Res No 075-24-16180RESOLUTION NO. 075-24-16180
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO A MULTI-YEAR
AGREEMENT WITH PARK LOYALTY FOR PARKING
ENFORCEMENT CITATION SOFTWARE; PROVIDING
FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, all parking citations issued in Miami-Dade County are transmitted to the
Miami-Dade County Clerk of the Courts, which manages the judicial process and payment of all
citations; and
WHEREAS, historically, the Miami-Dade County Clerk of the Courts provided parking
enforcement handheld citation software and devices (the "Services',) to the City of South Miami
(the "City") through an Interlocal Agreement in accordance with Resolution 083-21-15703, at a
cost recovery fee of $1.25 for each issued citation; and
WHEREAS, on December 18, 2023, the Miami-Dade County Clerk of the Courts
announced that it will no longer be providing the Services after November 30, 2024; and
WHEREAS, each municipality that has a parking enforcement program is required to
procure their own Services prior to the November 30, 2024 deadline, which Services must meet
the specifications and guidelines provided by the Miami -Dade County Clerk of the Courts; and
WHEREAS, the City Finance Department and the Procurement Division, together with
representatives of Laz Parking, (the City's Parking Enforcement Contractor), scheduled demos
with five (5) Service providers; and
WHEREAS, after review of the type of Services offered by each Service provider, the
City recommends the selection of Park Loyalty Inc. (the "Vendor") to provide the Services for the
City utilizing their proprietary software; and
WHEREAS, the Vendor has provided the City with a proposal attached hereto as Exhibit
"A" (the "Proposal") for the provision of the Services for a five-year term, at a cost of $1.25 per
citation transaction (estimated at $45,000 annually) and $3.50 per residential permit transaction
(estimated at $16,320.50 annually), payable by the City; and
WHEREAS, the Services offered by the Vendor include proprietary enforcement
software, with features that fit the City's needs and that are not available from other Vendors; and
WHEREAS, Article III, Section 5 of the City Charter provides that all purchases in excess
of $5,000 shall be approved by the City Commission after competitive conditions have been
maintained and competitive bids sought from at least three different sources of supply, if available,
Res. No. 075-24-16180
with such determination to be made by the City Commission; and
WHEREAS, subsection (E) of the City 's Purchasing Policy further provides that the City
Manager has the authority to waive or deviate from the Purchasing Policy when it is determined
to be in the bes t interest of the City, or to obtain goods and/or services which cannot be acquired
through the normal purchasing process due to insufficient time, the nature of the goods or services,
or other factors, and as long as the City Manager remains in accordance with the applicable
provisions of the Charter, City Code, and Florida Statutes ; and
WHEREAS, due to the proprietary nature of the software included in the Services, the
City Manager has determined that th e Vendor is the sole provider of the software included in the
Services, and that consequently three comparable sources of supply for the Services offered by the
Vendor are not available and that the purchase of the Services from th e Vendor is in the best
interest of the City; and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute an Agreement with th e Vendor for the Services, for a five-year term, based on the Software
Subscriber Agreement attached hereto as Exhibit "B" (the "Agreement"); and
WHEREAS, the cost of the Services will be funded from the City's parking citation
revenue line item 00I-0000-344-5300, or such other funding source as determined by the C ity
Manager to be in the best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Autho1·ization . The C ity Manager is hereby authorized to negotiate and
enter into agreement(s) with the Vendor for the Services for a five-year term based on the Proposal
attached hereto as Exhibit "A" and the Agreement attached hereto as Exh ibit "B," subject to the
City Attorney's approval as to form, content, and legal sufficiency. The City Manager is hereby
authorized to pay for the Services from the City's parking citation revenue lin e item 00I-0000-344-
5300, or such other funding source as determined by the City Manager to be in the best interest of the Ci ty.
Section 3. Imulementation. The City Manager is hereby authorized to talce any and
all action necessary to implement th e Services and the purposes of this Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type correcti ons
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for s ignature.
Page 2 of3
Res . No. 075-24-16180
Section 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 4th day of June, 2024.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
Page 3 of3
APPROVED: ~-
MAYOR
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
4 -0
Yea
Yea
Yea
Yea
Absent
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: June 4, 2024
Submitted by: Steven Kulick
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A MULTI-YEAR AGREEMENT WITH
PARK LOYALTY FOR PARKING ENFORCEMENT CITATION SOFTWARE; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
CM_Memo_Parking_Enforcement_Hand_Held_Software.docx
48W7871-Resolution_Authorizing_Multi-Year_Agreement_with_Park_Loyalty_for_Park_-_CAv3.docx
Exhibit A - ParkLoyalty Software Subscriber Agreement.pdf
Resolution 083-21-15703 - Clerk Interlocal.pdf
MDC OTR No. 1 Agreement - Clerk and SoMi Parking Enforcement Handhelds.pdf
MDC-PVB-Requirements.docx
South Miami Enforcement Quote v01.pdf
South Miami Residential Permit Quote.pdf
Sun Biz Park Loyalty.pdf
South Miami Sole Source Letter 5 15 2024 v2.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:June 4, 2024
SUBJECT:Parking Enforcement Citation Software ($45,000 annually)
RECOMMENDATION:Approval of a multi-year agreement with Park Loyalty ($45,000 annually)
for parking enforcement citation software, as a sole source procurement,
for use by parking enforcement officers.
BACKGROUND: All parking citations issued in Miami-Dade County are transmitted to the
Miami-Dade County Clerk of the Courts who manages the judicial process
and payment of all citations. Historically, the Miami-Dade County Clerk of
the Courts provided the parking enforcement handheld citation software
and devices to the City as well as to all municipalities in Miami-Dade
County operating parking enforcement programs, through an Interlocal
Agreement in accordance with Resolution 083-21-15703, at a cost
recovery fee of $1.25 deducted from each issued citation. However,on
December 18, 2023,the Miami-Dade County Clerk of the Courts
announced parking citation software and handheld devices will no longer
be provided after November 30, 2024.
Therefore, each municipality that has a parking enforcement program is
responsible to procure their own parking citation software and handheld
devices prior to the November 30, 2024 deadline. The Miami -Dade
County Clerk of the Courts provided specifications and guidelines for
municipalities with parking programs requiring the parking citation
software selected must interface with the Miami-Dade County Clerk of the
Courts parking citation payment system. In addition to the Miami-Dade
County Clerk of the Courts, the software also interfaces with mobile
parking payment providers such as PaybyPhone, Park Mobile,and
Passport.
The Finance Department and the Procurement Division scheduled demos,
along with representatives of Laz Parking,(the City’s Parking Enforcement
Contractor), with five (5) parking citation software providers; Park Loyalty,
Conduent, gTechna, UPSafety –T2, and Passport. The purpose of the
demo’s was to ensure their software meets the Miami-Dade County Clerk
of Courts and City’s parking enforcement requirements, interfaces with
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
mobile parking payment applications like PaybyPhone, Park Mobile, and
Passport; and more importantly, provides robust reporting to better
manage the parking enforcement program. After the demos, and an
internal review of all the participants, the City selected the Park Loyalty
software as the preferred provider based on their superior software
solution, ease of use and extensive reporting features.
Finally, a courtesy meeting was scheduled with the Miami-Dade County
Clerk of the Courts Parking Violations Bureau to advise the direction the
City was taking with respect to Park Loyalty. The Parking Violations Bureau
confirmed Park Loyalty’s software will interface with the Miami Dade
County Clerk of the Courts and had no issues withthe City’s decisionor the
Park Loyalty product.
Based on the demos and review of the competing systems, the City is
recommending Park Loyalty as the parking enforcement software provider
as a sole source procurement. Park Loyalty’s software is proprietary and
was developed in-house and can only be provided and licensed exclusively
by Park Loyalty. Handheld parking citation devices, cell phones (no charge
from T-Mobile), and printers will be procured separately.
The cost for the parking citation software is based on a transaction fee
deducted from issued parking citation of $1.25 per transaction, the same
fee the City received from Miami-Dade County Clerk of Courts. Based on
the estimated number of citations issued, (36,000) the annual estimated
transaction fee is $45,000. It must be noted, the agreement with Park
Loyalty includes a “Most Favored Nations” clause that will provide the City
the rightto receive thebenefits of a per citation transaction feeshould one
be negotiated lower than the City’s.
Included with the Park Loyalty software is a residential and/or visitor
permit module that is no charge to the City. A transaction fee of $3.50 is
passed on to the patron who is requesting a residential and/or visitor
permit.
FUNDING:Parking Citation Transaction fee of $1.25 deducted from the citation with
an estimated expense of $45,000 annually for the term of the agreement.
ATTACHMENTS:Resolution
Resolution 083-21-15703 Interlocal Agreement
Clerk of the Courts December 18, 2023 Memorandum
3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Clerk of the Courts Parking Citation Device Specifications & Requirements
Park Loyalty Agreement
Park Loyalty Proposal
Residential/Visitor Module Quotation
Park Loyalty Sole Source Letter
Sun Biz Registration
4
.. SORWARE SUBSCRIBER AGREEMENT
This Software Subscriber Agreement (this "Agreerooot"), effective as JUNE.A..~ ("Effective Date"), Is by
and between Park Loyalty Inc, a Delaware corporation with registered office at 221 N. Broad St, Suite 3A,
Middletown, DE 19709 (•Park Loyalty" or "Compant', "We", .,Our').and the City of South Miami, Florida
("City", UVou", "Vourn). Whereas, Park Loyalty provides a subscription Service, City desires to subscribe to the
Service, and this business relationship and the allocatlon of responslbllltles regarding such Sorvtce aro sot
forth In this Agreement. Therefore, the parties agree as follows:
1. CITY'S USE OF THE SERVICE
1.1. Park Loyalty Obllgatlons: Parl\ Loyalty shall: (i) mal<e the Park Loyalty Services listed in the relevant
Subscription Services Order available to You In accordance with thts Agreement and the relevant
Subscription Services Order during the Term pursuant to the relevant Subscription Order, unless
earlier terminated In accordance with this Agreement or the relevant Subscription Services Order; (II)
not use City Data except to provide the Service, or to prevent or address service or technlcal problems,
In accordance with this Agreement end the Documentation, or In accordance with City's Instructions,
and (Ill) not disclose City Data to anyone other than Authorized Parttes.
1.2. City Obligations: City may enable access or the service for use only by Authorized Parties solely for the
internal business purposes of City and not for the bonofit of any third parties. City Is responslble for
all Authorized Parties' use of the Service and compliance with this Agreement ond the relevant
Subscription Services Order. City shall: (a) have sole responsibility for the accuracy, quality, and
legality of all City Data; and (b) prevent unauthorized access to, or use of, the Service, and notify Park
Loyalty promptly of any such unauthorized access or use. City shall not: (I) use the Service In violation
or appllcable Laws; (II) in connection with tho Service, send or store lnfrlnging, obscene, threatening,
or otherwise unlawful or tonlous material, Including material that violates privacy rights; (Ill) send or
store Malicious Code In connection with the Service: (Iv) Interfere with or disrupt performance of the
Service or the date contained therein: or (v) attempt to gain access to the service or Its related
systems or networks in a manner not set rorth In the Documentation.
2. FEES
2.1 Invoices & Payment: Fees for the Service wlll be Invoiced In accordance with tho relevant Subscription
Services Order Form. Except as otherwise stated In the relevant Subscription Order Form, all fees are
quoted and payable In United states Dollars via wire transfer to Park Loyalty bank account and are
based on Service rights described herein. City shall provide Park Loyalty with complete and accurate
billing and contact Information Including a valid emall address for receipt of Invoices. Except as
otherwise set forth In the applicable Software Schedule or Statement of Work, all fees and other
charges are due and payable to Park Loyalty lo occomnncq wllb thC!fl.Q1Jda Prompt Payment Act within
thtfly-{3~s-aftef-tl.1EH1ate-of-Park-boyalty!s.1nvoloe.
2.2 OMITTED.
2.3 OMITTED.
2.4 Non-Payment and Suspension of Service: If City's account Is more than thirty (30) days past due
(except with respect to charges subJect to a reasonable and good faith dispute), In addition to any
other rights or remedies It may have undor this agreement or by law, Park Loyalty reserves the right
to suspend the Service upon thlrly (30) days written nollce, without liability to City, until such amounts
are paid In full.
Master Subscription Agreement
Park Loyalty Inc. Conftdentfal & Proprietary
Page 1 of 19
1 or 23 •
2.5 Taxes: The City Is tax-exempt; Certificate No. 85-801262693C-1. City shall be responsible for any
taxes relating to its use of the Service. Prices exclude taxes and duties. City Is responsible for ell sales,
value-added, or other slmllar taxes and assessments and shall provide Park Loyalty with certificates
and documents as required to this effect, Including without limltallon proof of payment of appllcable
taxes, If requested by Park Loyalty.
2.6 Most Favored Nations: Throughout the term of this Agreement, City shall be oharged Service fees by
Company that are the lowest service fees charged to any other City that Is comparable to City In terms
of service volume, scope, and State of operation. Sllould Company charge lower service fees to other
cltles meeting this criteria during the term of the Agreement, Company will Immediately notify City In
writing and City will be entitled to amend this Agreement to the lower service rate.
3. PROPRIETARY RIGHTS
3.1 Ownership: Vou or Your llcensors retain all ownership and Intellectual property rights In and to Your
Content Park Loyalty and Its llcensors own end retain all ownership and Intellectual Property Rights
In and to the Services, derivative works thereof, and anything developed or delivered by or on behalf
of us under this Agreement. No rights are granted to You hereunder other than as expressly set forth
herein.
3.2 Ucense Grant: Park Loyally hereby grants City a non-exclusive, non-transforoble, right to use the
Service, solely for the Internal business purposes of City and solely during the Term, subject to the
term and conditions of this Agreement within scope of use defined In the relevant Subscription
Services Order Form.
3.3 Ucense Restrictions. City shall not (I) modify, copy or create any derivative works based on the Service
or Documentation: (Ii) license, subllcense, sell, resell, rent, lease, transfer, assign, distribute,
timeshare, offer In a service bureau, or otherwise make the Sorvtco or Documentation available to
any third party, other than to Authorized Parties as permitted herein: (Ill) reverse engineer or
decompile any portion of the Service, Including but not limited to, any software utilized by Park Loyalty
In the provision of U1e Service, except to the extent required by Law; (iv) access the Service In order
to build any commerclally available product or service: or (Y) copy any features, functions, Integrations,
Interfaces or graphics of the Service.
3.4 Aggregated Data Use. We may (I) comp lie statlstlcal and other Inf ormatlon related to the performance,
operation and use of the Services, and (II) use data from the Services in aggregated form for security
and operations management, to create statlstlcal analyses, and for research and development
purposes (clauses I and II aro collectively referred to as "Service Analyses"). We may make Service
Analyses publicly available; however, Service Analyses wlll not Incorporate Your Content, Personal
Data or Conffdentlal lnfonnaUon In a form that could seive to Identify Vou or any Individual. We retain
all Intellectual Property Rights In Service Analyses.
4. CONFIDENTIALITY.
Subieot to Chapter 119, Florida Statutes, each party agrees as follows·
4.1 Confidentiality: A party shall not dlsolose or use any Confidential Information of the other party except
(I) as reasonably necessary to perform its obligations or exercise Its rights pursuant to this Agreementt
or (ii) with the other party's prior written permission.
Mastor Subscription Agroomant
Park Loyally Ina. Confidential & Proprietary
2of23
Pago 2 of 19
4.2 ProteotJon. Each party agrees to protect the Confidential Information of the other party in tho some
manner that It protects Its own Confldenttal Information of llke kind, but In no event using less than a
reasonable standard of care. •
4 ,3 Compelled Dlsolosure: A disclosure by one party of Confidential Inf ormatton of the other party to the
extent required by Law shall not be considered o breach of this Agreement, provided the party so
compelled promptly provides the other party with prior notlce of such compelled disclosure (to the
extent legally permitted) and provides reasonable assistance, at the other party's cost, if the other
party wishes to contest the disclosure.
4.4 Remedies: If a party discloses or uses {or threatens to disclose or use) any Confldentlal Information
of the other party In breach of confldentlality protections hereunder, tho other party shall hovo the
right, in addition to any other remedies available, lo seek Injunctive relief to enjoin such acts, It being
acknowledged by the parties that any ot11er available remedies are Inadequate.
4.5 Exclusions: Confldenllal Information shall not Include any Information that: (i} Is or becomes generally
lmown to the public without breach of any obligation owed to the other party; (ii) was known to a party
prior to Its disclosure by the other party without broach of any obllgat1on owed to the other party; (iii)
was Independently developed by a parly without breach of any obllgatlon owed to the other party: or
(Iv} Is received from a third party without, to the receiving party's knowledge of breach of any obllgatlon
owed to the other party. City Data shall not be subject to the exclusions set forth In this Section.
6. CITYDATA
5.1 Protection and Soourity: During tho Torm of tills Agreement Park Loyalty shall use commerclally
reasonable efforts with respect to the security and Integrity of the City Data, consistent with Industry
standards and as published from time to time by Park Loyalty. Park Loyally designs Its service to
allow cities to achieve differentiated configurations, enforce user access controls, ond manage data
categories that may be populated end/or made accessible on a country•by•country basis. City
understands that Its use of tho Service and compliance with any terms hereunder does not constllute
compliance with any Law. City understands that It has an Independent duty to comply with any and all
laws applloable to It.
5.2 Backup and Data Recovery. Park Loy-dlty shall make periodic backups of City Data and re-store City
Data lost due to Park Loyalty error or disaster In accordance wllh Park Loyalty's documented backup
and recovery process as published from time to time by Park Loyalty. In the event that City deletes
City Data and requires Park Loyalty's assistance to restore it, Parl( Loyalty will provide reasonable
assistance fo.r such services at the applicable prof esslonal services fee. Throughout the Term. City
shall have the right to access and extract City Data through the Service using the methods described
ln the Documentation.
6.3 Unauthorized Dlsolosure: If either party believes that there has been a disclosure of City Data to
anyone other than an Authorized Party or Park Loyalty, such party must promptly notify tho other party.
Addltlonally, each party will use commercially reasonable efforts to assist lhe other party In
remedfatlng or mitigating any potentlal damage, Including any notification, which should be sent to
Individuals impacted or potentially impacted.
6. WARRANTIES & DISCLAIMERS
6.1 Warranties: Each party warrants that It has the authority to enter Into this Agreement and, In
connection with its performance of this Agreement, shall comply with all Laws applicable to It related
to data privacy, lnternatlonal communications and the transmission of technical or personal data.
Master Subscription Agroomont
Park Loyalty Inc. Confldentlal & Proprietary
3or2a
Pogo 3 of 19
Park Loyalty warrants that during the Term (I) the Service shall porform materially In accordance with
tho Documentation: and (II) the functionallty, security, avallabllily or the Service wlll not be materially
decreased during the Term.
6.2 Warranty Remedies: As City's exclusive remedy and Park Loyalty's sole llablllty for breach of the
warranty set forth In Section 6.1 (I) and (ii), (o) Pork Loyalty shall correct the non-conforming Service
at no addltlonal charge to City, or (b) In the event Park Loyalty Is unable to correct such doflclenclos
after good-faith efforts, Park Loyalty shall refund City amounts paid that are attributable to the
defective Service from the date Park Loyalty received such notice. To receive warranty remedies, City
must promptly report deficiencies In writing to Park Loyally, but no later than thirty (30) days of the
first date the deficiency is Identified by City.
