 2 officers. The breakdown of these weekly enforcement coverage hours is provided in exhibit 1. 2.7 Stroyne agrees to follow an enforcement schedule similar to the one presented in exhibit 2. Planned changes to the schedule for any month Page 2 of 19 need to be forwarded to the city-manager or his designee at least 5 business days prior to the start of the month. The changes should be clearly indicated on the schedule sheet for the month. 2.8 Stroyne agrees to furnish the city with monthly enforcement productivity reports (gap report) summarizing enforcement citation output for each enforcement officer during all. shifts. The report must demonstrate a daily breakdown by enforcement officer and the time- sequence citation output throughout each shift. A copy of the report (gap report) is to be maintained on an annual basis for the city's review at their request. Exhibit 5 provides a sample of the report. 2.9 Stroyne agrees to maintain and furnish upon request a monthly maintenance activity reports summarizing all work completed during the previous month. The report's are to be completed no later. than the 5h day of each month.. Exliibit 5 provides a blank form for the report. 2.10 All revenues generated as a result of fines and forfeitures shall belong to the city. Stroyne shall not receive any remuneration, cash revenues, cr6dit or any form of compensation from violations, nor shall any quotas i or goals be fixed, placed, or planned. = 2:11 Stroyne warrants chat all parkin or other materials supplied shall be of good quality, ' free from faults and defects, fit for purposes intended and shall be warranted as to service parts for a period of one year from installation. 2.12 Stroyne represents and warrants to the city that it possesses all qualifications, licenses and expertise required for the performance of the services listed under this section; that Stroyne is not delinquent in the payment of any sums due to the city; all persons assigned to perform the services identified in this section are and shall be, at all times during the term of this contract, fully qualified and trained to perform the tasks assigned; and that services will be performed as directed in the RFP. 2.13 Stroyne agrees to allow for 100% - auditing of all meter revenues by the city during the life of contract. The city's right to audit hall extend for a period of 120 days beyond the termination of this agreement. Additionally, a schedule of revenue collections shall be submitted to the finance director no later than the 1St of each month. One city employee shall be present during the collection process, bagging, and bank delivery. A copy of each deposit slip shall be submitted to the finance director by Stroyne. Page 3 of 19 2.14 Precaution shall be exercised at all times for the protection of persons and property. Stroyne and his subcontractors shall conform to all OSHA, state,' county, and city regulations while performing under the terms and conditions of this contract. Any fines levied against Stroyne due to Stroyne's inadequacies to comply with these requirements shall be bome solely by Stroyne. 2.15 Stroyne shall, at the time of executing this contract hold a valid occupational license issued by the federal, state or county qualifying Stroyne to perform the work proposed. If a subcontractor(s) is employed, an applicable license issued to the subcontractor(s) shall be submitted along with Stroyne's certificate prior to the starting of work; provided, however, that the city may, at its sole discretion and in its best interest, allow Stroyne to supply the certificate to the city during the fist week of work. 3. COMMENCEMENT DATE-AND TERM - 3.1 The tern shall commence upon the date of this contract and expire upon the earlier of October 1, 2003 or the acceptance of full performance by the city. _ :........_.- ._. 3.2 The contract may be extended for three one -year extensions, unless cancelled by either party with 90 days prior written notice. 3.3 The city reserves the right to renegotiate the -terns of the contract annually. In exchange for the two -year agreement and 3 one -year extension provis'i'on, Stroyne guarantees that the city will receive 100% of all meter revenue. 4. PAYMENT 4.1 The city shall pay Stroyne the sum of $17,461.67 -por month. The amount shall be a fixed price. 4.2 The city shall not be liable to pay, and shall not pay, charges for extra work, delay charges, or additional work, unless the city's contract officer specifically authorizes the extra or additional work, in a written task order before the commencement of the work. Page 4 of 19 J 5. TRANSFER AND ASSIGNMENT 5.1 None of the work or services under this contract shall be subcontracted unless Stroyne obtains prior written consent from the city. Approved subcontractors shall be subject to each provision of this contract and Stroyne shall be responsible and indemnify the city for all subcontractors' acts, errors or omissions. 