HomeMy WebLinkAboutR-83-0152J-83-61
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, SUBJECT TO THE
CITY ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS, WHICH HAS BEEN NEGOTIATED
WITH THE CITY OF MIAMI DEPARTMENT OF
OFF-STREET PARKING FOR MANAGEMENT AND
OPERATION OF THE DOWNTOWN GOVERNMENT
CENTER PARKING GARAGE.
WHEREAS, the Downtown Government Center Parking Garage
is scheduled for opening in 1983; and
WHEREAS, in accordance with City Charter Section
23-A.1, the City agrees to utilize the Department of
Off -Street Parking for the management and operation of the
City's parking facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, subject to the City Attorney's approval
as to form and correctness, which has been negotiated with
the Department of Off -Street Parking for the management and
operation of the Downtown Government Center Parking Garage.
PASSED AND ADOPTED this loth day of February 1
1983.
ATTEST:
RALP G. CONNGIE, CITY CLEW'
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
SE R. GARCIA-PEDROSA
ITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
CITY COMMISSION
MEETING OF
FEB1a11]R_Q
RMOLUMN N -5.3. J �
REUMKS .............„.......»««
36 .
TO: Howard V. Gary DATE: January 28, 1983
City Manager 1983 JAN 31 NH 10: 03
SUBJECT: Management Agreement -
Government Center Garage
FROM: Roger M. Carl
Director
Department of df-St et Parking
Recommendation
It is recommended that the City Commission approve, in substantial form, a
Management Agreement between the Department of Off -Street Parking and the
City of Miami for the 1,100 space Government Center Garage.
Background
In the March 16, 1982 City Commission meeting, a management agreement with
the Department of Off -Street Parking for the 1,450 space World Trade Center
Garage was adopted. The World Trade Center Garage will be opened on February
1, 1983 with a dedication ceremony scheduled for February 10, 1983 during the
lunch recess of the City Commission meeting. The City began construction of
the 1,100 Government Center Garage in April 1982. The facility is expected
to initiate operations in May 1983.
Analysis
The proposed Management Agreement for the Government Center Garage is similar
• to the
World Trade Center Garage. The major provisions are:
1)
The term is 25 years to coincide with the life of the bond issue.
Five year renewals are authorized upon mutual agreement.
2)
The Department will receive a management fee of 3.0 percent in the
first year; 2.75 percent in the second year; and 2.5 percent in
the third year. The first year cost to the City for the
management fee is estimated to be approximately $40,000 which will
compensate for indirect central administrative expenses. All
direct expenses will be reimbursed from the garage revenues. The
percentage fee is lower in the first two years than the fee
previously negotiated for the World Trade Center Garage due to the
ability of the Department of Off -Street Parking to spread
administrative costs over the spaces contained in the two garages.
3)
The Department will deposit revenues daily to an account to the
credit of the City as required in the trust indenture. The City
will advance to the Department three months estimated operational
expenses. This "drawing account" will be replenished monthly by
the City in order to avoid the need for the Department to use any
of its existing revenue to operate the new facility.
4)
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All employees will be hired by the DeVr*n*t 1snM��erT- Misting
procedures.
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Conclusion
This second management agreement with the Department of Off —Street Parking
reflects the City's philosophy of providing parking through a variety of
financing procedures. The Department currently operates three garages which
were financed from its internal revenue generating capacity. The World Trade
Center and Government Center projects, which will begin operation in the near
future, were financed by the City of Miami using a secondary revenue pledge
of utility taxes. These cooperative ventures will expand the scope of
operation of the Department by 2,600 spaces and approximately $3.4 million
annually. Therefore, your approval of the agreement and scheduling it on the
City Commission agenda is recommended.
cc: Law Department
Att .
11
9
MANAGEMENT AGREEMENT
MANAGEMENT AGREEMENT FOR OPERATION OF THE
PUBLIC PARKING FACILITY AT THE DOWNTOWN
GOVERNMENT CENTER, MIAMI, FLORIDA,
BETWEEN THE CITY OF MIAMI, FLORIDA, AND
THE DEPARTMENT OF OFF-STREET PARKING
THIS MANAGEMENT AGREEMENT, hereinafter referred to as "Agreement,"
made and entered into as of the day of , 1983, by and
between the CITY OF MIAMI, FLORIDA, hereinafter referred to as the "City,"
and the DEPARTMENT OF OFF-STREET PARKING, hereinafter referred to as the
"Operator".
