Miami-Dade Clerk of Courts Agreement with City of Miami Beach •
2021 311 a
'JUL 302021
AGREEMENT
THIS INTERLOCAL AGREEMENT ("AGREEMENT') is made and entered into as of this
day of a)L7 ,2-0Z1 , by and between the Miami-Dade Clerk of Courts, ("CLERK") and the City of
Miami Beach,a municipal corporation under the State of Florida,("CITY").
WITNESSETH:
WHEREAS,the Miami-Dade County Clerk's Office is vested with the intergovernmental jurisdiction
to manage the Parking Violations Bureau, which oversees the collection and disbursement of parking
violation revenues;and
WHEREAS, the Florida Interlocal Cooperation Act (Section 163.01, Florida Statutes) authorizes
public agencies to enter into agreements with other public agencies by which services and equipment are
shared and financial support related to such services and equipment is allocated between such public
agencies.
• WHEREAS, in order to capture revenue lost due to illegibility or issue error, as well as to enhance
productivity, scofflaw and stolen vehicle enforcement, and to ensure the public a uniform process for the
payment and appeal of parking citations, the CLERK, in coordination with all Miami-Dade County cities,
has served as a catalyst in the procurement of a Digital Parking Citation Issuing System;and
WHEREAS, the CLERK has established a Uniform Digital Parking Citation Issuing System
(hereinafter referred to as the "SYSTEM") for use by the Office of the Clerk (Parking Violations Bureau);
and
WHEREAS, the CITY, pursuant to an Interlocal Agreement authorized pursuant to the Florida
Interlocal Cooperation Act and entered into with the CLERK on July 7, 2006, agreed to participate in the
SYSTEM,which was successfully deployed and has been operational since such date;and
WHEREAS, the existing SYSTEM operates on a 3G technology platform that will no longer be
operational as of November 30, 2021, and, as such, the existing handheld devices used as part of the
SYSTEM will become obsolete as of such date; and
•
WHEREAS, the CLERK has entered into an agreement with Duncan Parking Technologies, Inc.,to
procure new handheld devices that operate on a 5G technology platform that will permit for continued
operation of the SYSTEM;and
WHEREAS, the CITY desires to continue to be a part of the CLERK'S Uniform Digital Parking
Citation Issuing System; and
WHEREAS, the CLERK and the CITY both endeavor to provide the citizens with the best possible
parking enforcement services supported by cutting edge technology;and,
NOW,THEREFORE, for and in consideration of the mutual covenants herein contained,the CLERK
and the CITY do hereby agree to fully and faithfully abide by and be bound by the following terms and
conditions:
ARTICLE ONE
Responsibilities of the CLERK
The CLERK agrees to:
1. Maintain a Countywide Digital Parking Citation Issuing System, which will include all of the
equipment listed in ATTACHMENT A and any upgrade to those items listed.
2. Make satisfactory arrangements to ensure that the components of the SYSTEM listed in
ATTACHMENT A and any upgrade thereto will be serviced when necessary.
3. Provide trained and qualified personnel to operate the SYSTEM at the Parking Violations Bureau
and provide support to the municipalities on a seven (7) days a week, 12 hours a day basis (7 A. M. -7 P.
M.).
4. Designate a person (hereinafter referred to as "Project Manager") who will be responsible for
handling contract administration for the SYSTEM,administer the SYSTEM and handle all issues arising out
of, under, or in connection with the SYSTEM, including but not limited to: processing change orders and
modifications to the contract; coordinating implementation, installation and maintenance of all equipment
necessary to the satisfactory operation of the SYSTEM;and addressing all business and technical issues.
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{
{ ARTICLE TWO
Responsibilities of THE CITY
The CITY agrees to:
1. Accept from the CLERK and utilize the equipment detailed in ATTACHMENT A and any
upgrade thereto, which equipment and system will enable the CITY to issue parking citations and transmit
and receive parking citation related information.
