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HomeMy WebLinkAboutInterlocal agreement ;'00(,- ;2 (PI t:, Cf 'f/If/tJ~ - C. 7 H AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this 11 thday of April , 2006 , by and between MIAMI-DADE COUNTY, a political subdivision ofthe State of Florida (hereinafterreferred 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 Miami- Dade County Clerk's Office is vested with the intergovemmentaljurisdiction 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 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 ofthe 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: 1 ARTICLE ONE Responsibilities of the COUNTY The COUNTY agrees to: 1. Implement and 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. 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 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. ARTICLE TWO Responsibilities of the CITY The CITY agrees to: 1. Accept from the COUNTY 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 2. Maintain all functional records and accounts that relate to the SYSTEM (including but not limited to system and officer log-in and log-out, 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 ofthe 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. 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 to the previous agreement entered into by the COUNTY and the Contractor herein entitled ATTACHMENT B; and to not operate any ofthe components of the SYSTEM in a negligent manner. 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 let the COUNTY'sClerk of Courts, or his designee, act as the Project Manager who will be the COUNTY and the CITY's technical representative for the SYSTEM. ARTICLE THREE Financinl! 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 ATTACHMENT A and any upgrade thereto. 3 ARTICLE FOUR Rie:ht to Offset If the CITY fails to meet any of its obligations as set forth in this AGREEMENT and as determined by the COUNTY, and the COUNTY incurs costs, expenses or damages as a result of such failure, the COUNTY reserves the right to offset said costs, expenses or damages primarily from 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, and secondarily the County may pursue any other remedies, 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 Drive Miami Beach, Florida 33139 Attention: Jorge M. Gonzalez, City Manager Parking Violations Bureau 22 NW 1 st St., 4th Floor Miami, Florida 33128 Attention: Deborah G. Hess, Manager 4 ARTICLE SEVEN Settlement of DisDutes 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 remedy of petitioning the Clerk of Courts is first exhausted. ARTICLE EIGHT Terms of the Ae:reement The duration ofthis 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 COUNTY 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 and adopted by appropriate action of the Board of County Commissioners and City Commissioners. ARTICLE NINE Assie:nments 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 COUNTY, which consent will not be unreasonably withheld. 5 ARTICLE TEN Complete Ae:reement 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 ofthe parties and the Clerk of Courts as AGREEMENT administra r. City Clerk Robert Parcher Mayor David Dermer ATTEST: By:~r faAc4 By: CLERK OF COURTS, MIAMI-DADE COUNTY, FLORIDA By: ATTEST: Harvey Ruvin, Clerk of Courts APPROVED AS TO FORM & LANGUAGE & FOR ECUTION S-'hJ6~ Date 6 Attachment A Hardware I Software Inventory City of Miami Beach Parking Department AutoCite X3 Series Handheld Computer 45 Charger Multiplexer 12 Personal Computer 1 WINDOWS NT, 200PE or XPPro Oper. S s 1 1 PC An here 1 AutoCites PC System . I' E!!NFOACIEMIENTTECHNOLOOv.lc. 4129 A venida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 "ATTACHMENT 8" 1& AutoCITE, AutolSSUE and AutoPROCES ANNUAL MAINTENANCE AGREEMENT V.E Enforcement Technology, Inc. (ETEC) offers a nique Maintenance Agreement, beyond the one-year warranty period, with every AutoCITE hand-held~omputer, AutoISSUE and/or AutoPROCESS System purchased. This agreement is offered as an additio service to our customers to provide the most trouble- free, efficient, cost-effective maintenance for the Aut CITE Systems. This agreement provides the following features: I. GUARANTEED REPLACEMENT COMPUTE Guaranteed replacement computers for all models three working days, are provided at no cost whil Technology, Inc. on any ETEC-manufactured unit repair, it is the responsibility of the customer to d service center to get verbal consultation on the prob for repair, a Return Material Authorization (RMA) Engineering Service Center. Failure to obtain a~ repaired unit. Then the unit should be shipped from UJTently manufactured by ETEC, upon request, within any repair work is being completed at Enforcement uicing repair. Whenever a hand-held computer requires o things: 1) you must place a call to the engineering . 