Loading...
2012-28058 Reso RESOLUTION NO 2012-28058 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CLERK OF COURTS, MIAMI-DADE COUNTY, FLORIDA, PERMITTING THE MIAMI BEACH PARKING DEPARTMENT USE OF THE COUNTY'S LICENSE PLATE RECOGNITION SYSTEM IN ORDER TO APPREHEND MIAMI-DADE COUNTY SCOFFLAWS AND VEHICLES OTHERWISE SUBJECT TO IMPOUNDMENT AND IMMOBILIZATION. WHEREAS,in the City's continued efforts to provide the best possible parking enforcement services, supported by up-to-date technologies, the City of Miami Beach Parking Department is recommending that the City execute an Interlocal Agreement with the Clerk of Courts, Miami-Dade County, Florida for use of the County's License Plate Recognition System; and WHEREAS, the Interlocal Agreement will permit the Parking Department to continue to utilize, in a coordinated effort with the Clerk, the County's License Plate Recognition System to identify and apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization as determined by the Clerk and the laws of the State of Florida and Miami-Dade County, including vehicles displaying a stolen,fraudulent or unauthorized license plate and stolen vehicles; and WHEREAS, the License Plate Recognition System will also help the City and the Clerk of Courts capture revenue lost due to limitations in detecting scofflaws and stolen vehicles, and to enhance scofflaw enforcement; and WHEREAS,funding for the License Plate Recognition System and its respective training is entirely provided by the Clerk of Courts, Miami-Dade County; and WHEREAS,the Interlocal Agreement will become effective when signed by the authorized representatives of the City and the County, respectively, and will be in effect for an initial term of three (3) years, and automatically renewable for two (2) successive terms of one year, unless otherwise terminated. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute an Interlocal Agreement between the City and the Clerk of Courts, Miami-Dade County, Florida, permitting the Miami Beach Parking Department use of the County's License Plate Recognition System in order to apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization. PASSED and ADOPTED THIS day of Aalle,��ei- , 2012. ATTEST: , •� � UTY :IN oRa a CL ayor Ma i Herrera Bower APPROVED AS TO URGE KGB/PDW/SF '9 FORM&LA n �� ` =� OR ION T:IAGENDA1 2012\nov1420121MiamiDadeCountyLPRPa <: - �, L ORNEY DATE COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach,Florida,authorizing the Mayor and the City Clerk to execute an Interlocal Agreement between the City and the Clerk of Courts, Miami-Dade County, Florida, permitting the Miami Beach Parking Department use of a License Plate Recognition System in order to apprehend Miami-Dade County Scofflaws and vehicles otherwise subject to impoundment and immobilization. Key Intended Outcome Supported: Maintain or improve traffic flow;improve parking availability;improve process through information technology; and increase community satisfaction with City,services.Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data(Surveys,Environmental Scan,etc. In FY 11/12,the Clerk of Courts LPR program detected and apprehended 1,242 scofflaw vehicle registrations,with a value of$443,022.30. Issue: Shall the City Commission adopt the Resolution? Item Summa /Recommendation: This Interlocal Agreement will permit the Parking Department to continue to utilize, in a coordinated effort with the Clerk, the License Plate Recognition (LPR) System to identify and apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization as determined by the Clerk and the laws of the State of Florida and Miami-Dade County, including vehicles displaying a stolen,fraudulent or unauthorized license plate and stolen vehicles. The LPR System is very effective tool in detecting and capturing revenue from scofflaws and stolen vehicles. The Clerk funds all acquisition costs associated with the purchase and subsequent maintenance of the LPR System. The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak,on September 12, 2012. The Clerk of Courts LPR(Inter-local Agreement)system is strictly intended to detect and apprehend scofflaws, as described above. The City does not incur any expense for this system, other than to provide a vehicle and personnel to operate the system.The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information through a web browser to identify valid/invalid parking(business/residential)permits; paid/unpaid parking status(at pay stations);and in the future interface with pay by phone technology for paid/unpaid status.The"ParkTrak"system is the enforcement component needed to be able to transition to a"paperless"parking permit system for residential and business permits;"pay by plate"at the new parking pay stations;and expanded payment options in the future through"pay by phone"technology. Please note that an item regarding the award to ParkTrak is on this agenda, seeking a 5/7'h vote to waive competitive bidding,allowing ParkTrak to subcontract with Dana Safety Supplies for the provision of the Mobile LPR component. Administration Recommendation: Adopt the Resoltion Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 $ 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director Sign-Offs: De went Director ity Manager C' Manager SF PDW KGB T:WGENDA\2012\nov142012\MiamiDadeCountyLPRParkingSumm.doc MIAMIBEACH AI;SEhl1DA ITEM liov DATE �� — Z f MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CLERK OF COURTS, MIAMI-DADE COUNTY, FLORIDA, PERMITTING THE MIAMI BEACH PARKING DEPARTMENT USE OF A LICENSE PLATE RECOGNITION SYSTEM IN ORDER TO APPREHEND MIAMI-DADE COUNTY SCOFFLAWS AND VEHICLES OTHERWISE SUBJECT TO IMPOUNDMENT AND IMMOBILIZATION. FUNDING Funding for the License Plate Recognition (LPR) System and its respective training is entirely provided by the Clerk of Courts, Miami-Dade County (Clerk). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In the City's continued efforts to provide the best possible parking enforcement services supported by up-to-date technologies,the City of Miami Beach Parking Department(Parking Department) is recommending the City adopt the proposed Resolution and execute the proposed Interlocal Agreement with the Miami-Dade County Clerk of Courts. This Interlocal Agreement will permit the Parking Department to continue to utilize, in a coordinated effort with the Clerk of Courts,this LPR System which is intended to identify and apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization as determined by the Clerk of Courts and the laws of the State of Florida and Miami-Dade County, including vehicles displaying a stolen, fraudulent or unauthorized license plate and stolen vehicles.The LPR System is operated from a moving vehicle and scans license plates for comparison to City and County records. The LPR System is a very effective tool in detecting and capturing revenue from scofflaws and stolen vehicles. The Clerk of Courts funds all acquisition costs associated with the purchase and subsequent maintenance of the LPR System. The Parking Department will assign an existing Parking Enforcement vehicle and personnel to the LPR System detail. The Inter-local Agreement will become effective when signed and will be in effect for an initial period of three years, and automatically renewable for two successive terms of one- year unless the Agreement is terminated. r I Miami-Dade County License Plate Recognition System November 14, 2012 Page 2 of 2 The Clerk of Courts LPR system is dedicated strictly for the detection and apprehension of scofflaws and/or stolen vehicles. A"scofflaw"is defined as a vehicle registration with either five or more outstanding parking citations or one (1) outstanding disabled parking citation with an impound order from a Magistrate. The Clerk of Courts LPR has been a very effective tool in the detection and apprehension of scofflaws. In fact, in FY 11/12, the program detected and apprehended 1,242 scofflaw vehicle registrations,with a value to the City of$443,022.30. Clerk of Courts LPR/Inter-local Agreement and ParkTrak Mobile/Handheld Parking Enforcement LPR System The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak, on September 12, 2012, by the Mayor and Commission as a result of RFP No. 55-11/12 (Acquisition of a Mobile and/or Handheld License Plate Recognition (LPR) Parking Enforcement System). The following is a brief description of the intent, purpose, and advantages of each LPR system. • Clerk of Courts LPR/Inter-local Agreement The Clerk of Courts LPR (Inter-local Agreement) system is strictly intended to detect and apprehend scofflaws, as described above. The City does not incur any expense for this system, other than to provide a vehicle and personnel to operate the system. • ParkTrak Mobile/Handheld Parking Enforcement LPR System The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information to through a web browser to identify valid/invalid parking (business/residential) permits; paid/unpaid parking status(at pay stations); and in the future interface with pay by phone technology for paid/unpaid status. The "ParkTrak" system is the enforcement component needed to be able to transition to a "paperless" parking permit system for residential and business permits; "pay by plate" at the new parking pay stations; and expanded payment options in the future through"pay by phone" technology. Please note that an item regarding the award to ParkTrak-is on this agenda, seeking a 5/7cn vote to waive competitive bidding, allowing ParkTrak to subcontract with Dana Safety Supplies for the provision of the Mobile LPR component. Conclusion: This Inter-local Agreement will permit the City to provide the best possible parking enforcement services supported by up-to-date technologies with no acquisition or training cost associated with the procurement and subsequent maintenance of the LPR System.The LPR System will also provide the City with additional revenues associated with the apprehension of scofflaws. KGB/PDW/SF T:AGENDA\2012\nov142012\MiamiDadeCountyLPRParkingMemo.doc Sara- Zoo AGREEMENT, License Plate Recognition System . THIS INTERLOCAL AGREEMENT is made and entered into as of this day of ,. 2012, by_ acid between the Miami -Dade Clerk of Courts, (hereinafter referred to as the "CLERK ') and the CITY OF w MIAMI BEACH, a municipal corporation under the State of Florida, (hereinafter referred to as the "CITY "). WITNESSETH: WHEREAS,, the .CLERK is' vested with. the intergovernmental jurisdiction to manage the' Parking - Violations Bureau, which proactively supports measures that .ensure efficient street level parking enforcement,' which oversees the collection and disbursement of .parking violation revenues, and which is responsible for reporting scofflaw violators to the State of Florida and- for providing a list of scofflaw violator's to Miami -Dade County municipalities; and WHEREAS, in to capture revenue lost due to limitations in detecting scofflaws and stolen vehicles, and, to- enhance scofflaw enforcement, and to improve recovery efforts of stolen vehicles and fraudulent vehicle . license tags; the CLERK, in coordination with the CITY, has served as the catalyst in the procurement of a License . Plate Recognition System; and WHEREAS,. the CLERK has acquired a License Plate Recognition System (hereinafter referred to as the "SYSTEM ") by paying the costs for the SYSTEM equipment' and its maintenance, at no expense to the CITY except for the vehicle, personnel. and technological interface that will be. provided by the CITY to operate the; SYSTEM. This acquisition is for use by. the. CLERK and the CITY -in- a coordinated effort, to