OIG No. 23-20: Public Records Compliance Review of Trolley Ridership Video RetentionPage 1 of 2
Joseph M. Centorino, Inspector General
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Commission
Joseph M. Centorino, Inspector General
November 1, 2023
Public Records Compliance Review of Trolley Ridership Video Retention
OIG No. 23-20
BACKGROUND
This public records contract compliance review was conducted as a result of a separate OIG
Inspection (OIG No. 23-11) to determine the accuracy of reported ridership figures for the City’s
free trolley service, a summary of which is provided below as background to this report.
The prior report included an analysis of ridership data presented to the City by the contractor
responsible for operating its trolley system, Limousines of South Florida, Inc. (LSF). Additional
data was received from a subcontractor hired by LSF at the direction of the City, TSO Mobile by
Tracking Systems Corp. (TSO Mobile). TSO Mobile is responsible for the installation and
maintenance of the Automatic Passenger Counters (APCs) on each trolley. The APCs are used
to count the number of passengers using the system. LSF also instructed its drivers to manually
record the number of riders on each trolley while they were on duty.
In discussions with representatives of Transportation America (TA), the parent company of LSF,
OIG staff was informed that each trolley is equipped with video cameras positioned inside the
vehicle to capture daily images of all passengers entering and exiting each trolley. The video
footage is stored on hard drives within the camera system. The OIG auditors planned to conduct
the inspection by utilizing available footage from those cameras to count the passengers and then
compare their findings with the data compiled by TSO and reported to the City.
Despite several requests by the OIG for video footage, the OIG auditors received a limited amount
of video footage from the contractor, due to the footage being maintained for up to 15 days.
Recordings were provided for nine trolley runs, involving seven individual trolleys, during the week
of March 13 through March 18, 2023. OIG staff examined this footage and physically counted
each rider entering the sampled trolley, including drivers that periodically exited and entered the
trolleys, to determine the total ridership for each trolley run.
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The corresponding physical counts were then compared to the APC and trolley drivers’ manual
counts, which led to the OIG finding significant variances (both positive and negative) between its
video counts and both the APC and manual counts for the nine sampled trolley runs.
PUBLIC RECORDS ISSUE
In a discussion between the OIG and TA as OIG No. 23-11 was concluding, it was stated that the
current Agreement with the City requires the storage of video footage for 21 days. This statement
was confirmed by an OIG auditor, who located a provision in Amendment #5 Exhibit A to the
contract, dated October 26, 2017, which provides that the contractor should equip trolleys with
equipment for “…recording audio and video and storing recorded data for a minimum of three (3)
weeks….” Its representatives also stated in their response to the inspection report that two weeks
is the maximum storage capacity of the outdated memory card in the system.
Following a separate consultation with a First Assistant City Attorney, the OIG was informed that,
under the “totality of circumstances” test developed by the Florida Supreme Court, “such records
created in connection with a City function are likely considered public records pursuant to Chapter
119, Florida Statutes.” According to that attorney, these records “may be surveillance records
which must be maintained for a minimum of thirty days.”
While there is a general provision in Amendment #3 Section 8 under Article 2 of the City’s contract
with LSF, dated January 14, 2016, requiring the contractor to comply with State of Florida Public
Records Law, that provision does not explicitly state the mandated time of records retention for
any of the records, which may vary depending on the nature of the particular records involved.
While the City’s contractor would have had a good faith basis for its reliance on the three-week
retention period specified in the October 26, 2017 Agreement (although it kept the records for
only 15 days), henceforth it should maintain the records for at least the thirty-day period based on
the received legal opinion.
___________________________________ ________
Joseph M. Centorino, Inspector General Date
____________________________________ ________
Mark Coolidge, Chief Auditor Date
cc: Alina T. Hudak, City Manager
Rickelle Williams, Assistant City Manager
Jose R. Gonzalez, Transportation Department Director
Nick Mazorra, COO, Limousines of South Florida, Inc.
Wendy Diaz, Sr. Technical Support Manager, TSO Mobile by Tracking Solutions, Corp.
Rafael Paz, City Attorney
Mark Fishman, First Assistant City Attorney
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11/2/2023 | 5:05 PM EDT
11/2/2023 | 5:09 PM EDT
A TRANSPORTATION AMERICA COMPANY
August 22, 2023
Jos ph M. Centorino, Inspector General Sent Via Email
The Office of Inspector General JOSt'pheenl nri nO(a.111 iam iheach !l .gm
City of Miam i Beach
11 30 Washington Avenue
6th Floor
Miami Beach, FL 33 139
Re: LSF Response To Draft OIG Public Records Compliance Review of Trolley
Ridership Video Retention -OIG No. 23-xx
Dear Mr. Centorino:
LImousines of South Florida, Inc. (LSF) thanks the Office of Inspector General (OIG) for the
opportunity to respond to the above-referenced Draft o rG Public Records Compliance Review of Trolley
Ridership Video Retention -OIG No. 23-xx. LSF notes that this Response follows a prior LSF Response,
dated June 21, 2023, to the Draft Trolley Ridership Inspection Report (OIG Report). To the extent that any
issues are relevant to this OIG Report, LSF incorporates that prior submission to this attached Response.
