Res No 083-21-15703RESOLUTION NO. 083-21-15703
A Resolution authorizing the City Manager to enter into a multi-year Interlocal
Agreement with the Miami-Dade County Clerk of Courts.
WHEREAS, the Miami-Dade County Clerk's Office is entrusted with the
intergovernmental jurisdiction to manage the Parking Violations Bureau, which oversees the
collection and disbursement of parking violation revenues for the City of South Miami and all
other Miami-Dade County local jurisdictions which have parking programs and;
WHEREAS, on November 9, 2006, the City of South Miami entered into an interlocal
agreement with the Miami-Dade County Clerk of Courts to take part in the Computerized
Parking Ticket Issuing System and;
WHEREAS, the Parking System Trust Fund has been depleted during the past two years
consequently, Miami-Dade County Clerk of Courts is kindly requesting that every
municipality/agency pay for their respective share of the Parking Enforcement Handheld
System (including paper, cellular data charges, maintenance, and shipping costs) and;
WHEREAS, the proposed Interlocal agreement authorizes the Miami-Dade County Clerk
of Courts to deduct a Cost Recovery Fee from the City equaling one dollar and twenty-five cents
($1.25) per each citation issued by the City and processed through the Miami-Dade County
Clerk of Courts System, for the purpose of cost recovery by the Clerk's Office for administration
of the System and;
WHEREAS, should the City not execute the proposed interlocal agreement, Miami-Dade
County Clerk of Courts has informed the City that the City would be required to go back to
writing parking enforcement violations via parker (paper) and pen, which from an operational
standpoint, would make the existing City Parking Program less efficient.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is hereby authorized to enter into a multi-year Interlocal
Agreement with the Miami-Dade County Clerk of Courts. A copy of the agreement is attached.
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
Page lof2
Res. No. 083-21-15703
any reason held invalid or uncon stitutional by a court of competent jurisdiction, the holding
sh all not affect the va lidity of the remaining portions ofthis re solution.
Section s. Effective Date. Thi s resol ution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 20 th day of l!!.!Y, 2021.
ATTEST: APPROVED:
CITV (&Ri<
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
Mayor Philips:
Commissioner Harri s:
Commissioner Liebman:
Commissioner Gil:
Commis sioner Corey :
Page 2 of2
5-0
Yea
Yea
Yea
Yea
Yea
City Commission Agenda Item Report
Meeting Date: July 20, 2021
Submitted by: Steven Kulick
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
Agenda Item No:2.
A Resolution authorizing the City Manager to enter into a multi-year Interlocal Agreement with the Miami-Dade
County Clerk of Courts. 3/5 (City Manager-Finance Dept.)
Suggested Action:
Attachme nts:
MemoJnterlocal_Parking_Enforceme nt_2021_ (4) .docx
ResoJnterlocal_Agreement (l).doc
Moe Ord. No. 18-145.pdf
2021_ProposedJnterlocal_Agreement.pdf
2006_lnterlocal_Agreement_Autocite_.pdf
1
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
From: Shari Kamali, ICMA-CM, City Manager
Date: July 20, 2021
Subject: A Resolution authorizing the City Manager to enter into a multi-year Interlocal
Agreement with the Miami-Dade County Clerk of Courts.
BACKGROUND
The Miami-Dade County Clerk's Office is entrusted with the intergovernmental jurisdiction to
manage the Parking Violations Bureau, which oversees the collection and disbursement of
parking violation revenues for the City of South Miami and all other Miami-Dade County local
jurisdictions which have parking programs.
On November 9, 2006, the City of South Miami entered into an interlocal agreement with the
Miami-Dade County Clerk of Courts to take part in the Computerized Parking Ticket Issuing
System.
The proposed Interlocal agreement authorizes the Miami-Dade County Clerk of Courts to deduct
a Cost Recovery Fee from the City equaling one dollar and twenty-five cents ($1.25) per each
citation issued by the City and processed through the Miami-Dade County Clerk of Courts System,
for the purpose of cost recovery by the Clerk's Office for administration of the System.
Should the City not execute the proposed interlocal agreement, Miami-Dade County Clerk of
Courts has informed the City that the City would be required to go back to writing parking
enforcement violations via parker (paper) and pen, which from an operational standpoint, would
make the existing City Parking Program less efficient.
ATTACHMENTS
-Proposed Resolution
-Ordinance 18-145
-Proposed 20211nterlocal Agreement
-2006 Interlocal Agreement (Autocite)
Page 1 of 1 2
omClALFILE COJ'Y
CI.EIlK or '!BE BOARD
OF COUNtY CCWMISSIo.1tIEJIS
!&LUII-DADE COUNTY. Jl.OlUDA
MEMORANDUM
TO: Honorable Cbainnan Esteban L. Bovo, Jr. DATE:
and Members, Board of County Commissioners
FROM: Abigail Price-Williams
County Attorney
SUBJECT:
Ordinance No. 18-145
Amended
Agenda Item No. 1(A)
December 4, 2018
Ordinance relating to parking
violation fines and costs; deleting
section 30-388.21 of the Code;
amending sections 30-388.32 and
30-450 of the Code; increasing
certain fines and costs associated
with parking violations; and
making technical changes
The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Sally A. Heyman.
