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96-21875 RESO RESOLUTION NO. 96-21875 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY FOR A COMPUTERIZED PARKING TICKET ISSUING SYSTEM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. WHEREAS, the Metropolitan Dade County Clerk of the Courts is vested with the intergovernmental jurisdiction to manage the Parking Violations Bureau, which oversees the collection and disbursement of Parking Violation's revenues; and, WHEREAS, the County has acquired, at no expense to the City, and will operate a Computerized Parking Ticket Issuing System for use by the Clerk of the Courts; and, WHEREAS, the City desires to be part of the County's Computerized Parking Ticket Issuing System; and, WHEREAS, Metropolitan Dade County and the City both endeavor to provide their citizens with optimum parking enforcement services supported by state-of-the-art technology. 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 approve the attached Interlocal Agreement with Metropolitan Dade County, which establishes the terms and conditions for the Computerized Parking Ticket Issuing System, and authorize the Mayor and City Clerk to execute the Agreement. PASSED and ADOPTED this 24th day FOR"/! ft,. on""" , - lv'l 1'1" I id Attested by: ~~~ e~ CITY CLERK LEet"., i I ByM 4J5Jlii~ Date -VLJ 1'1-(-.. . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 24, 1996 SUBJECT: Jose Garcia-Pedrosa t City Manager METROPOLITAN ADE COUNTY PARKING VIOLATIONS INTERLOCAL AGREEMENT FROM: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission approve the Interlocal Agreement between Metropolitan Dade County and the City of Miami Beach. BACKGROUND: Metropolitan Dade County is vested with the intergovernmental jurisdiction to manage the Parking Violations Bureau. The Parking Violations Bureau oversees the collection and disbursements of Parking Violation's revenues. In coordination with all Dade County municipalities, the County has spearheaded the effort to acquire a Computerized Parking Ticket Issuing System. Via the competitive bid process, the County has procured the services of Enforcement Technologies, Inc. Enforcement Technologies, Inc. more commonly known in the industry as E- Tech will provide hardware and software to the City, at no additional expense. ANALYSIS: The Computerized Parking Ticket Issuing System will provide state-of-the-art technology for parking enforcement services. This technology will virtually eliminate all illegibility or issuer error, which will translate into increased collections. Also, productivity, scofflaw, and stolen vehicle enforcement will be enhanced. The following is a summary of the provisions of the Interlocal Agreement: /continued . . . AGENDA ITEM R1D 1-2.. y-q ~ DATE COMMISSION MEMORANDUM PAGE TWO JANUARY 24, 1996 Article One - Responsibilities of the County: 1. Implement a county wide Computerized Parking Ticket Issuing System. 2. Provide Maintenance and Service to the system. 3. Provide support staff to operate the system (seven days a week/I 2 hours a day). 4. Designate "Project Manager" who will be responsible for contract administration of the system. Article Two - Responsibilities of the City: 1. Accept from the County and utilize the Computerized Parking Ticket Issuing System. 2. Maintain all functional records and accounts that relate to the system. 3. Care and protect all equipment issued by the County for which the City receives custody. 4. Maintain and operate all components of the system in full compliance with all operational manuals, rules, and regulations of the County, and the terms and conditions of the County's Agreement with Enforcement Technologies, Inc. 5. Notify the County immediately regarding the mechanical failure of any components of the system. 6. Accept the County's authority and responsibility for administering the contract on behalf of the City with the Contractor and allow the County to be the City's technical representative for the System. Article Three - Financing: The County is solely responsible for the financing of the Computerized Parking Ticket Issuing System. Article Four - Right to Offset The County reserves the right to offset any sums due the City from any source whatsoever in an amount equal to the County's costs, expenses and loss revenue, as determined by the County. Article Five - Cancellation The County determines, in its sole discretion, to discontinue the program in whole or in part, by giving the City ninety (90) days advance notice. Icontinued . . . COMMISSION MEMORANDUM PAGE THREE JANUARY 24, 1996 Article Six - Correspondence All correspondence related to this agreement must be in writing and shall only be considered delivered when done so by certified mail. Article Seven - Settlement of Disputes The Clerk of Courts shall be the Administrator of this agreement and shall decide all questions, difficulties, and disputes, of whatever nature. 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 successive terms of one (1) year unless the Agreement is terminated by the County in its sole discretion. Article Nine - Assignments The City's obligations hereunder are not assignable. Article Ten - Complete Agreement No representations or warranties shall be binding upon either party unless expressed in writing herein. CONCLUSION: The execution of this Interlocal Agreement between the County and the City will solidify the effort to 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 Interlocal Agreement. .1 (() C 1) AGREEMENT 7 - '2 - i~ I? - 7 C. 7- '7<:, THIS INTERLOCAL AGREEMENT is made and entered into as of this -..