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HomeMy WebLinkAboutR-01-0684J-01-536 7/10/01 RESOLUTION NO. i! "" G 8 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE: ATTACHED FORM, WITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE MANAGEMENT AND OPERATION OF THE PARKING I,OT AT THE SEMINOLE: BOAT RAMP LOCATED AT THE SOUTHWEST CORNER OF SOUTHWEST 27T" AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE, MIAMI, FLORIDA, FOR A TERM OF THREE YEARS WITH AN OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The City Manager is authorized!/ to execute an Agreement, in substantially the attached form, with the Department of Off --Street Parking for the management and operation of the parking lot at the Seminole Boat Ramp located at the southwest corner of Southwest 27"h Avenue and South Bayshore '-' The herein Authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but riot limited to those prescribed by applicable City Charter and Code provisions. ATTACHMENT CINTAIN15 cm COMMMUM MEETING OP iwrolwWa rto, J .1 -- � • 0 Drive in Coconut Grove, Miami, Florida, for a term of three years with an option to extend for three additional one-year periods. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.91 PASSED AND ADOPTED this 10th _ day of July _____, 2001. ` JOE CAROLLO, MAYOR jr accordance with Wanil Coda Sea. 2.36, since the Mayor did not tndirots spinnu.-I nt C'.3 lagidnUon by cignino 4 In the dr.ignatcd f:'..cc prfwir'c-i, n;.d t:., ..'- .. bucornes effective with ti,e dance of Ion (10) day: fn;in iii- ate of .21 regarding same, without tho Mayor exercising a v tool Waltor J. Foet2ptotity Clerk ATTEST: WALTER J. FOEMAN CITY CLERK APPRO AS 0 FO AND CORRECTNESS:/ LFJ ILA y� rAT' RNEY 423:db:LR:LN =' it the Mayor does not sign this Resolution, it shall become effective at the and of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 t3 i3 OPERATING AGREEMENT FOR SEMINOLE BOAT RAMP PARKING IAT This Agreement is made this _ day of _ , 2001 by and between the City of Miami, Florida ("City") and the Department of Off -Street Parking of the City of Miami ("DOSP"). RECITALS A. The City is the owner of the real property located at , Miami, Florida, depicted in Exhibit "A" hereto and known as the Seminole Boat Ramp and Launching Facility (the "Property"). B. The Property includes a parking lot for approximately 46 vehicles, as shown in Exhibit "A" (the "Parking Lot"), which has been completely renovated by City. C. DOSE' is experienced in the construction, management and operation of parking facilities. D. The City wishcs to engage the services of DOSP for the installation of a centralized pay station, and the operation, management and maintenance of the Parking Lot and DOSP wishes to accept the engagement on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, the City and DOSP agree as follows: 1. RECITALS: The recitals are true and are hereby incorporated into and made a part of this Agreement. 2. TERM: The teen of this Agreement shall commence upon full execution hereof (the "Commencement Date") and shall end three (3) years thereafter, The term may be extended for three (3) additional periods of one (1) year by mutual written agreement. 3. INS'T'ALLATION OF CENTRALIZED PAY STATION: DOSP shall purchase and install a Centralized Pay Station, also known as a Master Meter, on the Parking Lot, as approved by the City. The cost of the Master Meter, as installed, shall not exceed $15,000 (the "Reimbursement Amount"). DOSP shall install or caused to he installed the Master Meter not later than torte -five (4 5) days following the date of this Agreement. DOSP shall perform the installation at its sole cost and expense and in accordance with all laws and regulations. The City agrees to reimburse DOSP the Reimbursement Amount at the rate of $500.00 per month, until DOSP is reimbursed in full. Reimbursement shall be made by allowing DOSP to deduct the amount of $500.00 from each payment of Net Revenues, (as the term is defined in Section 7 below), until payment of the full Reimbursement Amount. In the event that the payment of Net • Revenues is less than S500.00. then the number of payments shall be adjusted accordingly to make up for the deficiency. 