6.3 OMITTED.
7. INDEMNIFICATION
7 .1 Indemnification by Park Loyalty: Park Loyalty shall dofend, indemnify and hold City harmless against
any loss, damage or costs (Including reasonable auorneys' fees) In connection with claims, demands,
suits, or proceedings (°Claims") In each case finally awarded, made or brought against City by a third
parly alleging that the use of the Service as contemplated hereunder Infringes a copyright, a U.S.
patent Issued es of the Effective Dale, or a trademark of a third party; provided, however, that City:
(a) promptly gives written notice of the Claim to Park Loyalty: (b) gives Park Loyally sole control of the
defense and settlement of the Claim (provided that Park Loyalty may not settle any Clelm unless it
uncondltlonally releases City of all llabllity); and (c) provides to Park Loyalty, at Park Loyalty's cost. all
reasonable assistance. Park Loyalty shall not be required to Indemnify City In the event or: (w)
modification of the Service by City, Its Employees, or Authorized Parties In conflict with City's
obligations or as a result of any prohibited activity as set forth herein; (x) use of the Service In a manner
Inconsistent with the Documentation; (y) use of tho Service In combination with any other product or
service not provided by Park Loyally; or (z) use of the Service In a manner not otherwise contemplated
by this Agreement. If City Is enjoined from using the Service or Park Loyalty reasonably believes It will
be enjoined, Parl\ Loyally shall have the right, al Its sole option, to obtain for City the right to continue
use of the Service or to replace or modify the Service so that ll ls no longer Infringing. If neither of tho
foregoing options is reasonably avallable to Park Loyalty, then use of the Service may be terminated
al the opllon of Park Loyalty and Park l.oyalty's sole llablllty shall bo to rofund any prepaid fees for the
Service that were to be provided after the err ecllve dale of termination.
7 .2 Responsibility of City: City is responsible for the content of Its City Data. City shall not upload City Data
that Infringes the rights of, or causes harm to, a third party or violates any Law.
8. blMITAllON OF LIABlbll¥ OMITTED
&4--blmltatlon-of..blablll~A-H&-eYeAl-shaU-Pafk-teyalty's agg,egato llahmty.aflsJAg-eyt-ef-er-relat:ee-te-thls
aeeemenk>r-your-orderpYhelher-ln-oontraotrtort-or-otherwlse,.ex88ed-the-tetaJ-amelJRt-aswal~
by City In eonslEleraU8A-for-PaFk-beyalty!o servl6&-lfmler-the-eKler--glvlng.rlse•tG•the-llabUity-durlng..U1e
twelv~8Ath&4mmediat~)'-f}Fe68Gln~e-event gl,..ting Floe te s1:1eh llabllitfr
8.2 EM&IYSlen-eklamageSi-EKeept-wit-lHespeet-te-Glty!s-payment-obllgatlons.ln-no,event-shall,either.party
have-anY-1labllity-t0-t~e-eth•pa~er-aRy..lAdlree1r&peetalrlRetEJeAtal.PURtuve-er-eensequentiaJ
Elamages;-however-oausedror-for-any.Jast-profit&r-10ss-of-uS9rOGS'-O,:..PF88Ut-em8fft.ef substitute geeEls
er-ser:vfees,whetheF-iR-eentff1etrtert-ef-8Ut81Wlse,aFtslng-.eut-ef ror-lMiny-way..oonneGted-wlltl-41\&
sewlG&rlAeludlRg.bYI-Ret-ltmltee-te-the use eF lnablllt:y te use the ooP.~leo, aAY-1ntefftlptl0n,lnaoeura9Y7
Mastor SubscrlpUon Agroomont
Park Loyally Inc. Confidential & Proprietary
4of23
Page4 of 10
euer er omissl&R;-8V8~e-pafty4Fem-whlelHJamages-are-llelng-soug1-lt-eF-Sueh-f)aFly!s-lieenser&0F
subcontraotor&have-been-prevlouslY-Sdvlsed-or-t-he-pesslbiUty-ef-sooh-186&-8Hlatm1ges.-
9. TERM AND TERMINATION
9.1 Term of Agreement: The term of this Agreement commences on the Effective Dote and continues Five
(5) calendar years after, unless otherwise extended pursuant to the written agreement of the parlies
(tho "I.rum"),
9.2 Tennlnatlon.
I. The City Manager, without cause, may terminate this Agreement upon five (5) calendar days written
notice to the Park Loyalty, or Jmmediatoly with cause.
II.Upon receipt of the City's written notice of termination, Park Loyalty shall lmmedlately stop work on
the project unless directed otherwise by the City Manager.
Ill.In the event of termination by the City, the Park Loyalty shall be paid for all work accepted by the
City Manager up to the date of termination, provided that the Park Loyalty has first complied with
the provisions of Paragraph 8.4.
Iv.The Park Loyalty shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services end the project to the City, In a hard copy and electronic format
within fourteen (14) days from the date of the written notice or lerminallon or the date of explcaUon
of this Agreement.
9.3 Effect of Termination: Upon any termination of this Agreement, City shall, as or the date or such
termination, Immediately cease accessing and otherwise utilizing the applloable Service (except as
permitted under section 9.4). Termination for any reason shall not relieve City of the obllgatlon to pay
any fees accrued or duo and payable to Park Loyalty prior to the effective date of termination.
9.4 Retrieval of City Data: Park Loyalty wlll make City Data (as It existed as of the dale of termination)
available for retrieval by You for a period of up to sixty (60) days after the date of termination. After
such sixty (60) day period, Parlt Loyalty will have no obllgatlon to molntaln or provide any City Data
and may thereafter, unless legally prohibited, delete all City Data.
9.5 Surviving Provisions: The following provisions of lhls Agreement shall not survive ond will have no
further forco or effect following any termination or expiration or this Agreement: (I) subsection (I) or
Section 1.1 "Park Loyally Obligations"; (Ii) Section 3.2 "License Granri and (Ill) any Order Form(s). All
other provisions of this Agreement, which contemplate or require continued performance shall survive
any termination or expiration of this Agreement.
10. GENERAL PROVISIONS
10.1 Relattonshlp ofthe Parties: The parties are Independent contractors. This Agreement does not create
nor Is it Intended to create a partnership, franchise, Joint venture, agency, fiduciary or employment
relatlonshlp between the parties. lhorc ore no third-party beneficiaries to this Agreement.
10.2 Notlces: All notices under this Agreement shall be in writing and shall be deemed to have been given
upon: (I) personal delivery: or (II) tho third business day after first class malling: or (Ill) the second
business day after sending by emall with telephonlc confirmation of receipt. Notices to Park Loyalty
shell be addressed to the attention of Its Chief Execullve Officer. Notices to City shall be addressed
to Clty's signatory of this Agreement. Each party may modify Its recipient of notices by providing notice
pursuant to lhls Agreement.
Master Subscription Agreement
Park Loyalty lno, Confldentlal & Proprietary
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10.3 Waiver and Cumulative Remedies: No failure or delay by either party in exercising any right under this
Agreement shall constitute a waiver of that ,tght or any other right. Other than as expressly stated
herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a
party at law or in equity.
10.4 ·OMITTED.
10.5 Assignment: Neither party may assign any of Its rights or obllgatlons hereunder, whether by operation
ot law Qr otherwise, without the prior written consent or the other party (which consent shall not be
unreasonably withheld). Notwithstondinglhe foregoing, either party may asslgn this Agreement In Its
entirely (Including all Order Forms) without consent of the other_party In connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially ell or Its assets provided the
assignee has agreed to bo bound by all of tho terms of this Agreomont ond all post due fees ore paid
In run. Any attempt by a party lo assign Its rights or obligations under this Agreement In breach of this
section shall be void and or no effect. Subject to the foregoing, this Agreement shall bind and Inure to
the benefit of the parties, their respective successors and permitted assigns.
10.6 Governing Law and Venue; Waiver of Jury Trial: This Agreement shall be governed exclusively by the
Internal lows of the State of florlda, without regard to Its oonfnots of laws rules and both parties hereby
consent to the exclusive Jurisdiction by the courts of the state of Florida for any claim or controversy
arising out of or related tothls Agreement. Venue ror any proceedings arising ou~ or this Agreement
shall be proper oxcluslvoly In Miami-Dade County, Florida. Each party hereby walves-any right to Ju.ry
trlal In connection with any action .or llllgallon In any way arising out of or related to this Agreement.
10. 7 Export:_ Each party shall comply with the export lows and ~ogula~lons of the United States and other
applicable Jurisdictions In providing and using the Service. Without llmitlng the generality of the
foregoing, City shall not make the Service available to any person or entity that (lj Is located In a
country that Is subject to a U.S. govemment embargo; (II) Is listed on any U.S. government 11st ot
prohibUed or restricted partlesj or (Ill) Is engaged In activities directly or lndlrecUy related to the
proliferation of weapons of mass destruction.
10.8 MlsceUaneous: This Agreemen.t, including all exhibits and addenda hereto and all Order Forms,
constitutes the entire agreement between the parties with respect to the subject matter hereof. In the
event of a conflict, the provisions of an Order Form shall take precedence over provisions of the body
of this Agreement and over any other Exhibit or Attachment, however, no Or(Jer Form shall vary
sections 2,4, 3.1, 3.3, 3.4, 4, 6, 7, 8, 9, or 10 of this Agreement unless the Order Form clearly states
that the parties are agreeing to do so and any such variance shall be effective only with respective to
that specific Order Form. Tilts Agreement supersedes an prior and co.ntemporaneous agreements,
proposals or representations, written or oral concorntng Its subject matter. No modification,
amendment, or waiver of any provision of this Agreemenl shall be effeclive unless In writing and
signed by both parties. If any provision of thJs .Agreement is held by a court of competent Jurisdiction
to be contrary to law, the provision shall be modified by the court and Interpreted so as best to
accompllsh the objectives of t~e original provision to the fullest exteht permitted by L~w. and the
remaining provisions or this Agreement shall cematn In effect. Notwithstanding any language to the
contrary therein, no terms or conditions stated In a City purchase order or In any other City order
documentation shall be Incorporated Into or form any parl of this Agreement, and all such terms or
conditions shall be null and void. Park Loyalty may use Clt}"s name In lists of cities, on marketing
• matorlals and on Its website. This Agreement may bo oxecuted eloctronlcally, by facsimile and In
counterparts, which taken together shall form one binding legal Instrument.
10.9 Insurance.
Master Subscription Agreement
Park Loyalty Inc. Conffdentlal & Proprietary
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I.Park Loyalty shall secure and maintain throughout the .duration of this agreement insurance of such
types and In such amounts not less than .those specified below as satisfactory.to City, naming the Clty
as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and quallfied·to do
business In the State of Florida. The Insurance coverage shall be primary Insurance with respect to the
City, Its officials, employees, agents, and volunteers naming the City as additional insured. Any Insurance
maintained by the City shall be in excess of the Park Loyalty's Insurance and shall not contribute to the
Patk Loyalty's insurance. The insurance coverages shall lnclvde at a. mlnl'1'um the amounts set forth In
this section and may be Increased by the City as It deems necessary or prudent.
1.Commorcial General Llablllly coverage with limits of liability of not less than a $1,000,000 per
Occurrence combined single llmlt for Bodily Injury and Property Damage. This Llabillty Insurance
sliall also include Completed Operations and Product Uabiilty coverages and eliminate the
exclusion with respect to property under the care, custody and control or Park Loyalty. Tit~ Geraeral
Aggregate Uabil!LY Jlrnll and the Products/Completed Operations Llablllly Aggregate limit shall be in
the amount of $2,000,000 each.
2. Workers Compensation and Employer's llobllity Insurance, to apply for all employees for statutory
limits as required by appllcablo State and Federal laws. The poUcy(les) must Include Employer's
llablllty with ·minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent
of the Park Loyalty shall be allowed to provide Services pursuant to this Agreement who is not
covered by Worker's compensation Insurance.
3.Buslness Automobile Llablllly with minimum limits of $1,000.000 per occurrence, combined
single limit for Bodily Injury and Property Damage. Coverage must be afforded on a r orrn no more
rostrlctlvc than the latest edition of the Business Automobile ll~blllty policy, without restrictive
endorsements, as filed by the Insurance Service Office, and must Include Owned, Hired, and Non•
owned Vehlcles.
4.Cyber Uabllity Insurance In an amount of not less than One MIiiion Dollars ($1,000,000,00) per
occurrence, single llmlL
II.Certificate of Insurance~ Certificates of Insurance shall be provided to the City, reflecting the City as an
Additional Insured (except with respect to Professional Llablllty lnsurance·and Worker's Compensation
ln.surance), no later than ten (10) days ofter award of this Agrooment and prior to tho execution of this
Agreement by City and prior to commencing Services. Each certificate shall Include no loss than (30)
thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said
pollcles or Insurance. Tile Park Loyalty shall be responslble for assuring-that the Insurance oertmcates
required by this Section remain In full force and erreot for the duration or this Agreement, Including any
extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name
the types of pollcy(les) provided, but also shall ref er speciffcaily to this Agreement and sh~II state that
such Insurance Is ~s required by this Agreement. The City reserves the right to Inspect and return a
certified copy of such policies, upon written request by the City, If a policy Is due to expire· prior to the
completton of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calender days
priqr to the dale of their policy explratton. E~ch policy certmcate shall be endorsed with a provision that
not less than thirty (30) calendar days• written notice shail be provided to the City before any policy or
covorage is cancelled or restricted. Acceptanco of the Certlflcate(s) Is subJoot to approval of the City.
111.Addltlonal Insured. Except with respect to Professional Llabllity Insurance end Worker's compensation
lnsu~nce, the City Is to. be speclflcally Include~ as an Additional Insure~ for the liablllty of the City
resulting from Services performed by or on behalr of the Park Loyalty In perr ormance or this Agreement.
The Park Loyalty's insurance, Including that applicable to the City as an Additional Insured, shall apply
on a primary basis and any other Insurance maintained by the City shall be In excess of and shall not
contribute to the Park Loyalty's Insurance. Tho Park Loyalty's Insurance shall contain a severablllty of
Interest provision providing that, except with respect to the total limits of liability, ·the Insurance shall
apply to each Insured or Addltlonal Insured (for appllcable pollofes) In the same manner as If separate
policies had been issued to each.
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f>ark Loyalty Inc. Confldantlal & Proprietary
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lv.Dedyctlblea.AII deductlbles or self •Insured retentions must bo declared to and be reasonably approved
by the City. The Park Loyalty shall be responsible for tho payment of any deductible or self.Insured
retentions In tho event of any claim.
v.The provisions of this section shall survive termination of this Agreement.
10.1oownemblP and Access to Records and AudiJ.G.
I.Park Loyally agrees to keep and maintain public records In Park Loyalty's possession or control In
connection with Park Loyalty's performance under this Agreement. The City Manager or her
deslgnco shall, during the torm of this Agreement and for a period of three (3) years from the date
or termination of this Agreement, have access to and the right to examine and audit any records of
the Park Loyalty lnvoMng transactions related to this Agreement. Park Loyalty additionally agrees
to comply speclflcally with the provisions of Section 119.0701, Florida Statutes. Parlt Loyalty shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement untll the records are transferred to the City.
II.Upon request from the City's custodian of public records, Park Loyalty shall provide the City with a
copy or the requested records or allow the records to be Inspected or copied within a reasonable
tlme at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ill.Unless otherwise provided by law, any and all records, Including but not limited to reports, surveys,
and other data and documents provided or created In connecllon with this Agreement are and shall
remain the property of the City.
Iv.Upon complotlon of this Agreement or In the event of termination by either party, any and all public
records relating to the Agreement In the possession of the Park Loyally shall be delivered by the
Park Loyalty to the City Manager, at no cost to the City, within seven (7) days. All such records
stored electronically by Park Loyally shall be delivered to the City In a format that Is compatible with
the City's Information technology systems. Once the public records have been delivered upon
complotlon or termination of this Agreement, the Park Loyalty shall destroy any and all duplicate
public records that are exempt or oonfldentlal and exempt from public records disclosure
requirements.
v.Any compensation due to Park Loyalty shall be withheld until all records are recelved as provided
herein.
vi.Park Loyalty's failure or refusal to comply with the provisions of this section shall result In the
Immediate termination of this Agreement by the City.
vu.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF PARK
LOYAL TV HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO PARK LOYALTY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Nkenga "Nikki" Payne, CMC, FCRM
Malling address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email: NPayne®southmlamlfl,gov
10.11 Prohibition of Conttngency Fees. The Park Loyalty warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for the Park
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Loyalty, to solicit or secure this Agreement. and that It has not paid or agreed to pay any person(s),
company, corporation, Individual or firm, other than a bon.a fide employee working solely for the
Park Loyalty, any fee, commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement.
10.12Publlc Entity Crimes Affidavit. Park Loyalty shall comply with Section 287 .133, Florida
·statutes (Publlo Entity Crimes Statute), notification of which Is hereby Incorporated herein by
reference, lnoludln~ execution of any required affidavit.
10.13~ In accordance with Section 448.095, Florida Statutes, the City
requires all contractors doing business with the City to register \Ylth and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter in,o a
contract unless .each party to the contract registers with and uses· the E-Verify system. The
contracting entity must provide its proof of enrollment In E-Verlfy. For instructions on how to provide
proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e•
vertfy.gov/faq/h~w-do+provlda.proof-of-my-partlclpatlonenrollment-ln•e•v~rify. By entering into
this Agreement, the Contractor acknowledges that It has read Section 448 .. 095, Florida Statutes;
wlll comply with the E-Verlfy requirements Imposed by Section 448.095! Florida Statutes, Including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and Incorporated herein.
11 DEFINITIONS
11Agreementa means this Software Subscriber Agreement, lncludlng the Park Loyalty Production
Support and Service Level Availability Policy (as may be updated from Ume to tlme}t any exhibits or
attachments hereto, and any Included Order Forms.
aAuthorlzed Parties" means, for Services, those employees, contractors, and end users, as applloable,
authorized by You or on Your bohalf to use the Services In accordance with Agreement end the
relevant Subscription Services Order. For Services tha\ are speclflcally designed to allow Your
customers, suppliers or other third parties to access the Services to Interact with You, such third
parties will be considered "Authorized Parties" subject to the terms of this Agreement and the relevant
Subscription services Order.
•confldentlal Information" means {a) any software utilized by Park Loyalty In the provision of the
Service and Its respective source code; (b) City Data; (c) each party's business or technical
Information, including but not limited to the Documentation, training materials, any information
relaUng to software plans, designs, costs, prices and namos finances, marketing pt~ns. business
opportunities, personnel, research, development or know-how lhat Is designated by the dlsclosing
party as "confidential" or •proprietary' or the receMng party knows or should reasonably know Is
confldentfal or proprietary; and (d) tho terms, conditions and pricing of this Agreement (but not Its
existence or parties).
11Clly Data• means the electronlc data or Information submitted by City or Authorized Parties to the
Service. This rnay Jnclude data of City's customers as applicable.
"City Input" means suggestions, enhancement requosts, recommendations or other feedback
provided by City or Its Employees and Authorized Parties relating to the operation or functionality of
the Service, excluding City Data.
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Pork Loyalty Inc. Co11fldontlel & Proprfetary
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"Documentation" means Park Loyalty's documentation describing the f unctlonal and technical
features of the software components set forth In Section 1 of the Order Form for use with the Service,
as may be amended from time to time and duly notified to tho City.
"Employee" means employees, consultants, contingent workers, Independent contractors of City.
u1mprovements" means all Improvements, updates, enhancements, error corrections, bug fixes,
release notes, upgrades and changes to the Service and Documentation as developed by Park Loyalty
and made generally avallable for Ptoducllon use without a separate charge to City.
"Intellectual Property Rights'' means any and all common law, statutory and other Industrial property
rights and Intellectual property rights, Including copy rights, trademarks, trade secrets, patents and
other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the
world, and all moml rights related thereto.
"Law" means any local, state, national and/or foreign law, treaties, and/or regulations applicable to a
respective party,
"Malicious Code" means viruses, worms, lime bombs, TroJan horses and other malicious code, flies,
scripts, agents or programs.
11Servlce11 means Parlt Loyaltts software-as-a-service eppllcallons as described In the Documentation
and subscribed to under an Order Form.
11S1.A" means the Park Loyalty Production Support and Service Level Avallabillly Polley, which may be
updated by Park Loyalty from time to time.
