PARKING SERVICES AGREEMENT717
SEVEN ONE SEVEN
PARKING ENTERPRISES
PARKING SERVICES AGREEMENT
This PARKING SERVICES AGREEMENT (the "Agreement ") is made and
entered into as of the 25th day of March, 2016, by and between Seven One Seven Parking Services, Inc.,
1523 North Franklin Street, Tampa, Florida 33602 ( "717 Parking ") and Clearwater Marina Parking Lot
(30), 25 Causeway Boulevard (the "Customer "). 717 Parking and Customer will be referred to collectively
as the (the "Parties ").
RECITALS
WHEREAS, Customer operates Clearwater Marina Parking Lot 30, (the "Facility ") which is
located at the 25 Causeway Boulevard. (the "Premisesi ");
WHEREAS, 717 Parking provides valet parking, parking consulting and parking management; and
WHEREAS, Customer desires to retain and grant exclusive right to the valet parking services of 717
Parking at the main entrance to the Premises and collect valet parking fees from the general public (the
"Services" or "Valet Services ") and 717 Parking desires to provide such Services.
NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings contained
herein, IT IS HEREBY AGREED AS FOLLOWS:
1. TERM. This Agreement shall have a term commencing April 1, 2016, and ending June, 30,
2016 (the "Term ").
2. TERMINATION. In addition to provisions regarding termination described elsewhere in
this Agreement, this Agreement may be terminated as follows:
(a) Default of Either Party. This Agreement shall terminate upon the occurrence of an Event of
Default as defined herein. For purposes of this Agreement, an Event of Default shall occur as follows:
(i) The filing of a voluntary petition in bankruptcy or for reorganization under any
bankruptcy law, or a petition for the appointment of a receiver for all or any substantial portion of the
property of either party hereto, or any voluntary or involuntary steps to dissolve or suspend the corporate
powers of either party unless such steps to dissolve or suspend are promptly removed;
(ii) The consent by either party hereto to an order for relief under the federal bankruptcy
laws or the failure to vacate such an order for relief within sixty (60) days from and after the date of entry
thereof;
(iii) The entry of any order, judgment or decree, by any court of competent jurisdiction, on
the application of a creditor, adjudicating either party hereto as a bankrupt, or to be insolvent, or approving a
petition seeking reorganization or the appointment of a receiver, trustee or liquidator of all or a substantial
part of such party's assets, if such order, judgment or decree shall continue unstayed in and in effect for any
period of sixty (60) days;
A04 -00232 /181898/1] Page 1
(b) Notwithstanding the foregoing, it is expressly understood and agreed that either party
shall have the right to terminate this Agreement in the event the other party has engaged in an act or omission
constituting a material breach of any term specified herein, if said failure has been called to the attention of
the responsible party in writing via certified mail and that party has not corrected said failure within thirty
(30) days of receipt of written notice, then the non - defaulting party shall thereupon have the right to cancel
and terminate the Agreement with thirty (30) days written notice via certified mail to the defaulting party.
3. RENEWAL. At the expiration of the term of this Agreement it shall automatically be
renewed on a month -to -month basis, unless either party hereto should elect to terminate this Agreement by
delivery of written notice to the other party not less than ten (10) days prior to the end of the month term.
4. SCOPE OF SERVICE. 717 Parking will utilize a designated portion of the Marina Parking
Lot and provide valet parking service at the Clearwater Beach Marina. 717 Parking will provide valet
parking service for all patrons of the Clearwater Beach Marina that pay the determined valet parking rate set
by the Customer and 717 Parking detailed herein.717 Parking will charge guests and patrons of the
Clearwater Beach Marina at the following rates for valet parking services at the Marina Parking Lot:
0 -4 Hours Validated: $6.00
0 -4 Hours Non - Validated: $26.00 (includes $20 penalty)
4 -8 Hours Validated: $12.00
4 -8 Hours Non - Validated: $32.00 (includes $20 penalty)
Overnight 24 Hours: $50.00
717 Parking will collect the valet parking fees above and provide an accounting of all vehicles parked at the
Premises.
5. SERVICE AREA AND RESERVED PARKING SPACES. 717 Parking will operate the
valet parking service from a designated area within the Marina Parking Lot, as defined in Exhibit A herein
(the "Designated Spaces "). Customer will guarantee 717 Parking secured and assigned parking spaces, as
detailed in Exhibit A, at no cost to 717 Parking and will identify these spaces as "valet parking only" during
the operating hours of the valet parking service. 717 Parking will utilize only the Designated Spaces in its
provision of parking valet services. Customer shall be solely responsible for routine maintenance of the
Designated Spaces and payment to 717 Parking, as detailed herein, for its provision of parking valet services.