4. OPERATION AND MANAGEMENT OF PAR )T: DOSP shall be responsible for the operation, management and maintenance of the Parking Lot. DOSP shall be, and is hereby authorized to employ all personnel necessary for the performance of its responsibilities hereunder. The rates for the use of the Parking Lot by the public shall be established by City Ordinance and DOSP shall not have the right to alter or change the parking rates without the City's written approval. DUTIES AND OBLIGATIONS OF DOSP: A. DOSP shall be responsible for the day-to-day maintenance and operation of the Parking Lot and shall be responsible for keeping the property in a neat and clean condition at all times. DOSP shall be responsible for the striping and re -striping of the Parking Lot, as approved, in advance, by the City. Routine preventative maintenance shall be perlbrmed at hours of low traffic flow, when possible. B. DOSP shall provide the personnel necessary to monitor the Parking Lot and patrol the ramps seven (7) days a week from 7:00 a.m. to 7:00 p.m. DOSP shall provide personnel to patrol the ramps Saturdays and Sundays. At is anticipated that the operational responsibilities may be performed by one (1) security guard and/or Fnforcement Officer who shall have the authority to issue citations for the unauthorized use of the Parking Lot and who shall be responsible for reporting to the Police llepartment any unauthorized uses or illegal actions, as well as ensure payment for use of the Parking Lot. C. DOSP shall ensure that the operator(s) of the Parking Lot be properly uniformed, so as to present a neat, clean and professional appearance at all times. D. DOSP shall maintain a record ol'time for use by all hourly employees. 6. GROSS REVENUES, OPERATING EXPENSES AND DEPORTS: A. DOSP shall collect, not later than once a week, all moneys deposited in the Master Meter which, together with all other moneys paid or payable to DOSP for parking related transactions made and for services rendered by DOSP in the operation of the Parking Lot, regardless of when or where the services are rendered, are referred to herein as "Gross Revenues". B. DOSP will be responsible for processing and remitting appropriate sales tax and parking surcharge amounts due from parking revenues collected C. DOSP shall submit to the City reports, in such forth as the City shall from time to time reasonably require, showing all monthly activity and Gross Revenues summaries and certifications, to be reconciled to daily or weekly reports. Additionally, DOSP shall submit to the City monthly summaries and the City may reasonably require certifications of Operating Expenses together with such supporting documentation required by the City. For purposes of this Agreement the term "Operating Expenses' sliall mean all costs and expenses incurred or paid by DOSP in connection with the operation of the Property, excluding only the Fee. Operating Expenses include, but are not limited to Salary & Wages, Fringe Benefits, including Social Security, group insurance, retirement costs, etc., paid to all personnel involved in the operation of the Property, including; overtime, vacation, sick time, accrued vacation and sick time earnings; material and supply costs; insurance premiums and related costs, including liability, workmen's compensation and others. Also included in the definition of Operating Expenses are payment of the Reimbursement Amount, all operating budget expenses and all other expenses not included or exceeding the amount allocated in said budget but which has been approved by the City in writing, using its reasonable judgment. The City may require DOSP to obtain, annually, or at such other frequencies as it shall reasonably detennine, an examination made in accordance with generally accepted auditing standards and management letters prepared and attested to by an independent certified public accountant, licensed in the State of Florida, acceptable to the City as to Gross Revenues and/or Operating; Expenses arising from operations under this Agreement, prepared in conformance with the American institute of Certified Public Accountants' requirements for "Special Reports." The cost of such reports shall be included as all Operating Expenses. D. Monthly reports are due by the 20th calendar day of the month following the reporting period, while annual reports are due within ninety (90) calendar days following the close of the reporting period. E. The City shall have the right to audit, examine, review and copy all records relating to operations under this Agreement, during normal working hours at the Administrative Offices of DOSP, 190 NE Third Street, Miami, Florida, during the term of this Agreement and within three (3) years after the end of the fiscal year. DOSP shall maintain, during the term of this Agreement, all books of account and records of Gross Revenues and Operating Expenses, in conformance with generally accepted accounting principles and to the satisfaction of the City's Department of Internal Audit. F. Annually, on a date to be provided to the City, DOSP shall submit to the City an annual budget, hereinafter referred to as "Budget", an a form(s) prepared or approved by the City, listing; all anticipated operating; expenses and costs, including types, quantities and estimated costs, required by the subsequent fiscal year as defined by State law, the costs of hisurance specifically required by this Agreement, and any expense for deductible loss sustained by DOSP where such 3 1I1Ii7i�1I1 " insurance policy includes a deductible limit are reimbursable. The City shall approve or disapprove all or portions of the categories of expenses or individual items contained