"Subscription Services Order' or "Order Form" means the separate ordering documents In
substanllally the form attached hereto as on Exhibit, under which City subscribes to tho Park Loyalty
Service pursuant to this Agreement and which ordering document Is entered Into either by City who is
responsible for payment of the amounts therein under this Agreement
17enent' means a unique Instance of tile Service, with a separate set of Cily data held by Park Loyally
In a logically separated database (i.e. a database segregated through password -controlled access).
Wfhlrd Party Contenr means all software, date, lext, Images, audio, video, photographs and other
content and material, in any format, that are obtained or derived from third party sources outside of
Park Loyalty that You may access through, wllhln, or In conjunction with Your use of, the Services.
Examples of Third Party Content Include data feeds from social network seivlces, rss feeds from blog
posts. Third Party Content Includes third-party sourced materials accessed or obtained by Your use of
the Services.
"Total Members" means total number of members including officers, and reporting system users, who
have an active account In the system:
11Yourcontent11 City data, text, Images, audio, video, photographs, or U1lrd-party applications, and other
content and material, In any format, provided by You or any of Authorized Parties that is stored In, or
run on or through, the Services. Services under this Agreement, Park Loyalty Intellectual properly, and
all derivative works thereof, do not fall within the meaning of the term 11Your Content.• Your Content
Includes ony Third-Party Content that Is brought by You Into the Services by Your use of the Services.
Master Subscription Agroomont
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[REMAINDER OF PAGE LEFf INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
Mastor Subscription Agrooinont
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IN WITNESS WHEnEOF, the parties hereto hnvc exec uted t hi s Agreement by their duly auth oriz ed
representatives as of the day and yea r first r1bove w ritten, In one or more counterparts, PDr-or other
replica tion, each of which shall be deemed an o ri~in al.
City of South Miami
Signature
(Au thori zed Representative)
Attest:
Parl< Loyalty Inc.
(Authori zed Representative)
Name: Marc Lucey
Title : Chief Exec utive Ofticer
Uy: --1-!-~\--!--~4------------
Nkcn
City Cl erk
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EXHIBIT 1: SERVICE LEVEL AVAILABILITY, PRODUCTION SUPPORT AND SECURITY POLICY
Service Level Avallabllity (nSLN') ts a policy governing the use of Service under the terms of the Master
Subscription Agreement ("MSA") between Park Loyalty and the users of Park Loyalty's Services (°Cltyit, 11You•,
11Your"). Unless otherwise provided herein. this SLA Is subject to the terms of the MSA and capitalized terms
will have the meaning specified In the MSA. We reserve the right to update this SLA from time to lime upon
notice to you.
a) SERVICE COMMITMENT
Park Loyally wlll use commercially reasonable efforts to make the Service available with a Monthly
Uptime Percentage (defined below) of at least 99.5%, during any monthly bllllng cycle (the •service
Commitment"). In the event Parl< Loyalty docs not meet the Service Commitment, you will be eligible
to receive a Service Credit, as described below.
b) DEFINITIONS
• "Monthly Uptime Percentage" Is calculated by subtracting from 100% the percentage of minutes
during the month In which the Service was "Unavailable." Monthly Uptime Percentage
measurements exclude downtime resulting directly or indirectly from any Park Loyally Exclusion
(defined below).
o "Unavailable" and "Unavallablllty" mean that the Parl< Loyalty Production Service Is unavallablo
at the Parl< Loyalty production data center's Internet connection points end parking enforcement
officers cannot Issue citations.
• A "Service Credit" Is a Unites States Dollar credit, calculated as set forth below, that we may credit
back to an eligible account.
c) SERVICE COMMITMENTS AND SERVICE CREDITS
Service Credits are calculated as a percentage of the total charges paid by you r or the Service that
was Unavailable, as applicable for the monthly bllllng cycle In which the UnavallabUlty occurred In
accordance with the schedule below.
Monthly Uptime Peroentage · Service Credit Percentage
Less than 99.5% but equal to or 10% greater than 98.0%
Less than 98% but equal to or greater 20% than 95.0%
Less than 95.0% but equal to or 50% greater than 90.0%
Less than 90% 100%
We will apply any Service Credits only against future payments otherwise due from you. At our
discretion, we may Issue the Service Credit to the bank account you used to pay for tho billing cycla
In which the Unavailability occurred. Service Credils will not entitle you to any refund or other payment
from Park Loyalty. Unless otherwise provided In the MSA, your sole and exctus1ve remedy for any
Unavailablllty, non-perrormance, or other failure by us to provide Service Is the receipt of a Service
Credit (If eligible) In accordance with the terms of this SLA.
d) CREDIT REQUEST and PAYMENT PROCEDURES
To receive a Service Credit, you must submit a clalm to our authorized representative. To be eligible,
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the credit request must be received byus by the end oftl,esecond bllllngcycle after which the Incident
occurred and must include:
J. the words "SLA Credit Request" in the subject line;
II. the dates and times or each Unavailablllty Incident that you are clalmlng;
Ill. the affected process or specific funcllonallly; end
Iv. your request logs that document the errors and corroborate your claimed outage (any
confidential or sensitive Information in these logs should be removed or replaced with
astorlsl(S).
If the Monthly Uptime Percentage of such request Is confirmed by us and Is less than the Service
Commitment, then we will issue the Service Credit to you within one billing cycle following the month
in which your request Is confirmed by us. Your failure to provide the request and other Information as
required above will dlsquallfy you from receiving a Service Credit
e) Park Loyalty EXCLUSIONS
The Service Commitment does not apply to any unavailability, suspension or termination of the Service
or performance issues: (i) caused by factors outside of our reasonable control, Including any force
majeure event or Into met access or related problems; {ii) that result from any actions or Inactions of
you or any third party; (Ill) that result from your equipment, software or other technology and/or third
party equipment, software or other technology; (Iv) that result from any scheduled maintenance as
provided In Section f(i) herein; or (v) arising from our suspension and termination of your right to use
Service In accordance with the MSA (collectively, tho "Park Loyalty Exclusions"). If avallabllity Is
Impacted by factors other than those used In our Monthly Uptime Percentage calculatlon, then we
may Issue a Service Credit considering such factors at our discretion.
f) PRODUCTION SUPPORT AND MAINTENANCE
Park Loyalty's Service Is based on a mufti-tenanted operating model that applies common, consistent
management practices for Cltys using this Service with tho following policies regarding produclion
support and maintenance:
t. Planned Maintenance
Park Loyalty"s planned maintenance Includes:
• Up to Ono (2) hour for weekly maintenance
• Up to Two (8) hours for monthly molntenance
• Up to Four (16) hours for quarterly maintenance
II. Park Loyalty Update Process and Notifications
Park Loyalty may enhance the capabilities of the Service with new features. Upcfates may take up
to twenty-four (24) hours to complete, which will require the Service to be taken down for some
or all of that time. This wlll not be considered as an unplanned outage. Park Loyalty wlll provide
notification of and Information about Updates well In advance.
Ill. Dfsaster Recovery
Park Loyalty maintains a disaster recovery plan for the Service towards l) a recovory time objective
of twelve (12) hours measured from the time that the Service becomes unavailable from a
disaster, untll It Is available again and Ii) a recovery point objective of thirty (30) minutes-
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measured from the time that the first transaction Is lost untll the Ser\.llce became Unavailable.
Iv. Support Request Submittal and Reporting
City may submit support requests to Park Loyalty. Each support request will be assigned a unique
number. Park Loyalty will respond each case In accordance with this SLA and will use
commerclally reasonable efforts towards resolution of each Issue consistent with the MSA with
timing dependent on the nature of the oase and the resolutlon Itself. A resolution may consist of
a fix, workaround, or delivery or Information.
v. Service Level Determination
City shall reasonably self•dlagnose each support Issue and recommend to Park Loyalty an
appropriate Severity Level designation as set forth herein. Park Loyalty shall validate City's
Severity Level designation or notify City of a proposed change In the Severity Level designation to
a higher or lower level with Justification for the change. In the event of a conflict regarding the
appropriate Severity Level designation, each party shall promptly escalate such conflict to Its
management team for resolution through consultation between the partles1 management, during
which time the parties shall continue to handle the support Issue In accordance with the Park
Loyalty Severity Level designation.
vi. support Request -severity Levels and Response
Response time Is the period from the time the Support Request was reported to Park Loyalty untn
Park Loyalty responds to City and the parties recognize that Park Loyalty wlll use commercially
reasonable efforts In Its response and any resolution timing is dependent on the nature of the
reported Issue, In each case as follows and subject to City's Commitment:
Severity
Level
1
2
Definition First Resolution
Response
The Park 1 Hour-··. Park Loyally Production
Loyalty Support team will
service is promptly on a priority
unavallable basis work towards
for all users returning tho Service to
normal operation with a
target resolution time of
4 hours from the time
the issue was first
reported by the City.
Parl< Loyalty will notify
the City about the
status of Issue during
the resolution process.
The Park 4 Hours Park Loyalty Production
Loyalty Support team will work
Service towards returning lhe
contains a Service returns to
bug that normal operation with a
prevents City target resolutlon lime of
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Cl~y Commitment
CILy will remain
continuously
accessible to Park
Loyalty ror
troubleshooting,
and provide
additional
Information,
whore required,
from the time
Issue is reported
until It Is resolved.
City will remain
continuously
accessible to Park
Loyalty for
troubleshooting,
and provide
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from 24 hours from tho time addltlonai"
executing the issue was first Inf ormallon,
one or more reported by tho City. where required,
critical from the time
business Park Loyalty will Inform issue is reported
processes the City about the until It Is resolved.
with a status of Issue during
significant the resolution process.
impact and
no
workaround
exists.
3 The Park 24 Hours If the resolutlon of the Clly wlll respond to
Loyally Issue requires a bug fix, Park Loyalty
service Park Loyalty may add the requests for
contains an bug fix to Its development additional
Issue that queue for a future update Information In a
prevents City and suggest a timely manner and
from workaround unlll the Implement
executing problem Is resolved In a recommended
one or more future update. solution In o timely
crlttoal manner.
business Park Loyalty will brief the
processes City about the
but a workaround and help
workaround Implement tho
exists. workaround, If appllcabfe,
and necessary.
--•··· ···--~--
4 The Park 48 Hours If the resolutlon of the Clly wlll respond to
loyalty Issue requires a bug fix, Park Loyally
Service Park Loyally may add the requests for
contains an bug fix to its development addillonal
Issue that queue for future update Information In a
may disrupt and suggest a timely manner
functlonallty workaround until the
that Is not prob1om Is resolved In a
Imperative future update.
for City
business Pork Loyally will brief the
operaUons. Clly about the
workaround and help
Implement, If applicable
and necessary. ----------~------
g) Park Loyalty SUPPORT SCOPE
Park Loyally will support functionality that is developed by Park Loyalty and under Its direct control.
For all other functlonalily, and/or Issues or errors In the Service caused by issues, orrors and/or
changes In City's Information systems and/or third-party products or services Including Park Loyally
Exclusions If appllcoble, Park Loyalty may assist City and Its third-party providers In diagnosing and
resolving Issues or ertors but City ecknowledges that these matters aro outside of Park Loyalty's
Masler Subscription Agreement
Park Loyally Inc. Confldcmtlnl & Proprlotary
16 of 23
Page 10of19
support obllgallons and shall be subject to the express prior written consent of the portles.
h) SECURITY
Park Loyalty Service Includes the following administrative, technical and physical steps towards
safeguards to protect City Data from loss, damage, alteration, destruction, end unauthorized access
or use (as published and updated time to time on www.ut.lo):
1. Security Awareness and Training
A mandatory security awareness and training program for all members of Park Loyalty's workforce
(Including management), which Includes:
• Training on how to coordinate with City Data security
• Promoting a culture of security awareness through periodic communications from senior
management with employees.
II. Access Controls
Pollcles, procedures, and logloal controls:
• To limit access to Its Information systems and the faclllty or facilities In which they are housed
to properly authorized persons;
• To prevent those workforce members and others, who should not have access from obtaining
access;and
• To remove access In a timely basis In the event of a change In Job responslblllties or Job
status.
Ill. Physical and Environmental Security
No Park Loyalty employee has access to the applicable pl\yslcal environments. Park Loyalty uses
3rd party Cloud Service (AWS).
Iv. Data Backup
In order to respond to en emergency or other occurrence that could damage City Data or
production systems that contain City Data, Park Loyalty's Data Backup Policy enables periodic,
automatic backups of production flle systems and databases according to a defined schedule.
v. Audit Controls and Monitoring
Procedural mechanisms that record and examine activity In Information systems thal contain or
use electronic Information. Including approprlato logs and reports concerning these security
requirements.
vi. Data Integrity
Park Loyally Service Includes pollcles and procedures towards protecting the confidentiality,
Integrity, and availablllty of Clty Data against disclosure, Improper alteration, or destruction. All
data Is transmitted using https. Data at rest, Data backups and FIie storage systems have
encryption enabled.
Mastor Subscription Agroomont
Park Loyallv Inc. Confidential & Proprietary
17 of23
Pago 17 of 19
EXHIBIT 2: SUBSCRIPTION SERVICES ORDER
Included In the pages that follow
Mastor Subscription Agraomont
Parl< Loyally Inc. Confldentlal & Proprietary
18of23
Paga 18 of 1D
South Miami Parking Enforcement Quote
Quolo 10:
Roprosontellvo
Ptoporod for:
PL000042325
Marc t.ucoy
South Miami, Florld11
Dnto Propnrod:
EKplre Doto:
Ship-to Ronlon:
5/15/2024
0/12/2024
Fl.
Doscrlpllon Comn1011I• Qty Unll Cost Extondod Cost
Section One : Enforcement Hardware
p
S/\f.l SUNG -GALAXYSFE Snn11;1111g G~L~l<)I $23. 26GGO will1 l~~l tl1a1no ,;.1blu
S/1I.t SUNG-OA TT Somsuno Ooloxy Vtro o;.tended ballory case • \
S/11,t SUNG-SCRl:l:N Sum5unn Gvlnxy Sc,oon Protc clc, 'I,.<:-,;;.<. (}.
SAMSUNG-EXTl:ND J. )'e:l( SAlllSUllO ~).!Qnd~CJ !t(!r't'i '" O ~'\ ~··•IJnt
KIT. Xf,S23U-Pf\ltl I t l\l XF Prlnlor, doos nol onclLJ<i• ,i>e; · • •
.• \0
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SUOA SSY, n11n, WI PULL , ~e ,
XF Pr•>lur [;Y ' v';..~ Jllory TIION5 • <c,O: ,
CASI:, C/\l!ltYING P19 xq,,• <$'~c ,inn C:1150
1:XTl;NfJEfl Ci\RE PLAN -l \ ??i .
YEARS XF I-.or, Extor.dO<J Warranty, 3 Yoar
WIKELESS Wiwl<lso CQ<nnwnk:t•llon •~"'h:oo • ATT (tlola plan onlt)
Whlto la-<l onrcreomor\l subsc rl;l!l;n our vlco5, lnciudlnn;
•ln cUdnn noft~,•itr(1 t,1i1h,lun11nco.
•I losllno ,111d fll:mslor Rocovory Sorvlccs
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-Romo1o M anagon1c111 Subsc~pUon.
Wlre!ess co mm un ~tllion !:nrvlr.CJt;, i11cf\Jdln u:
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,\'lhok,so Tickol Up'oad
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•Dlgilal l111 n90~
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·D,,'ly scolfltr,•1 list upland l o handhOld unll9 nnd Ll'lt VCll!CIJS
Sorlworo System -Enrcn:emonl nnd nt1mh1I,Ir:1Iivc, U$Qr 1ce1c;o::
Pro)~c l M,1m1110111onl & C011f>Juml.\in \lmplomenlollon Molhodology and 1\pptoac h)
lrnln'ng and h1 Mnl~1lbn (rnmolo ~ppllcaCon and back-offico ~al!i"no).
3. i\ddlUonal Roqul romenlo
7
7
7
7
7
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30,000
(nnnurtl Licke t
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r,o-.lcl od by cllenl
I•10,•ld~,I lJy clionl
i'toolrlod hy cllo,11
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I•,0•1hl o1f Ly cllon l
S1.25
(Pur 11::kc: i.t;.:;um l
tmnsvcllon /co)
51 6,000.00
(/\nnual roo cstl111~I0)
NI pos1-lmpIomo,11aI 00 Cli;111nos ur onh,111com onl:; roquos l od by lho anoncy ,,rn bo po,rorrnod by Poll< Loyally on o l 'mo on d mote((.lls hns lt.. Th¢ blli,19 rolos to l :o unod wll
ll n 1110 m(uo In 11lt100 \1,l1on tho work~;; oomploted. A~ roqu osl& ror systoms chango s endfor nnhnnr.ornonts \'111100 nuhmi'!lml In wrllinn hy U10 4tgc-nc:y, from ,·,hlch Pitrk Lo>"i.l!(y'
wll l uml:;h nn cutlmnlo.
Tickol utor.k, Uckot onvol,pos, nnd o:her onsr.o consum oblos oro 10 bo pu,cnnse-1 L y lho c us:0I1101. Quule;; for 11,o~u 111alc r<JI$ c~n bu Jumi:il1cd by P~•k l.oyolly upo~
roqu ost
Pl a~~o Sul.unit Purchnu o Orcfor To:
Pl•.,o sign • scs11 • n11d 011101/ bnol< lo /ll#ro.lucoy@110rl<loynlly.com
South Miami Parking Enforcement Quote
Quoto ID:
Ropro s o,1tntlvo
Propored for:
PL00004232S
Mure Lucoy
South Miami, Florldn
On to Propnrod:
Expl ro Doto:
Ship -to Roglon:
5/15120?.4
0/12/2024
FL
f)
PA I! H
Loyalty
Doscrlptlon CommontG Qly Unll Co&t Extended Co&t
I hruohy eo1lify lh l1t lh(1 P<Olh•clu 11111/ uccvl~o~ roforune<:d 111>'7\'0 h avo boon ro qu oslod ond thnl by &lanlno bolo1·, I om tcnflrmlng tho ord or ond ngroo lo lho to,ms nn d
tc11<l ~bns pro scnl ~'<l h1 Uris quolnlklrr
.1\u1ho,1wll 5/f.nJtute
Pr In\ or Type TitJc
£mall t,chfre ss Phone Numtn.-.
BIii To Addr oui Ship To llddrt>S:
29 of.23 \l!JO,
South Miami Parking Digital Permitting Quote
Quoto 10:
Roprosonlallvo
Proporod for:
Pf:RMITPRO
ENFORCE INTEGRATE
IIOSTING
SOFlW/IRE • nl\Gl<OFFICE
PM·IMI'
TRMIING
Pl000042327
M arc Lucoy
South Ml~ml, Florida
Parm~ Pro. dr:J\lal pormllllng modulo conl,gurod lo Sou\11 Moml
bu !.f1os11 tuk!s.
,Rooldcnllal, Vi~llc,. r.tor>lhly pu,ml1$
•Rolllno pormil rontwal confiourollon
-Hoslod publc-laclno pom1 l1 occount w~bsllo, for so lf,sorv:Co pormll
oppll:ot:on ond nccounl ni Mngomcnl
•App1;::,1linn :1dm\!1Jetra U1,11) tQ'IIO-w \\'Qfidb'IJ
nu,,J.frno lnlcgrulinn 1•,llh Pnrk l.Cry.,lly f-n forco Prn. v'.oh1llor>
onforcmont plallarm
Pc.m11it Pr o 111Hllo:rn ho:;rou .:,nU 111;tinlomm:o
sorNttHO S)1Stt:rn. Pormlt Pro ndnf nl:;lrnl\'lo u:;.cr lc.cm::;os
Pr oJoc.t M,,,.~90111unt & Co11fgor.1tlo11 (lrnplcrnonl~l\m Molho~Qloov 111,J
/lpproa chl
Trolnl119 nnd lnst.Jlfnlfon (romolo npplcnUan and bacl:-offt:o training).
