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HomeMy WebLinkAboutInterlocal Agreement ------- J ('[?&, .- ,? t: -~ t~ ~ AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this / ;<t;day of f)p(,PJ?/kY ,2()(:J (." by and between the Clerk of Courts, MIAMI-DADE COUNTY, a political subdivision of the State of Florida (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 "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 scoffiaw violators to the State of Florida and for providing a list of scoffiaw violators to Miami- Dade County municipalities; and WHEREAS, in order to capture revenue lost due to limitations in detecting scoffiaws and stolen vehicles, and to enhance scoffiaw 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 intends to acquire 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 scoffiaws 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: ARTICLE ONE Responsibilities of the CLERK The CLERK agrees to: I. Implement and maintain the SYSTEM conditioned upon the provisions aforementioned and in relation to all SYSTEM equipment and any upgrade to the SYSTEM. 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: I. Accept from the CLERK and utilize the equipment and any upgrade thereto, which equipment will enable the CITY to identify and apprehend scoffiaws, and exchange related information with the 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. Insure 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. 2 5. Provide trained and qualified personnel to operate and support the SYSTEM within the CITY. 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 that the CITY becomes aware of. 7. Subject to the limitations provided in Section 768.28, Florida Statutes, 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 Remington Elsag Law Enforcement Systems, LLC or any other provider of the LPR system chosen by the CLERK for the purpose of carrying out this Agreement (hereinafter referred to as the "Contractor") entitled ATTACHMENT B; and to not operate any ofthe components ofthe SYSTEM in a negligent manner; and the CITY will not alter the SYSTEM software or other SYSTEM components. 9. 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 FinaDcinl! As stipulated in Article One "Responsibilities of the CLERK," the CLERK will make the arrangements to finance the acquisition of the SYSTEM components and any upgrade thereto. 3 ARTICLE FOUR Ril!ht 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 fails to cure any such default and/or deficiency(ies) upon thirty (30) days prior written notice from the CLERK to the CITY, 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, but subject to the CITY's administrative and legal rights as provided in Article Seven. 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 cause and/or penalty to either party, 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 certified mail to: CITY City of Miami Beach Parking Department 309 23rd Street" Suite 200 Miami Beach Florida 33139 Attention: Saul Frances, Director CLERK'S OFFICE Parking Violations Bureau 22 NW 1st St., 4th Floor Miami, Florida 33128 Attention: Deborah G. Hess, 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 remedy of petitioning the Clerk of Courts is first exhausted. 4 ARTICLE EIGHT Terms of the Ae:reement 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 of the parties to this AGREEMENT. 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 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 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 of the parties and the CLERKS'S OFFICE as AGREEMENT adminis t r. A~ ~ {) By: 1Cu-~ Robert Parcher, City Clerk By David Dermer, Mayor : , FLORIDA APPROVED AS TO FORM & LANGUAGE CUTION . ATTEST: By: t-~~ (\<ONr...'-l:to OOVN'>CJ- To cI-G-I\K I~