5.2 Stroyne shall not assign, transfer or pledge any interest in this contract without the prior written consent of the city; provided, however, that claims for money by Stroyne from the city under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the city's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by Stroyne to the city. 6. MODIFICATIONS — CHANGE ORDERS 6.1 :TYie: ci -iixa i'at " :tune={: ii' wiritteri`chari e`:" order' make;: f`charige`sYto the. scope'• of wo "rk�`;aiidr,to;, a "means'aiid'metho "ds "'of; "performing the .a.workl The city may order iemporary stoppage of the work or delay in performance that does not alter the scope of work. Changes, including any increase or decrease in the ' aizi6unt of Stroyiie's cozriperisatiori; ' shall be incorporated in written amendments to this contract. 6.2 If any change causes an increase or decrease in the price charged, the maximum amount of the contract, or the time required for performance of any part of the work under this contract, or otherwise affects the conditions of this contract, the city shall make an equitable adjustment to the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the contract with a written change order. 7. TERMINATION FOR DEFAULT 7.1 Either party may terminate this contract prior to the expiration of the initial term or .any subsequent renewal term on account of a material breach of this contract by the other parry, which has not been cured within 10 days from the date of receipt of written notice of breach from the party seeking termination. 7.2 Termination shall be effective as of the end of the notice period in the case of any uncured material breach. Page '5 of 19 7.3 Stroyne may terminate this contract prior to the expiration of the initial terra or any subsequent renewal term upon not less than 30 -days prior written notice to the city in the event that Stroyne is unable to complete the services identified in section 2 due to causes beyond Stroyne's control. 7.4 The city shall have no liability to Stroyne for future profits or losses in the event of termination for default. 7.5 The rights and remedies of the city provided in this provision shall not be. exclusive and are in addition to any other rights and remedies provided by law or under this contract. 7.6 Should Stroyne provide the city with written notice of cancellation of contract, Stroyne will be required to refund a pro -rata share of the compensation identified in section 4, above. 8. TERMINATION FOR DELAY. 8.1 If the project is suspended or Stro ne's services are delayed by the city for more than 30 consecutive days, Stroyne may terminate this contract by giving not less than 10 days written notice. 8.2 The liability �of the city upon termination by Stroyne for suspension or delay of the project shall be for the value of services performed pursuant to the schedule contained in the statement of work rendered by Stroyne to the time of termination by Stroyne. The city shall not be liable for future profits or losses. 9. TERMINATION FOR CONVENIENCE 9.1 The city may terminate this contract for convenience at any time by giving 10 days notice in writing to Stroyne. Stroyne will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Stroyne will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The city shall not be liable for future.profits or losses. 9.2 In the event that the city improperly terminates the contract for default under paragraph 7, the termination shall be deemed a termination for convenience under this paragraph. Page 6 of 19 V 10. TERMINATION FOR LACK OF FUNDS 10.1 Not withstanding any other provisions of the contract, if the funds anticipated by the city for the payment of work under this contract are at any time not forthcoming, through the failure of the city to appropriate funds, the failure of Miami;-Dade County, the Florida Legislature, or, the U.S -. Congress to appropriate funds, or the refusal of the administrative branch of the federal or county government to release funds, or due to any other reason for the unavailability of funds in succeeding fiscal years, or the discontinuance or material alteration of the program under which funds are to be provided, the city shall have the right to terminate the contract without penalty by giving not less than 10 days written notice of the lack of available funding. 10.2 In the event the city declines to appropriate funds for payment of the contract for future f seal years, Stroyne shall be paid for work performed under the contract with funds that are appropriated for the current fiscal year. The liability of the city to Stroyne shall be limited to the obligation to budget and appropriate funds for work performed during the current fiscal year. 10.3. For any portion of the work that is funded by co; ty, state or federal appropriations or grants, the liability of the city to Stroyne shall be limited to payment for services when payment is received by the city from the county, "estate 'or federal witho"fity. Th "city shall submit -all required documents requesting payment withiri a reasonable time. The city shall not be liable to Stroyne for work performed in the event that payment is not .received by the city from a county, state or federal funding authority. This is a pay -when -paid clause. 