2) If it is deemed necessary to send the unit to ETEC ber ~ be issued by the Enforce~nt Technology number will hinder the turnaround time of the e customer to: That unit should be sent SECOND DAY AIR, refi carton. Upon reQuest, a loaner unit will be sent by t l!lM.I! also be made via SECOND DAY AIR as so responsible for all shipments, including those costs ncing the RMA number on the outside of the shipping same method to the customer. Return of the loaner unit as your unit is repaired and returned. The customer is m their facility to the Engineering Service Center. 2. PRIORITY BASIS REPAIRS Insures a priority basis for any repair work required.:! nforcement Technology will repair (or replace it at our discretion) any unit and return it within two weeks ~ m the time it was received. 3. SOFTWARE UPGRADES After the customer purchases the system, inclu g purchases of other systems for later expansion, subsequent software enhancements installed at Enfll cement Technology's discretion to repair a problem or correct system operation, will be provided at no a itional cost, as long as the warranty period or annual maintenance period has not expired. Enlorcemen Technology does not normally institute changes in existing versions of AutoCITE, AutoISSUE, and'" toPROCESS to correct problems unless it is tbe most expedient solution to a problem. Rather, we will pr vide the latest released version of software compatible with the customer's computer and network enviromn nt to remedy any problem. It is ETEC's sole discretion as to which version of rtnnware or software will installed, as long as all functionality of the customers purchased modules is maintained. 1s Excellence th~ ENFORCEMENT TECHNOLOGY; f C.. 4129 Avenida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 - AutoCITE, AutolSSUE and AutoPROCESS ANNUAL MAINTENANCE AGREEMENT R! .E 4. CUSTOMER INITIATED CHANGES REQUIRIN UPGRADES In the event a customer requests or requires a , oftware upgrade due to changes in their operating environment, such as but not limited to, changing ir operating system or network software or installing new PC hardware, that results in ETEC software . compatibility or inoperability, the customer will be charged for the engineering time, at our current h rly rate, to restore the ETEC software to a functional state. If ETEC decides it is most expedient to upgrad the software to the a newer version the customer will not be charged for the newer software but will still responsible for the engineering time required to make the customer's ETEC software operate correctly. 5. EQUIPMENT FROM OTHER MANUFACTUR RS If the customer purchases IBM or other compa' Ie equipment to be used as the AutoISSUE and/or AutoPROCESS Host Computer, through ETEC orl lsewhere, then the original manufacturer must provide warranties and maintenance of such equipment. If ese Computer System are leased through ETEC, or elsewhere, the warranty and maintenance of the hOll computer will be provided by the original equipment manufacturer, not by ETEC. ETEC will provide q> sultation and recommendations on corrective actions, which may be necessary. 6. EXCLUSIONS The original warranty, this maintenance agreement,/ invalid if the product hardware or software is or h this maintenance agreement does not cover damag neglect, mishandling or improper use. Remote ace Internet using PCAnywhere, must be available to warranty and maintenance agreements to be valid. F the problem cannot be resolved, by telephone or r representative will respond to the customer site. I problem is caused by hardware or software not un limited to, the customer hardware which may be customer operating on the same system as our. h expenses and labor at our current hourly rate, p malfunction. I d any other annual maintenance agreement shall become een abused, misused or altered. The original warranty and inc/udinf! broken disDlavs Or touch Dane/s. due to abuse, s to the AutoISSUE and/or AutoPROCESS PC, via the nforceme1lt Technology technical staff in order for the st response under this agreement will be via the Internet. If ing the failed component for repair, a customer service Our diagnosis of a malfunction of the system indicates the our warranty or maintenance agreements, such as, but not ing our system or other hardware or software of the ware and software, the customer will be billed for travel s materials, for our diagnosis and investigation of the If the Warranty or any Annual Maintenance Ag ment on any hardware or software bas expired, an additional checkout fee will be charged before appr al and issue of a new service contract. ~ge2w ~ Excellrmce th .oh Enoineerin.Q ENFOACEftIIENTTECHNOL.OOY. f C. 4129 Avenida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 .. AutoCITE, AutoISSUE and AutoPROCES ANNUAL MAINTENANCE AGREEMENT akV.E ETEC is Dot and cannot be responsible for the I.