in the Budget. Expenses and categories of expenses; approved by the City, including capital expenditures and expenditures necessitated by the provisions of the Agreement as set forth in the Budget approved by the City, shall be reimbursed to DOSP by the City. G. All reports, expense invoices and the like, required by this Agreement shall be submitted to the following address, unless such address has been changed in writing by the City: City of Miami Attn: Director, Department of Conferences, Conventions and Public facilities 400 S.E. 2nd Avenue Miami, Florida 33131 7. COMPENSATION AND METHOD OF PAYMENT: A. In consideration of the services to be provided by DOSP to the City hereunder the City shall pay DOSP a Management Fce ("Management Fee") of five percent (5%) of Gross Revenues, and an Administration Fee ("Administration Fee") of two percent (2%) of Gross Revenues. The Management Fee and the Administration Fee arc referred to herein, collectively, as the "Fee". For purposes of this paragraph, the term "Gross Revenues" shall mean all monies collected and deposited by the DOSP, as required in Section 6 above. Gross Revenues shalt not include amount collected for the payment of parking surcharge, sales tax, or any other any taxes or charges which are directly paid by the DOSP or the City to a taxing authority; discounts and allowances as provided by procedures accepted and approved by the DOSP; and dishonored checks and uncollectable credit card charges, provided that such check anti credit card transactions were processed utilizing sound business procedures. B. No later than the 20th day of each month during the term, DOSP shall deliver to the City, together with the monthly statement described in Section 6. above, the Net Revenues derived from the operation of the Parking Lot. For purposes of this Agreement, the terns Net Revenues shall mean Gross Revenues minus Operating Expenses and minus the ice. With this report DOST' will include a check in full payment of the Net Revenues. 8. GENERAL, PROVISIONS: A. None of the officers, agents, or employees of DOSP shall be deemed to be employees of the City for any purpose(s) whatsoever. 4 WIM611a B. In the event of any injury to any person or loss or damage to any property on the Property, DOSP shall immediately notify the City and promptly furnish copies of reports in connection therewith. C. The City reserves the right to call upon DOSP for specialized parking facility consulting services and advice with regard to the operation of the Property. In such event, all expenses and costs incurred by DOSP in connection therewith shall he paid as established by mutual agreement of the parties. 9. COMPLIANCE WITH ALL LAWS: DOSP and the City, notwithstanding anything to the contrary herein, shall comply with all laws, ordinances, regulations and rules of the Federal, State, County and City Government, which may be applicable to its operation under this Agreement. I(). DAMAGE OR DESTRUC'T'ION TO FACILITIES: If the Parking Lot is rendered unlit or unusable for the use and purpose for which this Agreement is granted, either party shall have the option, upon ten (10) days notice in writing, to terminate this Agreement. 11. INSURANCE.: DOSP shall maintain the following insurance during the terns of this Agreement: A. Comprehensive Gencral Liability in limits not less than $5,000,000 per occurrence for Bodily Injury and Property Damage. B. Garage Liability in same limits as "A" above, including Automobile Insurance Hazard 1, C. Garagekeepers lxgat Liability with limits not less than S1,400,000 per occurrence. This policy shall be endorsed to name the City as additional Insured. D. Theft Coverage covering employee fidelity, inside or outside loss and burglary with a limit of not less than 525,000 per occurrence. E. Workers' Compensation as required by Florida Statutes, Chapter 440. h. The insurance coverage required shall include those classifications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operations of DOSP, G. All insurance policies and Surety Bonds required herein shall be issued in companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The company must he no less than "A" as to general policyholder's rating and no less than Class "V as to financial rating, in accordance with the latest edition of Best's Key Rating Ouide, published by A.M. Kest Company, Inc. 5 If. DOSP shall furnish to the City all required Certificates of Insurance prior to the commencement of operations hereunder and throughout the term of this Agreement, which certificates shall clearly indicate that DOSP has obtained insurance in the type, amount and classification as required for strict compliance with this Article, and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the City. 1. DOSP shall tirrnish certificates evidencing renewal or replacement of required insurance coverage, thirty (30) days prior to expiration or cancellation. The City reserves the right to reasonably amend the insumnee requirements. 