6. PERSONNEL. 717 Parking shall provide adequate personnel to furnish its services
described herein. Such personnel shall comply with all rules and regulations of Customer related to guests,
invitees and other individuals working at or visiting the Premises. 717 Parking will provide permanent
staffing for the fixed weekly schedule at Premise as follows:
A04 -00232 /181898/1] Page 2
Valet Parking Service will be provided according to the following schedule:
Valet Service Monday - Sunday:
Valet Attendant
Valet Manager
Monday- Sunday
Valet Hours
6:OOAM — 1:OOAM
# of Valets
02 -05 Valet Attendants
Manager Hours # of Managers
Varies (40 Hours Per Week) 01 Valet Manager
Valet attendants can accept gratuities or tips from visitors at the Premises. Any increase or overages in
permanent staffing for the fixed weekly schedule at Premise, as defined above, will be at a rate of $13.99 per
hour / per Valet Attendant, and $13.99 per hour/ per Manager to Customer. Any changes to the fixed, weekly
schedule of the valet parking service shall be agreed upon by 717 Parking and Customer in writing, prior to
the implementation of any change to the fixed, weekly scheduled detailed above.
Customer expressly acknowledges that 717 Parking's obligations in connection with the
management, operation and promotion of the valet parking operations at the Premise and employment of
persons in connection therewith, do not include the retention of service, supervision, or furnishing of
personnel in connection with the security of employees, tenants, customers or other persons within and about
the Premises. 717 Parking does not have knowledge or expertise as a guard or security service and does not
employ personnel for that purpose nor do 717 Parking's employees undertake the obligation to guard or
protect customers against the intentional acts of third parties. Customer shall determine, at its discretion,
whether and to what extent any precautionary warnings, security devices or security services may be required
to protect patrons in and about the Premises.
Customer and 717 Parking agree that, during the term of this Agreement, all personnel employed by 717
Parking to provide valet parking or special event parking services hereunder shall be the employees of 717
Parking and shall have no contractual relationship with Customer. In addition, Customer agrees that, during
the term of this Agreement, it shall not enter into any negotiations, communications, or other actions which
have as their intended consequence to induce any such person employed by 717 Parking to enter the employ
of Customer in any capacity whatsoever; provided, however, if 717 Parking agrees to such hire, then 717
Parking shall be reimbursed for the loss of such employee in an amount equal to sixty (60 %) of the such
employee's compensation for the preceding twelve month period.
7. UNIFORM. 717 Parking shall be responsible for providing, at its sole cost and expense, all
of the following:
• One (1) Locking Valet Podium cabinet for vehicle keys
• One (1) Valet/directional sign, the content and design of which shall be subject to the prior approval
from the Customer (which approval shall not be unreasonably withheld)
• Any additional signage reasonably required by the Customer, shall be provided at the Customer's
cost and expense
• 4 -Part Valet Claim Ticket
• Up to ten (10) Traffic Cones
• Uniforms
The standard summer uniform consists of a blue, short- sleeved pilot shirt with the 717 Parking's logo over
the left breast pocket. khaki shorts, white socks and white tennis shoes. The standard winter uniform consists
A04 -00232 /181898/1] Page 3
of a blue, short- sleeved pilot shirt with the 717 Parking's logo over the left breast pocket, khaki pants, jacket,
white socks and white tennis shoes. 717 Parking uniforms or attire while providing valet parking services to
Customer.
8. LICENSES OR PERMITS. N /A.
9. INSURANCE. 717 Parking shall, at its own cost and expense, acquire and maintain (and
cause any sub - contractors, representatives or agents to acquire and maintain)during the term with the City,
sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained
with a carrier having an AM Best Rating of A -VII or better.717 Parking's insurance policies, as described
herein, will carry an SIR and deductible program that is approved by the State of Florida. Such deductibles
and SIRs shall not exceed $25,000.
Specifically, 717 Parking must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can
be obtained on a claims -made basis with a minimum four (4) year tail following the termination or expiration
of this Agreement:
The following insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance coverage, including but not limited to, premises operations,
products /completed operations, products liability, contractual liability, advertising injury, personal injury,
death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
Unless waived by the State of Florida and proof of waiver is provided to the City, Statutory
Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and
Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000
(five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of
Florida.
