Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agreement
1 7/311� AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this �_' day of g� by and between the Miami -Dade Clerk of Courts, (hereinafter referred to as the "CLERK ") and the CITY OF MIAMI BEACH, a municipal corporation under the State of Florida, (hereinafter referred to'as the "THE 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, in order to capture revenue lost due to illegibility or .issue error,. as well as to enhance productivity, scofflaw and stolen vehicle enforcement, the Clerk's Office, in coordination with all Miami -Dade County cities; has served as a catalyst- in the procurement of a Computerized Parking Ticket - Issuing System; and WHEREAS, the CLERK has acquired, and will operate, at no expense to the CITY, a Computerized Parking Ticket Issuing System (hereinafter referred to as the "SYSTEM ") for use by the Office of the Clerk (Parking Violations Bureau); and WHEREAS, the CITY desires to be a part of the CLERK'S Computerized Parking Ticket Issuing System; and WHEREAS, the CLERK and the CITY both endeavor to provide the citizens with the best possible parking enforcement services supported by up -to -date technology, 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 Computerized Parking Ticket 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 twelve 12 hours a day basis 7 A. M. -7 P. M. p Pp p O Y � O Y ( )• 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. 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 tickets, and transmit and receive parking ticket 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. 2 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. Operate all components of the SYSTEM in full compliance with all operational manuals, rules, and regulations of the CLERK, and the TERMS AND CONDITIONS of the CLERK'S agreement with Enforcement Technology, Inc. (hereinafter referred to as the "Contractor ") attached to the previous license agreement entered into by the parties herein entitled Composite ATTACHMENT B; and to not operate any of the components of the SYSTEM in a negligent manner. 5. Notify the CLERK immediately regarding the mechanical failure of any components of the SYSTEM. 6. 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. ARTICLE THREE Financing As stipulated in Article One, Responsibilities of the CLERK, the CLERK will make all the necessary " arrangements to finance the-acquisition of the entire SYSTEM. Included in the acquisition will be all of the items described in ATTACHMENT A and any upgrade thereto. ARTICLE FOUR 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 Seven: 3 ARTICLE FIVE Cancellation 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 giving the CITY ninety (90) days advance written notice by certified mail. However, the CLERK shall not discontinue the PROGRAM ink MIAMI BEACH unless the CLERK is discontinuing the PROGRAM in one or more other municipalities. Furthermore, the CITY shall have' the right to cancel this AGREEMENT without 'penalty or stated cause by giving the CLERK ninety (90) days advance written notice by certified mail. ARTICLE SIX 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. 20.0 22'N.W. 1st Street, 4th Floor Miami, Beach Florida 33139 Miami, Florida 33128 Attu: -Saul Frances, Parking Director Attn: Deborah G. Hess, Bureau Manager :. ARTICLE SEVEN Settlement of Disputes The parties agree that the Clerk of Courts,,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 of Court'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 p J p .. remedy of petitioning the Clerk of Courts is first exhausted. 4 ARTICLE EIGHT Terms of the Agreement The duration of this AGREEMENT shall be for an initial period of three (3) years and automatically renewable for two (2) successive terms of one year unless the AGREEMENT is terminated by the CLERK in its sole discretion. All of its terms and conditions shall remain in full force and effect until such time that the AGREEMENT is terminated or modified by mutual consent. ARTICLE NINE 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 TEN Complete Agreement No representations or warranties shall be binding upon either party unless expressed in writing herein. ARTICLE ELEVEN Modifications This AGREEMENT may not be altered, changed or modified except'by or with the written consent of the parties and the Clerk of Courts as AGREEMENT administrator. ATTEST:" , . , CITY OF MIAMI BEACH By: By: City Clerk ;Edward L. Tobin Vice- Mayor ATTEST: CLERK OF COURTS, MIAMI -DADE COUNTY, ORIDA 4 B B APPROVEO AS rO ATgE,L �tRj� Harvey Ruvin, of Courts . FO RM $ LANGU & FOR EXECUTION 5 city Attorne Date Attachment A (Year 2011 Agreement) Hardware / Software Inventory The CITY of MIAMI BEACH HAI2DWARJE IiNVE&T©I2Y oil AutoCite X3 Series Handheld Computer 45 Charger. Multiplexer 8 :Personal Computer 1 Bar Code*Reader 1 SOFTWARE WNET ©RY Windows NT, 2000PE or XPPro Oper. Sys 1 PC Anywhere 1 AutoCites PC System 1 E 6 w I 0 d un'Can AutoCITE and AutolSSUE SOFTWARE AND FIRMWARE USER LICENSE AGREEMENT Rev. F The firmware provided with the AutoCITE handheld computers and the AutoISSUE host software installed on the PC and/or Server systems are proprietary products of Enforcement Technology, Inc., (ETEC) (now a Duncan Solutions Company) and protected under United States copyright laws. Therefore you in Mist treat these firmware and software products accordingly. The firmware and software contained within the AutoCITE computer is not to be' copied or reproduced in any form for any reason. The software provided for installation on your PC and/or Server systems (AutoISSUE host systems) may be copied for archival purposes only and may not be used on more central processing units (CPU) concurrently, than the number of purchased licenses, without prior written approval f from ETEC (now a Duncan Solutions Company). These licenses are for the sole use of the purchasing agency and _ be used by or for any other agency or department without prior written approval by ETEC (now a Duncan Solutions Company). This , firmware or software can not be provided to any other unlicensed user, under any circu fistances. 