W I T N E S S E T H:
NOW, THEREFORE, for and in consideration of the mutual covenants
herein contained, the parties hereto agree as follows:
ARTICLE 1
Term
1.01 This Agreement is for a term of twenty-five (25) years
commencing , 1983, and terminating , 2008, and
may be extended for successive five (5) year terms unless terminated prior
thereto by mutual agreement of the parties.
ARTICLE 2
Facility and Operations
2.01 (A) The City hereby makes available to the Operator for
management and operation a Public Parking Facility serving the Downtown
Government Center, which presently consists of a Public Vehicle Parking
Facility (hereinafter referred to as the Facility), located at 270 N.W.
Second Street within the City of Miami, upon terms and conditions
hereinafter set forth.
(B) The Facility as set forth on Exhibit A, attached hereto and made
a part hereof, shall encompass the parking structure designated as the
Downtown Government Center Garage, toll plazas, control devices, entrances,
exits, office and other improvements, and additions and deletions as may be
made from time to time by the City upon agreement with the Operator.
(C) The City reserves the right, at any time it deems necessary, to
lawfully alter or change the Facility or the parking rates as specified in
the trust indenture for the Downtown Government Center Parking Garage. The
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Operator shall be requested to comment upon the proposed alterations at
least thirty (30) days before the change is implemented. The proposed rates
must be in compliance with the provisions of the trust indentures governing
the existing debt of the Operator and not inconsistent with applicable law.
2.02 The Operator, pursuant to the terms of this Agreement, shall
manage, operate, direct, and supervise the use of the Facility. The
Operator, pursuant to the terms of this Agreement, shall employ all on -site
personnel required to fulfill its responsibilities hereunder.
ARTICLE 3
Gross Revenues and Reports
3.01 "Gross Revenues" shall mean all moneys, paid or payable to the
Operator for parking related transactions made and for services rendered by
the Operator in the operation of the Facility regardless of when or where
the services are rendered, whether paid or unpaid, whether on a cash or
preauthorized credit basis, however, any taxes imposed by law directly paid
by the Operator or the City to a taxing authority, discounts and allowances
as provided by procedures accepted and approved by the Operator, shall be
excluded therefrom. Moneys payable shall include, but shall not be limited
to, any and all cashier shortages, overages, and undercharges. Dishonored
checks and uncollectible credit card charges shall not be included in Gross
Revenue, provided that such check and credit card transactions were
processed utilizing sound business procedures.
3.02 As soon as practical, but no later than the next banking day
following receipt of any Gross Revenues hereunder, the Operator shall
deposit said Gross Revenues with the Trustee for the bonds, Barnett Banks
Trust Company, N.A., in an account of and to the credit of the City, and on
a weekly basis, the Operator shall deliver to the City the duplicate deposit
slips, properly certified by a cashier or officer of the bank, covering such
deposits. The Operator shall on weekends, holidays or nights deposit Gross
Revenues in a designated night deposit vault, unless otherwise authorized in
writing by the City. The Operator shall obtain insurance in an amount
satisfactory to the office of Risk Management of the City of Miami covering
loss of deposits until such time as the depository bank certifies receipt of
same. Evidence of such insurance shall be furnished to the City. The cost
of this insurance shall be a reimbursable expenditure. It shall be
considered that the City has come into possession of the Gross Revenues only
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when the Operator has deposited the funds in the bank or depository and
the
duplicate deposit slips, properly certified by a cashier or officer of
the
depository bank, and the appropriate weekly reports required for
the
specific period of Gross Revenues have been transmitted by the Operator
to
the City. All procedures hereunder shall be subject to be revised
upon
changes in the Charter or Code of the City of Miami.