Cmdil C~ld Paymonl Ptoc.ossnn. PM< Loy~lly Morchnnt or Rocord
(f llH (Wmlll f)Jld1ilf1Cd • C111)1g1:d to lni1ltul:1 l)
3. l\ddlllonal Roqulromenta
onto Propnrod: 6/181?.024
EKplro Da to : ll/1 6/202~
Ship-to Roolon: FL
4,003
Included
lncludC<I
l11cl1•d~-<J
lnC:udod
Include:!
s
s
3.50 S 10,320.60
N I posl-ln1plomonlntion chanoo• or cnlrnnccmcnls ,oquoslad by l ho n oaney wll l><l pe1fo1n1od by 1'01~ L0)"nl y °'' n limo nml matc11n ls bn~. n,o blltno rn1 0, to be u,od wll
t;o ll1(J ,:itc~ II\ phlC1) wht!n thn wo rk I~ t Qrnpl ~lu!J, A• rcl)l)C:J~ l:,r :.;y:,torn:; t h1.mno:; und/ot vnhtlncc111cnts wil t;-0 !:uhmi\l<:d ln ,•,rillr,o hy Um ll!J0ncy, from wlilth Pnik Lu~11ly
w11 f1mfoh on c:;l"rnnlo.
/v1y nc:ccsseiy pormll !.tock and olht:!r Oflf;ito r.onsurnahrus nm lo ho pu rc:hns<!d hy th{) r.u~.lomo,. Quoh-m lo, tho{JO rnntcrt(lls cttn l:o rurn l!;h11i.t by r>ntk Loynlly upon rnqu r,!1t.
Pluar.o Submll Purch:wo OnlnrTo:
P/aoso sign• aeon• s11d onra/1 back to m•rr:.lucoy@/Jo1lltoya1ty.com
I hereby 001Vly lhnl lho produc!s nnd services rureronccd nbovo Mvo b oo n 1o~ucnle<l n1><1 lhnl by slgnilg bol:r11 I orn conllrmlr,o nm ardor nnd ngrno ID Din lonns nnd
oondit"OrlS ptOSC-f\lCd In 11,1~ (tL.-Ol;1l:C111
21 of 23 P,m., ,
J>rinl or 'l}'fl" "lltln
South Miami Parking Digital Permitting Quote
Quolo 10:
Reprosontollvo
Propnrotl for:
PL0000 42 327
lolnrc Lucoy
Soulh Miami, Florido
Dato Proparod: 5118/2024
Explro Doto:
Shlp,to Roglon:
9/1512024
Fl
r)
()(\[ll(
Loyalty
Ooecrlpllon Coniment• Qty Unit Cost Ext ondotl Cost
t mil ll lvJdrcu l1hono Nun\b cr
mll roMdreu: Ship Yo .A dd rcs.s :
E-VERIFY AFFIDAVIT
In accol'dance with Section 448.095, Florida Statutes, tho City requires all contt·actors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not cntc1· into a contt·act unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of cnrollmc11t ba E .. Vcrlfy. For instmctions on
how to provide proof of the contracting entity's participation/enrollment in fi .. Verify, please visit:
https://www.e-vcrify.gov/fag/how-do-i-provide-proof-of-my-participationenrollment-in-e-verifY.
By signing below, the contracting entity acknowledges that it has read Section 448.095, Flol'idn
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
01S11eck he1·e to confirm proof of enrollment In E .. vc1•ify has been aunclacd to this Affidavit.
In the presence of:
Print
Tille: l'L,,,/1 6lrW4,'vs--
Witness #2 Print Name: e1tnttatJJi O lc.Lt<h'\...S Entity Name: ...,13.::;:ii.~r..-f;,__.......u.f.q.W,.14-f-=~--
• C
State of..Pl0aicla Wwc.ol'IJJ,,,I\..
ACKNOWLEDGMENT
County of IJJ~l.o-
The foregoing inslrumenl was acknowledged before me by means of P( physi~resence or D
onlinc notarization, this -1:._ day of j ~ , 20?1:L, by mw-c.. bc.e;~
_____ (mune of person) as (!t,1-,1: &e<,/lttt ~IOC't'c (type ofauthority) for
:B,c,l, k"'f~/1'1 , J;'&1c (name off)arly on behalf of whom instrument is executed).
Notary Public {Pl'int, Stamp, or Type as
Commissioned)
____ Personally known to me; or
_)(__Produced identification (Type of Identification: PtkVtt' .5 UCL,./\.£"e. )
____ Did take an oath; or
___ Did not take an oath
Mastor Subscription Agroomont
Park Loyalty Inc. Confidential & Proprietary
23 or 23
Pago 19 of 19
Master Subscription Agreement Page 1 of 20
Park Loyalty Inc. Confidential & Proprietary
SOFTWARE SUBSCRIBER AGREEMENT
This Software Subscriber Agreement (this “Agreement”), effective as ________________, 2024 (''Effective
Date"), is by and between Park Loyalty Inc, a Delaware corporation with registered office at 221 N. Broad St,
Suite 3A, Middletown, DE 19709 (“Park Loyalty” or “Company”, “We”, “Our”) and the City of South Miami,
Florida ("ClientCity", “You”, “Your”). Whereas, Park Loyalty provides a subscription Service, ClientCity desires
to subscribe to the Service, and this business relationship and the allocation of responsibilities regarding
such Service are set forth in this Agreement. Therefore, the parties agree as follows:
1. CLIENTCITY’S USE OF THE SERVICE
1.1. Park Loyalty Obligations: Park Loyalty shall: (i) make the Park Loyalty Services listed in the relevant
Subscription Services Order available to You in accordance with this Agreement and the relevant
Subscription Services Order during the Term pursuant to the relevant Subscription Order, unless
earlier terminated in accordance with this Agreement or the relevant Subscription Services Order; (ii)
not use ClientCity Data except to provide the Service, or to prevent or address service or technical
problems, in accordance with this Agreement and the Documentation, or in accordance with
ClientCity's instructions, and (iii) not disclose ClientCity Data to anyone other than Authorized Parties.
1.2. ClientCity Obligations: ClientCity may enable access of the Service for use only by Authorized Parties
solely for the internal business purposes of ClientCity and not for the benefit of any third parties.
ClientCity is responsible for all Authorized Parties’ use of the Service and compliance with this
Agreement and the relevant Subscription Services Order. ClientCity shall: (a) have sole responsibility
for the accuracy, quality, and legality of all ClientCity Data; and (b) prevent unauthorized access to, or
use of, the Service, and notify Park Loyalty promptly of any such unauthorized access or use. ClientCity
shall not: (i) use the Service in violation of applicable Laws; (ii) in connection with the Service, send
or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material
that violates privacy rights; (iii) send or store Malicious Code in connection with the Service; (iv)
interfere with or disrupt performance of the Service or the data contained therein; or (v) attempt to
gain access to the Service or its related systems or networks in a manner not set forth in the
Documentation.
2. FEES
2.1 Invoices & Payment: Fees for the Service will be invoiced in accordance with the relevant Subscription
Services Order Form. Except as otherwise stated in the relevant Subscription Order Form, all fees are
quoted and payable in United States Dollars via wire transfer to Park Loyalty bank account and are
based on Service rights described herein. ClientCity shall provide Park Loyalty with complete and
accurate billing and contact information including a valid email address for receipt of invoices. Except
as otherwise set forth in the applicable Software Schedule or Statement of Work, all fees and other
charges are due and payable to Park Loyalty in accordance with the Florida Prompt Payment Act within
thirty (30) days after the date of Park Loyalty’s invoice.
2.2 OMITTED. Non-cancelable & non-refundable: Except as specifically set forth to the contrary under
Section 6.2 "Warranty Remedies", Section 7.1 "Indemnification by Park Loyalty'', Section 9.2
"Termination", all payment obligations under any and all Subscription Services Order Forms are non-
cancellable, and all payments made are non-refundable.
2.3 OMITTED. Overdue Payments: Client agrees to pay interest at the rate of 1.5% per month (or the
maximum rate allowed by applicable law, whichever is lower) on amounts more than thirty (30) days
8
Master Subscription Agreement Page 2 of 20
Park Loyalty Inc. Confidential & Proprietary
past due, and to pay all reasonable costs, including attorneys’ fees and costs, associated with Park
Loyalty’s collection of past due amounts.
2.4 Non-Payment and Suspension of Service: If ClientCity's account is more than thirty (30) days past due
(except with respect to charges subject to a reasonable and good faith dispute), in addition to any
other rights or remedies it may have under this agreement or by law, Park Loyalty reserves the right
to suspend the Service upon thirty (30) days written notice, without liability to ClientCity, until such
amounts are paid in full.
2.5 Taxes: The City is tax-exempt; Certificate No. 85-801262693C-1 ClientCity shall be responsible
for any taxes relating to its use of the Service. Prices exclude taxes and duties. ClientCity is responsible
for all sales, value-added, or other similar taxes and assessments and shall provide Park Loyalty with
certificates and documents as required to this effect, including without limitation proof of payment of
applicable taxes, if requested by Park Loyalty.
2.6 Most Favored Nations: Throughout the term of this Agreement, ClientCity shall be charged Service
fees by Company that are the lowest service fees charged to any other ClientCity that is comparable
to ClientCity in terms of service volume, scope, and State of operation. Should Company charge lower
service fees to other clientCitys meeting this criteria during the term of the Agreement, Company will
immediately notify ClientCity in writing and ClientCity will be entitled to amend this Agreement to the
lower service rate.
3. PROPRIETARY RIGHTS
3.1 Ownership: You or Your licensors retain all ownership and intellectual property rights in and to Your
Content. Park Loyalty and its licensors own and retain all ownership and Intellectual Property Rights
in and to the Services, derivative works thereof, and anything developed or delivered by or on behalf
of us under this Agreement. No rights are granted to You hereunder other than as expressly set forth
herein.
3.2 License Grant: Park Loyalty hereby grants ClientCity a non-exclusive, non-transferable, right to use the
Service, solely for the internal business purposes of ClientCity and solely during the Term, subject to
the term and conditions of this Agreement within scope of use defined in the relevant Subscription
Services Order Form.
3.3 License Restrictions. ClientCity shall not (i) modify, copy or create any derivative works based on the
Service or Documentation; (ii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute,
timeshare, offer in a service bureau, or otherwise make the Service or Docu mentation available to
any third party, other than to Authorized Parties as permitted herein; (iii) reverse engineer or
decompile any portion of the Service, including but not limited to, any software utilized by Park Loyalty
in the provision of the Service, except to the extent required by Law; (iv) access the Service in order
to build any commercially available product or service; or (v) copy any features, functions, integrations,
interfaces or graphics of the Service.
3.4 Aggregated Data Use. We may (i) compile statistical and other information related to the performance,
operation and use of the Services, and (ii) use data from the Services in aggregated form for security
and operations management, to create statistical analyses, and for research and development
purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service
Analyses publicly available; however, Service Analyses will not incorporate Your Content, Personal
Data or Confidential Information in a form that could serve to identify You or any individual. We retain
all Intellectual Property Rights in Service Analyses.
9
Master Subscription Agreement Page 3 of 20
Park Loyalty Inc. Confidential & Proprietary
4. CONFIDENTIALITY.
Subject to Chapter 119, Florida Statutes, each party agrees as follows:
4.1 Confidentiality: A party shall not disclose or use any Confidential Information of the other party except
(i) as reasonably necessary to perform its obligations or exercise its rights pursuant to this Agreement,
or (ii) with the other party’s prior written permission.
4.2 Protection. Each party agrees to protect the Confidential Information of the other party in the same
manner that it protects its own Confidential Information of like kind, but in no event using less than a
reasonable standard of care.
4.3 Compelled Disclosure: A disclosure by one party of Confidential Information of the other party to the
extent required by Law shall not be considered a breach of this Agreement, provided the party so
compelled promptly provides the other party with prior notice of such compelled disclosure (to the
extent legally permitted) and provides reasonable assistance, at the other party's cost, if the other
party wishes to contest the disclosure.
4.4 Remedies: If a party discloses or uses (or threatens to disclose or use) any Confidential Information
of the other party in breach of confidentiality protections hereunder, the other party shall have the
right, in addition to any other remedies available, to seek injunctive relief to enjoin such acts, it being
acknowledged by the parties that any other available remedies are inadequate.
4.5 Exclusions: Confidential Information shall not include any information that: (i) is or becomes generally
known to the public without breach of any obligation owed to the other party; (ii) was known to a party
prior to its disclosure by the other party without breach of any obligation owed to the other party; (iii)
was independently developed by a party without breach of any obligation owed to the other party; or
(iv) is received from a third party without, to the receiving party’s knowledge of breach of any obligation
owed to the other party. ClientCity Data shall not be subject to the exclusions set forth in this Section.
5. CLIENTCITY DATA
5.1 Protection and Security: During the Term of this Agreement Park Loyalty shall use commercially
reasonable efforts with respect to the security and integrity of the ClientCity Data, consistent with
industry standards and as published from time to time by Park Loyalty. Park Loyalty designs its Service
to allow ClientCitys to achieve differentiated configurations, enforce user access controls, and
manage data categories that may be populated and/or made accessible on a country-by-country
basis. ClientCity understands that its use of the Service and compliance with any terms hereunder
does not constitute compliance with any Law. ClientCity understands that it has an independent duty
to comply with any and all laws applicable to it.
5.2 Backup and Data Recovery. Park Loyalty shall make periodic backups of ClientCity Data and re-store
ClientCity Data lost due to Park Loyalty error or disaster in accordance with Park Loyalty's documented
backup and recovery process as published from time to time by Park Loyalty. In the event that
ClientCity deletes ClientCity Data and requires Park Loyalty's assistance to restore it, Park Loyalty will
provide reasonable assistance for such services at the applicable professional services fee.
Throughout the Term, ClientCity shall have the right to access and extract ClientCity Data through the
Service using the methods described in the Documentation.
5.3 Unauthorized Disclosure: If either party believes that there has been a disclosure of ClientCity Data to
anyone other than an Authorized Party or Park Loyalty, such party must promptly notify the other party.
Additionally, each party will use commercially reasonable efforts to assist the other party in
10
Master Subscription Agreement Page 4 of 20
Park Loyalty Inc. Confidential & Proprietary
remediating or mitigating any potential damage, including any notification , which should be sent to
individuals impacted or potentially impacted.
6. WARRANTIES & DISCLAIMERS
6.1 Warranties: Each party warrants that it has the authority to enter into this Agreement and, in
connection with its performance of this Agreement, shall comply with all Laws applicable to it related
to data privacy, international communications and the transmission of technical or personal data.
Park Loyalty warrants that during the Term (i) the Service shall perform materially in accordance with
the Documentation; and (ii) the functionality, security, availability of the Service will not be materially
decreased during the Term.
6.2 Warranty Remedies: As ClientCity's exclusive remedy and Park Loyalty's sole liability for breach of the
warranty set forth in Section 6.1 (i) and (ii), (a) Park Loyalty shall correct the non-conforming Service
at no additional charge to ClientCity, or (b) in the event Park Loyalty is unable to correct such
deficiencies after good-faith efforts, Park Loyalty shall refund ClientCity amounts paid that are
attributable to the defective Service from the date Park Loyalty received such notice. To receive
warranty remedies, ClientCity must promptly report deficiencies in writing to Park Loyalty, but no later
than thirty (30) days of the first date the deficiency is identified by ClientCity.
6.3 OMITTED. DISCLAIMER:
EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 6,1, Park Loyalty MAKES NO WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE AND/OR RELATED DOCUMENTATION.
Park Loyalty DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED,
THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS . Park Loyalty IS NOT RESPONSIBLE FOR ANY ISSUES RELATED
TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR
CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. THE LIMITED
WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CLIENT
IN CONNECTION WITH THE PROVISION OF THE SERVICE.
7. INDEMNIFICATION
7.1 Indemnification by Park Loyalty: Park Loyalty shall defend, indemnify and hold ClientCity harmless
against any loss, damage or costs (including reasonable attorneys' fees) in connection with claims,
demands, suits, or proceedings ("Claims") in each case finally awarded, made or brought against
ClientCity by a third party alleging that the use of the Service as contemplated hereunder infringes a
copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; provided,
however, that ClientCity: (a) promptly gives written notice of the Claim to Park Loyalty; (b) gives Park
Loyalty sole control of the defense and settlement of the Claim (provided that Park Loyalty may not
settle any Claim unless it unconditionally releases ClientCity of all liability); and (c) provides to Park
Loyalty, at Park Loyalty's cost, all reasonable assistance. Park Loyalty shall not be required to
indemnify ClientCity in the event of: (w) modification of the Service by ClientCity, its Employees, or
Authorized Parties in conflict with ClientCity's obligations or as a result of any prohibited activity as set
forth herein; (x) use of the Service in a manner inconsistent with the Documentation; (y) use of the
Service in combination with any other product or service not provided by Park Loyalty; or (z) use of
the Service in a manner not otherwise contemplated by this Agreement. If ClientCity is enjoined from
using the Service or Park Loyalty reasonably believes it will be enjoined, Park Loyalty shall have the
right, at its sole option, to obtain for ClientCity the right to continue use of the Service or to replace or
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modify the Service so that it is no longer infringing. If neither of the foregoing options is reasonably
available to Park Loyalty, then use of the Service may be terminated at the option of Park Loyalty and
Park Loyalty's sole liability shall be to refund any prepaid fees for the Service that were to be provided
after the effective date of termination.
7.2 Responsibility of ClientCity: ClientCity is responsible for the content of its ClientCity Data. ClientCity shall
not upload ClientCity Data that infringes the rights of, or causes harm to, a third party or violates any
Law.
8. OMITTED.LIMITATION OF LIABILITY
9. Limitation or Liability: IN NO EVENT SHALL Park Loyalty’s AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT, TORT OR OTHERWISE,
EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT IN CONSIDERATION FOR PARK LOYALTY'S
SERVICE UNDER THE ORDER GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
10.
11.
12.8. Exclusion of Damages: EXCEPT WITH RESPECT TO CLIENT'S PAYMENT OBLIGATIONS, IN NO EVENT
SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST
PROFITS, LOSS OF USE, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER
IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE
SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, ANY
INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES
ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
13.9. TERM AND TERMINATION
9.1 Term of Agreement: The term of this Agreement commences on the Effective Date and continues Five
(5) calendar years after, unless otherwise extended pursuant to the written agreement of the
parties (the “Term”).
9.2 Termination.n:
i. The City Manager, without cause, may terminate this Agreement upon five (5) calendar days written
notice to the Park Loyalty, or immediately with cause.
ii.Upon receipt of the City's written notice of termination, Park Loyalty shall immediately stop work on
the project unless directed otherwise by the City Manager.
iii.In the event of termination by the City, the Park Loyalty shall be paid for all work accepted by the
City Manager up to the date of termination, provided that the Park Loyalty has first complied with
the provisions of Paragraph 8.4.
iv.The Park Loyalty shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services and the project to the City, in a hard copy and electronic format
within fourteen (14) days from the date of the written notice of termination or the date of expiration
of this Agreement.
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9.2 Either party may terminate this Agreement (i) upon nintey (90) days prior written notice to the other
party of a material breach by the other party if such breach remains uncured at the expiration of such
notice period; or (ii) immediately in the event the other party becomes the subject of a petition in
bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for
the benefit of creditors. Upon any termination by Client pursuant to this section, Park Loyalty shall
refund Client any prepaid fees for the affected Service that were to be provided after the effective
date of termination.
9.3
9.49.3 Effect of Termination: Upon any termination of this Agreement, ClientCity shall, as of the date of such
termination, immediately cease accessing and otherwise utilizing the applicable Service (excep t as
permitted under section 9.4). Termination for any reason shall not relieve ClientCity of the obligation
to pay any fees accrued or due and payable to Park Loyalty prior to the effective date of termination.
Upon termination for cause by Park Loyalty or termination for convenience by Client, all future
amounts due shall be accelerated and become due and payable immediately.