identify and apprehend Miami -Dade County. scofflaws and - vehicles otherwise subject to impoundment and immobilization as determined by the CLERK and the laws of the State . of Florida' and Miami -Dade County, including vehicles displaying a stolen, fraudulent or unauthorized license plate and stolen vehicles listed in the stolen vehicle file; and WHEREAS, the CITY desires to be a partner with CLERK in operating the SYSTEM, and -the CITY intends to 'provide the vehicle, personnel and technological interface needed to operate the SYSTEM, and commit these resources.to operating the SYSTEM, at no additional expense to the CLERK; and WHEREAS, the CLERK and the CITY both endeavor to provide -the citizens of Miami -Dade County with the best possible parking enforcement services supported by up -to -date technologies, 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: - 1. _ ARTICLE ONE . . Responsibilities of the CLERK The CLERK agrees to: 1. Maintain a License Plate Recognition ..System conditioned upon the provisions aforementioned and . in relation to all equipment listed in ATTACHMENT A and any upgrade to those items listed. 2. • 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. 3. Provide trained and qualified personnel to support the SYSTEM at the CLERK'S Parking Violations Bureau and provide support to the municipalities during the Bureau's regular working hours. 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 identify. and ,apprehend scofflaws, and exchange related information with the parking violations system. '2.' Maintain all functional records and accounts. that, relate to -the SYSTEM 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. Provide and make available for the system a DSL or Cable modem enabled for Internet connectivity at the City's expense if such connectivity is required. 4.` Ensure that once the SYSTEM has been tested. and is fully operational, the City will make satisfactory arrangements with the CLERK to ensure that the components of the' SYSTEM listed in ATTACHMENT A and any upgrade thereto will be serviced when necessary:. ` 5. ' Provide trained and qualified personnel to operate and support the SYSTEM within Miami -Dade County., 6. Utilize and operate the SYSTEM and participate in the program as instructed by the CLERK 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. The CITY shall notify the CLERK immediately regarding the mechanical failure of any components of the SYSTEM. 7. Indemnify and to hold harmless the - CLERK, and its employees, against any and all, claims,- actions, judgments, damages and expenses, including reasonable and necessary attorney's fees, to the extent any such, claims, actions, judgments damages and expenses result from the CITY's, its officers, directors, agents and employees, use of the SYSTEM. The CITY shall have no obligation to indemnify the CLERK, should any such claims, actions, judgments damages and expenses result, in whole or in part, from acts, omissions, willful misconduct or gross negligence of the CLERK, its officers, directors, agents and employees. These indemnities shall survive the termination of this Agreement. 8.. 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, GENETEC, Inc. (hereinafter referred to as the "Contractor ") for the purpose of carrying out this Agreement entitled ATTACHMENT B; and to not operate any of the components of the SYSTEM in a negligent manner. 9. Accept the CLERK'S authority and responsibility for administering the contract on behalf of the CITY with the Contractor, and let-the Clerk of Courts, or his designee, act as the Project Manager who will be the CLERK 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 the arrangements to finance the acquisition 'of the SYSTEM components 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, in addition to any other.remedies, reserves the right to offset any sums due the CITY from any parking ticket revenue source in an amount equal to the CLERK's cost of equipment assigned to the CITY, as described in ATTACHMENT A, but subject to the CITY's administrative and legal rights as provided in Article Seven— ARTICLE FIVE Cancellation • t 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. 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 certifi'ed•mail to: CITY CLERK OF COURTS City of Miami Beach Parking Violations Bureau 1755' Avenue, Ste. 200 22 N.W. 1st Street, 4th Floor Miami, Beach Florida 33139 Miami, Florida 33128 Attention: Saul Frances, Parking Director . Attention: Ester A. Jones, Acting 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 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 of Courts is first exhausted. 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 . i 4 i i 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 of the parties to this AGREEMENT. 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 this 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 Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the parties and the CLERKS'S OFFICE as AGREEMENT administrator. ATTEST: CITY OF MIAMI BEACH - By: by: A C Iv City Clerk atti Herreraa Bower, Mayor ATTEST: CLERK OF COURTS MIAMI -DADE COUNTY, FLORIDA By: by: Harvey Ruvin, Clerk of Courts. PFROVED AS TO F RM & LANGUAGE • & FOR C N 5 A ORNEY DATE fF'°' Attachment A (Year 2012 Agreement) Hardware Inventory The CITY of MIAMI BEACH ffi ups , HARDWARE INVENTORY_ i h c - s` � ; - h - ' 'i 'v t a ' �� 3,r §---`S. - t Descripnon i r 1 Model Number Serial Numbers Egmpment,Costs Panasonic Toughbook Computer Monitor CF- 19ADUAXDM 2CKSA30862 $6,000.00 AutoVu Integrated Computer Unit (ICU) Sharp -X 1265 G2260310021136133A $9,495.00 Autovu Sharp -X Camera (Left Mount) AU- X- XGA -W 12780 GS259900061228001 $3,500.00 Autovu Sharp -X Camera (Right Mount) AU- X- XGA -W 12780 GS259900061228005 $3,500.00 6