3.03 The Operator shall submit reports in such form as the
City
shall from time to time require. Such reports shall include, but not
be
limited to, the following:
(1) Daily report of Gross Revenues, car count and
physical inventory, and ticket reconciliation.
(2) Weekly activity and Gross Revenues summaries,
to be reconciled to daily reports.
(3) Monthly activity and Gross Revenues summaries
and certifications, to be reconciled to daily
and weekly reports.
(4) The City may require the Operator to obtain,
annually, or at such other frequencies as it
shall reasonably determine, 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 State
of Florida, acceptable to the City, as to
Gross Revenues or reimbursable expenses
arising from operations under this Agreement,
prepared in conformance with the American
Institute of Certified Public Accountants'
requirement for "Special Reports," or as
otherwise directed by the Department. The
cost of such reports shall be included as
reimbursable costs.
(Items 1-3 are to be signed by preparer and countersigned by the
Director of the Department of Off —Street Parking.)
3.04 Weekly reports, which shall cover Monday through Sunday, shall
similarly be delivered to the Finance Department of the City on Wednesday
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following the reporting period. 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.
3.05 (A) The External Auditing Firms of the Operator and the City
shall be permitted to audit, examine, review and copy all records relating
to operations under this Agreement, during normal working hours at the
Administrative offices of the Operator, 190 NE Third Street, Miami, Florida,
during the term of this Agreement and within five (5) years after the date
of the termination of this Agreement.
(B) The Operator shall maintain, during the term of this Agreement,
all books of account and records of Gross Revenues and expenditures, in
conformance with generally accepted accounting principles and to the
satisfaction of the Department of Internal Audit.
(C) All source records of Gross Revenues, which shall include, but
not be limited to: Parking Tickets, Cash Register Tapes, Shift Reports,
Master Reports, Daily Revenue Reports, and the like, shall be kept at all
times within Dade County. These records shall be maintained by the Operator
for a period of five (5) years following the close of the fiscal year.
( D ) The Operator shall make available, at the Operator's
Administrative offices, to the City upon five (5) days written notice from
the City's Auditors, any original documents and records pertaining to the
operation of the facility not required specifically by the terms of this
Agreement.
3.06 Annually, on a date to be mutually agreed to by the Operator
and the City, the Operator shall submit to the City an annual budget,
hereinafter referred to as "Budget", on a form(s) prepared or approved by
the City, listing all anticipated reimbursable costs, including types,
quantities and estimated costs, required by the subsequent fiscal year as
defined by State law. The costs of Bonds and Insurance, specifically
required by this Agreement, and any expense for deductible loss sustained by
the Operator where such insurance policy includes a deductible limit are
reimbursable. The City Finance Director and Director of Public Works shall
approve or disapprove all 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
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expenditures necessitated by the provisions of the Agreement as set forth in
the Budget approved by the City, shall be reimbursed to the Operator by the
City.
3.07 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
Finance Director
P. O. Box 330708
Miami, Florida 33133
ARTICLE 4
Reimbursable Expenses
4.01 Reimbursable Expenses: The Operator shall be reimbursed under
the provisions of Article 5.02(B) for expenses of operation of the facility.
Reimbursable expenses shall include but not be limited to: Salary & Wages,
Fringe Benefits including Social Security, group insurance, retirement
costs, etc., including overtime, vacation, sick time, accrued vacation and
sick time earnings; all utility costs including but not limited to
electricity, water and gas, if any; communications costs; all contractual
maintenance cost including elevators, air conditioners, garage equipment,
and property and landscaped areas; security guards; parking consultant
services; and material and supply costs; insurance including liability,
workmen's compensation and others; repair and replacement costs including
equipment and others; all computer operations costs allocable to the
facility; uniforms; signs; capital costs; legal fees directly related to
this facility involving third parties; auditing costs; and losses of
equipment from theft. Other expenses not enumerated may be reimbursable if
prior approval is obtained from the City Manager.
ARTICLE 5
Reimbursement and
Compensation to Operator
5.01 Management Fee: The Operator shall be compensated monthly by
the City at the rate of 3.0 percent of Gross Revenues during the first year
of operation, 2.75 percent of Gross Revenues during the second year of
operation, and 2.5 percent of Gross Revenues during the third and subsequent
years of operation.