9.59.4 Retrieval of ClientCity Data: Park Loyalty will make ClientCity Data (as it existed as of the date of
termination) available for retrieval by You for a period of up to sixty (60) days after the date of
termination. After such sixty (60) day period, Park Loyalty will have no obligation to maintain or provide
any ClientCity Data and may thereafter, unless legally prohibited, delete all ClientCity Data.
9.69.5 Surviving Provisions: The following provisions of this Agreement shall not survive and will have no
further force or effect following any termination or expiration of this Agreement: (i) subsection (i) of
Section 1.1 "Park Loyalty Obligations''; (ii) Section 3.2 "License Grant"; and (iii) any Order Form(s). All
other provisions of this Agreement, which contemplate or require continued performance shall survive
any termination or expiration of this Agreement.
14.10. GENERAL PROVISIONS
10.1 Relationship of the Parties: The parties are independent contractors. This Agreement does not create
nor is it intended to create a partnership, franchise, joint venture, agency, fiduciary or employment
relationship between the parties. There are no third- party beneficiaries to this Agreement.
10.2 Notices: All notices under this Agreement shall be in writing and shall be deemed to have been given
upon: (i) personal delivery; or (ii) the third business day after first class mailing; or (iii) the second
business day after sending by email with telephonic confirmation of receipt. Notices to Park Loyalty
shall be addressed to the attention of its Chief Executive Officer. Notices to ClientCity shall be
addressed to ClientCity's signatory of this Agreement. Each party may modify its recipient of notices
by providing notice pursuant to this Agreement.
10.3 Waiver and Cumulative Remedies: No failure or delay by either party in exercising any right under this
Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated
herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a
party at law or in equity.
10.4 OMITTED.Force Majeure: Neither party shall be liable for any failure or delay in performance under
this Agreement (other than for delay in the payment of money due and payable hereunder) for causes
beyond that party’s reasonable control and occurring without that party's fault or negligence,
including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror,
strikes or other labor problems (other than those involving Park Loyalty or Client employees,
respectively), computer attacks or malicious acts, such as attacks on or through the Internet,
any Internet service provider, telecommunications or hosting facility. Dates by which performance
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obligations are scheduled to be met will be extended for a period of time equal to the time lost due to
any delay so caused.
10.5 Assignment: Neither party may assign any of its rights or obligations hereunder, whether by operation
of law or otherwise, without the prior written consent of the other party (which consent shall not be
unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its
entirety (including all Order Forms) without consent of the other party in connection with a merger,
acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the
assignee has agreed to be bound by all of the terms of this Agreement and all past due fees are paid
in full. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this
section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to
the benefit of the parties, their respective successors and permitted assigns.
10.6 Governing Law and Venue; Waiver of Jury Trial: This Agreement shall be governed exclusively by the
internal laws of the State of Florida Wisconsin, without regard to its conflicts of laws rules and both
parties hereby consent to the exclusive jurisdiction by the courts of the state of Wisconsin Florida for
any claim or controversy arising out of or related to this Agreement. Venue for any proceedings arising
out of this Agreement shall be proper exclusively in Miami -Dade County, Florida. Each party hereby
waives any right to jury trial in connection with any action or litigation in any way arising out of or
related to this Agreement.
10.7 Export: Each party shall comply with the export laws and regulations of the United States and other
applicable jurisdictions in providing and using the Service. Without limiting the generality of the
foregoing, ClientCity shall not make the Service available to any person or entity that (i) is located in
a country that is subject to a U.S. government embargo; (ii) is listed on any U.S. government list of
prohibited or restricted parties; or (iii) is engaged in activities directly or indirectly related to the
proliferation of weapons of mass destruction.
10.8 Miscellaneous: This Agreement, including all exhibits and addenda hereto and all Order Forms,
constitutes the entire agreement between the parties with respect to the subject matter hereof. In the
event of a conflict, the provisions of an Order Form shall take precedence over provisions of the body
of this Agreement and over any other Exhibit or Attachment, however, no Order Form shall vary
sections 2,4, 3.1, 3.3, 3.4, 4, 6, 7, 8, 9, or 10 of this Agreement unless the Order Form clearly states
that the parties are agreeing to do so and any such variance shall be effective only with respective to
that specific Order Form. This Agreement supersedes all prior and contemporaneous agreements,
proposals or representations, written or oral concerning its subject matter. No modification,
amendment, or waiver of any provision of this Agreement shall be effective unless in writing and
signed by both parties. If any provision of this Agreement is held by a court of competent jurisdiction
to be contrary to law, the provision shall be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest extent pe rmitted by Law, and the
remaining provisions of this Agreement shall remain in effect. Notwithstanding any language to the
contrary therein, no terms or conditions stated in a ClientCity purchase order or in any other ClientCity
order documentation shall be incorporated into or form any part of this Agreement, and all such terms
or conditions shall be null and void. Park Loyalty may use ClientCity's name and logo in lists of
ClientCitys, on marketing materials and on its website. This Agreement may be executed electronically,
by facsimile and in counterparts, which taken together shall form one binding legal instrument.
10.9 Insurance.
i.Park Loyalty shall secure and maintain throughout the duration of this agreement insurance of such
types and in such amounts not less than those specified below as satisfactory to City, naming the City
as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do
business in the State of Florida. The insurance coverage shall be primary insurance with respect to the
City, its officials, employees, agents, and volunteers naming the City as additional insured. Any insurance
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maintained by the City shall be in excess of the Park Loyalty’s insurance and shall not contribute to the
Park Loyalty’s insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per
Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance
shall also include Completed Operations and Product Liability coverages and eliminate the
exclusion with respect to property under the care, custody and control of Park Loyalty. The General
Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in
the amount of $2,000,000 each.
2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory
limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s
Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent
of the Park Loyalty shall be allowed to provide Services pursuant to this Agreement who is not
covered by Worker’s Compensation insurance.
3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined
single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-
Owned Vehicles.
4. Cyber Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per
occurrence, single limit.
ii.Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the City as an
Additional Insured (except with respect to Professional Liability Insurance and Worker’s Compensation
Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this
Agreement by City and prior to commencing Services. Each certificate shall include no less than (30)
thirty-day advance written notice to City prior to cancellation, termination, or material alt eration of said
policies or insurance. The Park Loyalty shall be responsible for assuring that the insurance certificates
required by this Section remain in full force and effect for the duration of this Agreement, including any
extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name
the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that
such insurance is as required by this Agreement. The City reserves the right to inspect and return a
certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days
prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that
not less than thirty (30) calendar days’ written notice shall be provided to the City before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of th e City.
iii.Additional Insured. Except with respect to Professional Liability Insurance and Worker’s Compensation
Insurance, the City is to be specifically included as an Additional Insured for the liability of the City
resulting from Services performed by or on behalf of the Park Loyalty in performance of this Agreement.
The Park Loyalty’s insurance, including that applicable to the City as an Additional Insured, shall apply
on a primary basis and any other insurance maintained by the City shall be in excess of and shall not
contribute to the Park Loyalty’s insurance. The Park Loyalty’s insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability, the insurance shall
apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate
policies had been issued to each.
iv.Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved
by the City. The Park Loyalty shall be responsible for the payment of any deductible or self -insured
retentions in the event of any claim.
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v.The provisions of this section shall survive termination of this Agreement.
10.10 Ownership and Access to Records and Audits.
i.Park Loyalty acknowledges that all inventions, innovations, improvements, developments, methods,
designs, analyses, drawings, reports, compiled information, and all similar or related information
(whether patentable or not) which relate to Services to the City which are conceived, developed or
made by Park Loyalty during the term of this Agreement (“Work Product”) belong to the City. Park
Loyalty shall promptly disclose such Work Product to the City and perform all actions reasonably
requested by the City (whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney and other
instruments).
ii.Park Loyalty agrees to keep and maintain public records in Park Loyalty’s possession or control in
connection with Park Loyalty’s performance under this Agreement. The City Manager or her
designee shall, during the term of this Agreement and for a period of three (3) years from the date
of termination of this Agreement, have access to and the right to examine and audit any records of
the Park Loyalty involving transactions related to this Agreement. Park Loyalty additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Park Loyalty shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred to the City.
iii.Upon request from the City’s custodian of public records, Park Loyalty shall provide the City with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law.
iv.Unless otherwise provided by law, any and all records, including but not limited to reports, surveys,
and other data and documents provided or created in connection with this Agreement are and shall
remain the property of the City.
v.Upon completion of this Agreement or in the event of termination by either party, any and all public
records relating to the Agreement in the possession of the Park Loyalty shall be delivered by the
Park Loyalty to the City Manager, at no cost to the City, within seven (7) days. All such records
stored electronically by Park Loyalty shall be delivered to the City in a format that is compatible with
the City’s information technology systems. Once the public records have been delivered upon
completion or termination of this Agreement, the Park Loyalty shall destroy any and all duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements.
vi.Any compensation due to Park Loyalty shall be withheld until all records are received as provided
herein.
vii.Park Loyalty’s failure or refusal to comply with the provisions of this section shall result in the
immediate termination of this Agreement by the City.
viii.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF PARK
LOYALTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO PARK LOYALTY’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
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Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
10.11 Prohibition of Contingency Fees. The Park Loyalty warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for the Park
Loyalty, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual or firm, other than a bona fide employee working solely for the
Park Loyalty, any fee, commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement.
10.12 Public Entity Crimes Affidavit. Park Loyalty shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
10.13 E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City
requires all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not ente r into a
contract unless each party to the contract registers with and uses the E -Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to provide
proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
11 DEFINITIONS
"Agreement" means this Software Subscriber Agreement, including the Park Loyalty Production
Support and Service Level Availability Policy (as may be updated from time to time), any exhibits or
attachments hereto, and any included Order Forms.
“Authorized Parties” means, for Services, those employees, contractors, and end users, as applicable,
authorized by You or on Your behalf to use the Services in accordance with Agreement and the
relevant Subscription Services Order. For Services that are specifically designed to allow Your
customers, suppliers or other third parties to access the Services to interact with You, such third
parties will be considered “Authorized Parties” subject to the terms of this Agreement and the relevant
Subscription Services Order.
"Confidential Information" means (a) any software utilized by Park Loyalty in the provision of the
Service and its respective source code; (b) ClientCity Data; (c) each party's business or technical
information, including but not limited to the Documentation, training materials, any information
relating to software plans, designs, costs, prices and names finances, marketing plans, business
opportunities, personnel, research, development or know- how that is designated by the disclosing
party as "confidential” or "proprietary" or the receiving party knows or should reasonably know is
confidential or proprietary; and (d) the terms, conditions and pricing of this Agreement (but not its
existence or parties).
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"ClientCity Data" means the electronic data or information submitted by ClientCity or Authorized
Parties to the Service. This may include data of ClientCity’s customers as applicable.
“ClientCity Input'' means suggestions, enhancement requests, recommendations or other feedback
provided by ClientCity or its Employees and Authorized Parties relating to the operation or functionality
of the Service, excluding ClientCity Data.
"Documentation" means Park Loyalty's documentation describing the functional and technical
features of the software components set forth in Section 1 of the Order Form for use with the Service,
as may be amended from time to time and duly notified to the ClientCity.
"Employee" means employees, consultants, contingent workers, independent contractors of
ClientCity.
"Improvements" means all improvements, updates, enhancements, error corrections, bug fixes,
release notes, upgrades and changes to the Service and Documentation as developed by Park Loyalty
and made generally available for Production use without a separate charge to ClientCitys.
“Intellectual Property Rights" means any and all common law, statutory and other industrial property
rights and intellectual property rights, including copy rights, trademarks, trade secrets, patents and
other proprietary rights issued, honored or enforceable under any applicable laws anywhere in the
world, and all moral rights related thereto.
"Law" means any local, state, national and/or foreign law, treaties, and/or regulations applicable to a
respective party.
"Malicious Code" means viruses, worms, time bombs, Trojan horses and other malicious code, files,
scripts, agents or programs.
"Service" means Park Loyalty's software-as-a-service applications as described in the Documentation
and subscribed to under an Order Form.
"SLA" means the Park Loyalty Production Support and Service Level Availability Policy, which may be
updated by Park Loyalty from time to time.
"Subscription Services Order' or “Order Form” means the separate ordering documents in
substantially the form attached hereto as an Exhibit, under which ClientCity subscribes to the Park
Loyalty Service pursuant to this Agreement and which ordering document is entered into either by
ClientCity who is responsible for payment of the amounts therein under this Agreement.
"Tenant" means a unique instance of the Service, with a separate set of ClientCity data held by Park
Loyalty in a logically separated database (i.e. a database segregated through password -controlled
access).
“Third Party Content” means all software, data, text, images, audio, video, photographs and other
content and material, in any format, that are obtained or derived from third party sources outside of
Park Loyalty that You may access through, within, or in conjunction with Your use of, the Services.
Examples of Third Party Content include data feeds from social network services, rss feeds from blog
posts. Third Party Content includes third-party sourced materials accessed or obtained by Your use of
the Services.
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“Total Members” means total number of members including officers, and reporting system users, who
have an active account in the system;
“Your Content” ClientCity data, text, images, audio, video, photographs, or third-party applications,
and other content and material, in any format, provided by You or any of Authorized Parties that is
stored in, or run on or through, the Services. Services under this Agreement, Park Loyalty intellectual
property, and all derivative works thereof, do not fall within the meaning of the term “Your Content.”
Your Content includes any Third-Party Content that is brought by You into the Services by Your use of
the Services.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized
representatives as of the day and year first above written, in one or more counterparts, PDF or other
replication, each of which shall be deemed an original.
ClientCity of South Miami Park Loyalty Inc.
Signature
(Authorized Representative)
Signature
(Authorized Representative)
Name:
Name: Marc Lucey
Title: Title: Chief Executive Officer
Email: Email: marc.lucey@parkloyalty.com
Date: Date:
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EXHIBIT 1: SERVICE LEVEL AVAILABILITY, PRODUCTION SUPPORT AND SECURITY POLICY
Service Level Availability (“SLA”) is a policy governing the use of Service under the terms of the Master
Subscription Agreement (“MSA”) between Park Loyalty and the users of Park Loyalty’s Services ("ClientCity",
“You”, “Your”). Unless otherwise provided herein, this SLA is subject to the terms of the MSA and capitalized
terms will have the meaning specified in the MSA. We reserve the right to update this SLA from time to time
upon notice to you.
a) SERVICE COMMITMENT
Park Loyalty will use commercially reasonable efforts to make the Service available with a Monthly
Uptime Percentage (defined below) of at least 99.5%, during any monthly billing cycle (the “Service
Commitment”). In the event Park Loyalty does not meet the Service Commitment, you will be eligible
to receive a Service Credit, as described below.
b) DEFINITIONS
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes
during the month in which the Service was “Unavailable.” Monthly Uptime Percentage
measurements exclude downtime resulting directly or indirectly from an y Park Loyalty Exclusion
(defined below).
• “Unavailable” and “Unavailability” mean that the Park Loyalty Production Service is unavailable
at the Park Loyalty production data center’s internet connection points and parking enforcement
officers cannot issue citations.
• A “Service Credit” is a Unites States Dollar credit, calculated as set forth below, that we may credit
back to an eligible account.
c) SERVICE COMMITMENTS AND SERVICE CREDITS
Service Credits are calculated as a percentage of the total charges paid by you for the Service that
was Unavailable, as applicable for the monthly billing cycle in which the Unavailability occurred in
accordance with the schedule below.
Monthly Uptime Percentage Service Credit Percentage
Less than 99.5% but equal to or
greater than 98.0% 10%
Less than 98% but equal to or greater
than 95.0% 20%
Less than 95.0% but equal to or
greater than 90.0% 50%
Less than 90% 100%
We will apply any Service Credits only against future payments otherwise due from you. At our
discretion, we may issue the Service Credit to the bank account you used to pay for the billing cycle
in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment
from Park Loyalty. Unless otherwise provided in the MSA, your sole and exclusive remedy for any
Unavailability, non-performance, or other failure by us to provide Service is the receipt of a Service
Credit (if eligible) in accordance with the terms of this SLA.
d) CREDIT REQUEST and PAYMENT PROCEDURES
To receive a Service Credit, you must submit a claim to our authorized representative. To be eligible,
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the credit request must be received by us by the end of the second billing cycle after which the incident
occurred and must include:
i. the words “SLA Credit Request” in the subject line;
ii. the dates and times of each Unavailability incident that you are claiming;
iii. the affected process or specific functionality; and
iv. your request logs that document the errors and corroborate your claimed outage (any
confidential or sensitive information in these logs should be removed or replaced with
asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service
Commitment, then we will issue the Service Credit to you within one billing cycle following the month
in which your request is confirmed by us. Your failure to provide the request and other information as
required above will disqualify you from receiving a Service Credit.
e) Park Loyalty EXCLUSIONS
The Service Commitment does not apply to any unavailability, suspension or termination of the Service
or performance issues: (i) caused by factors outside of our reasonable control, including any force
majeure event or Internet access or related problems; (ii) that result from any actions or inactions of
you or any third party; (iii) that result from your equipment, software or other technology and/or third
party equipment, software or other technology; (iv) that result from any scheduled maintenance as
provided in Section f(i) herein; or (v) arising from our suspension and termination of your right to use
Service in accordance with the MSA (collectively, the “Park Loyalty Exclusions”). If availability is
impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we
may issue a Service Credit considering such factors at our discretion.
f) PRODUCTION SUPPORT AND MAINTENANCE
Park Loyalty’s Service is based on a multi-tenanted operating model that applies common, consistent
management practices for ClientCitys using this Service with the following policies regarding
production support and maintenance:
i. Planned Maintenance
Park Loyalty’s planned maintenance includes:
• Up to One (2) hour for weekly maintenance
• Up to Two (8) hours for monthly maintenance
• Up to Four (16) hours for quarterly maintenance
ii. Park Loyalty Update Process and Notifications
Park Loyalty may enhance the capabilities of the Service with new features. Updates may take up
to twenty-four (24) hours to complete, which will require the Service to be taken down for some
or all of that time. This will not be considered as an unplanned outage. Park Loyalty will provide
notification of and information about Updates well in advance.
iii. Disaster Recovery
Park Loyalty maintains a disaster recovery plan for the Service towards i) a recovery time objective
of twelve (12) hours measured from the time that the Service becomes unavailable from a
disaster, until it is available again and ii) a recovery point objective of thirty (30) minutes-
22
Master Subscription Agreement Page 16 of 20
Park Loyalty Inc. Confidential & Proprietary
measured from the time that the first transaction is lost until the Service became Unavailable.
iv. Support Request Submittal and Reporting
ClientCity may submit support requests to Park Loyalty. Each support request will be assigned a
unique number. Park Loyalty will respond each case in accordance with this SLA and will use
commercially reasonable efforts towards resolution of each issue consistent with the MSA with
timing dependent on the nature of the case and the resolution itself. A resolution may consist of
a fix, workaround, or delivery of information.
v. Service Level Determination
ClientCity shall reasonably self-diagnose each support issue and recommend to Park Loyalty an
appropriate Severity Level designation as set forth herein. Park Loyalty shall validate ClientCity's
Severity Level designation or notify ClientCity of a proposed change in the Severity Level
designation to a higher or lower level with justification for the change. In the event of a conflict
regarding the appropriate Severity Level designation, each party shall promptly escalate such
conflict to its management team for resolution through consultation between the parties'
management, during which time the parties shall continue to handle the support issue in
accordance with the Park Loyalty Severity Level designation.
vi. Support Request – Severity Levels and Response
Response time is the period from the time the Support Request was reported to Park Loyalty until
Park Loyalty responds to ClientCity and the parties recognize that Park Loyalty will use
commercially reasonable efforts in its response and any resolution timing is dependent on the
nature of the reported issue, in each case as follows and subject to ClientCity’s Commitment:
Severity
Level
Definition First
Response
Resolution ClientCity
Commitment
1 The Park
Loyalty
service is
unavailable
for all users
1 Hour Park Loyalty Production
Support team will
promptly on a priority
basis work towards
returning the Service to
normal operation with a
target resolution time of
4 hours from the time
the issue was first
reported by the
ClientCity.