11. RIGHT TO WITHHOLD 11.1 If work under this contract is not performed in accordance with the terms hereof, the city has the right to withhold any payment due to Stroyne, of any sums as the city may deem sufficient to protect it against loss, or to ensure payment of claims, and, at its option, the city may apply the sums in the manner as the city may deem proper to secure itself or to satisfy the claims. The city will provide Stroyne with 10 days prior written notice in the event that it elects to exercise its right to withhold under this paragraph. 12. . INTEREST PAYMENTS DUE TO LATE PAYMENT 12.1 The city shall make payment to Stroyne within 30 days of receipt of the original written invoice and sufficient backup documentation and acceptance of the work by-the city. Interest shall accrue on unpaid invoices as provided by section 218.74, Florida Statutes. Page 7 of 19 12.2 Contractor shall not be entitled to any carrying charges or finance, fees due to late payment by the city. 13. LIENS 13.1 Stroyne, subcontractors, suppliers and laborers are prohibited from placing a lien on city's property. 14. INDEPENDENT CONTRACTOR 14.1 Stroyne is furnishing its services as an independent contractor and nothing in this contract shall create any .association, partnership or joint venture between the .parties, or any employer- employee relationships. 15. INSURANCE AND INDEMNIFICATION 15.1 The city shall not be held liable or responsible for any claims which may result from acts, errors or omissions of Stroyne or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or acts of Stroyne, the city in no way assumes responsibility or liability for the acts, errors or _...:.:::..,.- omissions of-Stroyne orsubcontractors .._...:.._............... :.::,: <.:,:..:....... 15.2 Stroyne shall not commence work under this contract until it has obtained all insurance required by the city. Stroyne shall defend, indemnify and hold the city harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent -act, error, or omission or misconduct of Stroyne, or Stroyne's subcontractors, suppliers and laborers incident to the performance of Stroyne's services under this contract. Stroyne shall pay all claims, losses, fines, penalties, costs- and expenses of any nature Whatsoever resulting from its intentional misconduct or negligence. 15.3 Stroyne shall maintain during the term of this contract the following insurance: A. Automobile liability insurance should cover owned, non- owned and hired automobiles with combined single limits of at least $1,000,000.00. B. Comprehensive general liability insurance with broad form endorsement, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and Page 8 of 19 personal injury and property damage liability with at least a combined single limit of $100,000.00 per person and $200,000.00 per occurrence for bodily injury and property damage liability. The policy or policies shall name city as additional insured and shall reflect the hold harmless provision contained herein. C. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or heteaiier amended.. D. The policies shall contain waiver of subrogation against the city where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the city. may have. The city reserves the right 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. E. All insurance policies required must be written by a company or companies rated at least "A" as to management and at least "Class X" as to financial strength in the latest edition of the Best's Insurance Guide, published by Alfred M. Best Co., Inc., Fulton Street, New York, New York, and qualified to do business under the laws of the :_ .. fate S . of Florida. _.- :�.... , .. , ......,..,. :. . F. The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially changed without 60 days advance written notice to the City of South Miami. Written notice shall be sent to Director of Finance, at the above address: City of South Miami To the Attention of the Finance Director 6130 Sunset Drive South Miami, Florida 33143 -5093 H. Stroyne shall furnish certificates of insurance to the city prior to the commencement of operations. The certificates shall clearly indicate that Stroyne has obtained insurance in the type, amount, and classification as required for strict compliance with this paragraph. 15.5 Compliance with the foregoing requirements shall not relieve Stroyne of its liability and obligations under this contract. Page 9 of 19 I . 