APW/smm
CiW'-
Abigail Price-Williams ~
County Attorney " \)
/
5
Memorandum __
Date: December 4, 2018
To: Honorable Chairman Esteban L. Bovo. Jr.
and Members. Board of Co mmls8lom~rs
From: Carlos A. Gimenez
Mayor
Subject: Relating to Parking Violations and Fines
The proposed ordinance relating to parking violations and fines deletes Section 30-388.21 and
amends Sections 30-388.32 and 30-450 of the Code of Miami-Dade County wlll·provide additional
revenue to the Clerk of the Courts by increasing certain fines and costs associated with parking
violations. Based on the current levels of citations issued. overall revenues to the municipalitIes and
Clerk·s Office are expected to increase between $4.4 million to $8 million.
:auL
Deputy Mayor
AS00719 SUB 182364
6
M d MIAM ... emoran urn am
Date: December 4, 2018·
To: Honorable Chainnan Esteban L. Bovo, Ir.
and Members, Board of Coun
From: Carlos A. Gimenez
Mayor
Subject: Social Equity Statement for Ordin e Related to Parking Violations Fines and Costs
The proposed ordinance amends Sections 30·388.32 and 30450 of the Code of Miami-Dade County
to increase the fines and costs associated with parking violations, and designates and sets aside an
amount for each assessment for certain purposes. Individuals found to be in violation of this section
of the Code will be subject to . er fmes and costs.
7
MEMORANDUM
(Revised)
TO: Honorab le Chairman Esteban 1. Bovo, Jr. DATE: December 4, 2018
and Members, Board of County Commiss ione rs
FROM: rce-IJi~ Amended
SUBJECT: Age nd a Item No. 7(A)
ttomey
Please note any items cbecked .
"3-Day Rule" for committees applicable if ra ised
6 weeks required between first reading and public bearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures witbout balanCing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public bearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's __ ,
3/5's __ • unanimous __ ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
8
Amended Approved __________ .....::M=ay,.L.;:o=r Agenda Item No. 7(A)
Veto 124-18
Override
ORDINANCE NO. 18-145
ORDINANCE RELATING TO PARKING VIOLATION FINES
AND COSTS; DELETING SECTION 30-388.21 OF THE CODE
OF MIAMI-DADE COUNTY, FLORIDA; AMENDING
SECTIONS 30-388.32 AND 30-450 OF THE CODE OF MIAMI-
DADE COUNTY, FLORIDA; INCREASING CERTAIN FINES
AND COSTS ASSOCIATED WITH PARKING VIOLATIONS;
AND MAKING TECHNICAL CHANGES; PROVIDING
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE
WHEREAS, Miami-Dade County is authorized, by its Home Rule Charter, to enact laws
regarding the regulation of stopping, standing or parking of motor vehicles; and
WHEREAS, Miami-Dade County has adopted broad legislation regulating stopping,
standing and parking of motor vehicles, including fines associated with violations of the County's
laws regarding same; and
WHEREAS, the fines associated with violations of the County's parking laws have not
been modified in over a decade; and
WHEREAS, indeed, in many parts of the County, including the City of Miami and the
City of Miami Beach, it costs less to pay the fine than to pay for parking; and
WHEREAS, the County's parking fines are, in many instances, significantly less than in
other parts of the State of Florida; and
WHEREAS, increasing certain of the County's fines associated with parking violations
would not only make the County more consistent with other cities and counties across Florida, but
may also provide additional needed revenue to the Clerk of Courts,
9
Amended
Agenda Item No. 7(A)
Page 2
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30-388.21 of the Code of Miami-Dade County, Florida, is hereby
deleted as follows: 1
See. 30 .. 388.21.
t8 39 388.19.
[[PeRRIi)' IoF vie.afteB el SeftieBs 39 388.9
All vielaf:ieBs ef SeebeDs 39 388.9 te aBe iaelaeiag 39 388.19 [sie)
shall he plmisftehle hy a fiBe Bat te eteeed R\'e ftltlui.ee and fifty sellars
($2S9.99) ar impflsanmeRt Ret te exeees thifty (39) days to the Cewty
Jail, Sf l3ath, iD the Eiisereasfl ef the Catety Jtlage.]]
Section 2. Section 30-388.32 of the Code of Miami-Dade County, Florida, is
hereby amended as follows:
Sec. 30-388.32. IlPeRalty]J»Fines and costs« for violation of
article.