5.02(A) All operating budgeted expenses incurred by Operator in the
operation of the Facility, as well as other expenses not provided for in the
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Budget, but which are specifically approved by the City in writing, shall be
reimbursed by the City to the Operator within thirty (30) days from receipt
by the City of a monthly "Expense Invoice(s)" from the Operator, certified
by the Director of the Operator, indicating that the expenses claimed have
been paid by the Operator. The invoice shall also include the management
fee as calculated in Section 5.01.
5.02(B) The City shall provide to the Operator an initial amount
equal to three months of operation to use as a drawing account for
expenditures. The Operator shall submit monthly statements to the City
within 15 days after the end of each month. The City shall make payment to
the Operator within thirty days after receipt of the statement.
(C) The City has the right to use such means as may be appropriate
in the circumstances to verify amounts claimed on Expense Invoices. If any
item of expense is disputed or contested by the City, the City shall submit
to the Operator a statement, in writing, setting forth the items being
disputed and the specific reasons therefore. The City shall not withhold
reimbursement for non —disputed items of expense. Both parties shall in good
faith diligently pursue clarification and resolution of any disputed items
within thirty (30) days of receipt of written notice sent by the City. ,
(D) Should the City and the Operator be unable to resolve any
dispute arising from the provisions of Article 5, an arbitration panel shall
be established. The panel shall consist of the City Manager, the Director
of the Operator and a third member mutually agreeable to both parties. The
determination of the arbitration panel shall be non —binding, but must be
rendered and accepted or rejected by the parties prior to initiation of
legal action arising from the provisions of Article 5.
ARTICLE 6
General Provisions
6.01 Except as may otherwise be specifically authorized in writing,
the Operator shall charge all users of the Facilities the fees or rates for
such use established by the City pursuant to its internal procedures. If
the Operator charges any amount in excess of the established rates, the
amount by which the amount charged differs from the established rate shall
constitute an overcharge, which shall be refunded to the customer, if
possible. If not refunded, the overcharge shall be included in Gross
Revenues. If the Operator or its employees charge any amount which is less
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than the established rates, the amount by which the amount charged differs
from the established rate shall constitute an undercharge and an amount
equal thereto shall be excluded by the Operator from Gross Revenues.
6.02 None of the officers, agents, or employees of the Operator
shall be deemed to be employees of the City or for any purpose(s)
whatsoever. No partnership or joint venture relationship between the City
and the Operator is created or intended by this Agreement.
6.03 In the event of any injury to any person or loss or damage to
any property in the Facilities, the Operator shall immediately notify the
City and promptly furnish copies of reports in connection therewith.
6.04 The City reserves the right to call upon the Operator for
specialized parking facility consulting services and advice with regard to
the operation of the Facilities. In such event, the expenses and costs
incurred shall be considered a reimbursable item of expense.
6.05 The term "Revenue Control System," as used herein, shall refer
to the mechanical and electronic equipment provided by the City to control
and record entrances and exits from the Facilities, including, but not
limited to, loop detectors, treadles, gate arms, ticket dispensers, cash
registers, fee indicators, and the like.
6.06 (A) All employees of the Operator at the Facility shall be paid
within ranges established in the Budget approved by the City.
(B) All prospective employees of the Operator at the Facility
including the Facility Manager, shall be examined by a licensed polygraph
examiner, to determine the accuracy of their employment application and
integrity and shall be re-examined by the polygraph expert on an as needed
basis to determine honesty in the receipt and handling of cash, in the
payment of expenses and in the preparation of required reports. The
examinations shall be a reimbursable expense.
6.07 (A) The City shall have the right to request that a valet
service be offered by the Operator, in which event all costs of operation of
the valet service shall be made part of the Budget. Regular established
parking fees and special valet service fees, if any, shall be charged valet
service customers and shall be included in Gross Revenues. If the City
wishes the Operator to operate the valet service, any gratuities, if any,
earned by the valets shall not be included in Gross Revenues.