As noted previously, LSF remains committed to ensuring that the public record provides a factual
and accurate account of the issues discussed in the OIG's Inspection Report and the instant OIG Public
Records Complianc Review of the Trolley Ridership Video Retention. In this regard, LSF appreciates the
opportumty provided to ensure that the public record is inclUSive of perspectives from all relevant parties
the OIG (as author of the Reports), and the City staff and LSF as parties of the Miami Beach Trolley
Program Agreement. To th iS end, attached please find LSF's Response to the Draft O]G Public Records
Compliance Review of Trolley Ridership Video Retention -OIG No. 23-xx.
For purpose of clarity 10 the public record, as with LSF's pnor Response, the attached comments
are pr vlded within the text of the Draft OIG Report that was provided on August 17, 2023. Specifically,
LSF proVides comments tll Blue Ita lic Font in response to each paragraph of the OIG Draft Report
Immediately after each paragraph in the Memorandum, so that the OIG can determine which responses will
be incorporated into the Final OIG Report.
Consistent with Section 2-256, Sub-Section (h) of the Code of the City of Miami Beach, LSF
respectfLl ll y requests that thi complete Response be nonetheless attached to the Final OIG Report so that
LSF' comments lhat are not Incorporated into the OIG Final Report can be available for anyone that wishes
to re iew LSF' Respon e/Comments.
l[you have an questions, or requi re any further information, pIe o not hesitate to advise.
Attachm nt
2766 NW 62nd Street
Miami, Florida 33147
TeI30S.26S.3302
Fax305.Z65.3303
1
LSF RESPONSE TO DRAFT OIG TROLLEY PUBLIC RECORDS
COMPLIANCE REVIEW OF TROLLEY RIDERSHIP VIDEO RETENTION -OIG NO. 23-XX
(All LSF Responses/Comments are in Blue Italics Font)
For purposes 01 clarity In the public record. LSF proVides comments in Blue Italics Font in
response to each paragraph of the DIG Draft Report immediately after each paragraph In the
Memorandum so that the GIG can determme whIch responses will be mcorporated mto the Fmal
OIG Report
ConsIstent with Section 2-256 Sub-Section (hJ of the Code of the City of MiamI Beach, LSF
lespectfully requests that th,s complete Response be nonetheless attached to the Fmal O/G
Report so rhal LSF s comments that are not mcolporafed mto the DIG Final Report can be
avalla/lle fOI anyone tl18f wls!7es to revIew LSF s Response/Comments
DRAFT
TO: Honorable Mayor and Members of the City Commission
FROM Joseph M, Centorino, Inspector General
DAff' August 17, 2023
RE: Public Records Compliance Review of Trolley Ridership Video Retention
OIG No. 23-xx
BACKGROUND
ThiS public records contract compliance review was conducted as a result of a separate OIG
Inspection (OIG No. 23-11) to determine the accuracy of reported ri dership figures for the City's
free trolley service, a summary of which IS provided below as background to this report.
LSF Comments (All LSF Comments are in Blue Italics Font)
Llmouslfles of South Flonda, Inc, (LSF) thanks the Office of Inspector General (OIG) for the
opportunity to lespond to the above-referenced Draft DIG Public Records Compliance ReVIew of
Trolley RIdership Video Retention -DIG No 23-xx. LSF notes that thIS Response follows a prior
LSF Response dated Jllne 21 2023 to the Draft Trolley Ridership InspectIon Repon (OIG
Report) To t/1e extent that any Issues are releva/1! to thiS DIG Report, l SF Incorporates that pnOl
subn1lssion to this attached Response
As noted previoLlsly. LSF remains commltred to ensurmg thai the public record proVIdes a factual
and BccU/ate account of the Issues discussed 1/1 the DIG s InspectIon Report and the mstant O/G
Public Records Compliance ReView of the Troffey RidershIp Video Retention In this regard, LSF
appreciates the opportumtv provIded (0 ensure that the publiC record IS I/lcluslVe of perspectIves
from all relevant partIes -the OIG (as author of the Reports) and the City staff and LSF as partlOs
of the M,a111l Beach Trolley P, ogram Agreement
The prior report included an analysIs of ridership data presented to the City by the contractor
responsible for operating its trolley system, LImOUSines of South Florida, Inc. (LSF). Additional
data was received from a subcontractor hired by LSF at the direction of the City, TSO Mobile by
Tracking Systems Corp. (TSO Mobile). TSO Mobile is responsible for the installation and
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maintenance of the Automatic Passenger Counters (APCs) on each trolley. The APCs are used
to count the number of passengers uSing the system. LSF also instructed its drivers to manually
record the number of riders on each trolley while they were on duty.