2.Maintain all functional records and accounts that relate to the SYSTEM(including but not limited
to system and officer login and logout, starting and ending citation for each officer and shift, citation
transmittal sheets, and data upload and download records) in accordance with Generally Accepted
Accounting Principals (GAAP) and provide the CLERK access to said accounts and records for auditing
purposes for the duration of the AGREEMENT.
{ 3. Utilize and operate the SYSTEM and participate in the program as instructed by the CLERK and
as fully as possible during the terms of this AGREEMENT. The CITY shall care for and protect all
equipment issued by the CLERK for which the CITY receives custody.
4. Notify the CLERK immediately regarding the mechanical failure of any components of the
SYSTEM.
5. Accept the CLERK's authority and responsibility for administering the contract on behalf of the
CITY with the Contractor, and let the CLERK, or his designee, act as the Project Manager who will be the
CLERK's and the CITY's technical representative for the SYSTEM.
6. To pay for the cost of any interface or application not supported by the SYSTEM. The
implementation and use of any interface or application will be at the Clerk's sole discretion.
ARTICLE THREE
Cost Recovery
As authorized pursuant to Section 163.01(5)(d) the Florida Interlocal Cooperation Act, the CLERK
and the CITY have agreed to the manner in which the parties to this AGREEMENT will provide from their
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treasuries the financial support necessary to operate and maintain the SYSTEM. The CITY hereby
authorizes the CLERK to deduct a COST RECOVERY FEE from the CITY equaling one dollar and twenty-
five cents($1.25)per each citation issued by the CITY and processed through the SYSTEM,for the purpose
of cost recovery by the CLERK for administration of the SYSTEM. The CLERK will commence collecting
said COST RECOVERY FEE upon the CITY's receipt and use of the equipment described in
ATTACHMENT A. Citations issued by the CITY which are voided within twenty-one(21)days of issuance
will not be charged a COST RECOVERY FEE by the CLERK.
ARTICLE FOUR
Financing
As stipulated in Article One,Responsibilities of the CLERK,the CLERK will make all the necessary
arrangements to acquire the SYSTEM. Included in the acquisition will be all of the items described in
ATTACHMENT A and any upgrade thereto.
ARTICLE FIVE
Right to Offset
If the CITY fails to meet any of its obligations as set forth in this AGREEMENT and as determined
by the CLERK,and the CLERK incurs costs,expenses or damages as a result of such failure,the CLERK,
reserves the right to offset said costs,expenses or damages from any sums due the CITY from any parking
ticket revenue source in an amount equal to the CLERK's costs,expenses and damages,as determined by the
CLERK,but subject to the provisions of Article Eight.
ARTICLE SIX
Cancellation
A. If the CLERK determines,in its sole discretion,to discontinue the PROGRAM in whole or in
part, then the CLERK shall have the right to cancel this AGREEMENT, without penalty or stated cause,by
providing the CITY sixty(60) days advance written notice via certified mail. Furthermore, the CITY shall
have the right to cancel this AGREEMENT without stated cause by providing the CLERK sixty(60) days
advance written notice via certified mail. The CITY will return the equipment described in ATTACHMENT
A to the CLERK within thirty(30)days of any such cancellation.
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B. If the CITY cancels or terminates this AGREEMENT, for any reason, the CITY will be
responsible for the payment of a CANCELLATION FEE to the CLERK equal to the "Total Equipment
Cost"described in ATTACHMENT A;provided,however,that upon the first day of each subsequent month
from the effective date of this AGREEMENT,the CANCELLATION FEE shall be automatically reduced by
one twenty-fourth(1/24`h)from the initial CANCELLATION FEE.