GARAGE KEEPER'S LEGAL LIABILITY INSURANCE
Garage Keeper's Legal Liability Insurance coverage, including but not limited to, damages such as
bodily injury, property damage and expenses in the minimum amount of $1,000,000 (one million dollars) per
occurrence.
EXCESS POLICY OR UMBRELLA
An excess policy or umbrella may be used to cover limits over and above Commercial General
Liability.
OTHER INSURANCE PROVISIONS
Upon approval of this Agreement by City Council, and then annually upon the anniversary date(s) of
the insurance policy's renewal date(s) for as long as this Agreement remains in effect, 717 Parking will
furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the
Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City
as an "Additional Insured." In addition when requested in writing from the City, 717 Parking will provide
the City with certified copies of all applicable policies. The address where such certificates and certified
policies shall be sent or delivered is as follows:
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City of Clearwater
Engineering Department
Attn: Parking Manager
P.O. Box 4748
Clearwater, FL 33758 -4748
1. 717 Parking shall provide thirty (30) days written notice of any cancellation, non - renewal,
termination, material change or reduction in coverage.
2. 717 Parking's insurance as outlined above shall be primary and non - contributory coverage
for 717 Parking's negligence.
3. 717 Parking reserves the right to appoint legal counsel to provide for 717 Parking's defense,
for any and all claims that may arise related to Agreement, work performed under this Agreement, or
to 717 Parking's design, equipment, or service. 717 Parking agrees that the City shall not be liable to
reimburse 717 Parking for any legal fees or costs as a result of 717 Parking providing its defense as
contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and the City's failure to request evidence of this insurance shall not be construed as a
waiver of 717 Parking's (or sub - contractors, representatives, or agents) obligation to provide the insurance
coverage specified.
10. INDEMNITY. 717 shall, at its own cost and expense, defend, indemnify and hold
Customer harmless from and against any and all actions, costs, losses, expenses and /or damages sustained by
Customer by reason of claims of third parties and attributable to the negligence or willful misconduct of 717
or any of its agents, servants or employees, including, without limitation, bodily injury and property damage
as they relate to the duties and operations so described in this Agreement. 717 Parking shall provide notice to
valet parking customers that automobiles parked by 717 Parking will not be delivered without the surrender
of the customer's claim ticket. Neither 717 Parking nor its employees, officers, directors, owners and its
affiliates ( "717 Parking's Affiliates ") shall be responsible for fire, theft, damage to or loss of such
automobile or any articles left therein, except for when such damage or loss is due to its own negligence.
Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the
Customer may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes.
11. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that 717 Parking
is an independent contractor of the Customer. All personnel provided by 717 Parking to furnish the services
contemplated hereunder are employees of 717 Parking and not the Customer. Any and all compensation and
other benefits provided to such personnel, as well as all- appropriate withholding and other taxes shall be the
sole responsibility of 717 Parking.
12. PATRON COMPLAINTS. If Customer receives any complaints from its patrons
regarding 717 Parking's services, representatives of 717 Parking and Customer shall discuss such complaints.
Compensation, if any, to be paid to such patron by 717 Parking shall be determined at such time. 717 Parking
shall have authority to settle any and all complaints, only after consulting with Customer, and it is understood
that 717 Parking has no authority to speak on Customer's behalf in resolving patron complaints.
13. NOTICES. Any notice or communication required to be provided hereunder shall be in
writing and shall be provided by mailing the same to the other party by U.S. registered or certified mail, with
return receipt requested, addressed as follows:
A04 -00232 /181898/1] Page 5
To 717 Parking: Seven One Seven Parking Services, Inc.
Attn. Jason Accardi, President
1523 North Franklin Street
Tampa, Florida 33602
To Customer:
City of Clearwater
Attn. Charles Eric Wilson Sr.
100 South Myrtle Avenue
Clearwater, Florida 33756
or to such other addresses as may be designated by written notice served as described above. Any notice shall
be deemed served on the date that it is actually delivered or delivery is refused.
14. TERMS BINDING ON SUCCESSORS. This Agreement shall be binding upon and shall
inure to the benefit of the parties and their successors, assigns, and representatives. Notwithstanding the
foregoing, this Agreement may not be assigned by either party without the prior written consent of the other
party.
