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Home My WebLink AboutOIG No. 23-20 Public Records Compliance Review of Trolley Ridership Video RetentionPage 1 of 2 Joseph M. Centorino, Inspector General TO: FROM: DATE: RE: Honorable Mayor and Members of the City Commission Joseph M. Centorino, Inspector General November 1, 2023 Public Records Compliance Review of Trolley Ridership Video Retention OIG No. 23-20 BACKGROUND This public records contract compliance review was conducted as a result of a separate OIG Inspection (OIG No. 23 11) to determine the accuracy of reported ridership figures for the City’s free trolley service, a summary of which is provided below as background to this report. The prior report included an analysis of ridership data presented to the City by the contractor responsible for operating its trolley system, Limousines of South Florida, Inc. (LSF). Additional data was received from a subcontractor hired by LSF at the direction of the City, TSO Mobile by Tracking Systems Corp. (TSO Mobile). TSO Mobile is responsible for the installation and maintenance of the Automatic Passenger Counters (APCs) on each trolley. The APCs are used to count the number of passengers using the system. LSF also instructed its drivers to manually record the number of riders on each trolley while they were on duty. In discussions with representatives of Transportation America (TA), the parent company of LSF, OIG staff was informed that each trolley is equipped with video cameras positioned inside the vehicle to capture daily images of all passengers entering and exiting each trolley. The video footage is stored on hard drives within the camera system. The OIG auditors planned to conduct the inspection by utilizing available footage from those cameras to count the passengers and then compare their findings with the data compiled by TSO and reported to the City. Despite several requests by the OIG for video footage, the OIG auditors received a limited amount of video footage from the contractor, due to the footage being maintained for up to 15 days. Recordings were provided for nine trolley runs, involving seven individual trolleys, during the week of March 13 through March 18, 2023. OIG staff examined this footage and physically counted each rider entering the sampled trolley, including drivers that periodically exited and entered the trolleys, to determine the total ridership for each trolley run. DocuSign Envelope ID: 4AB87ACB-DD51-4282-89B7-BD35795170C4DocuSign Envelope ID: B163A67B-6447-4E08-BEFC-B2AF58DF6D89 - Page 2 of 2 The corresponding physical counts were then compared to the APC and trolley drivers’ manual counts, which led to the OIG finding significant variances (both positive and negative) between its video counts and both the APC and manual counts for the nine sampled trolley runs. PUBLIC RECORDS ISSUE In a discussion between the OIG and TA as OIG No. 23 11 was concluding, it was stated that the current Agreement with the City requires the storage of video footage for 21 days. This statement was confirmed by an OIG auditor, who located a provision in Amendment #5 Exhibit A to the contract, dated October 26, 2017, which provides that the contractor should equip trolleys with equipment for …recording audio and video and storing recorded data for a minimum of three (3) weeks….Its representatives also stated in their response to the inspection report that two weeks is the maximum storage capacity of the outdated memory card in the system. Following a separate consultation with a First Assistant City Attorney, the OIG was informed that, under the “totality of circumstances” test developed by the Florida Supreme Court, such records created in connection with a City function are likely considered public records pursuant to Chapter 119, Florida Statutes.” According to that attorney, these records may be surveillance records which must be maintained for a minimum of thirty days. While there is a general provision in Amendment #3 Section 8 under Article 2 of the City’s contract with LSF, dated January 14, 2016, requiring the contractor to comply with State of Florida Public Records Law, that provision does not explicitly state the mandated time of records retention for any of the records, which may vary depending on the nature of the particular records involved. While the City’s contractor would have had a good faith basis for its reliance on the three week retention period specified in the October 26, 2017 Agreement (although it kept the records for only 15 days), henceforth it should maintain the records for at least the thirty day period based on the received legal opinion. Joseph M. Centorino, Inspector General Date Mark Coolidge, Chief Auditor Date cc: Alina T. Hudak, City Manager Rickelle Williams, Assistant City Manager Jose R. Gonzalez, Transportation Department Director Nick Mazorra, COO, Limousines of South Florida, Inc. Wendy Diaz, Sr. Technical Support Manager, TSO Mobile by Tracking Solutions, Corp. Rafael Paz, City Attorney Mark Fishman, First Assistant City Attorney DocuSign Envelope ID: 4AB87ACB-DD51-4282-89B7-BD35795170C4DocuSign Envelope ID: B163A67B-6447-4E08-BEFC-B2AF58DF6D89 11/2/2023 | 5:05 PM EDT 11/2/2023 | 5:09 PM EDT GDocuSigned