12. NON-DISCRIMINATION: DOSP shall not discriminate against any employee or applicant for employment to he employed in the performance of this Agreement with respect to age, sex, or physical handicaps (except where based on a bona fide occupational qualification), or because of race, color, religion, national origin, ancestry or marital status. DOSP further covenants and agree that no person on the grounds of race, color, sex, age, religion, handicap, national origin or marital status shall he excluded from or be subjected to discrimination in the use of the Parking Lot. 13. CITY'S TERMINATION RIGHTS: The City shall have the right to terminate this Agreement, in its sole discretion at any time, without cause or penalty, by giving written notice to DOSP at least ninety (90) business days prior to the effective date of such termination. 14. VACATING AT TERMINATION: DOSP shall surrender up and deliver the Parking Lot to the City at the termination of this Agreement, and shall remove all of its personal property forthwith. Any personal property of DOSP not removed in accordance with this Article shall be removed by the City and stored at the cost of DOSP. Failure on the part of DOSP to remove or reclaim its personal property within thirty (30) days from the date of termination shall constitute a gratuitous transfer of title thereof to the City for whatever disposition is deemed to be in the best interest of the City. 15. NOTICES: All notices permitted or required by this Agreement shall be in writing and when mail delivery is required such notices shall be sent by registered or certified mail. To the City: Director, Department of Conferences, Conventions and Public Facilities City of Miami 400 S.E. 2nd Avenue Miami, Florida 33131 With copy to: Alejandro Vilarello City Attorney City of Miami 444 S.W. 2"d Avenue, Floor 9 Miami. Florida 33130 h IPIig1I1I: • 0 To DOSP: Arthur Noricga, V Director Department of Off -Street Parking 190 N.L'. Third Street Miami, Florida 33132 16. SEVERABILITV: In the event that any portions of this Agreement shall be held to be invalid for any reason, such invalidity shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. 17. SUCCESSOR' AND ASSIGNS: This Agreement shall be binding upon the parties; hereto, their heirs, executors, legal representatives, successors, or assigns. 17. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide goods or services to CITY as an independent contractor, and not as an agent or employee of CITY. Provider further understands that Florida Workers' Compensation benefits available to employees of CITY are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to CI'T'Y under this Agreement. 18. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 19. APPROVAL. BV THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (tile "Oversight Board") which is empowered to review and approve all City contracts. As a result, contracts shall not he binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused executed by their respective officials themuato duly authorized, wOW. this ATTEST: CITY OF MIAMI TCD CD T 104nVUAt►1 this in su mat to be the dey and year tbove reRI fIQ s [IIk"WP2 • 6 CITY OF MIAMI, FLORIDA =24 INTER -OFFICE MEMORANDUM The Honorable Mayor rO and Members of the City Commission Nuffirum OATF iitt L .�_ SUBJEC! REFEnENCES ENCLOSURFS F iLE . Resolution Authorizing City Manager to Execute an Agreement with Dept. of Off -Street Parking to Manage Parking Lot at Seminole Boat Ramp RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Agreement, in a form acceptable to the City Attorney, with the Department of Off -Street Parking ("DOSP") for the management and operation of the boat trailer parking lot located at the Seminole Boat Ramp for a term of three (3) years with an option to extend the term for three (3) additional one (1) year terms BACKGROUND The City of Miami is the owner of public property located at the Seminole Boat Ramp at the southwest corner of South Nest 2'1`h Avenue and South l3ayshore Drive in Coconut Grove. The Department of (7onferences, Conventions and Public Facilities has recommended that DOSP install a master meter parking system at the Seminole Boat Ramp, and manage and operate the parking services. The meters will provide an effective way to collect cash and disperse receipts, as it eliminates the need for an attendant, reduces costs and minimizes money transactions. DOSP will maintain and monitor the lot, including issuance of citations to unauthorized vehicles. The projected monthly revenues arc $4,000, and the projected expenses are $3,500. DOSP will incur the costs of the master meter, signage, striping the tot, security, collections and management, and deduct it from the gross revenues collected. Once DOSP recuperates their initial investments, fifteen (15%) percent of the net revenues will be retained by DOSP as a management fee. CAG/FKR/CPAiyp 01 684