16. EQUAL EMPLOYMENT OPPORTUNITY follows: 16.1 During the performance of this contract, Stroyne ' agrees as A. Stroyne shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation or national origin. B. Stroyne shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual_ orientation or national origin. Such action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. C. Stroyne shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the contracting officer that explain this clause, D. Stroyne shall, in all solicitations or advertisements for employees placed by or on behalf of Stroyne, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation or national origin. E. Stroyne shall send, to each labor union or representative of workers with which it has a collective bargaining contract or other contract or understanding, the notice to be provided by the contracting officer advising the labor union or workers' representatives of Stroyne's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. F. Stroyne shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. G. Stroyne shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant therefo. Stroyne shall Page 10 of 19 permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with the rules, regulations, and orders. H_ In the event of a determination that Stroyne is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and Stroyne may be declared ineligible for further governmental contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. I. Stroyne shall include the terms and conditions of this clause in every subcontract or purchase, order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, � as amended,. so that these terms and conditions will be binding upon each subcontractor or vendor. Stroyne shall take the action with respect to any subcontract or purchase orders as the Department of Labor may direct as a means of enforcing the provisions, including sanctions for noncompliance; provided that if Stroyne becomes involved in, or is threatened with, . litigation with a subcontractor or vendor as a result of the direction, Stroyne may request the United States to enter into the litigation to protect the interests of the United States. 17, MEDIATION 17.1 Any claim or dispute arising out of or related to this contract shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive any right to arbitration. 17.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. 17.3 Contracts reached in mediation shall be enforceable as settlement contracts in the circuit court for the 11`h judicial circuit for the State of Florida. 18. JURISDICTION AND VENUE Page 11 of 19 18.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. 19. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES 19.1 The city does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 20. NOTICES 20.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested; to the addresses of Stroyne and to the city specified in this contract, unless either parry shall specify to the other party a different address for the giving of the notices., 21. CONTRACTING OFFICER REPRESENTATION 21.1 For the purposes of this contract, the contracting officers are as follows: y=........ . -.. _ -.... . To the City: City of South Miami City Manager 6130 Sunset Drive . South Miami, FL 33143 -5093 Telephone: (305) 668 -2510 To Contractor: Stroyne Bros. South, Inc. Ron Stroyne, President 7822 SW 66th Street Miami, FL 33143 Telephone: (305) 595 -4866 Page 12 of 19 AA 22. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS 22.1 The city, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of Stroyne's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 22.2 The city may, at *reasonable times during the term of the contract inspect Stroyne's facilities (if applicable) and perform inspections, as the city deems reasonably necessary, to determine whether the services required to be provided by Stroyne under this contract conform to the terms of the contract.and RFP. Stroyne shall make available to the city all reasonable facilities and assistance to facilitate the performance of inspections by city representatives. 22.3 Stroyne understands and agrees that any information, document, report or any other material whatsoever which is given by the city to Stroyne, or which is otherwise obtained or prepared by Stroyne pursuant to or -- under the' 'terins •of thiss contract is and shall at all -times reniain'the propertyFof the. city. Stroyne agrees not use the information, document, report, or material for any other purpose whatsoever without the prior written consent of the city, which consent may be withheld or conditioned by the city in its sole discretion. 22.4 Stroyne agrees to include in first -tier subcontracts under this contract a provision substantially the same as section 16 above. "Subcontract," as used in this clause, excludes purchase orders not to exceed $5,000.00. 