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HomeMy WebLinkAboutR-96-0014RESOLUTION NO. 9 6 - 14 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY FOR THE IMPLEMENTATION OF A COMPUTERIZED PARKING TICKET ISSUING SYSTEM WITH TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") desires to be a part of Metropolitan Dade County's ("County") 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; and WHEREAS, the County intends to acquire and operate, at no expense to the City, a Computerized Parking Ticket Issuing System for use by the Office of the Clerk (Parking Violations Bureau); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. A TTA CHAj EN T (S) N CONTAINED CITY COMMISSION MEETING OF JAN 2 5 1996 Resolution No. 96- 14 Section 2. The City Manager is hereby authorized to enter into an Agreement, in substantially the attached form, with Metropolitan Dade County for the implementation of a Computerized Parking Ticket Issuing System, with terms and conditions as set forth in said Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of January 1996. STE EN P. CLARKff MAYOR ATTEST WALTER J. F EK &N-;"0IT-Y CLERK PREPARED AND REVIEWED BY: RAFAEL 0. DIA DEPUTY CITY A APPROVED AS TO FORM AND CORRECTNESS: A. QUJ9NO, III CITY ATTO Y ROD:BSS:bf:W541 -2- AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into as of this day of 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 - OFF STREET PARKING, 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. r 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: 12/ 19/95 96-a 14 s ARTICLE ONE Responsibilities of the COUNTY The COUNTY agrees to: l . Implement a countywide Computerized Parking Ticket Issuing System. Implementation of the SYSTEM will include all of the equipment listed in ATTACHMENT 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 ATTACHMENT 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; and addressing all business and technical issues. ARTICLE TWO Responsibilities of the CITY The CITY agrees to: i l . Accept from the COUNTY and utilize the equipment detailed in ATTACHMENT A, which i equipment and system will enable the CITY to issue parking tickets, and transmit and receive parking ticket ! related information. 96-- 14 S 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. 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. 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'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 ATTACHMENT A. 3 96 - 14 ARTICLE FOUR Riaht 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, 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 COUNTY's costs, expenses and damages, as determined by the COUNTY, but subject to the provisions of 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. 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 Parking Violations Bureau 190 NE 3 Street 140 West Flagler Street, Room 102 Miami, Florida 33134 Miami, F133130 Attention: Clark Cook Attention: Carlos Figueroa, Manager i Parking Director 3 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. 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 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. 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 Comolete Agreement No representations or warranties shall be binding upon either party unless expressed in writing herein. 12/ 19/95 5 96- 14 s ARTICLE ELEVEN Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the parties and the Clerk of Courts as AGREEMENT administrator. By: Witness Approved as to Form & Correctness: A. Q Jo es III, City ttorne i ATTEST: DADS LINTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS I HARVEY RUVIN, CLERK M. By: COUNTY MANAGER i CITY OF MIAMI, FLORIDA CA'r20 " INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and DATE : January 10, 1996 FILE Members of the City Commission SUBJECT Ce}s�ar COMPUTERIZED FROM : City REFERENCES : PARKING TICKET ISSUING SYSTEM ENCLOSURES RECOMMENDATION It is respectfully recommended that a resolution be passed authorizing the City Manager to enter into an agreement, in substantially the attached form, with Metropolitan Dade County ("County") for the implementation of a Computerized Parking Ticket Issuing System with terms and conditions as set forth in said agreement. BACKGROUND The City of Miami ("City") endeavors to provide their citizens with the best possible parking enforcement services supported by up-to-date technology. The County intends to acquire and operate, at no expense to the City, a Computerized Parking Ticket Issuing System for use by the Office of the Clerk (Parking Violations Bureau). To achieve these improved services, the City desires to be a part of the County's Computerized Parking Ticket Issuing System. Therefore, it is respectfully recommended that a resolution be passed authorizing the City Manager to enter into said agreement with the County. Chit of �9, Op A. QUINN JONES, III City Attorney VIA FACSIMILE December 8, 1995 Roy Wood, Esquire Office of the County Attorney 111 N. W. 1 st Street, Suite 2810 Miami, Florida 33128 Re: Computerized Parking Ticket System Interlocal Agreement ("Agreement") (305): 579-6700 Telecopier: (305) 579-3399 Dear Mr. Wood: The City of Miami requires clarification and/or amendment of the following provisions of the Agreement prior to its execution: 1) In paragraph 2 of Article One, the servicing of the System is delineated as a responsibility of the County, however, in paragraph 4. of Article Two the same maintenance is listed as a responsibility of the City. Please clarify and amend the language of the Agreement accordingly. 2) Article Four requires that the City reimburse the county for any "... costs, expenses or loss of revenue ... " it may incur as a result of the failure of the City to meet its obligations under the Agreement. It also pretends to set-off any such losses from "any source whatsoever." The City wants to eliminate this paragraph completely and have it replaced by a normal default clause such as: If the City fails to meet its obligations as set forth in the Agreement, the City shall be deemed in default and the County shall have the right to terminate this Agreement immediately upon notice to the City of such default. Sincerely, C Rafael O. Diaz Deputy Ci ttorney cc: A Quinn Jones, III, City Attorney Christina Cuervo, Chief of Staff Clark Cook, Executive Director Department of Off -Street Parking BF: WOI I.doc OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 3 96- 14 x,\ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM,, ro : Cesar H. Odio DATE : Decerrilier 21, 1§05 FILE City Manager SUBJECT : Agreement with Metro -Dade County Re: Parking Ticket Issuing System ("Agreement") FROM :Rafael O. Dl /////REFERENCES Deputy City Attorney ENCLOSURES: After negotiating with the County for a number of weeks concerning our comments contained in our letter to Roy Wood dated December 8, 1995 (the "Letter"), the County has proposed changing the language of the Agreement as follows: 1. Paragraph 4 of Article Two was amended by the deletion of the words "Maintain and." That amendment eliminates the conflict described in the Letter. 2. Article Four has been amended by the replacement of the words "loss of revenues" with the word "damages" and by the limitation of the right to offset to revenues derived from parking tickets. This new language reduces our exposure because "damages" would be measured from the standard of the previous year's parking revenues rather than from projected revenues which could be more readily implied from the previous language. We have had the City Attorney initial the Agreement for form and correctness in the event j that you decide to execute it in its new form. Please advise us of your decision at your convenience. i ROD:bf:W025 attachment 96- 14