(a) Violations of this article shall be punishable by the fine indicated below:
Schedule of Parking Fines and Costs
Section No. Initial Fine Fine After 30 Cos, After Offense Charged
Days 30 Days
30-367 [[$33.99]] [[~]] [[~]] Parking without valid license
»S47.00« »~57.00« »$16.00« plate
30-[[518.99]] [[~]] [[$t4;OO]] Parking after violation shows on
378»00« »132.QO« »$42.00« »~16.00« meter
30-[[$18.99]] [[~]] [[~]] Parking continuously in excess of
378»00« »$32.00« »$42.00« »$16.00« max.inlum time permitted on
meter
Words stricken through andlo~ [[double bracketed]] shall be deleted. Words underscored
and/or »double arrowed« constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
10
Amended
Agenda Item No. 7(A)
Page 3
30-[[118.99]] [[$3] '{)Q]] [[$14.90]] Parking for a period longer than
378»(£}« »$32.00« »$42.00« »$16.00« designated on meter giving notice
thereof
30-[($18.99]] [($31.QQ]] [[$14.00]] Parking improperly by not
378»@« »$2S.00« »$38.00« »$16.00« parking wholly within meter
parking space
30-379 [[$23.90]] [[$28.00]] [[$14.90]] Parking improperly by not having
»$25.00« »$38.00« »$16.00« front of vehicle next to meter or
by making meter not visible from
street
30-388.3 [[S28.00]] [[$33.90]] [[$14.00]] Prohibited at all times in certain
»S42.00« »~S2.00« »~16.00« places
30-388.4 [[$28.00]] [[$33.90]] [[$14.00]] Prohibited at all times all certain
»S42.QO« »~52.00« »~16.00« streets
30-388.5 [[128.00]] [[m.GQ]] [[$14.00]] Prohibited during certain hours
»~42z00« »~S2.00« »~16.00« on certain streets
30-388.6 [[~]] (($28.90]] [[$14.09]] Parking longer than time
»$42.00« »$52.00« »$16.00« designated on signs on certain
streets
30-388.7 [[$23.00]] [[$28.90]] (($14.00]] Parking in other than parallel
»S4Z.00« »~52.00« »~16.00« position on two-way roadway
30-388.7 [[$23.90]] [[$28.09]] ([$14.00]] Parking vehicle more than 12
»$42.00« »$52.00« »$16.00« inches from curb or edge of
roadway
30-388.7 [[S23.QO]] [[$28J)Q)] [[$14.00]] Parking vehicle in direction
»$42.00« »$52.00« »$16.00« opposite to authorized traffic
movement
30-388.8 [[3:23.90]] ([~]] [[$-14:00]] Moving other person's parked
»$42.00« »~52.00« »~16.00« vehicle without authority
30-388.9 [[$28.90]] [[$33.00]] [[$14.00]] Leaving vehicle, except delivery
»$42.00« »$52.00« »$16.00« vehicle, for 5 minutes unattended
without stopping engine and
removing ignition key
30-388.10 [[328.00]] [[$33.90]] [[$-14:00]] Parking so as to obstruct traffic
»120.00« »$1S0.00« »SI6.00« on street
30-388.11 [[S28.00]] [[m.GQ]] [[$14.00]] Hazardous parking on street or
»~ 120.00« »~IS0.00« »SI6.00« highway outside municipality
[[~ [[$33.00]] [[$4;;00]] [[$14.00]] [[WillBHly aemtletiflg 5lfee~ h~
388.12]] ifflj3eaiBg tfafHe af eftdegeFiftg
mevemeat af '/emeles ar
f:'eaestAes ]]
1
11
Amended
Agenda Item No. 7(A)
Page 4
30-388.13 [[$28.90]] [[$33.00]] [[SI4.90]] Un1awful parking or obstructing
»S120.00« »$150.00« »S16.00« traffic in alley
30-388.14 [[S28.00]] [[S33.00]] [[514.99]] Parking more than half-hour
»$42.00« »$52.00« »$16.00« during night hours prohibited by
sign
30-388.16 [[$28.00]] [[$33.09]] [[SI4.90]] Parking adjacent to school when
»S~2.QO« »~S2.0Q« »S16.00« prohibited by sign
30-388.17 [[$28.99]] [[$3:l:OO]] [[$-1400]] Parking on narrow street when
»$42.00« »:&52.00« »~16.00« prohibited by sign
30-388.18 [[S28.00]] [[$3:l:001J [[$-1400]] Parking on left hand side of one-
»$42.00« »$52.00« »$16.00« way street when prohibited by
sign
30-388.19 [($28.00]] [[$3:l:OO]] [[514.09]] Parking on left hand side of one-
»$42.00« »$52.00« »$16.00« way roadway of street with 2 or
more roadways
30-388.20 [[$28.00]] [[S33.99]] [[$-1400]] Parking near hazardous or
»S120.00« »SI~O.OO« »S 1 6.00« congested places
30-388.23 [[$23.00]] [[$2&00]] [[$-1400]] Parking in passenger curb loading
»S42.00« »~52!00« »$16.00« zone
30-388.23 [[$23.09]] [[528.00]] ([$14.99]] Using passenger curb loading
»$42.00« »$52.00« »$16.00« zone for more than 5 minutes to
load or unload passengers
30-388.24 [[$23.Q9]] [[$2&00]] [[$l4;OO]] Parking in freight curb loading
»~7S.00« »~100100« »~16.00« zone
30-388.24 [[$23.gQ]] [[S28.g9]] [[~]] U sing freight curb loading zone
»S7S.00« »~100tOQ« »S16.00« for more than 30 minutes
30-388.25 [[$23.90]] [[$2&00]] [[$l4;OO]] Parking in restricted parking zone
»S32.QO« »S42.00« »$16.00«
30-388.26 [[$23.09]] [[$28.99]] [[$-1400]] Bus or taxicab parked in business
»$42.00« »$52.00« »$16.00« district other than at bus stop or
taxicab stand, respectively
30-388.27 [[$23.QQ]] [[~]] [[$l4;OO]] Parking in bus stop or taxicab
»S~2.00« »$52.00« »Sl~.OO« stand
30-388.29 [[$23.99]] [[$28.00)] [[$l4;OO]] Improper angle parking
»~42.00« »S52.00« »S16.00«
30-388.30 [[$23.GO]] [IR&QQ]] [[$-1400]] Loading or unloading at angle to
»~42.00« »~52.QO« »$16.00« curb without required pennit
12
30-388.31
Amended
Agenda Item No. 7(A)
Page 5
[[$23.99]] [($28.99]] [[~]] Parking truck of 1 ton or more in
»$42.00« »$52.00« »$16.00« residential area for more than 1
hour
(b) Reduced fine schedule for persons pleading guilty by mail: Upon a finding that it
will further the interests of justice and promote judicial economy, the Chief Judge
may, by administrative order, reduce the fines prescribed in subsection (a) of this
section.