(B) If the Operator declines to provide the valet service then the
City may seek bids from private valet operators to provide such service. If
a private valet service operates the valet service, all revenues, exclusive
of tips which are retained by the valets, shall be included in Gross
Revenues for purposes of calculating the Management Fee.
ARTICLE 7
Compliance with All Laws
7.01 The Operator 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.
ARTICLE 8
Duties and Obligations
of Operator
8.01 Maintenance: (A) The Operator shall be responsible for the
proper maintenance, repair and upkeep of the Revenue Control System, and of
the interiors, including exterior doors and windows, stairwells, elevators,
electronic surveillance system for the parking structure, and the toll
booths. The City shall furnish to the Operator all warranty agreements
pertaining to the Facility and equipment therein.
-- The Operator shall be responsible for the striping and re -striping of
the Facility as approved, in advance, by the City. Routine preventative
maintenance shall be performed at hours of low traffic flow, when possible.
(B) The Operator shall be responsible for keeping the Facility
including the parking areas, the entrance and exit areas, exit toll booths,
restrooms and the office of the Operator in the Facility in a neat and clean
condition at all times.
(C) The Operator shall be responsible for maintenance of landscaping
associated with the Facility.
8.02 Personnel: (A) The Operator shall properly uniform all its
personnel, with the exception of the Facility Manager, so as to present a
neat, clean and professional appearance at all times.
(B) The Operator shall ensure at all times that the names of on -duty
cashier personnel are so placed in or on the exit booths as to be readily
visible and readable by drivers of exiting vehicles, while stopped at such
exit booths.
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(C) The Operator shall ensure that all employees are able to
communicate in "spoken" English.
(D) The Operator shall provide a "Facility Manager", who shall be
the full-time, on -site management representative of the Operator,
responsible for the competent performance and fulfillment of the
responsibilities of the Operator under this Agreement.
8.03 Commodities and Equipment: (A) The Operator shall provide all
commodities and equipment authorized as part of the Budget, with title to
same being vested in the City upon delivery or installation at the Facility.
(B) If requested by the City, the Operator shall, on an
around -the -clock basis, provide necessary equipment, trained personnel and
vehicles for battery assistance, tire changing and distress services for
vehicles parked in the Facility. The Operator may charge, in addition to
regular parking charges, reasonable fees, approved in writing by the City
for towing of vehicles on or off the Facilities for mechanical purposes, and
such fees shall be included in Gross Revenues. All authorized charges for
services shall be prominently and publicly posted, as may be required by the
City. The cost of maintaining this service will be reimbursable and the
revenues shall be included in Gross Revenues.
(C) The Operator shall provide a recording type time clock for use
by all hourly employees.
ARTICLE 9
Alteration of Facilities
and Erection of Signs
9.01 The Operator shall not alter the Facilities in any way
whatsoever, erect any signs nor permit any advertising of any nature without
prior written approval from the City.
ARTICLE 10
Bonds
10.01 The Operator shall provide a Blanket Position Fidelity Bond in
an amount not less than $5,000.00 for each employee, with Surety meeting the
qualifications set forth in Article 13.04 responsible for the handling of
daily Gross Revenues shall be $50,000.00. The form of such Bond(s) shall be
subject to the approval of the Finance Director of the City. Such Bond(s)
shall remain in effect for the entire term of the Agreement.
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ARTICLE 11
Damage or Destruction to Facilities
11.01 If the Facilities are rendered unfit or unusable for the use
and purpose for which this Agreement is granted, without fault on the part
of the Operator, its employees, agents or independent contractors, either
party shall have the option upon thirty (30) days notice in writing to abate
this Agreement. In the event the City is responsible for its Facility being
rendered unfit or unusable, then the Operator in no way waives his right for
liability for damages against the City.
ARTICLE 12
Assignment
12.01 This Agreement shall not be assigned, transferred, pledged or
otherwise encumbered.
ARTICLE 13
Insurance, Indemnification
and Hold Harmless
13.01 Operator shall indemnify and save the City harmless from any
and all claims, liability, losses and causes of actions for bodily injury
and/or property damage caused by the Operator under this Agreement. The
Operator shall pay all claims and losses of any nature whatsoever in
connection therewith, and shall defend all suits, in the name of the City
when applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney fees, which may issue thereon.