1 In the event of loss, misplacement or damage of the original software or archive co es: ETEC now a Duncan Solutions Company) will provide an additional copy upon request, at an appropriate cot for ETEC (now a Duncan Solutions Company) time and materials to produce and deliver such copy. Any misuse, tampering, attempts to open the AutoCITE handheld computer, or copying the 'Auto.CITE or AutoISSUE firmware or software, or any other reproductions not specifically authorized. by ETC now a Duncan Solutions Company), will violate and void this agreement. ETEC (now a Duncan Solutions Company) is not and cannot be responsible for the installation, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Base Server software or any other third party software or hardware. ETEC shall not in any case be liable for special, incidental, consequential, indirect or direct costs, including but not limited to, those incurred as a result, of loss of profits or revenue, loss of use of any computer program, loss of data, costs for recreating data, and the costs of any substitute programs or for other similar costs. City r Agency Representative: Enforcement T hnolo Inc:: tY g Y P � gyp (now a Duncan Solutions Company) for Name DEBORAH Gi HESS Name Gavin Junes Title: M ANA f4EP,, P VQ Title: President Date: a Z. o !! Date: Oa 1.7q A Olt NrIA - 'AX Cougl_� C L ERk CGUQ - CS I Page 1 of 1. Attachment . B (p. 1) 7 s unc an AutoCITE and. AutoISSUE ANNUAL u MAINTENANCE CONTRACT ti �...' -- - - .V. �a- •n RE .. Contract Number: O oml+ap t t Enforcement Technology, Ina (ETEQ (now a Duncan Solutions Company) offers a unique Maintenance Contract, beyond the one -year warranty period, with every AutoCITE hand -,held computer, AutoISSUE System purchased. This contract' is offered as an additional service to our custo lers to provide the most trouble -free, efficient, cost- effective maintenance for the AutoCITE Systems. This contract provides the following features: 1. GUARANTEED REPLACEMENT COMPUTERS Guaranteed replacement computers for all models currently manufactured by ETEe (now a Duncan Solutions Company),' upon request, within three working days, are provided at no cost while any repair work is being completed at Enforcement Technology, Inc. on any ETEC (now a Duncan Solutions Company) manufactured unit requiring repair. Whenever a hand-held computer requires repai, it is the responsibility of the customer to do two things: 1) you must place a call to the engineering se ice center to get verbal consultation on the problem. 2) If it is deemed necessary to send the unit to ETE9 (now a Duncan Solutions Company) for repair, a Return Material Authorization (RMA) number must be issued by the Enforcement Technology Engineering Service Center. Failure to obtain an RAM number will 1- kneler the turnaround time of the repaired unit. Then the unit should be shipped from the customer to: Enforcement Technology, Inc. A Division of Duncan Solutions, Inc. 5924 Balfour Court Suite 102 Carlsbad, CA 92008 (760) 945 -9893 f That unit should be sent SECOND DAY AIR, referencing the RMA number on tie outside of the shipping carton. Upon reguest a loaner unit will be sent by the same method to the customer. Return of the loaner unit must also be made via SECOND DAY AIR as soon as your unit is repaired and returned. The customer is responsible for all shipments, including those costs from their facility to the Engineering Service Center. 2. PRIORITY BASIS REPAIRS Insures a priority basis for any repair work required. Enforcement Technology (now a Duncan Solutions Company) will repair (or replace it at our discretion) any unit and return it within two weeks from the time it was received. 3. SOFTWARE UPGRADES After the customer purchases the system, including purchases of other systems for later expansion, subsequent software enhancements installed at Enforcement Technology's discretion to repair a problem or correct system operation, will be provided at no additional cost, as long as the warranty period or annual maintenance period has not expired. Enforcement Technology (now a Duncan Sol iutions.Company) does not normally institute changes in existing versions of AutoCITE and AutoISSUE to correct problems unless it is, the most expedient solution to a problem. Rather, we will provide the latest released version of software compatible with the customer's computer and network environment to remedy any !problem. It is ETEC's Page 1 of 4 Attachment B (p. 2 ) cvr— !