(c) Except as set forth in subsection (a), above, Section 30-447, and Section 30-
292»{1 )(a)02)«, all violations of ordinances and statutes regulating, prohibiting
or otherwise controlling the parking of motor vehicles shall be punished by a fine
not to exceed [[tflirty del1afs ($30.QO)]] »$42.00«, plus the surcharge provided
in subsection (g) and, after thirty (30) days, the imposition of late penalties in the
amount of [[Rveaty three de liars ($23.00)]] »$10.00 plus costs in the amount of
$16.00. All fines and costs collected pursuant to this ch@l)ter are« to be
distributed in accordance with this chapter, unless otherwise provided by
([eftlinaftee,]] »state« statute », including for the provision of the Clerk of the
Court's services at the district/satellite courts« ([, er asminiseti'le areel ef ~e
CkiefJl:Idge)] .
(d) In addition to the fines and costs referred to in subsection (a), upon a finding of
guilty after trial, the Court shall assess court costs against the gUilty party.
[[Ee) The Chief Jaege may, by aemiaistrati'/e, ereer, eesignete Elft8 speeiaUy set aside
five EleU8fS ('S.OO) fer eaeh assessmeat ef 8e5m refea:ed ta ill 9l:IbseetiaR (El) fer the
estahlishmest ef a Pari<iag System TfHst F\fltd aBEl a Cetlft Faeilily Trust F1::1Bs. Thfee
sell6f5 (13.9~ sBelI Be ,laees in the PadEmg System Tmst Flifts &BEl tae fefBainiag
twa eell8f9 ($2.9~ shall he plaeee ia the GeuR Fasility mst Fwui. The Chief Judge
8Bd t.fte Clerk ef Ihe Cstlft may al:1!1ierie expeaElilttre te these ames fer mainteaanee
8ftd ellhaneemeftt sf the PMkiRg '1ielatieas Btifeau aae eeW't faeilities.
(I) The Clerk sf ~e Cs\tJ1s may designate aBe speeially set aside fe\U' dell81'S ($4.09)
fer eaah assessmeBt ef eest5 feferfe8 ta iB Sl:l8Seetiea (a) fer the estalllishmeBt af ilie
Clerk's Sep/iee Bn.'laBeemeftt Trust FilftEl whieh shall he eseci fer the Blaimenaftee &Bel
enhaBeemeftt ef the fliBetieas sf the Clerk.
~]] »Ce) In addition to the fines and costs referred to in subsection Cal, a« [[Al]
surcharge of four dollars ($4.00) is imposed on parking fines»for the pw:pose of
funding school crossing guard programs. The« [[aAG]] monies collected shall be
placed in the School Crossing Guard Trust Fund [[ as Buthefiz.ee sy SeeaeR
31 ~.1i1i0(4)fe), FleFiaa Stmtltes]].
13
Amended
Agenda Item No. 7(A)
Page 6
Section 3. Section 30-450 of the Code of Miami-Dade County, Florida, is hereby
amended as follows:
Sec. 30-450. -Penalty for misuse of specially marked parking spaces.
It is unlawful for any person to stop, stand, or park a vehicle within any parking space
designated for persons transporting young children and strollers, unless such vehicle
displays a parking permit decal issued pursuant to administrative order, and such vehicle
is transporting a child aged two (2) years or less; provided, however, physically
handicapped and/or disabled persons displaying a valid handicapped parking permit shall
be permitted to utilize parking spaces designated for persons transporting young children
and strollers. Whenever a law enforcement officer or a parking enforcement specialist
finds a vehicle in violation of this section, that officer or enforcement specialist shall:
(1) Have the vehicle in violation removed to any lawful parking space or facility or
require the operator or other person in charge of the vehicle immediately to remove
the unauthorized vehicle from the parking space. Whenever any vehicle is removed
by a law enforcement officer, parking enforcement specialist, or agency to a storage
lot, garage, or other safe parking space, the cost of such removal and parking shall be
a lien against the vehicle, or
(2) Charge the motor vehicle owner in violation with a noncriminal traffic infraction.
(a) Whenever evidence shall be presented in any court of the fact that any
automobile, truck, or other vehicle was found to be parked in a specially
designated parking space in violation of this section, it shall be prima facie
evidence that the vehicle was parked and left in the space by the person, firm,
or corporation in whose name the vehicle is registered and licensed according
to the records of the Division of Motor Vehicles.
(b) Violators of this article shall be punished by [[tile mlHamam]] »~« fine
[[fef a BaB ma'/ing v-ialatiaa ptif5U&Bt ta Chaptef 318, Flease Statutes]] »of
$48.00«.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
/~
14
Amended
Agenda Item No. 7(A)
Page 7
Section 5. The provisions of section 2 of tbis ordinance shall not take effect until July
1,2019.