Park Loyalty will notify
the ClientCity about the
status of issue during
the resolution process.
ClientCity will
remain
continuously
accessible to Park
Loyalty for
troubleshooting,
and provide
additional
information,
where required,
from the time
issue is reported
until it is resolved.
2 The Park
Loyalty
Service
contains a
bug that
4 Hours Park Loyalty Production
Support team will work
towards returning the
Service returns to
normal operation with a
ClientCity will
remain
continuously
accessible to Park
Loyalty for
23
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Park Loyalty Inc. Confidential & Proprietary
prevents
ClientCity
from
executing
one or more
critical
business
processes
with a
significant
impact and
no
workaround
exists.
target resolution time of
24 hours from the time
the issue was first
reported by the
ClientCity.
Park Loyalty will inform
the ClientCity about the
status of issue during
the resolution process.
troubleshooting,
and provide
additional
information,
where required,
from the time
issue is reported
until it is resolved.
3 The Park
Loyalty
Service
contains an
issue that
prevents
ClientCity
from
executing
one or more
critical
business
processes
but a
workaround
exists.
24 Hours If the resolution of the
issue requires a bug fix,
Park Loyalty may add the
bug fix to its development
queue for a future update
and suggest a
workaround until the
problem is resolved in a
future update.
Park Loyalty will brief the
ClientCity about the
workaround and help
implement the
workaround, if applicable,
and necessary.
ClientCity will
respond to Park
Loyalty requests for
additional
information in a
timely manner and
implement
recommended
solution in a timely
manner.
4 The Park
Loyalty
Service
contains an
issue that
may disrupt
functionality
that is not
imperative
for ClientCity
business
operations.
48 Hours If the resolution of the
issue requires a bug fix,
Park Loyalty may add the
bug fix to its development
queue for future update
and suggest a
workaround until the
problem is resolved in a
future update.
Park Loyalty will brief the
ClientCity about the
workaround and help
implement, if applicable
and necessary.
ClientCity will
respond to Park
Loyalty requests for
additional
information in a
timely manner
g) Park Loyalty SUPPORT SCOPE
Park Loyalty will support functionality that is developed by Park Loyalty and under its direct control.
For all other functionality, and/or issues or errors in the Service caused by issues, errors and/or
changes in ClientCity's information systems and/or third-party products or services including Park
24
Master Subscription Agreement Page 18 of 20
Park Loyalty Inc. Confidential & Proprietary
Loyalty Exclusions if applicable, Park Loyalty may assist ClientCity and its third-party providers in
diagnosing and resolving issues or errors but ClientCity acknowledges that these matters are outside
of Park Loyalty's support obligations and shall be subject to the express prior written consent of the
parties.
h) SECURITY
Park Loyalty Service includes the following administrative, technical and physical steps towards
safeguards to protect ClientCity Data from loss, damage, alteration, destruction, and unauthorized
access or use (as published and updated time to time on www.lji.io):
i. Security Awareness and Training
A mandatory security awareness and training program for all members of Park Loyalty's workforce
(including management), which includes:
• Training on how to coordinate with ClientCity Data security
• Promoting a culture of security awareness through periodic communications from senior
management with employees.
ii. Access Controls
Policies, procedures, and logical controls:
• To limit access to its information systems and the facility or facilities in which they are housed
to properly authorized persons;
• To prevent those workforce members and others, who should not have access from obtaining
access; and
• To remove access in a timely basis in the event of a change in job responsibilities or job
status.
iii. Physical and Environmental Security
No Park Loyalty employee has access to the applicable physical environments. Park Loyalty uses
3rd party Cloud Service (AWS).
iv. Data Backup
In order to respond to an emergency or other occurrence that could damage ClientCity Data or
production systems that contain ClientCity Data, Park Loyalty’s Data Backup Policy enables
periodic, automatic backups of production file systems and databases according to a defined
schedule.
v. Audit Controls and Monitoring
Procedural mechanisms that record and examine activity in information systems that contain or
use electronic information, including appropriate logs and reports concerning these security
requirements.
vi. Data Integrity
Park Loyalty Service includes policies and procedures towards protecting the confidentiality,
integrity, and availability of ClientCity Data against disclosure, improper alteration, or destruction.
All data is transmitted using https. Data at rest, Data backups and File storage systems have
encryption enabled.
25
Master Subscription Agreement Page 19 of 20
Park Loyalty Inc. Confidential & Proprietary
EXHIBIT 2: SUBSCRIPTION SERVICES ORDER
Included in the pages that follow
26
Master Subscription Agreement Page 20 of 20
Park Loyalty Inc. Confidential & Proprietary
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
27
28
RESOLUTION NO. 083-21-15703
A Resolution authorizing the City Manager to enter into a multi-year lnterlocal
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 lnterlocal 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 lnterlocal
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 1 of 2
29
Res. No. 083-21-15 7 03
any reason held invalid or unconstitutiona :I by a court of oompetent jurisdiction, the . ho lding
sha ll not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This r esolution sha ll become effective immediate ly upon
adopt i on .
PASSED AND ADOPTEDJhis20th day of~, 2021.
ATTEST:
c~c\~
READ AND APPROVED TO FORM ,
LANGUAGE, LEGALITY AND
EXECUTI T1EREOF .?
COMM ISSION VO TE:
Mayor Philips:
Commissioner Ha rr is :
Commissioner Liebman·
Comm i ss i o n er Gil:
Commissioner Corey:
Page 2 of 2
Yea
Yea
Yea
Yea
Yea
30
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 lnterlocal Agreement with the Miami-Dade
County Clerk of Courts. 3/5 (City Manager-Finance Dept.)
Suggested Action:
Attachments:
Memo_lnterlocal_Parking_Enforcement_2021_ (4).docx
Reso_lnterlocal_Agreement (1).doc
MDC Ord. No. 18-145.pdf
2021_Proposed_lnterlocal_Agreement.pdf
2006_1nterlocal_Agreement_Autocite_.pdf
1
31
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 lnterlocal
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 lnterlocal 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 2021 lnterlocal Agreement
-2006 lnterlocal Agreement (Autocite)
Page 1 of 1
32
omc:z.u.111.E con
CJ.DK o, 'DIE BOARD
Of' COll'N'l'Y COIOGSSIO."GmS
:l&LUB-1).4.J)B CO'Cl!ffY, 11.0JW)A
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. 7(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
caw1-
Abigail Price-Williams ,-\8\
County Attorney ' \)
I
5
33
Memorandum ..
Date: December 4 , 2018
To: Honorable Chairman Esteban L. Bovo, Jr.
and Members, Board of Co..,.,,,.,,,,_mmlsslon~rs
From: Carlos A. Gimenez
Mayor
Subject: Fiscal Impact Statement for Ordi 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 will 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 mllllon.
:a.f:;L
Deputy Mayor
FIS00719 SUB 182364
6
34
M d MIAM•• emoran um a&
Date: December 4, 2018
To: Honorable Chairman Esteban L. Bovo, Jr.
and Members, Board of Coun
From: Carlos A. Gimenez
Mayor
Subject: Social Equity Statement for Ordin Related to Parking Violations Fines and Costs
The proposed ordinance amends Sections 30-388.32 and 30-450 of the Code of Miami-Dade County
to increase the tines 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 fines and costs.
7
35
TO:
-~MORANDlJM -
Honorable Chainnan Esteban L:Bcivo, Jr. -__ --__ -
• and Members, Board of Co un ty Crimm iss io_ners, _
d
rtc)111 No; 7(A)
"3-D.ay Rule,, fo~ COllllllittces .applkable ifrais~-a ------' " ·,-. ,. ,. ,, . " -""'' ' -' ' --
, -----
6 W®ks .requil'ea betw-eenfirs t reading an d pnbliC<headng
4 we~ks n~tifi.cationtomuriicipa.Fofficialsteguired prior to public hen:ring --• --• ---
Dec:reases _r_eVe11ues ·-Otin-cr,ease.s expen~itures ,vithout balan.ciog budget
Budget required
Sfate~eut of~~tal. lmpaa ·requ i.re d
Statement.o[socialeqllify required
Qrdinat~-~eicreitfog~inew _bo~rd teq_uires idefailed County :Mayor's
t~p~'rt for:ptiblic :hearin.g ---,, • -
No .to:mmittee.l'e-view
Appl{cilllelegislation requires moretban a majority vote {i.e., 2/3's-~ -'
3/S's _. __ -__ ,unanimous __ -_--__ --}to appr?ve -
Ctirr~nf iRfornt~ti.on .. teg~rd1/Jgfurilling'soufce,.iirdex code_and available
balance~ and available capacity (ifdebtis contemplated)••required
36
Amended
Approved __________ ..::;;Ma=y=or Agenda Item No. 7(A)
Veto
Override
12-4-18
ORDINANCE NO. 18 -1 4 5
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 DA TE
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,
G
9
37
Amended
Agenda Item No. 7(A)
Page2
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
Sec. 30w388.21.
to 39 388.19.
([Peaalty fer vtolatioe of 8eetloes 38 388.9
Section 2.
All vielaaeas of Seetioas 30 388.9 te aed in.eladiag 30 388.10 [sieJ
shall he p11Rishehle ey a flee aet te aeeed mre mdred Btld fifty dellefs
($2S0.09) er impriseemeRt aet te e*eeed thirty (30) days m the Cetiftt-y
Jail, or ~elh, in die disereaoB ef lhe Co1mty Judge.]]
Section 30-388.32 of the Code of Miami-Dade County, Florida, is
hereby amended as follows:
Sec. 30-388.32. (IPeealty)J>>Fines and costs<< for violation of
article.
(a) Violations of this ar:ticle shall be punishable by the fine indicated below:
Schedule of Parking Fines and Costs
Section No. lnilial Fine Fine After 30 Cost After Offense Charged
Days 30Days
30-367 [[$33.09)] [[~]] [[$-14:00]] Parking without valid license
>>~47.00<< >>~57.00<< >>$16.00<< plate
30-[[$18.00]] [[~]] [[~]] Parking after violation shows on
378>>£Al<< >>i32,Q0<< >>S42.QQ<< >>il6.00<< meter
30-[[$18.QQ]] [[$3+:001] [[$-14.00]] Parking continuously in excess of
378>>00<< >>$32.00<< >>$42.00<< >>$16.00<< maximum time permitted on
meter
Words stricken through and/or [[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
38
Amended
Agenda Item No. 7(A)
Page3
30-[[$18.99]] [[$31 .00]] [[$14.00]] Parking for a period longer than
378>>(£}<< >>$32,00<< >>$42.00<< >>$16.00<< designated on meter giving notice
thereof
30-[[$18.991] [($3 J.90]] [($14.00]] Parking improperly by not
378>>@<< >>$25.00<< >>$38.00<< >>$16.00<< parking wholly within meter
parking space
30-379 [[Sl3J)9]] [[$28.00]] [[$14.00]] 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 [[$28.00]] ([$33.001] [[$14.00]] Prohibited at all times in certain
>>$42.00<< >>$52.00<< >>$16.00<< places
30-388.4 [($28.00]] [[$33.00]] [($14.091] Prohibited at all times 011 certain
>>$42.00<< >>$52.00<< >>$16.00<< streets
30-388.5 [[S28.Q9]] [[m-:GQ]] [l!il 4.80)1 Prohibited during certain hours
>>$42,00<< >>$52.00<< >>$16.00<< on certain streets
30-388.6 [[~]] [[$28.00]] [($14.08]] Parking longer than time
>>$42.00<< >>$52.00<< >>$16.00<< designated on signs on certain
streets
30-388.7 [[$23.09]) [[$28.00]] [[$14.00]] Parking in other than parallel
>>$42.00<< >>$52.00<< >>$16.00<< position on two-way roadway
30-388.7 [[$23.QO]] [($28.00]] (($14.00]] Parking vehicle more than 12
>>$42.00<< >>$52.00<< >>$16.00<< inches from curb or edge of
roadway
30-388.7 [[$23.09]] [[$28.00]J [[$) 4.00]] Parking vehicle in direction
>>$42.00<< >>$52.00<< >>$16.00<< opposite to authorized traffic
movement
30-388.8 [[$23.09]] ([~]] [($-14:00]] Moving other person's parked
>>$42.00<< >>$52.00<< >>$16.00<< vehicle without authority
30-388.9 [[S28.00]] [[$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 I[$28.00]] [($33.00]] [[$-1400]] Parking so as to obstruct traffic
>>120,00<< >>$150.00<< >>$16.00<< on street
30-388.11 ([$28.08]] [[$33.00]] [{$14.00]] Hazardous parking on street or
>>$120.00<< >>$150.00<< >>$16.00<< highway outside municipality
[[~ [[$33.00]] [[$~]] [[$14.00]] [[:WillfHUy ehstftlettng sf:feel hy
~]] impeding lfaffie ef eeElangeFt:Rg
fft8¥etneRt ef ·1ehieles er
pedeslfi&Rs]]
1
11
39
Amended
Agenda Item No. 7(A)
Page4
30-388.13 [($28.QO]] [[$33.09]] [($14.00]] Un]awful parking or obstructing
>>$120.00<< >>S 1 so.00<< >>$16.00<< traffic in alley
30-388.14 [($28.00]] [[S33J)Q]) [[$14.001] Parking more than half-hour
>>$42.00<< >>$52.00<< >>$16.00<< during night hours prohibited by
sign
30-388.16 [[$28.09]] [[$33.QO]) [[$14.QO]] Parking adjacent to school when
>>S42,00<< >>$52.00<< >>$16.00<< prohibited by sign
30-388.17 [[$28.09]] [[~]] [[~]] Parking on narrow street when
>>$42.00<< >>:1!52.00<< >>SJ6.00<< prohibited by sign
30-388.18 [[$28.001] [[~]) [[U+.00]] Parking on left hand side of one-
>>$42.00<< >>$52.00<< >>$16.00<< way street when prohibited by
sign
30-388.19 [($28.80]] [[~]] [[$14.091] 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 [[$28.09)] [[$33.00]] [[$¼4:00]) Parking near hazardous or
>>$120.00<< >>$150.00<< >>$16.00<< congested places
30-388.23 [[$23.00]] [[$28.001] [[$-1-4-:00]] Parking in passenger curb loading
>>$42.00<< >>$52,0Q<< >>$16.00<< zone
30-388.23 [[$23.09)) [[$28.90]] [[$14.09]] Using passenger curb loading
>>$42.00<< >>$52,00<< >>$16.00<< zone for more than 5 minutes to
load or unload passengers
30-388.24 [($23.00]] [[$28.001] [[U+.00]] Parking in freight curb loading
>>$75.00<< >>$1Q0,00<< >>$16.00<< zone
30-388.24 (($23.09]] [[$28.00]] [(~]] Using freight curb loading zone
>>$75.00<< >>~100.00<< >>$16.00<< for more than 30 minutes
30-388.25 [[$23.00]] [[$28.00]] [[$+-4:001] Parking in restricted parking zone
>>$32.QO<< >>i42.00<< >>$16.0Q<<
30-388.26 [[$23.00)] ([$28.QQ]] [[$¼4.00]] 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 [[$23.00]1 [[m:M]] [[$¼4:00]] Parking in bus stop or taxicab
>>$!2.00<< >>$52.00<< >>$Hi.DO<< stand
30·388.29 [($23.0Q]] [[$28.00)] [[$+4-:00]] Improper angle parking
>>$42.00<< >>$52.00<< >>SJ6.00<<
30-388.30 [[$23.00]] [[$28,0Q]] [[$¼4.00]) Loading or unloading at angle to
>>$42.00<< >>$52.QO<< >>~16.0Q<< curb without required pennit
12
40
30-388.31 [[$23.90]] [[$28.QQ]) [[$-14.00]]
>>$42.00<< >>$52.00<< >>$16.00<<
Amended
Agenda Item No. 7(A)
Page5
Parking truck of 1 ton or more in
residential area for more than l
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)( 12)<<, 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 [(tmrty deHeFS ($30.QQ)]] >>$42.00<<, plus the surcharge provided
in subsection (g) and, after thirty (30) days, the imposition of late penalties in the
amount of ([Pliteely tftfee dellaFS ($23.99)]] >>$10.00 plus costs in the amount of
$16.00. All fines and costs collected pursuant to this chtmter are<< to be
distributed in accordance with this chapter, unless otherwise provided by
[[8ffli.ftaftee,]] >>state<< statute>>, including for the provision of the Clerk of the
Court's services at the district/satellite courts<< [[. er edmiaistffti?Je erder ef the
Chief Judge]].
{d) In addition to the fines and costs referred to in subsection {a), upon a finding of
guilty after trial, the Court shall assess court costs against the guilty party.
[[(e) The Chief Judge may, hy e.Elmieistretive, erde,, desigRMe Elft8 speeiaJl.y set Bflide
fi•,e dellars ($S.Q~ fer eaeh a5sesS1Beet ef ease refeRed te in suhseetien (a) fer the
esteelishmeet ef a Paritieg S~em TfUst Fued and a Cewt P:aemty Trust °FUBd. Three
dellars ($3 .Q~ shall he JJlaeed in the Perking System TfUst Fee and the Femaiftieg
twe dell8fS ($2.90) shall l>e plaeed in the Ceurt Faeility Trust :Ftmd. The Chief Judge
aed the Clerk ef the CeUl't may e1:1ther-i2e e1tpeed:itffl'e te these fl:mds fer maimeBftftee
aad enlumeement ef lhe Parkieg Vielatiees Bureau &Rd eeurt facilities.
O~ The Clerk ef the Celtrts may designate Elftd specially set aside four dellars ($4 .00)
fer eaeh assessmeet ef eese refeRed te ie sueseetiee (a) fer the estaelishmeet ef the
Clerk's Sen•iee .en.~eemeet tttl5t F\:lftd w.hieh shall he used fur the ft'tainteeaRee aad
en..'wieemeet ef the fNn~iens ef the Clerk.
(g,]] >>(e} In addition to the fines and costs referred to in subsection (a), a<< ([A])
surcharge of four dollars ($4.00) is imposed on parking fines>>for the pw:pose of
funding school crossing guard programs. The<< [[w]] monies collected shall be
placed in the School Crossing Guard Trust Fund [[es autberiiled ey Seetiee
316.660(4)(e), Flerida Smtates]].
13
41
Amended
Agenda Item No. 7(A)
Page6
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 [[~e maimYm]] >>A<< fine
[[ fer a eee moving violatien pl:lfSOOllt te Chapter 318, FleFiea Statates)] >>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
42
Section 5.
1, 2019.
Section 6.
Amended
Agenda Item No. 7(A)
Page7
The provisions of section 2 of this ordinance shall not take effect until July
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-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section, 11 "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
/I
15
43
AGREEMiENT
•• THIS fN'tJiRLOCAL AGRftEMENf ('1A(lREEMENT'') is 11,ad·~ .and .entered .h~tc;> a:5 pfthls .L
day of ~~~•.·t/f2l , by :~.n~ betwee11 the Miamf-Dad~e Clerk of ~otir~s (''CLERK") and the City of
SoutJ1. M1am 1 ?·m.u,m c.1pal.corpornt 1on under the Stat~ of Flonda, ( 'CIT Y").
• • ·.--·-.--· . -·--' ,
WITNESSETH: •
WHEREAS the Miami-Dade County Clerk's Office is vested with the ·:iti.ter:governmenta l jurisdiction
to manage the Parking Violations Bureau, which oversees the collection and disbursement of parking
\VJ{gRBAS, the.Florida Jnterlocal Coope ra tion Act (Section 163.0l, Florida Statutes) authotizes
public agencies -to en te r into agree1n ent s with .oth er pL1blic agencies by which se rvices and equip111en t l.lire
shared and : flti4[)cia l support re lated .to such services aild equipment is all ocated betwee11 s1.rch pUblic
agencies .