� w , AutoCITE and AutoISSUE ANNUAL MAINTENANCE CONTRACT' REV. H (now a Duncan Solutions Company) sole discretion as' to which version of firinware or software will be installed, as long as all functionality of the customers purchased modules is maintained: 4. CUSTOMER INITIATED CHANGES REQUIRING UPGRADES OR ADDITIONAL PRODUCT t In the event a customer requests or requires a software upgrade due to ch d n yes in their operating .. q q Pg , �. P g environment, such as but not limited to, changing their operating system or n6two" ric software or installing new PC hardware, that results in ETEC (now a Duncan Solutions Company) soft%vare' incompatibility or inoperability, the customer will be charged for the engineering time, at our current hourly rate, to restore the ETEC (now a Duncan Solutions Company) software to a functional state. If ETEC decides it is most . expedient to upgrade the software to the a newer version the customer will not tie charged for the newer software but will still be responsible for the engineering time required to make the customer's ETEC (now a Duncan. Solutions Company) software operate correctly. This contract allows the end user to purchase any Duncan Solutions products (enforcement handhelds, single space meters, multi space meters, etc). 5. EQUIPMENT FROM OTHER MANUFACTURERS If the customer purchases IBM or other compatible equipment to be used as the AutolSSllE Host Computer, through ETEC (now a Duncan Solutions Company) or elsewhere, then the oriinal manufacturer must provide warranties and maintenance of such equipment. If these Computer System are leased through ETEC (now a Duncan Solutions Company), or elsewhere, the warranty and maintenance of the host computer will be provided by the original equipment manufacturer, not by ETEC. ETEC (rIow a Duncan Solutions Company) will provide consultation and recommendations on corrective actions, which may be necessary. 6. EXCLUSIONS The original warranty, this maintenance contract, and any other annual main contract shall become invalid if the product hardware or software is or has been abused, misused or altered. The original warranty and this maintenance contract does ' not cover damage, including broke displcrw or touch panels due to abuse, neglect, mishandling or improper use. Remote access to the AutoISSUE :RC, via the Internet using PCAnywhere, must be available to Enforcement Technology (now a Duncan Solutions Company) technical staff in order for the warranty and maintenance contracts to be valid. First response i,mder this contract will be via the Internet. If the problem cannot be resolved, by telephone or returning the failed component for repair, a customer service representative will respond to the customer site. If our dia,-";nos s of a malfunction of the system indicates the problem is caused by hardware or software not under our �warranty or maintenance contracts, such as, but not limited to, the customer hardware which may be runoing our system or other hardware or software of the customer operating on the same system as our ha� ware and software, the . customer will be billed for travel expenses and labor at our current hourly rage, plus materials, for our diagnosis and investigation of the malfunction. ; Paper products used in the AutoCITE, which were not provided through ETEC (now a Duncan Solutions Company), are not supported either under warranty or under this contract. Papei defects or disruption. of normal use due to such defects or problems will not be the responsibility of ETEC (now a Duncan Solutions Company). Use o paper products not supplied by ETEC - (now a Duncan Solutions Company) or not A . 6dheritag - -1o' 'ur ,saner s�see catiarts iritr; invalidate this contract. Page 2 of 4 Attachment B (p.3) AutoCITE and AutoISSUE ANNUAL MAINTENANCE CONT, RAC`I REV. H If the Warranty or any Annual Maintenance Contract on any hardware or software as expired, an additional checkout fee will be charged before approval and issue of a new service contract. ETEC (now a Duncan Solutions Company) is not and cannot be responsible for the installation, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Base Server software or any other third party software or hardware. , 7. NORMAL USAGE The customer agrees not to alter the System components in any manner and agrees to operate them under normal working conditions. If any hardware components should be damaged, while in the possession of the .customer by other than normal usage, the repair cost will be a maximum of $1,995.00 (for major damage) per unit damaged. If any hardware component should be lost, stolen, or damaged beyond repair, the total replacement cost shall be the original purchase price of the equipment (Example: A�toCLTE Model Series 3 =. $3,200) This maintenance contract is the yearly maintenance contract which is being offered to you as a continuation of the original one -year warranty that was included as part of the purchase price. It can be extended each year, or renewed, for a small additional cost, and the execution of a new maintenance contract each year. - The attached schedule shows the coverage period and the cost of this contract for the Coming 12 -month period. To avoid repair cost and keep your system under maintenance protection, please include your check for the indicated amount and execute this maintenance contract by signing and returning aopy with your check. City or Agency Representative: Enforcement Technology, Inc.: (now a Duncan Solutions Company) for Cl Name: DEBORAH G6 H Name: Gavin Jones Title: fA A w A G M j PV g Title: President Date: V JL -�f/ -� �/ Date Da f 2 y./ 01 j 4 Agency: Ml lt - M t - - Ty F C CVATS Page 3 of 4 Attachment B (p.4)