- tallation, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE ata Base Server software or any other third party software or hardware. 7. NORMAL USAGE The customer agrees not to alter the System com nents in any manner and agrees to operate them under normal working conditions. If any hardware comp . ,ents should be damaged, while in the possession of the customer by other than normal usage, the repair cost ill be a maximum of $1,995.00 (for major damage) per unit damaged. If any hardware component shoul be lost, stolen, or damaged beyond repair, the total replacement cost shall be the original purchase price: of the equipment (Example: AutoCITE Model Series 3 = $3,200). nance contract which is being offered to you as a was included as part of the purchase price. It can be . onal cost, and the execution of a new maintenance e coverage period and the cost of this agreement for the eep your system under maintenance protection, please execute this maintenance agreement by signing and This maintenance agreement is the yearly main continuation of the original one-year warranty th extended each year, or renewed, for a small ad agreement each year. The attached schedule shows . coming 12-month period. To avoid repair cost an include your check for the indicated amount an returning a copy with your check. Name: DEBORAH G. HESS J-f114-M - b~ (.'liA~ C O~~ Title: p p,.~IC.I~'S. '.J I bl.A-r,<Jt.:)S 1?t.l;e~ M /'t-JJ Prix. fj'2. Date: /'. J r C7 3 (.) 7( 0 b Agency: . Title: Engineering Director Date: ~ \ ~ \O~ Page 3 of Excellence th, Qh EnyineerinQ IlENFOAC_MENT TECHNOLOGY, Ne. 4129 Avenida De La Plata Oceanside, CA 92056 (760) 945-9893. Fax (760) 945-5815 ., AutoCITE and AutoPROCESS SOFTWARE NO FIRMWARE USER LICENSE AGREEMENT . v. 0 The firmware provided with the AutoCITE handheld omputers and the AutoISSUE and AutoPROCESS host software installed on the PC and/or Server systems llll: proprietary products of Enforcement Technology, Inc., (ETEC) and protected under United States copyright 1~ s. Therefore you must treat these firmware and software products accordingly. The firmware and software contained within the Autoe E computer is not to be copied or reproduced in any form for any reason. The software provided for installatiQ on your PC and/or Server systems (Auto ISSUE and AutoPROCESS host systems) may be copied for arc~ al purposes only and may not be used on more central processing units (CPU) concurrently, than the number 0 purchased licenses, without prior written approval from ETEC. These licenses are for the sole use of the purch ing agency and cannot be used by or for any other agency or department without prior written approval by ETEC.' is fmnware or software can not be provided to any other unlicensed user, under any circumstances. In the event of loss, misplacement or damage of the 0 ginal software or archive copies, ETEC will provide an additional copy upon request, at an appropriate cost forB 'EC time and materials to produce and deliver such copy. Any misuse, tampering, attempts to open the Aut ITE handheld computer, or copying the AutoCITE, AutolSSUE or AutoPROCESS fmnware or software, r any other reproductions not specifically authorized by ETEC, will violate and void this agreement. ETEC is not and cannot be responsible for the inst8r tion, maintenance or any type of support for the MS WINDOWS Operating Systems, ORACLE Data Bas Server software or aoy other third party software or hardware. , i ETEC shalI not in any case be liable for special, inciden I, consequential, indirect or direct costs, including but not limited to, those incurred as a result of loss of profits or ~ venue, loss of use of any computer program, loss of data, costs for recreating data, and the costs of any substitute p' grams or ilr other similar costs. ntative: DEBORAH G fa Name: ~ I~ I :bfj.\.~ [.O\.I-~~ (ollt"fName: Steven D. Borso Title: I'/\.:a\! ,~k V I (;> ~~'~s.t)itt~ Title: Engin ering Director Date: ~ A.-~ A-ll:. ~ Date: c:J Ic I O~ (;)"$/07/0b /l Page J of 1 Excellence thro h Engineering