13.02 The Operator shall maintain the following insurance during the
term of this Agreement.
(A) Comprehensive General 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 I.
(C) Garagekeepers Legal Liability with limits not less than
$1,400,000 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 $25,000 per occurrence.
(E) Worker's Compensation as required by Florida Statutes, Chapter
440.
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13.03 The Insurance coverage required shall include those
classifications as listed in Standard Liability Insurance Manuals, which
most nearly reflect the operations of the Operator.
13.04 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 be no less than "A" as to
general policyholder's rating and no less than
Class "X" as to financial rating, in accordance
with the latest edition of Best's Key Rating
Guide, published by A. M. Best Company, Inc.
13.05 The Operator shall furnish Certificates of Insurance with the
City named as additional insured for the coverages specified by the City
prior to the commencement of operations hereunder and throughout the term of
this Agreement, which certificates shall clearly indicate that the operator
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.
13.06 Operator shall furnish certificates evidencing renewal or
replacement of required insurance coverages, thirty (30) days prior to
expiration or cancellation. The City reserves the right to reasonably amend
the insurance requirements.
ARTICLE 14
Non —Discrimination
14.01 Operator shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement
with respect to age, sex or physical handicaps (except where based on a
bonafide occupational qualification), or because of race, color, religion,
national origin or ancestry.
14.02 Operator, for himself, his personal representatives and
successors in interest, as a part of the consideration hereof, does hereby
covenant and agree that (1) no person on the grounds of race, color, sex or
national origin shall be excluded from participation in the Facility, denied
the benefits of the Facility, or be subjected to discrimination in the use
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of said Facilities, (2) and, that in the furnishing of services herein, no
person on the ground of race, color, sex or national origin shall be
excluded from participation in the Facility, denied the benefits of the
Facility or otherwise be subjected to discrimination.
ARTICLE 15
Vacating at Termination
15.01 The Operator shall surrender up and deliver the Facilities to
the City at the termination of this Agreement, and shall remove all of its
personal property forthwith. Any personal property of the Operator not
removed in accordance with this Article shall be removed by the City and
stored at the cost of the Operator. Failure on the part of Operator 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.
15.02 At termination of this Agreement, the City shall take
inventory jointly with Operator and shall assume responsibility for all
vehicles then parked in the Facilities so vacated by the Operator and all
parking fees accrued for any such vehicle shall not be subject to the
Management Fee contained in Article 5.01.
ARTICLE 16
Notices
16.01 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: City Manager
City of Miami
P. 0. Box 330708
Miami, Florida 33133
To the Operator: Director
Department of Off -Street Parking
190 NE 3rd Street
Miami, Florida 33132
ARTICLE 17
Successor Clause
17.01 The terms and conditions of this Agreement shall be binding
upon, inure to the benefit of, and be enforceable by the respective
successors or assigns of the parties hereto.
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ARTICLE 18
Cost of Litigation
18.01 In the event of litigation between the parties hereto, the
cost of such litigation, including attorneys fees, shall be borne by the
losing party.
ARTICLE 19
Alteration of Agreement
19.01 No provisions of this Agreement may be changed, waived,
discharged, or terminated orally, but in writing signed by all parties
hereto.
ARTICLE 20
Severability
20.01 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed by their appropriate officials, as of the date first above
written.
REVIEWED BY:
APPROVED AS TO FORM AND CORRECTNESS:
Jose R. Garcia —Pedrosa, City Attorney
INSURANCE APPROVED BY:
Donald C. Dunlap, Risk Management
APPROVED AS TO CONTENT:
Donald W. Cather, , Project Manager
CITY OF MIAMI, FLORIDA
A Municipal Corporation in the
State of Florida
By:
Howard V. Gary, City Manager
Attest:
Ralph G. Ongie, City Clerk
SEAL
OPERATOR
DEPARTMENT OF OFF—STREET PARKING
of the City of Miami, Florida
By:
Roger M. Carlton, Director
Attest:
Secretary
SEAL
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