22.5 Stroyne understands that the public shall have access, at all reasonable times, to all documents and information pertaining to city contracts, subject to the provision of chapter 119, Florida Statutes, and agrees to allow access- by the city and the public to all documents subject to disclosure under applicable law. Stroyne's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this contract by the city. 22.6 The right to access and examination of records in this section shall continue until disposition of any mediation, claims, litigation or appeals. Page 13 of 19 .2 3. OWNER.SHjF OF DOCUMENTS 23.1 All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by Stroyne under this contract shall be deemed the property of the city and the city shall have all rights incident to this ownership. Stroyne acknowledges that all documents prepared under this contract shall be public records, and shall be subject . to public inspection and copying, as provided by chapter 119, Florida Statutes. Upon conclusion of this contract and any extensions, all documents shall be delivered by Stroyne to the city. Stroyne shall have the right to retain copies of the documents at Stroyne's expense. 24. SEVERABILITY 24.1 Should any paragraph or any part of any paragraph of this contract be rendered void, invalid ' or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other sej.tion or part of any section of this contract. 25. ENTIRE CONTRACT :...,;�,�_- :•..::.:- . ° >.,.-.. ,.-,,_... .. ....... :..25:1.;`fhe,contract,- when ­sxgiied'by all: nfrthe�parties ;constitutes- e. <,:....- ..,:... <.. fall and complete understanding and-contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the* incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. 26. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 2b.1. Stroyne warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Stroyne has not, and will not, pay a fee the amount of which is contingent upon the city awarding this contract to Stroyne. 26.2 Stroyne warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami's conflict -of interest and code of ethics ordinances. Page 14 of 19 i ' 26.3 A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to Stroyne. 27. WARRAN'T'Y OF AUTHORITY 27.1 The signatories to this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. IN WITNESS WHEREOF, the parties hereto, acting t hrough their duly authorized officers, have executed this contract as of the date first above written. The City of South rn' Stroyne Brothers Sout Inc. By: f ./ � By Maria D , Ciy Manager Ron Stroyne, Preside ATTEST: CITY CLERK By: lL� ✓ onetta Taylor Approv d as to orm: By: KI ` p , City A orney Page 15 of 19 EXHIBIT 1 SAMPLE OF ENFORCEMENT SCHED ULE (COVERAGE REQUIREMENTS) The Stroyne shall make provisions to have their enforcement personnel on duty in order to properly achieve the coverage requirements. The 15 daily hours of parking enforcement will be maximized and shall include coverage for vacation, sick and other any other leave. The following schedule requirements will apply for all normal enforcement days. Minimum No. of Parking Daily Enforcement Officers ** Enforcement Hours Covera eHours Monday — Sunday 1 13.0 9:00 AM —10:30 PM Thursday i 5.0 S:Ob PM — 10:30 PM Friday 2 8.5 3:30PM —Midnight Saturday 2 9.5 3:30 FM - Midnight Sunday 7 2 8,5 3:30 PM - Midni ht JE]KL"S� ENFORCEMENT...COVERAGE; NJOCNIMAL i�VE A. Single coverage: Mays x 13 hrs /daily = 91.0 Hours B. Double coverage: 1 day x 5.0 hrs /daily = 5.0 Hours. 1 day x 8.5 hr. /d = 8.5 Hours 1 day x 8.5 hr. /d = 8.5 Hours 1 day x 8.5 hr. /d = 8.5 Hours Total weekly hours 121.5 Note: This coverage will include. holidays where parking enforcement will be in effect. For the double coverage requirements, some exceptions will be allowed during the contract period. Whenever possible, Stroyne must make a written notification of this inability in advance to the city manager or his designee. Incidents where the double coverage requirement for a given day is not met without prior city approval are not to exceed 10 for any contract period. The personnel, schedule provided on 'the following page (Exhibit 2) reflects the coverage parameters outlined above. Page 16 of 19 oil, Sample afStaffing Coverage WEEKLY MEETER HOURS 9:00 A.M. TO 12:00 Midnight (105 Hours). WEEKLY ENFORCEMENT HOURS 9:30 A.M. —10:30 P.M. (91 Hours). SUNDAY MONDAY WEDNESDAY THURSDAY FRIDAY SATURDAY A — A A A A OFF OFF OFF OFF B B B B B C C OFF OFF C C C D OFF OFF D D D D 1. THREE M= A = 9:00 AM — 5:30 P.M. = 8 HOURS WITH %. LUNCH B = 2:30 PM —4 1:00 P.M. = 8 HOURS WITH % DINNER C = 2:30 PM —11:00 P.M. = SUNDAY / MONDAY; 10:00 AM — 6:30 P.M.