by: ~~ D0FADB7F4F92431... ___________________________________ ________ ____________________________________ ________ - “ ” “ “ ” - - LSPsHUTTLE A TRANSPORTATION AMERICA COMPANY August 22, 2023 Jos ph M. Centorino, Inspector General Sent Via Email The Office of Inspector General Jnst'phC\:ntnnnnra,111 iam ihcal:11 ll .gm City of Miami B each 11 30 Washington A venue 6th Floor Miami Beach, FL 33 l39 Re: L, F Response To Draft OIG Public Records Compliance Review of Trolley Ridership Video Retention -OlG No. 23-xx Dear Mr. Centorino: Limousines of South Florida, Inc. (LSF) thanks the Office of Inspector General (OlG) for the opportunity to respond to the above-referenced Draft OIG Public Records Compliance Review of Trolley Ridership Video Retention -OIG No. 23-xx. LSF notes that this Response follows a prior LSF Response, dated June 21, 2023, to the Draft Trolley Ridership Inspection Report (OIG Report). To the extent that any issues are relevant to th is OIG Report, LSF incorporates that prior submission to this attached Response. As noted previously, L SF remains committed to ensuring that the public record provides a factual and accurate account of the issues disrnssed in the OIG's Inspection Report and the instant OIG Public Records C mplianc Review of the Trolley Ridership Video Retention. In this regard, LSF appreciates the opporturuty provided to ensure that the public record is inclusive ofperspectives from all relevant parties - OIG (a author of the Reports), and the City staff and LSF as parties of the Miami Beach Trolley Program greement. To this end, attached please find LSF's Response to the Draft 01G Public Records Compliance Review of Trolley Ridership Video Retention -OIG No. 23-xx. For purpose of clarity rn the public record, as with LSF's pnor Response, the attached comments are provided within the text of the Draft OIG Report that was provided on August 17, 2023. Specifically, LSF provi des comments Ill Blue Italics Font in response to each paragraph of the JG Draft Report immediately after each paragraph in the Memorandum, so that the 01 can determine which responses will be incorporated into the Final OIG Report. Consistent with Section 2-256, Sub-Section (h) of the Code of the City of Miami Beach, LSF respectfully requ sts that thi complete Response be nonetheless attached to the Final 0 1 Report so that L.' ·' comments Lhat are not incorporated into the 01 Final Report can be available for anyone that wishes to re iew LSF' Re p n e/ omments. lf you have an questions. or require any further information, ple onot hesitate to advise. Attachm nt 2766 NW 62nd Street Miami, Florida 33147 Tel305.265.3302 Fax305.Z65.3303 1 LSF RESPONSE TO DRAFT OIG TROLLEY PUBLIC RECORD S COMPLIANCE REVIEW OF TROLLEY RIDERSHIP VIDEO RETENTION -OIG NO. 23-XX (All LSF Responses/Comments are in Blue Italics Font) For purposes of clarity m the public record. LSF provides comments in Blue lta/1cs Font tn response to each paragraph of the OIG Draft Report immediately after each paragraph m the Memorandum so that the O/G can determme which responses w,/1 be mcorporated into the Fmal OIG Report Consistent with Section 2-256 Sub-Section (h) of the Code ol the City of Miami Beach LSF respectfullv requests that th,s complete Response be nonetheless attached to the Fmal OIG Report so that LSF s comments that are not mcorporated 11110 the O/G Fmal Report can be ava,la/Jle /01 anyone that w1s/1es to review LSF s Response/Comments DRAFT TO: Honorable Mayor and Members of th e City Commission FROM Joseph M. Centorino, Inspector General DATE· August 17, 2023 RE: Public Records Compliance Review of Trolley Ridership Video Retention OIG No. 23-xx BACKGROUND This public records contract compliance review was conducted as a result of a separate OIG Inspection (OIG No. 23-11) to determine the accuracy of reported ri dership figures for the City's free trolley service. a summary of which is provided below as background to this report. LSF Comments (All LSF Comments are in Blue Italics Font) L1mousmes of South Flonda, Inc. (LSF) thanJ.;s the Office of Inspector General {OIG) for the opportunity to respond to the above-referenced Draft O/G Public Records Compliance Review of Trolley R1dersh1p Video Retention -O/G No 23-xx. LSF notes that this Response follows a prior LSF Response dated June 21 2023 to the Draft Trolley Ridership Inspection Report (O/G Report) To the extent that any issues are releva,11 lo this O/G Report. LSF 111corporates that pno, subm1ss1011 to this attached Response As noted previously. LSF remains committed to ensunng thai the public reco1d provides a factual nnd accwate account of the issues discussed 111 tl1e OIG s lnspec/Jon Report and the mstant O/G Public Records Compliance Review of the Trolley Ridership Video Retention In this regard, LSF appreciates the opponumt~ provided to ensure that the public record 1s 111clus,ve of perspectives from all relevant parties-the OIG (as author of the Reports) and the City staff and LSF as parties of the M1am1 Beach Trolley Program Agreement The prior report included an analysis of ridership data presented to the City by the contractor responsible for operating its trolley system, Limousines of South Florida , Inc. (LSF). Additional