LSF Comments (All LSF Comments are in Blue Italics Font)
LSF concurs with this paragraph
In discussions with representatives of Transportation Amerrca (TA), the parent company of LSF,
OIG staff was informed that each trolley is equipped with video cameras positioned inside the
vehicle to capture dally images of all passengers entering and exiting each tr lIey, The video
footage is stored on hard drives within the camera system. The DIG auditors planned to conduct
the Inspection by utilizing available footage from those cameras to count the passengers and then
compare their findings with the data compiled by TSO and reported to the City.
LSF Comments (All LSF Comments are in Blue Italics Font)
LSF concurs with this paragraph
Despite several requests by the OIG for video footage, the OIG auditors received a limited amount
of video footage from the contractor, due to the footage being marntained for up to 15 days.
Recordings were provided for nine trolley runs, involving seven indivldua trolleys, during the week
of March 13 through March 18, 2023. DIG staff examined this footage and phYSically counted
each rrder entenng the sampled trolley, Includrng dnvers that periodically eXited and entered the
trolleys, to determrne the total ridership for each trolley run.
LSF Comments (All LSF Comments are in Blue Italics Font)
As noted In the prior Response. and acknowleclgecl in Paragraph 2 ofthe Instant Draft OIG Repo/t.
the video eqUIpment m question was proVided by a subcontractor J1ired by LSF at t he direction
of the City -TSO Mobile by Tracking Systems Corp (TSO Mobife) (emphaSIS added) As such
any capacity limitations as to the number of days tl1at the video footage was available was outsIde
ofLSF s control as the equipment in question was proVIded by TSO Mobile whIch was the vendor
that the City directed LSF to suL1-conlr'7ct wlfh
Nevertheless, as has been noted. the City and LSF Ilave subsequently agreed (0 mstalf new
optIonal VIdeo eqUIpment (nat will be provided by LSf-thaI will have the capacity to retam Video
footage for thirty (30) days which IS consistent with the parameters delmeated m thiS OIG Draft
Report
The corresponding physical counts were then compared to the APC and trolley drrvers' manual
counts, which led to the DIG finding Significant variances (both positive and negative) between its
video counts and both the APe and manual counts for the nine sampled trolley runs.
LSF Comments (All LSF Comments are in Blue Italics Font)
LSF concurs WIth thiS paragraph, but reiterates the pomt from the prior Response that the OIG s
InspectIon Report dId not cOllelucie the City s /tolley ncJershlfJ flgvres were mflated. In fact. It was
qUlCe the opposITe Dunng tne deSIgnated one-week observation penod conducted In March 2023.
the O/G found that ndersl7lp figures were underreported by almost sixteen percent (16%). In other
WOrds. during the deSIgnated one-week penod. the Tro lley Program transported almost sIxteen
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(16%) more passenge/s than reported by the APC eqUIpment
LSF respectfully submJ(s thar these detaIls are hlghlV probatIve, and should be provided in tile
lext of the OIG s FInal Report Of affIxed to the Fmal Report as part of LSF s Response
PUBLIC RECORDS ISSUE
In a diSCUSSIon between the OIG and TA as OIG No. 23-11 was concluding, it was stated that the
current Agreement with the City requires the storage of video footage for 21 days. This statement
was confirmed by an OIG auditor, who located a provision in Amendment #5 Exhibit A to the
contract, dated October 26. 2017, which provides that the contractor should equip trolleys with
eq uipment for " . recording audIO and video and storing record ed data for a minimum of three (3)
weeks . .. " Its representatives also stated In their response to the inspection report that two weeks
is the maximum storage capaci y of the outdated memory ca rd in the system.
LSF Comments (All LSF Comments are In Blue Italics Font)
LSF generally concurs With thiS paragraph, but rel/erates that any capacity limitations as to the
numbef of days that the Video footage 111 question was available was outside of LSF s control, as
the eqLllpment In quest/on was prOVided by TSO MobIle. which was the vendor that the City
directed LSF to sub-contract With
Nevertheless as has been noted, the City and LSF have subsequently agreed to I17stall new
optional Video eqwpmenl that wII' be prOVIded by LSF that will have (he capacity to retam Video
footage for thirty (30) days, whIch IS consIstent With the parametel s delineated in Ihls OIG Draft
Report
FollOWing a separate consultation with a First Assistant City Attorney, the OIG was informed that.
under the "totality of cIrcumstances" test developed by the FlOrida Supreme Court, "such records
created In connectIon With a City function are li kely conS idered public records pursuant to Chapter
119, Florida Statutes " According to that attorney, these records "may be surveillance records
which must be maintained for a minimum of thirty days."