Section 6. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may
be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 7. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override
by this Board.
PASSED AND ADOPTED: December 4, 2018
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Monica Rizo Perez
Prime Sponsor: Commissioner Sally A. Heyman
/1
15
AGREEMENT
T I-II S INTERLOCAL AGREEM EN T (,'AGREEMEN T") is made and en tered in to as of t hi s L
day of (}~td , l.Q2.L, by and be twee n th e Mia mi -Dade Clerk of Co ur ts , ("C LERK") and th e City of
So uth Mia mi , a muni c ip a l co rp o rati on un de r the State of Florida, ("C ITY ").
W ITNESSETH :
WHEREAS , the Miami-Dade County Cle rk's Office is ve sted with the in te rgovernmental jurisd ict io n
to manage the Park in g V io lat ions Bureau , which ove rsees the co ll ection and disburse me nt of park ing
vio lat ion revenues; and
WH EREAS, the Flor ida In te rl ocal Cooperat ion Ac t (Sect io n 163 .0 1, Flor ida Statut es) a uth ori zes
pub li c age nc ies to ent e r int o ag ree me nts w ith oth e r pub lic age ncies by w hic h se rvices and eq ui pment a re
share d and fi na nc ia l s upp ort related to such serv ices a nd equ ipm e nt is a ll oca ted be twee n such publi c
age ncies .
WHEREAS , in order to cap ture re ve nue los t due to illegibil ity o r iss ue e r ro r, as we ll as to en hance
productiv it y, scofflaw and stolen veh icle enforcement. and to ensure the publ ic a unifor m proce ss for the
payment and appea l of pa rki ng c it ations, the CLERK , in coord in at ion w ith a ll M iami-Dade County ci ti es,
has se rved as a cata lyst in the procurement of a Digita l Park in g Citat ion Issuing Syste m; and
WHEREAS, the C LERK has estab li shed a Unifo rm Di g it a l Park in g Cit ati o n Issu in g Sys tem
(here in after refe rred to as th e "SYSTEM ") fo r use by the O ffi ce of th e Cle rk (Parki ng Vio lati ons Bureau);
and
WHEREAS , the C ITY , pur suant to an Ime rl oca l Ag reement authorized pursuant to t he Flor ida
Interl oca l Cooperation Ac t and entered imo with the CLERK on November 9, 2006 , agreed to partic ipate in
the SYSTEM, whic h was successfu ll y depl oye d and has been operationa l since such date; and
WHEREAS, the ex isti ng SYSTEM ope rates on a 3G tec h no logy platfo rm th at w ill no longer be
ope rat iona l as of Nove mb er 3D, 202 1, and, as s uch, th e ex ist in g hand he ld dev ices used as par t of th e
SYSTEM wi ll beco me obso lete as of such da te; a nd
WHEREAS, the CLERK has entered into an agreement with Duncan Parking Technologies, Inc., to
procure new handheld devices that operate on a 5G technology platform that will permit for continued
operation of the SYSTEM; and
WHEREAS, the CITY desires to continue to be a part of the CLERK'S Uniform Digital Parking
Citation Issuing System; and
WHEREAS, the CLERK and the CITY both endeavor to provide the citizens with the best possible
parking enforcement services supported by cutting edge technology; and,
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:
1. Maintain a Countywide Digital Parking Citation Issuing System, which will include all of the
equipment listed in A IT ACHMENT A and any upgrade to those items listed.
2. Make satisfactory arrangements to ensure that the components of the SYSTEM listed in
ATTACHMENT 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.
2
ARTICLE TWO
Responsibilities of THE CITY
The CITY agrees to:
1. Accept from the CLERK and utilize the equipment detailed in A IT ACHMENT A and any
upgrade thereto, which equipment and system will enable the CITY to issue parking citations and transmit
and receive parking citation related information.
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 CLERK 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 CLERK and
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.
4. Notify the CLERK immediately regarding the mechanical failure of any components of the
SYSTEM.
5. 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.
6. To pay for the cost of any interface or application not supported by the SYSTEM. The
implementation and use of any interface or application will be at the Clerk's sole discretion.
ARTICLE THREE
Cost Recovery
As authorized pursuant to Section I 63.01 (5)(d) the Floriqa Interlocal Cooperation Act, the CLERK
and the CITY have agreed to the manner in which the parties to this AGREEMENT will provide from their
3
treasuries the financial support necessary to operate and maintain the SYSTEM. The CITY hereby
authorizes the CLERK to deduct a COST RECOVERY FEE from the CITY equaling one dollar and twenty-
five cents ($ 1.25) per each citation issued by the CITY and processed through the SYSTEM, for the purpose
of cost recovery by the CLERK for administration of the SYSTEM. The CLERK will commence collecting
said COST RECOVERY FEE upon the CITY's receipt and use of the equipment described in
A IT ACHMENT A. Citations issued by the CITY which are voided within twenty-one (21) days of issuance
will not be charged a COST RECOVERY FEE by the CLERK.
ARTICLE FOUR
Financing
As stipulated in Article One, Responsibilities of the CLERK, the CLERK will make all the necessary
arrangements to acquire the SYSTEM. Included in the acquisition will be all of the items described in
ATTACHMENT A and any upgrade thereto.