15. AMENDMENT. This Agreement represents the entire understanding and agreement of the
parties hereto. No modification or amendment of the terms and conditions of this Agreement shall be
enforceable unless the modification or amendment is in writing and signed by parties hereto.
16. MERGER. This Agreement contains the entire agreement between the parties hereto, and
no representations, inducements, promises, or agreements, oral or written, between the parties not embodied
herein, shall be of any force or effect.
17. DEFAULT. In addition to the termination remedy provided above, a default hereunder shall
subject the defaulting party to damages, as determined by a court of competent jurisdiction in the State of
Florida. In addition, in connection with any litigation arising out of or related to this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party.
18. HEADINGS. The headings used in this Agreement are inserted only as a matter of
convenience and in no way define, limit or describe the scope of this Agreement or the intent of any
provision.
19. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall
lie exclusively in Pinellas County, Florida.
20. FORCE MAJEURE. If it shall become impossible on account of the occurrence of a Force
Majeure for 717 Parking to fulfill its obligations under this Agreement, 717 Parking shall be excused from
the performance of such obligations for the period that such performance is impossible. The term "Force
Majeure," as used herein, shall include: (1) fire, earthquake, flood, tornado, acts of God, strikes or other labor
disturbances by Customer's employees beyond the reasonable control of 717 Parking, riot or civil
commotion, failure of power, restrictive government laws or regulation, court order, insurrections, war or any
other matter or situation of a like nature (including hostility, with or without formal declaration of war); (2)
any law, regulation or order of any government authority prohibiting the ingress to or egress from the
Premises or any restriction of such ingress and egress on account of street construction or repairs, provided
such events were not reasonably foreseeable by 717 Parking at the time it entered into this Agreement. In the
event such Force Majuere event continues uninterrupted for a period of thirty (30) days, 717 Parking may
immediately terminate this Agreement by providing Customer with written notice.
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21. PAYMENT FOR SERVICES. 717 Parking will manage the valet parking service for
Customer in accordance with the financial information below.
717 Parking will charge Customers guests and patrons at the Clearwater Beach Marina and its restaurants at
the following rates for valet parking services at the Premises:
0 -4 Hours Validated: $6.00
0 -4 Hours Non - Validated: $26.00 (includes $20 penalty)
4 -8 Hours Validated: $12.00
4 -8 Hours Non - Validated: $32.00 (includes $20 penalty)
Overnight 24 Hours: $50.00
Per Hour Per Attendant with Revenue Share of Net Parking Receipts
717 Parking will charge, collect and retain in its own bank account, the proposed or agreed upon
valet parking rates and deposit all revenue generated from valet parking fees for valet parking at the
Designated Spaces at the Clearwater Marina. 717 Parking proposes to operate under a Per Hour Per
Attendant agreement. 717 Parking would provide all inclusive management of the valet parking services of
the facility under the following proposed All- Inclusive Hourly Billable Rates:
POSITION
HOURLY RATE
WEEKLY HOURS*
WEEKLY COST*
Site Manager
$ 13.99
40.00
$ 559.60
Valet Attendant
$ 13.99
335.00
$ 4,686.65
TOTAL _
375.00
$5,246.25
There are no other charges or hidden costs to the City of Clearwater. You are only billed for actual
hours worked. Total labor hours, operating hours and staff schedule may be modified, reduced or increased at
any time by the City of Clearwater to accommodate budget, volume or for other reasons.
Excess Revenue Share
717 Parking would bill, on a bi- weekly or monthly basis, the above billable rates based on the actual
hours staffed. 717 Parking would offset the bi- weekly or monthly billable expenses with revenue collected
from the valet parking operation. Excess revenue above the bi- weekly or monthly billable expense will be
split between 717 Parking and the City of Clearwater as shown below:
City of Clearwater: 90%
717 Parking: 10%
Amounts due, which are referenced in the invoices, are due within ten (10) days from Customer's receipt of
such invoice.
A04 -00232 /181898/1] Page 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 251 day of March
2016
BY: 717
BY: City of Clearwater
Seven One Seven Parking Services, Inc. City of Clearwater
is President
By: L) .QC :t gt UQTJ
'
William B. Horne II, its City Manager
A04 -00232 /181898/11 Page 8
Scale 1" = 40'
This is not a survey
EXHIBIT "A"
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CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
Lee Cheek
CHECKED BY
Clearwater Marina Valet Parking Concept
oNO NO.
SHEET
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SECT - TWNSP -RNG 08 - 29 - 15
DATE DRAWN 3/17/16 /