data was received from a subcontractor hired by LSF at the direction of the City, TSO Mobile by Tracking Systems Corp. (TSO Mobile ). TSO Mobile is responsible for the installation and 1 2 maintenance of the Automatic Passenger Counters (APCs} on each trolley. The APCs are used to count the number of passengers using the system . LSF also instructed its drivers to manually record the number of riders on each trolley while they were on duty. LSF Comments (All LSF Comments are in Blue Italics Font) LSF concurs with this paragraph In discussions with representatives of Transportation America (TA), the parent company of LSF, OIG staff was informed that each trolley is equipped with video cameras positioned inside the vehicle to capture daily images of all passengers entering and exiting each tr lley. The video footage is stored on hard drives within the camera system. The OIG auditors planned to conduct the inspection by utilizing available footage from those cameras to count the passengers and then compare their findings with the data compiled by TSO and reported to the City. LSF Comments (All LSF Comments are in Blue Italics Font) LSF concurs with this pa,agrap/1 Despite several requests by the OIG for video footage, the OlG auditors received limited amount of video footage from the contractor, due to the footage being maintained for up to 15 days. Recordings were provided for nine trolley runs, involving seven ind iv1dua trolleys, during the week of March 13 through March 18, 2023. OIG staff examined this footage and physically counted each rider entering the sampled trolley, including drivers that periodicall y exited and entered the trolleys, to determine the total ridership for each trolley run LSF Comments (All LSF Comments are in Blue Italics Font) As noted ,n the prior Response. and acknowlecfgecl in Paragraph 2 ofthe instant Draft O/G Repo11. the video eqwpmem ,n question was provided by a subcontractor hired by LSF at the direction of the City -TSO Mobile by Trackmg Systems Corp tTSO Mobile) (emphasis added) As such any capacity limitations as to the number of days that th video footage was available was outside of LSF s control as the equipment m question was provided by TSO Mobile which was the vendor that the Cily directed LSF to svb-conlract with Nevertheless. s has been notecl the City and LSF have subsequently agreed lo msta/1 new optional video eqwpment tnal w,1/ be provided by LSF-that will have the capacity to retarn video footage for th,rlv 130) days which 1s consistent with the parameters delineated m this OIG Draft Repon The corresponding physical counts were then compared to the APC and trolley drivers' manual counts. which led to the OIG finding significant variances (both positive and negative) between its video counts and both the APC and manual counts for the nine sampled trolley runs. LSF Comments (All LSF Comments are in Blue Italics Font) LSF concurs with this paragraph, but reiterates the point from the pnor Response that the OIG s lnspect,on Report did not co11clucle the City s trolley riclersh1p f1gvres were inflated In fact it was qwce che oppos,re Ounng tne designated one-week observation penod conducted m March 2023. the OIG found that ndersnIp figures were underreported by almost sixteen percent ( 16%). In other worcJs. dwing the des,gnated one-week period. the Trolley Program transported almost sixteen 2 3 ( 1 b%J more passenge, s than reported by the APC eqwpment LSF respectfully submits that these details are h1ghlV probative. and shou/cl be provided m the text of the OIG s Final Report or aff1>:ed lo the Fmal Report as part of LSF s Response PUBLIC RECORDS ISSUE In a discussion between the OIG and TA as OIG No . 23-11 was concluding, it was stated th at the current Agreement with the City requires the storage of video footage for 21 days. This statement was confirmed by an OIG auditor, who located a provision in Amendment #5 Exhibit A to the contract, dated October 26, 2017, which provides that the contractor should equip trolleys with eq uipment for " . recording audio and video and storing record ed data for a mi nimum of three (3) weeks . .. " Its representatives also stated 1n their response to the inspection re port that two weeks 1s th maximum storage capaci y of the outdated memory ca rd in the system. LSF Comments (All LSF Comments are m Blue Italics Font) LSF generally concurs with th,s paragraph but reiterates that any capacity lim1tat1ons as to the numbe, of days that th video footage m question was available was outside of LSF s control as the eqwpment in question was provided b_y TSO Mobile. which was the vendor that the C/ly dtrectec/ LSF to sub-contract with Nevertheless as llas been noted. the Ctty ancl LSF have subsequently agreed lo msta/1 new opt,onal video eqwpmen/ that w,/f be provided by LSF that will have the capacity to retain vtdeo footage fo1 thirty (30) days. wh,c/7 ,s cons,stenl with the paramete, s delineated in this O/G Draft Report Following a separate consultation with a First Assistant City Attorney, the OIG was informed that. under the "totality of circumstances" test developed by t e Florida Supreme Court, "such records created in connection with a City function are li kely considered public