ARTICLE FIVE
Right 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 the CLERK incurs costs, expenses or damages as a result of such failure, the CLERK,
reserves the right to offset said costs, expenses or damages from any sums due the CITY from any parking
ticket revenue source in an amount equal to the CLERK's costs, expenses and damages, as determined by the
CLERK, but subject to the provisions of Article Eight.
ARTICLE SIX
Cancellation
A. 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 penalty or stated cause, by
providing the CITY sixty (60) days advance written notice via certified mail. Furthermore, the CITY shall
have the right to cancel this AGREEMENT without stated cause by providing the CLERK sixty (60) days
advance written notice via certified mail. The CITY will return the equipment described in A IT ACHMENT
A to the CLERK within thirty (30) days of any such cancellation.
4
B. If the CITY cancels or tenninates this AGREEMENT, for any reason, the CITY will be
responsible for the payment of a CANCELLATION FEE to the CLERK equal to the "Total Equipment
Cost" described in A IT ACHMENT A; provided, however, that upon the first day of each subsequent month
from the effective date of this AGREEMENT, the CANCELLATION FEE shall be automatically reduced by
one twenty-fourth (1I24th) from the initial CANCELLATION FEE.
ARTICLE SEVEN
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:
THE CITY
CITY OF SOUTH MIAMI, FLORIDA
6130 Sunset Drive
South Miami, Florida 33143
Attn: Carlos Marenco
CLERK OF COURTS
PARKING VIOLATIONS BUREAU
22 N.W. 1 st Street, 4th Floor
Miami, Florida 33128
Attn: John Suarez
ARTICLE EIGHT
Settlement of Disputes and Venue
The parties agree that the CLERK 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 perfonnance of obligations hereunder, and the CLERK'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 is first exhausted. The laws of the State of Florida shall
govern this AGREEMENT and venue shall be proper exclusively in the 11 th Judicial Circuit of Florida
(Miami-Dade County).
ARTICLE NINE
Terms of the Agreement
The duration of this AGREEMENT shall be for an initial period of two (2) years unless the
AGREEMENT is terminated by the CLERK in its sole discretion. All of its terms and conditions shall
5
remain in full fo rce a nd effect until s uch tim e th at th e AG R EEME T is termin a te d o r m odi fied by mutual
consent.
ARTICLE TEN
Ass ignm e nt s
T he C ITY's o bliga ti ons here und er a re no t ass ignab le. The C IT Y s hall n ot ass ign , transfer, p ledge,
hy poth ecate, s urre nder, o r o th erw ise encumber o r di spose of it s ri g ht s under the AGREEMENT, o r a ny
int e rest in any po rti o n of sa me , w ith o ut th e prior w ritt e n co nse nt of rhe CLERK , wh ic h consent wi ll not be
unreaso nably w it hhe ld .
ARTICLE ELEVEN
Complete Agree ment
No represe ntati ons o r warra nti es s hall be binding upon ei ther pa rty unl ess expressed 111 wri tin g
here in .
ARTICLE TWELVE
Mod ifica tions
Thi s AGREEMENT m ay n o t be a lt e re d , c hanged o r modified exce pt by o r w ith th e writt e n con se nt o f
th e pa rti es a nd the CLE RK as AGREEMENT ad mini strator.
IN WITNESS WHEREOF, the partie s have caused this agreeme nt to be exec uted by th e ir appropriate
offic ia ls, to be effective o n th e date above fir s t writte n.
ATTEST:
By: U ~cJkJ
C ,t y C I'
ATTEST:
CITY OF SOUT~ \/MI B y:~tQ;~cJ2c '
Sha ri Kama li , City Manager
CLE RK OF COURTS,
MIAMI-DADE COUNTY, FLORIDA
XF I Note 20 Handheld Devices
Multi
Persona l Comp ut er
Total Eq uipm en t Cost
...
MS Windows
Auto lssue
ATTACHMENT A
(Year 2021 Agree m e nt )
Hardware I Software Inventory
The CITY of SOUTH MIAM I
\L'}~'l ',1,~''11~~--;~ ·f"\'1 ~~\lflJf:.-·> .. . .. ..
Parkinll Enforcement Man ageme nt System
7
8
2
$20,632 .29
. ' .
I
I
I
AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this __ day of
NOV 0 9 , 2~ ,by and between the Miami-Dade Clerk of Courts, (hereinafter referred to as
the "CLERK") and the CITY OF SOUTH MIAMI, 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 intergovernmental
jurisdiction to manage the Parking Violations Bureau, which oversees the collection and
disbursement of parking violation revenues; and
WHEREAS, in order to capture revenu~ 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 CLERK 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 CLERK'S Computerized Parking Ticket
Issuing System; and
WHEREAS, the CLERK and the CITY both endeavor to provide the 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 CLERK and the CITY do hereby agree to fully and faithfully abide by and be bound by the
following terms and conditions:
23
The CLERK agrees to:
ARTICLE ONE
Responsibilities of the CLERK
1. Implement and maintain a countywide Computerized Parking Ticket Issuing System,
which will include all of the equipment listed in ATIACHMENT A and any upgrade to those
items listed.
2. Insure that once the SYSTEM has been tested and is fully operational, the CLERK. will
make satisfactory arrangements to ensure that the components of the SYSTEM listed in
A IT 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.