-L day of July ,19 ~6, by and between Metropolitan Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and the CITY OF MIAMI BEACH, a municipal corporation under the State of Florida, (hereinafter referred to as the "CITY"). WITNESSETH: WHEREAS, the Metropolitan 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's revenues; and, WHEREAS, in order to capture revenue lost due to illegibility or issuer error, as well as to enhance productivity, scofflaw and stolen vehicle enforcement; the Clerk's Office, in coordination with all Dade Cities, has served as a catalyst in the procurement of a Computerized Parking Ticket Issuing System; and, WHEREAS, the COUNTY intends to acquire, at no expense to the CITY, and will operate 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 COUNTY's Computerized Parking Ticket Issuing System, and WHEREAS, the COUNTY and the CITY both endeavor to provide their 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 COUNTY and the CITY do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 2/28/96 ARTICLE ONE Responsibilities of the CO UNTY The COUNTY agrees to: 1. Implement a countywide Computerized Parking Ticket Issuing System. Implementation of the SYSTEM will include all of the equipment listed in A TT ACHMENT A. 2. Insure that once the SYSTEM has been tested and is fully operational, the COUNTY will make satisfactory arrangements to ensure that the components of the SYSTEM listed in A TT ACHMENT A 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; handling complaints at the COUNTY level; and addressing all business and technical issues. ARTICLE TWO Responsibilities of the CITY The CITY agrees to: 1. Accept from the COUNTY and utilize the equipment detailed in A TT ACHMENT A, which equipment and system will enable the CITY to issue parking tickets, and transmit and receive parking ticket related information. 2/28/96 2 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 COUNTY 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 COUNTY and as fully as possible during the terms of this AGREEMENT. The CITY shall care for and protect all equipment issued by the COUNTY for which the CITY receives custody. 4. Maintain and operate all components of the SYSTEM in full compliance with all operational manuals, rules and regulations of the COUNTY, and THE TERMS AND CONDITIONS OF THE COUNTY'S AGREEMENT WITH Enforcement Technology, Inc. (hereinafter referred to as the "Contractor") attached hereto entitled Attachment B; and to not operate any of the components of the SYSTEM in a negligent manner. 5. SYSTEM. Notify the COUNTY immediately regarding the mechanical failure of any components of the 6. Accept the County's authority and responsibility for administering the contract on behalf of the City; and let the County's Clerk of Courts, or his designee, act as the Project Manager who will be the County's and the City's technical representative for the System. ARTICLE THREE Financing As stipulated in Article One, Responsibilities of the COUNTY, the COUNTY 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 A TT ACHMENT A. 2/28/96 3 ARTICLE FOUR Right to Offset If the CITY fails to meet any of its obligations as set forth in this AGREEMENT as determined by the COUNTY, and the COUNTY incurs costs because of this failure, the COUNTY reserves the right to offset any sums due the CITY from any parking ticket revenue source in an amount equal to the COUNTY's cost of equipment, assigned to the CITY, but subject to the CITY's administrative and legal rights as provided in Article Seven. ARTICLE FIVE Cancellation If the COUNTY determines, in its sole discretion, to discontinue the PROGRAM in whole or in part, then the COUNTY 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 COUNTY shall not discontinue the PROGRAM in Miami Beach unless the COUNTY is discontinuing the PROGRAM in one or more other municipalities. Furthermore, if the COUNTY permits any other municipalities to withdraw from this PROGRAM, then the City of Miami Beach shall have the right to cancel this AGREEMENT without penalty or stated cause by giving the COUNTY ninety (90) DAYS ADVANCE 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: CITY COUNTY: City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 Attention: Jose Garcia-Pedrosa City Manager Parking Violations Bureau 140 West Flagler Street, Room 102 Miami, FI 33130 Attention: Carlos Figueroa, Manager 2/28/96 4 ARTICLE SEVEN Settlement of Disputes The parties agree that the Clerk of Courts shall be the administrator of this AGREEMENT and shall, pursuant to rules of procedure promulgated by the Clerk, 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 subject to the right of either party to seek review of the Clerk of Courts decision after exhaustion of its administrative remedy. ARTICLE EIGHT Terms of the Agreement The duration of this AGREEMENT shall be for an initial period of three years, and automatically renewable for two successive terms of one year unless the AGREEMENT is terminated by the COUNTY in its sole discretion. All of the terms and conditions shall remain in full force and effect during the initial term and any renewal thereof and until such time that the AGREEMENT is terminated or modified by mutual consent and adopted by appropriate action of the Board of COUNTY Commissioners and CITY Commissioners 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 his rights under the AGREEMENT, or any interest in any portion of same, without the prior written consent of the COUNTY. ARTICLE TEN Complete Agreement No representations or warranties shall be binding upon either party unless expressed in writing herein. 2/28/96 5 ARTICLE ELEVEN Modifications This AGREEMENT may not be altered, changed or modifi d except by or with the written consent of the parties and the Clerk of Courts as AGREEMENT administ a!~J ct' ~~o~ WItness ~~ l~~ ATTEST R'~6 p~ Robert Parcher, City Clerk DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By -OE~~ r' l\)/t C (L- By: COUNTY MANAGER FORM APP1~ ,.~.; i- , \ .', d' ByJ4g~ Date ?-b- 9 (" 2/28/96 6