WHEREAS in . order to capture 1·evenue lostdue to illeg.ib.il ity or issue error as well as to erihirnce .
prodlfotivt ty • ~6bfft:a, ... aria, ·~<? leri v¢hicfo e1ttor¢erherif aihd to ensure the ·· pub lie :.a u~Hbrm process for the
p~yment and ap~~.al :~f parking dtationsi the .CLERK. in\;oordinatioti ~lth an" Miami~Dade CO•Unty .cities,
has served as !3 catalyst in the procurernent ofa Digl taLParking Citation issuing System; and
WHEREAS, the CLERK has es tablis hed a Uniform Digital Parking ·Citation Issuing System
01ereinafter referred fo as the "SYSTEM") for use by the Office of the Clerk (Parking Viola ti ons Bureau);
and •
WHElt~As, the CITY pursuant to an Intel'local Agreernen.t iWthorized pursuant to the flol'ida
lnterl ocal Cooper~tkm ·Ac.t and entered into with theCLERJ( on November 9 2006 agreed to participate in
, ,-• ' --. ,,.. -·. -, -, ,' ,. ' , -.-: -· ,,. -· :· . --· • ,,. " -·,
the Y TEM· wh!~ii :wa~'successfttlly deployecfrindl1as been operation.a~ since s~ch date;. and
, ---. :. , _;, , .. , . ---· -· -
WHR~,4$,:J:lf~::e:iisting ···systEM operates 611 .tf 3GtechnologyJilatform t hat wrn .. no longer he
operat1_onafas)ofNovefober 30, '2021 , and, .as such, the · e>iisting ha11dheld devices used as parLof the
SYS'I]~MwiJJ~et~111eobso iefe:asofsuch date;and • • •
44
WHEREAS, the CLERK has entered into an agreement with Duncan Parking Technologies, Inc., to
procure new handheld devices that operate on a SG 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:
The CLERK agrees to:
ARTICLE ONE
Responsibilities of the CLERK
I. Maintain a Countywide Digital Parking Citation Issuing System, which will include all of the
equipment listed in ATTACHMENT 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
45
The CITY agrees to:
ARTICLE TWO
Responsibilities of THE CITY
I. 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 163.0l(S)(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
46
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 TT A CHM ENT 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 TT A CHM ENT
A to the CLERK within thirty (30) days of any such cancellation.
4
47
8. If the CITY cancels or terminates 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 ATTACHMENT 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 ( I/24th ) 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 33 I 43
Attn: Carlos Marenco
CLERK OF COURTS
PARKING VIOLATIONS BUREAU
22 N.W. 1st 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 performance 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
48
reniain :iri full force and effect until such tim e that the AGREEME 1T is terminated or modified by niutual
/ ,,.,, ✓--
_ ; X--AR1ieih!)Tf-EN ··0<( , ..
•••••• }c~w~§ig~:'._:>-::.:, L<' --,;; _··•
--;',' ·-;.;::.: :>\)?/1.;tf}:::_ -/:{})\:·;> .. :·~:·{~·.:_._:/(·,-: ;
:E~f !f i~~E 0f~i;;i4iit~!ltl~~i~Ycf:;"!~i::!J:d,"t0 ;::
ARTICLE -ELEVEN--
Complete Agr.e'em¢nt •-
:_::;> :-:::::.-_:·:·.-.:>_:.--_~-_:::;~:~::-:-:::::>:-:--_:>::::--.-:·---_-_ :"----,
NO «presentalions or warranties shall ~;;<iing_~~jlon :~ither party unless exprcs ied, jn i wdti ng
-.-_--_ •---_ IN WITNESS WHEREOF , the parti es h~vJcaiise'dthisagreetnent to be executed byth~ir ~ppropria te
officials. tobe effective on the date above fir st w;itt~. < --_ •---, . , ... , . . ·. -·--. ,. ... ,· , / / ·-·><-.>--
>:--:.'_:-'_: __ :·-~-_-:,~:---·---:.:--:::--.<-:>.:-_:·: .. ·:::: ::-;·/:----:.:·_; _-------:~
ATIE T: /C ITYQFSOlJTit ••
-----:>;,/?· "\f:\-:>.)··--,
B -:: •_ ~ -; -:,,:_-:-~.:_
_ ager /
--~~RK.QFCOURTS,
MI > .i)~t/COUNTY, FLORIDA
49
Charger Multi pfoxer
, Personal Computet
Total EquipmentCost
MS Windows
Autolssue
ATTACHMENT A
(Year 2021 Agreement)
Hardware I Software Inventory
The CITY o.f SOUTH MIAMI
Parkin Eufore-ement Mana0 ement S .stem
7
2
$20 ,632.29
50
AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this __ day of
NOV O 9 , 2()(i , 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 revenue lost due to illegibility or issue error, as well as to
enhance productivity, scofflaw and stolen vehicle enforcement, the Clerk's Office, in
coordination with all Miami-Dade County cities, has served as a catalyst in the procurement of a
Computerized Parking Ticket Issuing System; and
WHEREAS, the 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
51
The CLERK agrees to:
ARTICLE ONE
Responsibilities of the CLERK
I. Implement and maintain a countywide Computerized Parking Ticket Issuing System,
which will include all of the equipment listed in ATTACHMENT A and any upgrade to those
items listed.
2. Insure that once the SYSTEM has been tested and is fully operational, the CLERK will
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.
The CITY agrees to:
ARTICLE TWO
Responsibilities of the CITY
1. Accept from the CLERK and utilize the equipment detailed in ATTACHMENT A and
any upgrade thereto, which equipment and system will enable the CITY to issue parking tickets,
and transmit and receive parking ticket related information.
2
24
52
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
A TI ACHMENT 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 TI ACHMENT A and any upgrade thereto.
3
25
53
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. 1st Street, 4th Floor
Miami, Florida 33128
Att: Deborah G. Hess
Bureau Manager
4
26
54
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
perfonnance 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 (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 r:iot be unreasonably withheld.
ARTICLE TEN
Complete Agreement
No representations or warranties shall be binding upon either party unless expressed in
writing herein.
5
27
55
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.
ATTEST: CITY OF SOUTH MIAMJ
ATTEST: NOV O 9 2006 CLERK OF COURTS
RJDA
6
28
56
. .
Awi~li#iitt;tA
{Year 2006 Agreem.e.nt)
Hardware/ Software Inventory
City of South Miami
AutoCite X3 SerlesE:andheid Computer
. ChargeiMultiplexer
Personal Cmnputer
Windows NT, 200OPE .or XPPro Oper .. Sys
PCAnywhere
AutoCites PC System
3
1
l
l
1
29
57
EN~EMENT TECHNOLOGY, ~ '. O. .. 4129Aveniaa De La Pla ts
OceansijtiJ/dA 92oss . ·•·•<•··.·•···· ... · ./ .. ·.·.•.
('160) 9'4~§J893 •·Fax (760) 945:satp
. .
·• Enforcemem TechJiolllgJI, Inc. (ETEC) ofi'eis 1{
• wa:rran:fy • period; with every AutoCITE hand .. Mli:l •
purchased. This . agreement is offered as an ad .
· free; efficient, cost-effective mainten ance for the•
.. features: . •
---------?<.?t/>~?rt??\:_::~_x:f----
, . . ,
t. GUARANTJl:E D REPLACEMENT
9't~te¢. ·rept~~etneilt c9rrip~tij~••.for ~tl . nt~iif
·<three woij(ing d1JY&faI".~roYl~e.dJ1.tno 0!.)$1 ;
Tecn.tttiiogjf;lnc..:9ttilrit1:;fli't'{~~fa,~<(<·.····
. re;iair/il is.the re$J)cin.s~~µit,r ~fJl1e :cq;torp~. ·~.Jf
service . centei •. ti'.!. g~y~rb,t_1~9ltSu.1rat191f onffii 'Pi.i)ti
•• • tor·rtipiili'; a~ M~tercI~ ..\11.\lt9ri?Jltio11:~}
Engineering Se~iee P~llt~r ; Jl'ai!~r,i to obra/ij ..•
·•fepaiiedimif •. '11#ritb,.\lllltsh()itli:I bfsl;iip~ijfrolii
~ < ';".",:_.-::;._',/ r;··· ... ~,~;: .-•;;:_::;;:
That unit should be sent SECO ND DAY AIR:; •
• carton~ Upon request, a loaner unit will be sent by •
l1Ull! also be made via SECOND DAY AIR M .• •
re(ponsi ble for all ship ments , including those costs
--. ----,· __ •• -._. _.,....·
. ; ~· Mairitenance . Agreem ent, beyond the 0ne-yea1
•• mputer; Auto ISSUE and/or AutoPROCESS System
·serviteto out customers to provide the most trouble•
• • • '.Systems , This agreement provides the foll owing
. -... n1ariti.fa~fured b:y l3~t::, q~ll~\fe~~~St)'litru,n
····y,.¥ipair <~otI<:1s .· be~g. ,c~rifpleted~t~l~fc~
-·s.~pajr, .. \\lh.enevera liiui~t~il~ n~~~f'f~quiJes
tbings:•-{) j~n:mu~t •·:plac¢a .• flillJ;l)Jli~,eiig{n~g
~)lf<it.js,.«foiinea~ec:etsaeyto s,t).dJii'tlaj~'-°ET_P:C
tiel·l!iUSt .oe :lssued 'by the .6'riJ'oice11t~11t't~l1 niiloi:)i
. . • •::i1iinbirr 'will hinder •th~ turnarourid if m~ of the i .custonie(to: . ·• • • -•
-·-, -
• ~ing the RMA number on the outside of the shipping sm:ne m~tltod to the customer. Return of the loaner. unit
asyoui unit is repaired and returned. The customer is
''theitfaeilityto_the Engineering Service Center.
l. l>JUORJT'f BAS:IS llEPMllS / L
h;sllr~ ~~ ptt~dty ~!lSJS for lllY}ev'91" ,~~kre~\ili~d. }nf q;c~~ ·rech.11<1Jo.gy wm1.paft(ot n}pla~ it.at our
di.sc:rcnon)· any un 1l and rem.-n 1t .within twQ weeks ; in the tunnt was rec.eive d,
j
.Aftet: the . customer purchases the syste~ . inolud.ing purchases . of other systems for later expansion,
• sulisequent s·oftware enhancements installed at Ei;J'ti-Jct1i,mi.-'tecltnol0Jj:y'S di scretion to repair a problem -0r
c6rrect system operation, will be prov ided at • • • • • cost, as Iotig as the warranty period or annual
Jrial.nten~ce . peri~d has . not ex pired. E,ifor.ce. . . . . ift,fo_l,ogy do~ not normally institµte changes in
:¢1:xi~tili; v~ioxis of Aufoc:=ltE, .~uiolSSl'.1,E, ·~d:~t)?l>i.lO,~SS' ~ coi:rettpr~blems unless _it)~ the ~ost
e~pe~~Jl:tsplution to a pi:obk'In, .)'{atb~ •. w_e ~11~ ·r:i,ry~1¥ t~e 1.~es~· r~l.e~ed vers10~ or software compatl~te
mtbtbe~mer',s networ}c.enVJtO~ to remedy any problem . It u:,E,'tEC's sole disoretton
as)6 which versio · . or .s6fwiare wilF 'i'nstalle~'as long as all rui:ictionality oftbe eu&trimei.-s
purt:luised ritcidules is maintained. • • • •
30
58
ENl"OAC•Ml!!NT T&'CHNOLOOV. f
4129Avenlda De La Plata
Oceanside, CA 9205B
(760) 945-9B93 • Fax (760) 945•5815
AutoCITE, AutoISSUE and AutoPROCESS ANNUAL MAINTENANCE AGREEMENT
1.tv. E
EXEC is not and canuot be re1ponsible ror the lia•tallatlon, maintenance or any type of 111pport for tlie
MS WINDOWS Operatina; Sy1tems, ORACLE ~ata B•H Server software or a ny other third patty
software or hardware. •
NORMAL USAGE
The customer agrees not to alter the System
normal working conditioll!I. If any hardware
cus tomer by other than normal usage, the
unit damaged . If any
replacement cost shall be the original purchase
= $3,200).
1bi1 maintenance agreement is the yearly
continuation of the original one•year warran
extended each year, or renewed, for
agn,ement each year. Toe attached
coming 12-montb period. To av oid repair cost
include your check for the indicated amount
returning a copy with your check.
I>a:ge3
agrees to opemtc them under
while in the possession of the
major damage) per
ed beyond repair, the total
:xample: AutoCITE Modol Series 3
ance contract which is being offered to you as a:
part of the purchase price. It can be
the execution of a new maintenance
a.ad the cost of thi! agreement for the
system under maintenance protection, please
execute this maintenance agreement by signing and
I Inc,:
Title: Engineering Director
31
59
,· .. ,-· . ,
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· .·• .. itgBi~ye;nida D.e .l,:a.J?lata· •
•aceansfde; C.4. 92058 • > .
(75 0) ~45;9.893 .;Fax(7S0) 945•5815
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, :~i~it~~~~tf 4~t ?$if $f ;t*J!~Jr;
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• ,.The,:fumwaieand software contained within the
•.• foFa,ny);iason.: The software provided for
• •. AutoPlU)CESS . host systems} may be copje
•. processing units(CPU) con1.-urrently, than then
• •• •• ETEC.<Theselicenses are for th e so le use ofth
• • .··• ~rdepaftinent'Witnout~rior written approval by •
• • •. • Utilic~rtsed wiet. undepmy circumstances.
;~->:-,,:·· ___ ._,
.· In tne "ey~t:ofloss, misplacement or .d21Uage ,of .tir .•.
: : additionatcopy ,iipon:riquest. at un appropri*c¢sffot
, ' ' ''' '' '' ' ' '' ' ... , /
·compufer ~ not tqbe copied or reprodui:edin any fori:n
u<yollt ~PC and/or Server systems (AutoJSSUE and
• puiposes only and may not be used oii .nfore . central
urchasedHcenses, without prior written approval from .
gagency.and cannot be us ed by or for anyother agency • fihnwaie. or software can not be provide.dfo any other
frr~ simriif{ o~ atf hive copies, ;E:TEC ,w,ill p;ovid e an
· tirifo:and :riliiterials to produce iirid deliyer such copy . ,. ·".> .• ... , .... ,· .. .--.; ;,c•<-;·•,,•·,·,,· .. ,.-::::•;·""' ...... _. .. ,.,:,.,"',',•., ....... >.· ..... ., ... ,. :-.>-:-::. .,.. ,
:.:~Any::·mi~µ;:e;. t~~Pei-m.i,::i .~ #ptr(Uie .A"Jf: [J.TE ,:,biii dheld • C()tl'l~*~r,,ijr>§o~ying /tne ' A~toCITE.
. . AutolSS ~E /or. ~~t~P~'-l .. , ··• . ti1-Y~,)>r safu,vare.~': • r}ny o~er iepro,~~fii~~, p~;>~fiP:~~tJu~oriud · b)'
• .'E1'ec; wfii ·~JolateU1#d,yd!i:lithltagt¢'¢11rent.'
--• •• "" ,' ', ",.;.:::,;'>·;'' .,. "'• '"~;<<
•·· Jtricts.:hoi ·•·~n'd &iri~l)f~~;l~~~ .. if )/"
• :wnqi0"1S /Opet11~llg ·~,~~i µis, 9~ hardware., • • ., •. •.
;.:_/::// ... ~-,,.-; ' •• ,
.:.:o~,:.·ifftti!i(i~~~~~{6f;~~~:~g~let'~~p~r-ff.6i .~h~ .MS
·.·· ··•.•'. ~r joftwar e ~r:,PYi?the~rt iji~,p~i1:y;jortwqre or
. •• .. : . . .. ·.. . ... . > {
ETEC shall not in any case be liable for special, incide'n: •• • cci~~q~ntial, indirect or direct costs, including but not
..• limited lo, those incurred as a result of loss of profits . ssof use of any computer program , loss of data,
costs for .recreating data, and the costs of any substitu~ ~ for other similar costs. • •
,·. __ ._·_.:·-_-·J·'·, , ,
tive; •• .•Inc.:
Genaro “Chip” Iglesias City Manager60
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Rev: 20240306
Author: Santiago Alfonso
Miami-Dade County
Parking Citations Requirements Document
61
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Contents
General Requirements ..................................................................................................................................3
Citation Number Algorithm ..........................................................................................................................4
Transmission .................................................................................................................................................5
Code Values...................................................................................................................................................6
Vehicle Color .............................................................................................................................................6
Vehicle Make.............................................................................................................................................7
Vehicle Style ............................................................................................................................................10
File Format Requirements ..........................................................................................................................11
Schema ....................................................................................................................................................11
Schema Notes .........................................................................................................................................14
Error Codes .............................................................................................................................................15
Violator Report Copy...................................................................................................................................16
QR Code ..................................................................................................................................................16
Violator Printout .....................................................................................................................................16
62
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General Requirements
The Clerk of Courts and Controller Parking Violations Bureau will be accepting citations electronically
from various municipalities with their selected vendor of choice.
Here are the general requirements that each vendor must provide:
A daily file with citation data to be delivered via sFTP.
Images taken by officers via sFTP.
An image of the citation provided to the customer via sFTP.
An index file for the images identifying the citation they belong to.
Citation data will include GPS Coordinates.
Vendor must be able to pickup a file for any rejected citations to process.
Ability to load citation range and produce check digit as explained on page 4.
Ability to maintain its own citation range and format (for future system change).
63
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Citation Number Algorithm
Obtaining Parking Citation Numbers
1.Citation numbers are 7 digits long and issued by the clerk’s office to agencies. The check digit is
then created on the fly using the modules 11 self check digit.
2.Numbers can be obtained from the clerk’s office by emailing: Santiago.Alfonso@miamidade.gov
3.In the future your enforcement system will be required to maintain its own inventory of citation
numbers.
Calculating Check Digits
1.Instructions using a sample calculation
ORIGINAL
NUMBER
0 0 0 0 3 2 5
MULTIPLY
BY
WEIGHT
X2 X7 X6 X5 X4 X3 X2
0 0 0 0 12 6 10
2.ADD PRODUCTS: 0 + 0 + 0 + 0 + 12 + 6 + 10 = 28
3.DIVIDE RESULTS BY 11: 11/28 = 2 w/ a remainder of 6
4.HANDLE REMAINDER: At this point if your remainder = ‘0’ or ‘1’, your check digit is
automatically ‘0’. Stop the formula. However, if your remainder <> ‘0’ or ‘1’ then proceed:
5.SUBTRACT REMAINDER FROM 11 TO GET YOUR CHECK DIGIT: 11-6=5
THE FULL CITATION NUMBER IS 00003255
*NOTE: If the remainder is 10, 11-10=1 and the check digit is 1. Do not go backwards from
step 5 to 4!
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Transmission
1.File name: hhret_ccyymmdd.txt
2.SFTP information is as follows:
Host name sftp2.miamidade.gov
ID {User ID will be provided}
Password {Password will be provided}
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Code Values
Vehicle Color
VEHICLE COLOR
==============================
COLOR DESCRIPTION
AME AMETHYST (PURPLE)
BGE BEIGE
BLK BLACK
BLU BLUE
BRO BROWN
BRZ BRONZE
CAM CAMOUFLAGE
COM CHROME/STAINLESS STEEL
CPR COPPER
CRM CREAM/IVORY
DBL BLUE, DARK
DGR GREEN, DARK
GLD GOLD
GRN GREEN
GRY GRAY
LAV LAVANDER (PURPLE)
LBL BLUE, LIGHT
LGR GREEN, LIGHT
MAR MAROON/BURGUNDY
MVE MAUVE
ONG ORANGE
PLE PURPLE
PNK PINK
RED RED
SIL SILVER/ALUMINUM
TAN TAN
TEA TEAL (GREEN)
TPE TAUPE (BROWN)
TRQ TURQUOISE (BLUE)
UNK UNKNOWN
WHI WHITE
YEL YELLOW LBL
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Vehicle Make
VEHICLE MAKE
=============================
MAKE DESCRIPTION
ABAR ABARTH
ACUR ACURA
ALFA ALFA ROMEO
AMER AMERICAN MOTORS
AMGN AM GENERAL (HUMMER)
ASTO ASTON-MARTIN
AUDI AUDI
AVTI AVANTI
BENT BENTLEY
BMW BMW
BUGA BUGATTI
BUIC BUICK
CADI CADILLAC
CAGI CAGIVA
CHEV CHEVROLET
CHRY CHRYSLER
CITR CITROEN
CTRM CATERHAM
DACI DACIA
DAEW DAEWOOD
DAIH DAIHATSU
DATS DATSUN
DODG DODGE
DUCA DUCATI
EGIL EAGLE
EZGO EZGO
FERR FERRARI
FIAT FIAT
FISK FISKER
FORD FORD
FRHT FREIGHTLINER CORP.