The CITY agrees to:
ARTICLE TWO
Responsibilities of the CITY
1. Accept from the CLERK and utilize the equipment detailed in A IT ACHMENT 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
24
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 CLERK 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
CLERK and 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.
4. 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 Enforcement Technology, Inc. (hereinafter referred to as the
"Contractor") attached to the previous agreement entered into by the parties herein entitled
ATTACHMENT B; and to not operate any of the components of the SYSTEM in a negligent
manner.
5. Notify the CLERK immediately regarding the mechanical failure of any components
of the SYSTEM.
6. 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
Financing
As stipulated in Article One, Responsibilities of the CLERK, the CLERK 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 IT ACHMENT A and any upgrade thereto.
3
25
ARTICLE FOUR
Right 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 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 of SOUTH MIAMI from any parking ticket revenue source in an amount equal to the
CLERK's costs, expenses and damages, as determined by the CLERK, but subject to the
provisions of 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 penalty or
stated cause, by giving the CITY ninety (90) days advance written notice by certified mail.
However, the CLERK shall not discontinue the PROGRAM with the CITY unless the CLERK is
discontinuing the PROGRAM in one or more other municipalities. Furthermore, if the CLERK
permits any other municipalities to withdraw from this PROGRAM, then the CITY shall have
the right to cancel this AGREEMENT without penalty or stated cause by giving the CLERK
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
SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Att: Yvonne McKinley
City Manager
CLERK OF COURTS
PARKING VIOLATIONS BUREAU
22 N. W. 1 st Street, 4th Floor
Miami, Florida 33128
Att: Deborah G. Hess
Bureau Manager
4
26
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 tbe Agreement
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.
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 its rights under the
AGREEMENT, or any interest in any portion of same, without the prior written consent of the
CLERK, which consent will t:tot be unreasonably withheld.
ARTICLE TEN
Complete Agreement
No representations or warranties shall be binding upon either party unless expressed in
writing herein.
5
27
ARTICLE ELEVEN
ModificatioDs
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.
ATTEST: CITY OF SOUTH MIAMl
ATTEST: NOV 0 9 2006 CLERK OF COURTS
By: ____ ~~~~~------
6
28
Attachment A
(Year 2006 Agreement)
Hardware / Software Inventory
City of South Miami
HARDWARE INVENTORY
AutoCite X3 Series Handheld Computer
Charger Multiplexer
Personal Computer
Bar Code Reader
SOFTWARE INVENTORY
Windows NT, 2000PE or XPPro Opel'. Sys
PC Anywhere
AutoCites PC System
. .,. .;
. .
3
I
I
I
I
I
I
29
£NFOACE~ENTTECHNO~OV.
4129 Avenida De La P lats
~NC.
Oceanside. CA 92056
(760) 945-9893 • Fax (760) 945-5815
"ATTACHM ENT B"
AutoCITE. AutolSSUE and AutoPROCES ANNUAL MAINTENANCE AGREEMENT
V.L
En/orcement TechliologJi. Inc. (ETEC) offen a nique Maintenance Agreement, beyond the one-ye ..
warranty period, with evety AutoCITE hand-held omputer, AutolSSUE andlor AutoPROCESS System
purchased. This agreement is offered as an addition service to our custom ... to provide the most trouble-
free, efficient, cost-effective maintenance for the Aut DTE Systems . This agreement provides the following
features:
1_ GUARANTEED REPLACEMENT COMPUTER
Guaranteed replacement computers for all models tly manufactured by ETEe, upon request, within
three working days , are provided at no cost wbil any repair work is being comp lete d at Enforce11Wtl
Techn%gy, Inc. on any ETEC-manufacrured unit uiring repair . Whenever a hand-held computer requir ..
repair, it is the resp onsibi lity of the customer to d two tbings: I) you mu st place a call to the engineering
service center to get verbal consultation on the prob . 2) If it is deemed necess3ty to send the unit to ETEC
for repair, a Return Material Authorization (RMA) ber !!!!ill be issued by the En/orcement Technology
Engineering Service Center. Failure to obtain number will hinder the turnaround time Df Ihe
repaired unit. Then the unit should be shipped from e customer to :
Enforcement 11 chnoloC", Inc.
4129 Avenldl De La Plata
Ocean,lde, A 92056
(76 0 45-9893
That unit s hould be sent SECOND DAY AIR, refc:r ncing the RMA number on the outside of the shipping
calton. Upon request. a loaner unit will be sent by Ufl same method to the customer. Return of the loaner unit
llJJJll also be made via SECOND DAY AIR as soil as your unit is repaired and returned . The customer is
responsi ble for all shipments, including those costs ,rm their facility to the Engineerillg Service Center.
I 2. PRIORITY BASIS REPAIRS
Insures a priority basis for any repair work required.1 n/orcement Technowgy will repair (or replace it at our
discretion) any unit and return it within two weeks ,m the time it was rec eived.