ARTICLE SEVEN
Correspondence
It is understood and agreed that any official notices that result from or are related to this
AGREEMENT must be in writing and shall only be considered delivered when done so by certified mail to:
THE CITY CLERK OF COURTS
CITY OF MIAMI BEACH,FLORIDA PARKING VIOLATIONS BUREAU
1755 Meridian Avenue,Ste.200 22 N.W. 1st Street,4th Floor
Miami,Beach Florida 33139 Miami,Florida 33128
Attn: Monica Beltran Attn: John Suarez
ARTICLE EIGHT
Settlement of Disputes and Venue
The parties agree that the CLERK shall be the administrator of this AGREEMENT and shall decide
all questions, difficulties and disputes, of whatever nature, which may arise under or by reason of this
AGREEMENT and the rendering of services and performance of obligations hereunder, and the CLERK'S
decisions hereunder shall be binding upon the parties hereto. Nothing contained in this AGREEMENT
prevents either party from seeking satisfaction through a court of competent jurisdiction, provided that the
administrative remedy of petitioning the CLERK is first exhausted. The laws of the State of Florida shall
govern this AGREEMENT and venue shall be proper exclusively in the 11th Judicial Circuit of Florida
(Miami-Dade County).
ARTICLE NINE
Terms of the Agreement
The duration of this AGREEMENT shall be for an initial period of two (2) years unless the
AGREEMENT is terminated by the CLERK in its sole discretion. All of its terms and conditions shall
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remain in full force and effect until such time that the AGREEMENT is terminated or modified by mutual
consent.
ARTICLE TEN
Assignments
The CITY's obligations hereunder are not assignable. The CITY shall not assign, transfer, pledge,
hypothecate, surrender, or otherwise encumber or dispose of its rights under the AGREEMENT, or any
interest in any portion of same,without the prior written consent of the CLERK, which consent will not be
unreasonably withheld.
ARTICLE ELEVEN
Complete Agreement
No representations or warranties shall be binding upon either party unless expressed in writing
herein.
ARTICLE TWELVE
Modifications
This AGREEMENT may not be altered,changed or modified except by or with the written consent of
the parties and the CLERK as AGREEMENT administrator.
IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their appropriate
officials,to be effective on the date above first written.
ARTICLE THIRTEEN
Inspector General Audit Rights
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may,on a random basis,perform reviews, audits, inspections and
investigations on all City contracts,throughout the duration of said contracts.This random audit is separate
and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered to
review past, present and proposed City programs, accounts,records, contracts and transactions. In addition,
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the Inspector General has the power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to audit, investigate,
monitor, oversee, inspect and review operations, activities,performance and procurement process including
but not limited to project design,bid specifications,(bid/proposal) submittals,activities of Clerk,its.officers,
agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is
allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the
Office of Inspector General.
C. Upon ten (10) days written notice to Clerk, Clerk shall make all requested records and
documents relating to this AGREEMENT available to the Inspector General for inspection and copying.The
Inspector General is empowered to retain the services of independent private sector auditors to audit,
investigate,monitor,oversee,inspect and review operations activities,performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of Clerk,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with this
AGREEMENT and to detect fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and records in .
Clerk's possession, custody or control which in the Inspector General's sole judgment, pertain to
performance of this AGREEMENT, including, but not limited to original estimate files, change order
estimate files,worksheets,proposals and agreements from and with successful subcontractors and suppliers,
all project-related correspondence, memoranda, instructions, financial documents, construction documents,
(bid/proposal) and contract documents, back-change documents, all documents and records which involve
cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel
records and supporting documentation for the aforesaid documents and records.
E. Clerk shall make available at its office at all reasonable times the records,materials,and other
evidence regarding the acquisition(bid preparation)relating to this AGREEMENT, and performance of this
AGREEMENT, for examination, audit, or reproduction, until three (3) years after final payment under this
AGREEMENT or for any longer period required by statute or by other clauses of this AGREEMENT. In
addition:
i. If this AGREEMENT is completely or partially terminated,Clerk shall make available records
relating to the work terminated until three(3)years after any resulting final termination settlement;and
ii. Clerk shall make available records relating to appeals or to litigation or the settlement of claims
arising under or relating to this AGREEMENT until such appeals,litigation,or claims are finally resolved.