records pursuant to Chapter 119, Florida Statutes " According to that attorney, these record s "may be survei llance records which must be maintained for a minimum of thirty days." LSF Comments (All LSF Comments are in Blue Italics Font) LSF offers no opm1on al this tm1e as to the legal mterpretat,on of the First Assistant City Attorney as to the scope oi the Florida Public Records Act. Chapter I 19 of the Flonda Statutes However. as has been stated the City and LSF have subsequently agreed to install new optional video eqwpment that will be provided by LSF tl1at will have the capacity to retain video footage for th111y (30) days wh1cl1 1s consistent with the parameters delineated m thrs OIG Draft Report rega1d/ess of whether LSF s counsel agrees or disagrees with the City s legal optnion Although there is a general provision in Amendment #3 Section 8 under Article 2 of the City's contract with LSF, dated January 14, 2016, requiring the contractor to comply with State of Florida Public Records Law, that provision does not explicitly state the mandated time of records retention for any of the records. which may vary depending on the nature of the particular records involved . LSF Comments (All LSF Comments are in Blue Italics Font) LSF concurs with this parag1 aph 3 4 While the City's contractor would have had a good faith basis for its reliance on the th ree-week retention period specified in the October 26, 2017 Agreement (although It kept the records for only 15 days), henceforth it should maintain the record s for at least the thirty-day period based on the received legal opinion LSF Comments (All LSF Comments are in Blue Italics Font) As noted previously LSF does nor opm1c. at this time as to the legal mterpretat1onlopm1on of the First Assistant C,ry Attorney as to the scope of the Flonda Public Records Act Chapter 119 of the Flonda tatute Howeve, as has been stated, the Ctty and LSF have subsequently agreed to mstall new optional video eq111pment that wlff oe provteled by LSF that will have the capacity to re/am video footage fo, thirty 130) days which 1s consistent with the parameters de/mealed m this OIG Draft Report. regardless of whether LSF s counsel agrees or disagrees with the City s legal opinion. Joseph M. Centorino Inspector General Date Mark Coolidge. Chief Auditor Date cc: Alina T. Hudak, City Manager Rickelle Williams, Assistant City Manager Jose R. Gonzalez, Transportation Department Director Nick Mazorra, COO, Limousines of South Florida, Inc. Wendy Diaz, Sr. Technical Support Manager, TSO Mobile by Tracking Solutions, Corp. Rafael Paz, City Attorney Mark Fishman, First Assistant City Attorney 4 TO: Joseph M. Centorino, Inspector General FROM: José R. González, P.E., Director, Transportation and Mobility Department DATE: October 4, 2023 SUBJECT: Office of the Inspector General (“OIG”) Draft Report Public Records Compliance Review of Trolley Ridership Video Retention OIG No. 23-20 The City Administration (“Administration”) has completed a review of the Office of the Inspector General s (“OIG”) Draft Report entitled Public Records Compliance Review of Trolley Ridership Video Retention (“OIG No. 23 xx”) which follows a prior OIG report entitled Trolley Ridership Inspection Report (OIG No. 23 11 ). To the extent that any issues identified in OIG No. 23 xx are relevant to OIG No. 23 11, the Administration incorporates its prior comments to this response. The Administration remains committed to ensuring the integrity of the public record with regard to the retention of video footage from the closed circuit television (“CCTV”) cameras on board the trolley vehicles used for the operation of the Miami Beach Trolley service. The existing CCTV camera and hard drive equipment installed in each trolley vehicle is outdated by current industry standards and does not have the capacity to retain more than about 15 days of video footage. The Transportation and Mobility Department is working with the trolley contractor, Limousines of South Florida, Inc. (“LSF”) to upgrade all CCTV cameras and hard drives on board all City trolley vehicles as expeditiously as possible to ensure that video footage can be maintained for a minimum of 30 days pursuant to the interpretation of the City Attorney’s Office of Chapter 119, Florida Statutes. LSF anticipates the new upgraded equipment will be installed on all City trolley vehicles and fully operational by November 30, 2023. Hence, from that date forward, all trolley video footage will be maintained for a minimum of 30 days. The Administration appreciates the opportunity to comment on OIG No. 23 xx. Please feel free to contact me or José R. González, P.E., Transportation and Mobility Director, at josegonzalez@miamibeachfl.gov if you have questions or require further information. cc: Alina T. Hudak, City Manager Rafael Paz, City Attorney Eric T. Carpenter, P.E., Deputy City Manager Rickelle Williams, Assistant City Manager José R. González, P.E., Director, Transportation and Mobility Department Nick Mazorra, Chief Operating Officer, LSF Mark Coolidge, Chief Auditor DocuSign Envelope ID: 7A5CB8CA-7AE3-44FD-A847-90B5E3D5FC5CDocuSign Envelope ID: B163A67B-6447-4E08-BEFC-B2AF58DF6D89 BEACH MEMORANDUM -- - – ’“ ” -“ ”“ -” - - - -