= THURSDAY; 9:00 AM — 5:30 P.M. = FRIDAY / SATURDAY. II. ONE fll PTE: (25 HOURS A WEEK) D = 5.00 PM = 10:00 P.M. / WEDNESDAY — SATURDAY; 1:00 P.M. — 6:00 P.M. / SUNDAYS NOTE: SAMPLE INCLUDES NET OF MEAL BREAKS, PREPARATION TIME AND PROJECTED TRAVEL TIME. NIINBaW WEEKLY ENFORCEMENT COVERAGE IS OF 91 HOURS (9:30 A.M. M. *ADDITIONAL COVERAGE FROM PROPOSED SCHEDULE * A) DOUBLE: 1) 3:30 PM TO 5:30 PM = 2 HOURS (SEVEN DAYS A WEEK) =14 HOURS 2) 5:00 PM TO 10:00 PM = 4 DAYS (WED. — SAT.) = 20 HOURS 3) 1:00 PM TO 6:00 1?M = 5 HOURS ONE DAY (SUNDAY) . = 5 HOURS Note: a total of 39 hours of double coverage. B) TRIPLE: 1) THURSDAY 3:30 PM TO 5:30 PM (2 HOURS OF TRIPLE COVERAGE : STAFF MAY BE USED FOR MAINTENANCE AND /OR FIELD INSPECTIONS ECT.) s INSTANCES OF DOUBLE AND TRIPLE COVERAGE CAN BE REDUCED BY VACATIONS, SICK LEAVE AND OTHER ABSENCES. NOTE: The City will reserves the right, as a policy-decision to alter the time and the days that the meters are to be enforced. Should the city decide to alter the time and' days of enforcement both parties will negotiate any changes in enforcement on revenue as a result of the change as provided for in paragraph 6 of the underlying 9/4/03 contract. Page 17 of 19 CITY OF SOUTH MIAMI Field Specifications Field Inspections In addition to the regular parking meter inspection and maintenance schedule, weekly inspections of all parking meter posts, sign faces and sign posts shall be conducted Stroyne's filed personnel. Deficiencies will be addressed in accordance with the completion time specifications listed below: 12ettuired Correction Completion Time from Date Reported Damaged or defaced sign within 5 business days Bent arkin meter Post within 10 business days P g P Missing or damaged parking meter heads within 24 ho i rs ® Shorter completion times will be required for hazardous conditions, .such as a meter post bent so severely as to compromise pedestrian or "vehiciilar'safety: Field Repair Report A monthly report summarizing the month's repair activity is to be maintained by the subcontractor and submitted to the city upon request. The report will be completed within the first five (5) working days of the month following the prior month. A blank report form is provided in Exhibit 4 of the contract. PROACTIVE MARTENANCE SCHEDULE Maintenance Activity_ Frequency ` every:168 &Tq.ej p. everynths.' ;ded'montis or;wheri 30 =50 %fa f;` 3cacesrepe . PARKING METER MAINTENANCE SPECIFICATIONS ° All` -` par %ing_.meters..are:'inspected` daily; and repairs: are} zriade:.vvitliiri:;iwenty, .ovr, t(24)''lioius. The city shall'receive month copies of all meter repair records. Page 18 of 19 EXHIBIT 4 CITY OF SO UTH MIAMI PARSING METER AL4INTENANCE AND REPAIR PROGRAM Monih/Year 200 Page# DAY /DATE LOCATION DESCRIPTION 1 Note: Maintenance sheets must be properly filled out and secured by Stroyne. They should be place on a three ring binder and readily available for inspection by the City. Reporting Serviceman Page 19 of 19 qq RIEPDRf South Miami officer i.og.... generated on THU D9/04/2003 at 15:46:53 Reported On: All Officers Report Range: FRI 08/29/2003 to FRI 08/2 Data Type Reported on: Parking Citations { a DDlTaz22 (!DS 9 I D... 1 x.w Wv.3uT, I I. .n, 1 { D1 /. /200] 1 D9. I }a I I Time: { e]OPeed 1 Watt- { LDa. A- j V6m { X-t { [dc.,me Plat - 1 1121 ai PM j 0100 { /]t6a9GG (7300 M SI TM ( 01/10 -17.. J 11..0.( 17. 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PM I Or01 { 01865370 { 9800 M 1a ND j 01/10 -]118 I sle.oej n A`- 1 D].. 91 ) 0:01 1 x)566200 1 TBOa M n Mo 1 Oin0.7758 J S1x .001 FL V3}NW 1 0]:20 PH ( O;OS 1 x]066196 1 riee M Se3H ( D] /10•)71.7 I 52x.001 M T13L1x 1 01;37 Px 1 0117 1 x7865100 { 6000 M 11 ao 1 01/70.9788 i 510.00j it Vb SJDZ 1 03:30 PM I 0101 J 5]065). 1 6600 51 1] 8n ( 07/30 -)70. _ -------------- __...-.... i 111.001 n N11M C ------- _---------------------- ._.• ............... 1 ....... ...................... ................ 1 71 1 38:15[ V.1I4 TDt.I. I 711 11431.00 „ectar vote T-lb 1 31 "..Do { I 71 { Ol Clca2 Valid 7Ota1. I 711 13136.00 I 1 ] ( 'CIA eer Vold T-1. 1 At 56-co Z tD RESOLUTION NO. 157 -03 -11707 A RESOLUTION OF THE MAYOR AND. CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTING A. CONTRACT WITH STROYNE BROS. SOUTH, INC. FOR THE PROVISION OF MUNICIPAL PARIHI<IG MANAGEMENT SERVICES, PROV DING AN EFFECTIVE DATE. WHEREAS, the City of South Miami's current parking management contract will expire on the 30'' of September 2003; and WHEREAS, on May 30, 2003, the city. issued a request for proposal in order to compe#tively solicit service providers- to obtain parking management services and enter into a new municipal parking management contract; and WBFREAS, on July 22, 2003, the mayor and the city commission selected Stroyne Bros. South, Inc., to promote, operate, and maintain the city's comprehensive parking system and instructed the city's staff to negotiate a parking services management agreement; and WEFREAS, atta,htd as exhibit 1 to this resolution is the proposed parking NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMIv1ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The city commission approves and authorizes the city manager to execute a contract with Stroyne Bros. South, Inc. for parking management services.. Section 2. This resolution shall be, effective October 1, 2003. PASSED AND ADOPTED this 16 day of September 2003. YATTES CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: tL MAYOR COMMISSIO VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea, Page I of I