F. The provisions in this section shall apply to Clerk, its officers, agents, employees,
subcontractors and suppliers.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed to
impose any liability on the City by Clerk or third parties.
ATTEST: CITY OF MIAMI BEACH t I ":-: ,�
s IidCORF"CRATEDE
s JUL 3 0 2021.4-7)1f By: j
5_,S\e 4,6r
City Clerk lina T.Hu ak,City Manager
ATTEST: CLERK OF COURTS,
MIAMI-DADE COUNTY,FLORIDA
BY: 1111MI By:
Cler 7• al Counsel Harvey Ruvin,Cl of Courts
•
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
8 1-l�til
City Attorney Qb Dote
•
ATTACHMENT A
(Year 2021 Agreement)
Hardware/Software Inventory
The CITY of MIAMI BEACH
XFI Note 20 Handheld Devices 48
Charger Multiplexer 8
Personal Computer 1 _
Total Equipment Cost $123,793.77
MS Windows 1
•
Autolssue 1
Parkin: Enforcement Mana:ement S tern 1
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7/29/2021 Coversheet
•
Resolutions-C7 U
MIAMI BEACH
COMMISSION MEMORANDUM •
TO: Honorable Mayor and Members of the City Commission •
FROM: Alina T.Hudak,City Manager
DATE: July 28,2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY AND MIAMI-DADE CLERK OF COURTS FOR THE UPGRADE OF THE
COMPUTERIZED PARKING TICKET ISSUING SYSTEM, FOR A TERM OF TWO (2) YEARS, COMMENCING ON
THE EXECUTION DATE OF THE AGREEMENT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
•
Miami-Dade County's Parking Violations Bureau(PVB)is a County agency operated through the Clerk of the Courts Office(Clerk)
responsible for the collection, processing, and adjudication of parking fines for all municipalities in Miami-Dade County. Their
functions include accounting and processing of all parking citations;adjudication through the Clerk of the Courts;and collection and
disbursement of revenues derived from parking fines.
In coordination with all Miami-Dade County municipalities, the County spearheaded an effort to acquire a computerized parking
ticket issuing system. The City's Parking Department has utilized this system since its inception,and it has been a very useful tool
in our parking enforcement operations.
PVB has informed the City that the current system is still operating on a 3G technology platform that will no longer be operational
as of November 30,2021.As such,the handhelds currently being used need to be replaced.
The Clerk has entered into an agreement with Duncan Technologies, Inc.to procure new handheld devices that operate on a 5G
technology platform.
The Interlocal Agreement, attached hereto as Exhibit "A", is required to continue to be a part of PVB's Uniform Digital Parking
Citation Issuing System.This agreement authorizes the Clerk to charge the City a fee of$1.25 per citation issued during the two
(2)year term of the agreement, as a cost recovery effort and to provide the financial support needed to operate the system. In
2019 the County increased parking fines, resulting in higher citation revenues to the City. The proposed charge is off-set by the
increased parking citation revenue and would be deducted from the revenue transmitted to the City on a monthly basis.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey show that 61.5%of residents rated the availability of on-street Parking in Miami Beach as
too little.
CONCLUSION
The execution of this Inter-local Agreement between the Miami-Dade Clerk of Courts and the City will continue the current service
levels and provide citizens with the best possible parking enforcement services supported by state-of-the-art technology. The
Administration recommends that the Mayor and City Commission approve the Inter-local Agreement and authorize the City
Manager and City Clerk to execute the Agreement.
Applicable Area
Citywide
Is this a"Residents Right to Does this item utilize G.O.
Know"itern,pursuant to Bond Funds?
_CityCode Section 2-14?
Yes No
Strategic Connection
https://miamibeach.novusagenda.com/agendapubliclCoverSheet.aspx?ItemID=22775&MeetinglD=931 1/2
7/29/2021 Coversheet
Non-Applicable
Legislative Tracking
Parking
ATTACHMENTS:
Description
0 Resolution. •
0 Interlocal Agreement
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