LSF Comments (All LSF Comments are in Blue Italics Font)
LSF offers no opmion al thiS tlllle as (0 the legal mterpretatlon of the Frrst ASSistant City Attorney
as to the scope of Il1e Flonda PubliC Records Act. Chapter 119 of the Flonda Statutes.
However. as has been stated, the City and LSF have subsequently agreed to Install new optional
Video eqwpment that will be proVIded by LSF tfiat will have the capacity to retain Video footage
for thllty (30) days, whIch IS consIstent With the parameters delineated In thiS OfG Draft Report.
regafdless of whether LSFs cOLlnsel agrees or dIsagrees with the City s 'egal opinion
Although there is a general provision in Amendment #3 Section 8 under Article 2 of the City's
contract with LSF, dated January 14, 2016. requiring the contractor to comply with State of Florida
Public Records Law, that provision does not explicitly state the mandate d time of records retention
for any of the records. which may vary depending on the nature of the particular records involved.
LSF Comments (All LSF Comments are in Blue Italics Font)
LSF concurs With thiS paragl aph
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While the City's contractor would have had a good faith basis for its reliance on the three-week
retention period specified in the October 26, 2017 Agreement (although It kept the records for
only 15 days), henceforth it should maintain the record s for at least the thirty-day period based on
the received legal opinion
LSF Comments (All LSF Comments are in Blue Italics Font)
As noted previously LSF does not opme at this time as to the lega/lnterpretatlOn/oplnlon of the
irs! Assistant Cay Attorney as to the scope of the Flonda Public Records Act Chapler 11 9 of the
Flof/cla Statute
However as has been stated. the Cilv and LSF have subsequently agreed to II1stall new oplJonaf
vf[ieo equipment that will (le provided by LSF that wIll have the capacity to retain video footage
fOt thirty (30) days which IS consistent with the parameters delineated If? th,s OIG Draft Report.
regardless of whether LSF s counsel agrees or dIsagrees With the City s legal Op iniOn.
Joseph M. Centorino Inspector General Date
Mark Coolidge. Chief Auditor Date
cc: Alina T Hudak. City Manager
Rickelle Williams, Assistant City Manager
Jose R. Gonzalez, Transportation Department Director
Nick Mazorra, COO, Limousines of South Florida, Inc.
Wendy Diaz, Sr. Technical Support Manager, TSO Mobile by Tracking Solutions, Corp.
Rafael Paz. City Attorney
Mark Fishman, First Assistant City Attorney
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TO: Joseph M. Centorino, Inspector General
FROM: José R. González, P.E., Director, Transportation and Mobility Department
DATE: October 4, 2023
SUBJECT: Office of the Inspector General (“OIG”) Draft Report - Public Records
Compliance Review of Trolley Ridership Video Retention – OIG No. 23-20
The City Administration (“Administration”) has completed a review of the Office of the Inspector
General’s (“OIG”) Draft Report entitled “Public Records Compliance Review of Trolley Ridership Video
Retention” (“OIG No. 23-xx”) which follows a prior OIG report entitled “Trolley Ridership Inspection
Report” (“OIG No. 23-11”). To the extent that any issues identified in OIG No. 23-xx are relevant to OIG
No. 23-11, the Administration incorporates its prior comments to this response.
The Administration remains committed to ensuring the integrity of the public record with regard to the
retention of video footage from the closed-circuit television (“CCTV”) cameras on-board the trolley
vehicles used for the operation of the Miami Beach Trolley service. The existing CCTV camera and
hard drive equipment installed in each trolley vehicle is outdated by current industry standards and does
not have the capacity to retain more than about 15 days of video footage.
The Transportation and Mobility Department is working with the trolley contractor, Limousines of South
Florida, Inc. (“LSF”) to upgrade all CCTV cameras and hard drives on-board all City trolley vehicles as
expeditiously as possible to ensure that video footage can be maintained for a minimum of 30 days
pursuant to the interpretation of the City Attorney’s Office of Chapter 119, Florida Statutes.
LSF anticipates the new upgraded equipment will be installed on all City trolley vehicles and fully
operational by November 30, 2023. Hence, from that date forward, all trolley video footage will be
maintained for a minimum of 30 days.
The Administration appreciates the opportunity to comment on OIG No. 23-xx. Please feel free to
contact me or José R. González, P.E., Transportation and Mobility Director, at
josegonzalez@miamibeachfl.gov if you have questions or require further information.
cc: Alina T. Hudak, City Manager
Rafael Paz, City Attorney
Eric T. Carpenter, P.E., Deputy City Manager
Rickelle Williams, Assistant City Manager
José R. González, P.E., Director, Transportation and Mobility Department
Nick Mazorra, Chief Operating Officer, LSF
Mark Coolidge, Chief Auditor
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