3. SOFTWARE UPGRADES
After the customer purchases the system , includlng purchases of othe r systems for later expansion,
s ubsequent software enhancements installed at En/tlrCLment Techn%gy's discretion to repair a problem or
correct system operation, will be provided at no adHi t'ional cost, as long as the warranty period or annual
maintenance period has not expired. Enforctme~ Tech.n%gy does not normally in stitute changes in
existing venions of AutoCITE, AutoISSUE, and A~toPROCESS to correct problems unle,s it is the most
e~:pedien[ solution to a problem . Rather, w~ will pryvide the latest released version of software compatib le
W lth the customer'S computer and network enviroNnf.t to remedy any problem . 1t is ETEC's so le discretion
as to which version of firmware or software will ~ instaIled. as long as all functionaJity of the customers
purchased modules is maintained. I
Page I of'4
ExceflonCIJ tIl(~Vgh Engmsefl"g 30
"NPO"" __ ENT TECH':"LOOY, .~.
4129 Avenld. De La Plat.
Oceanside, CA 92056 I
(760) 945-9893 • Fax (760) 945-5815 I
AutoCITE, AutolSSUE and AUIOPROCES~ ANNUAL MAINTENANCE AGREEMENT
V.E
£TEe is not and cannot be responsib le for the hi tallation, maintenance or aoy type of Sdpport (or the
MS WINDOWS Operatln& Systems, ORACLE .ta Base Server sofCWare or aoy olber Ihi r d party
software or hardware.
7. NORMAL USAGE
The customer agrees not to alter the System com Dents in any manner and agrees to operate them under
normal working conditions. If any hardware compQq.ents should be damaged, while in the possession of the
cus tomer by other than normal usage, the repair cost
1
WilI be a maximum of51,995.00 (for major damage) per
unit damaged. If any hardware component shau l be lost, sto len, or damaged beyond repai r, the total
replacemeD I cost shall be the original purchose price of the equipment (Example: AutoCITE Model Series 3
= $3,200).
This maintenance agreement is the yearly main~nance contract whicb is being offered to you as a
continuation of the original one-year warranty th was included as part of the purchase price. It can be
extended each year, or renewed, for a smalJ ad ronal cost, and the execution of a new maintenance
agreement each year . The attached schedu le shows ;l;.e coverage period and the cost of this agreement for the
coming 12-month period. To avoid repair cost an~ keep your system under maintenance protection, p]ease
inc lude your check for the indicated amount an execute this maintenance agreement by s igning and
returning a copy with your check.
Name: DEBORAH G. HESS
/'11 1#\·';:,<1\£ (l>oA~ CD .... ~
Title : PP,<.K ,,.,t,.I},bl.A,,""'S i?u.e"l'\VL
Dato ' IJ\MJA-t.ete-
. oJ I0710b
Agency :
Page 3 of II
En forcement echno logy, Inc.:
Title : Engineering Director
Date : ~ \ d. \OV
E)(cellence m,aJ.ah Ena lneen"n.o 31
I
EN'ORCEMENT TECHNOLOGY, NC.
4129 Avenida De La Plata
Oceanside, CA 92056
(76 0) 945-9893 • Fax (760) 945 -5815
AutoCITE and AutoPROCESS SOFlWARE NO FIRMWARE USER LICENSE AGREEMENT
.0
The fumware provided with the AutoCITE handheld omputer.; and the AutolSSUE and AutoPROCESS host
software instal1ed on the PC and/or Server systems proprietary products of En/orC01Jent Techn%gy, Inc.,
. (ETEC) and protected under UDited States copyright la s. Therefore yo u must treat these firmware and software
products accordingly.
The firmware and software contained within the AUtoC~ computer is not to be copied or reproduced in any form
fo r any reasoD. The software provided for installatiQ on your PC and/or Server systems (Auto ISSUE and
A utoPROCESS host systems) may be copied for arc . aI purposes only and may not be used on more central
processing units (CPU) concurrently, than tbe number 0 purchased liceDses, witho ut prior written approval from
ETEC. These licenses are for the so le use of the purch ing agency and cannot be used by Or for any other agency
or department without priOT written approval by El"EC. f iS fumware or software can not be provided to any other
unlicensed user, under any circumstances .
In the event of loss, misplacement or damage of tbe anginal software or archive copies, ETEC will provide an
additional copy upon request, at an appropriate co,t for E f EC time and materials to produce and deliver ,uch copy.
Any misuse , tampering, attempts to open the Au! ITE handheld computer, or copying the AutoCITE,
AutolS8UE or AutoPROCESS frrmware or software , r any othe r reproductions Dot specificaUy authorized by
ETEC, will violate and void this agreement.
ETEC is not and cannot be responsible for the inst8
r
tioo, maintenance or Rny type of support for the MS
WINDOWS Opera tine: Systems, ORACLE Data Bas Server sorrware or any other third party software or
hardware.
ETEC shall not in any case be liable for special, inciden ,consequential, indirect or direct costs, including but not
limited to , those incurred as a result of 10" of profits or ~ cnue, loss of use of any computer prograro, loss of data,
costs for recreating data, and the costs of any substitute pa Jgrams or filr other similar costs.
City eoey Repres ntalive: E nro,:ceme~ Tech elogy, Inc.:
DEBORAH G I.H's.o;: fa
Name: ~ t,o.,.v\ I :'tl~'11' C"'" ... ~ (ov~.rne : Steve D . Bo 50
Title: I'Pt2. ~,tJ.k V I '" i-,tF'rjo).,,)s.lS iltra\1. Title : Engin cring Director
Date : t'I"-t-'A-i"'~ Date : c:.:l fc (OfrJ (;'3/0 7/D {.
Page I of I
E)(col/enc B rh rO~h £Eng inee ring
-----------------
32