GEO GEO
GMC GENERAL MOTORS
GRUM GRUMMAN MOTOR HOME
HAYA HAYABUSA
HD HARLEY DAVIDSON
HINO HINO
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HOND HONDA
HUMB HUMMER
HYUN HYUNDAI
IMPE IMPERIAL
INFI INFINITI
INTL INTERNATIONAL HARVESTER
ISU ISUZU
JAGU JAGUAR
JEEP JEEP
KAWK KAWASAKI
KIA KIA
KW KENWORTH MOTOR TRUCK
LAMO LAMBORGHINI
LASE LASER
LEXS LEXUS
LINC LINCOLN
LNDR LAND ROVER
LOTU LOTUS
LUCI LUCID
MACK MACK TRUCK
MASE MASERATI
MAYB MAYBACH
MAZD MAZDA
MCLA MCLAREN
MERC MERCURY
MERZ MERCEDES
MG MG
MINI MINI COOPER
MITS MITSUBISHI
MORG MORGAN
NISS NISSAN
OLDS OLDSMOBILE
OPEL OPEL
PAGA PAGANI
PEUG PEUGEOT
PLYM PLYMOUTH
POLA POLARIS
PONI PONTIAC (CANADIAN)
PONT PONTIAC
PORS PORSCHE
PTRB PETERBILT TRUCK
RENA RENAULT
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ROL ROLLS ROYCE
RROV ROVER
SAA SAAB
SCIO SCION
SMRT SMART CAR
STLG STERLING
STRN SATURN
SUBA SUBARU
SUNB SUNBEAM
SUZI SUZUKI
TESL TESLA
TOYT TOYOTA
TRIU TRIUMPH
UD UD DIESSEL TRUCK
UNKN UNKNOWN
VOLK VOLKSWAGEN
VOLV VOLVO
WHGM WHITE GMC
WHIT WHITE MOTOR CORP.
WINN WINNEBAGO INDUSTRIES
YAMA YAMAHA
ZCZY ZCZY
GENS GENESIS
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Vehicle Style
VEHICLE STYLE
===================================
STYLE DESCRIPTION
AM AMBULANCE
BT BOAT TRAILER
BU BUS
CR CRANE
CT CAMPING/TRAVEL TRAILER
CV CONVERTIBLE
DP DUMP TRUCK
FB FLATBED/PLATFORM TRAILER
GA WAGON TYPE TRAILER
GC GOLF CART
HB HATCHBACK
HE HORSE TRAILER
LM LIMOUSINE
LW LUNCH WAGON
MB MOTORBIKE
MC MOTORCYCLE
MD MOPED
MH MOTORIZED HOME
MV MINIVAN
PK PICKUP
PM PICKUP WITH CAMPER
SD SEDAN
SE SEMI-TRAILER
SU SPORTS UTILITY
SW STATION WAGON
TC TRACTOR, TRACK TYPE
TF TRACTOR, WHEEL TYPE
TK TRUCK
TT TOW TRUCK/WRECKER
UT UTILITY TRAILER
VC VAN CAMPER
VN VAN TRAILER
2D 2 DOOR AUTOMOBILE
2H 2 DOOR HATCHBACK
2T 2 DOOR HARDTOP
3D 3 DOOR VEHICLE
4D 4 DOOR AUTOMOBILE
4H 4 DOOR HATCHBACK
4T 4 DOOR HARDTOP
5D 5 DOOR
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File Format Requirements
Schema
Record format . . . : FB
Record length . . . : 344
01 TRANS-HH-CITATION-REC.
05 FILLER PIC X(135).
05 TRANS-CITATION PIC 9(008).
05 FILLER PIC X(201).
*--------------------------------------------------------*
*-PVSR400: COPYBOOK FOR CITATIONS ISSUED BY HAND-HELDS -*
*--------------------------------------------------------*
*-09/29/98: ADDED HH-EDIT-FLAG PIC X(1) B.BRONSON -*
*-06/11/03: INCREASE HH-DECAL-NBR FROM X(8) TO X(10) -*
*- INCREASE HH-OFFICER-MUN FROM X(2) TO X(3) -*
*-01/11/10: INCREASE HH-OFFICER-NBR FROM 9(4) TO 9(5) -*
*- DECREASE FILLER FROM X(6) TO X(5) -*
*--------------------------------------------------------*
01 HH-CITATION-REC.
05 HH-DATE-ISSUED PIC 9(08).
05 HH-TIME-ISSUED PIC X(04).
05 HH-METER-NBR PIC X(08).
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05 HH-TAG-NUMBER PIC X(10).
05 HH-TAG-STATE PIC X(02).
05 HH-DECAL-EXP PIC 9(04).
05 HH-DECAL-NBR PIC X(10).
05 HH-VIN-NBR PIC X(20).
05 HH-VEH-STYLE PIC X(02).
05 HH-VEH-MAKE PIC X(04).
05 HH-VEH-COLOR-1 PIC X(03).
05 HH-VEH-COLOR-2 PIC X(03).
05 HH-VIO-LOCATION PIC X(35).
05 HH-VIO-CODE PIC 9(02).
05 HH-VIO-STATUTE PIC X(15).
05 HH-OFFICER-ID.
10 HH-OFFICER-MUN PIC X(03).
10 HH-OFFICER-MUN-9 REDEFINES
HH-OFFICER-MUN PIC 9(03).
10 HH-OFFICER-AGENCY PIC X(01).
10 HH-OFFICER-NBR PIC 9(05).
05 HH-CITATION-NBR.
10 HH-FIRST-SEVEN PIC 9(07).
10 HH-CHK-DIGIT PIC 9(01).
05 HH-PRIVATE-COMMENTS PIC X(80).
05 HH-PUBLIC-COMMENTS PIC X(80).
05 HH-DEVICE-ID PIC X(10).
05 HH-VOID-OR-CANCEL-FLAG PIC X(01).
05 HH-AMOUNT-DUE.
10 HH-AMOUNT-DUE-DOLLARS PIC 9(3).
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10 HH-AMOUNT-DUE-PERIOD PIC X.
10 HH-AMOUNT-DUE-CENTS PIC 9(2).
05 HH-DUE-DATE PIC 9(8).
05 HH-PAST-DUE-AMOUNT.
10 HH-PAST-DUE-DOLLARS PIC 9(3).
10 HH-PAST-DUE-PERIOD PIC X.
10 HH-PAST-DUE-CENTS PIC 9(2).
05 HH-EDIT-FLAG PIC X(01).
05 FILLER PIC X(05).
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Schema Notes
74
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Error Codes
A-INVALID ISSUE DATE
B-INVALID DUE DATE
C-INVALID ISSUE TIME
D-INVALID STATE
E-INVALID VEH STYLE
F-INVALID VEH MAKE
G-INVALID VEH COLOR
H-INVALID VIO CODE
I-INVALID VOID/EDIT FLAG
J-INVALID INITIAL FEE
K-INVALID LATE FEE
L-INVALID CITATION NBR
M-CITATION NOT IN INVENTORY
N-INVALID OFFICER OR MUN
O-CITATION ALREADY REPORTED
P-DUPLICATE CITATION
Q-PREVIOUSLY CLOSED
R-INVALID DECAL EXPIRATION
T-OTHER
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Violator Report Copy
QR Code
Violator Printout
This is what the PDF looks like that is printed for the violator:
76
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Rev: 20240306
Author: Santiago Alfonso
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
SUMMONS
TO THE OWNER OR OPERATOR OF VEHICLE SHOWN ON
REVERSE SIDE HEREOF:
You are hereby summoned to answer this complaint within 30 days of the date
of the complaint,by either of the following methods:
1. CHARGES MAY BE PAID IN PERSON between 9:00 A.M. and 4:00 P.M.
Monday through Friday, except holidays at the following Clerk’s offices:
Or you can pay with MASTERCARD, AMERICAN EXPRESS or VISA by
calling (305) 275-1133 or via INTERNET at www.miamidadeclerk.gov
Scan QR Code for easy access to Parking
Violations payments and information.
CLERK’S OFFICES
PARKING VIOLATIONS BUREAU 22 NW 1 ST
NORTH DADE JUSTICE CENTER 15555 BISCAYNE BLVD
CALEB CENTER 5400 NW 22 AVE
MIAMI BEACH 1130 WASHINGTON AVE
CORAL GABLES 3100 PONCE DE LEON BLVD
SOUTH DADE JUSTICE CENTER 10710 SW 211 ST
HIALEAH 11 E 6 ST
RICHARD E. GERSTEIN JUSTICE BLDG 1351 NW 12 ST RM 124
2.TO MAIL THE FINE you may pay by check or money order, in U.S. funds.
Make your check or money order payable to CLERK OF THE COURTS. Send
your payment and citation to the Parking Violations Bureau, 22 NW 1 Street, 4th
Floor, Miami FL. 33128. DO NOT MAIL CASH. PAYMENT MUST BE
RECEIVED BY THIS OFFICE WITHIN 30 DAYS OF THE COMPLAINT DATE
TO AVOID ADDITIONAL PENALTIES.
3.TO APPEAR IN COURT on this charge, the registered owner of the vehicle,
or the person named in the affidavit by the owner as having care, custody or
control of the vehicle at the time of the violation, may request a court hearing
WITHIN 30 DAYS OF THE CITATION DATE ISSUED.You must submit your
court request with a copy of your Driver’s License to any of the Clerk’s offices
listed above, via email to PARKINGCOC@MIAMIDADE.GOV or via U.S. Mail to
Parking Violations Bureau 22 N.W. 1st Street, 4th Floor, Miami FL. 33128 Should
you request a hearing and it is determined that the parking violation has been
committed, the Court may assess additional fines, not to exceed $100.00 plus
court costs.
4.FAILURE TO COMPLY will result in additional penalties, denial of your
vehicle registration, impoundment or immobilization of your vehicle, and referral
to a collection agency, plus an additional fee for collection costs as authorized
by Florida Statute.
DO NOT MAIL CASH or CREDIT CARD INFORMATION
DATE:____________________ AMOUNT ENCLOSED $ __________________
CLK/CT 780A Rev.
03/24
77
Quote ID:PL000042325 Date Prepared:5/15/2024
Representative Marc Lucey Expire Date:9/12/2024
Prepared for:South Miami, Florida Ship-to Region:FL
Description Comments Qty Unit Cost Extended Cost
Section One: Enforcement Hardware
SAMSUNG - GALAXYSFE Samsung Galaxy S23, 256GB with fast charge cable 7 Provided by client
SAMSUNG-BATT Samsung Galaxy Ultra extended battery case 7 Provided by client
SAMSUNG-SCREEN Samsung Galaxy Screen Protector 7 Provided by client
SAMSUNG-EXTEND 3- year Samsung extended service agreement 7 Provided by client
KIT, XF-S23U-PRINTER1 XF Printer, does not include phone 7 Provided by client
KIT, XF-DOCK-SINGLE XF Printer Docking Station 7 Provided by client
SUBASSY, BATT, W/ PULL
TAB N5 XF Printer Extended Battery 7 Provided by client
CASE, CARRYING P19 XF Printer Carrying Case 7 Provided by client
EXTENDED CARE PLAN - 3
YEARS XF Printer, Extended Warranty, 3 Year 7 Provided by client
WIRELESS Wireless communication services - ATT (data plan only) 7 Provided by client
Subtotal -$
Description Comments Qty Unit Cost Extended Cost
Section Two: Monthly Enforcement Software Subscription
Subtotal 45,000.00$
Annual Total (estimated):45,000.00$
Ticket stock, ticket envelopes, and other onsite consumables are to be purchased by the customer. Quotes for these materials can be furnished by Park Loyalty upon
request.
All post-implementation changes or enhancements requested by the agency will be performed by Park Loyalty on a time and materials basis. The billing rates to be used will
be the rates in place when the work is completed. All requests for systems changes and/or enhancements will be submitted in writing by the agency, from which Park Loyalty
will furnish an estimate.
Please Submit Purchase Order To:
Please sign - scan - and email back to marc.lucey@parkloyalty.com
South Miami Parking Enforcement Quote
1. Park Loyalty Transaction Fee
3. Additional Requirements
1. Upfront Hardware and Installation
36,000
(annual ticket
issuance estimate)
$1.25
(Per ticket issued
transaction fee)
$45,000.00
(Annual fee estimate)
White labeled enforcement subscription services, Including:
-Includes Software Maintenance,
-Hosting and Disaster Recovery Services
-Real-time Interface Integration
-Remote Management Subscription.
Wireless communication services, including:
-Wireless Communication Framework
-Wireless Ticket Upload
-Wireless Pay-by-Cell Integration
-Wireless Time Limit Marking
-Digital Images
-Enhanced LPR Plate Scan and Integration
-Daily scofflaw list upload to handheld units and LPR vehicles
Software System - Enforcement and administrative user licenses
Project Management & Configuration (Implementation Methodology and Approach)
Training and Installation (remote application and back-office training).
Do not Disclose to Unauthorized Parties Page 1
Date/Time Printed: 5/15/2024 3:32 PM 78
Quote ID:PL000042325 Date Prepared:5/15/2024
Representative Marc Lucey Expire Date:9/12/2024
Prepared for:South Miami, Florida Ship-to Region:FL
Description Comments Qty Unit Cost Extended Cost
South Miami Parking Enforcement Quote
Authorized Signature Date
Print or Type Title
Phone Number
Bill To Address:Ship To Address:
Email Address
I hereby certify that the products and services referenced above have been requested and that by signing below I am confirming the order and agree to the terms and
conditions presented in this quotation
Print or Type Name
Do not Disclose to Unauthorized Parties Page 2
Date/Time Printed: 5/15/2024 3:32 PM 79
Quote ID:PL000042327 Date Prepared:5/18/2024
Representative Marc Lucey Expire Date:9/15/2024
Prepared for:South Miami, Florida Ship-to Region:FL
Description Comments Qty Unit Cost Extended Cost
Section One: Permit Pro
PERMIT PRO
Permit Pro, digital permitting module configured to South Miami
business rules.
-Residential, Visitor, Monthly permits
-Rolling permit renewal configuration
-Hosted public-facing permit account website, for self-service permit
application and account management
-Application administrative review workflow
1 Included -$
ENFORCE INTEGRATE Real-time integration with Park Loyalty Enforce Pro, violation
enforcment platform 1 Included -$
HOSTING Permit Pro platform hosting and maintenance 1 Included -$
SOFTWARE - BACKOFFICE Software System - Permit Pro administrative user licenses 1 Included -$
PM-IMP Project Management & Configuration (Implementation Methodology and
Approach)1 Included -$
TRAINING Training and Installation (remote application and back-office training). 1 Included -$
Subtotal -$
Description Comments Qty (Est.) Unit Cost Extended Cost
Section Two: Transaction Fees
4,663 $ 3.50 $ 16,320.50
Total 16,320.50$
Annual Total (estimated):16,320.50$
Authorized Signature Date
Print or Type Title
South Miami Parking Digital Permitting Quote
1. Permit Payment Transaction Fees
3. Additional Requirements
1. Process Pro Permit Module
Credit Card Payment Processing - Park Loyalty Merchant of Record
(per permit purchased - charged to motorist)
Any necessary permit stock and other onsite consumables are to be purchased by the customer. Quotes for these materials can be furnished by Park Loyalty upon request.
All post-implementation changes or enhancements requested by the agency will be performed by Park Loyalty on a time and materials basis. The billing rates to be used will
be the rates in place when the work is completed. All requests for systems changes and/or enhancements will be submitted in writing by the agency, from which Park Loyalty
will furnish an estimate.
I hereby certify that the products and services referenced above have been requested and that by signing below I am confirming the order and agree to the terms and
conditions presented in this quotation
Please Submit Purchase Order To:
Please sign - scan - and email back to marc.lucey@parkloyalty.com
Print or Type Name
Do not Disclose to Unauthorized Parties Page 1
Date/Time Printed: 5/18/2024 8:35 AM 80
Quote ID:PL000042327 Date Prepared:5/18/2024
Representative Marc Lucey Expire Date:9/15/2024
Prepared for:South Miami, Florida Ship-to Region:FL
Description Comments Qty Unit Cost Extended Cost
South Miami Parking Digital Permitting Quote
Phone Number
Bill To Address:Ship To Address:
Email Address
Do not Disclose to Unauthorized Parties Page 2
Date/Time Printed: 5/18/2024 8:35 AM 81
Document Number
FEI/EIN Number
Date Filed
State
Status
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Foreign Profit Corporation
PARK LOYALTY INC.
Filing Information
F24000002617
NONE
05/16/2024
DE
ACTIVE
Principal Address
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Mailing Address
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Registered Agent Name & Address
REGISTERED AGENTS INC
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Officer/Director Detail
Name & Address
Title D, P, S, T
SOMANCHI, SIRIAM
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Title D, O
LUCEY, MARC
7901 4TH ST N STE 300
ST. PETERSBURG, FL 33702
Annual Reports
No Annual Reports Filed
D C Florida Department of State
5/22/24, 3:46 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PARKLO…1/282
Document Images
05/16/2024 -- Foreign Profit View image in PDF format
Florida Department of State, Division of Corporations
5/22/24, 3:46 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PARKLO…2/283
84
5/1612024 10:36:51 PDT
5/16/24. 1:33 PM
To: 18506176383 Paco: 114
Division of Corporations
,.. ....
Note: Pl
(shown below) on the top and bottom of all pages of the document.
(((H24000176774 3)))
I lllllll llll 1111111111111111111111111111111111111111111111111111111 llllll lllll 11111111111111111
H240001767743ABC:5
Note: DO NUT hit the KEFKESH/R.ELOAD button on your browser from this page.
To:
From:
Doing so will generate another cover sheet.
Division of Corporations
Fax Number : (850)617-6383
Account Name
Account Number
Phone
Fax Number
REGISTERED AGENTS INC.
!20090000081
(307)200-2803
(813)436-5206
.. Enoer the email address for this business entity to be used for future ~ '.~~~nual report mailings. Enter only one email address please.••
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.,-,,i~Einail Address: .. ;,,_. --------------------
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FOREIGN PROFIT/NONPROFIT CORPORATION
Park Loyalty Inc.
jccrtificate of Srntus ii 0 I
--·· ------·-----lCcrtified Copy ------------·--♦
ll.. ______ -0 ---·--· _]
IT>age Cou~t II 04 l ..
!Estimated Cha.ige II $70.00 I
Electronic Filing Menu Corporate riling Menu Help
http s :f/efile .su nbi z .o rg/s c rip ts/efi lcovr. exe
Fax:8134365206
1/1
85
5/16/2024 10:36:5 1• PDT To : 18506176383 Pege: 214 Fe,: 8134365206
APPLICATION BY FOREIGN CORPORATION FOR AUTHORIZATION TO TRANSACT
BUSINESS IN FLORIDA
IN COMPLJANCE W/T/l SECTION 607. I 503. FLORIDA STATUTES, Tl/I~ FOLLOWING IS SUBM17TED JD
REGISTER A FOR£/GN CORPORA710N TO TRANSACT BUSINESS IN THE ST-IT£ OF FLORIDA.
1 _ Park Loyalty Inc.
(Enter name of corporation: mu.,t include "INCORPORATED:· ··COMPANY." "CORPORATION.'.
"lnc .. " "Co .. " "Corp." "Inc." "Co," or "Corp.")
( lfnarnc unavailahlc in Florida. enter alternate i:orponilc 11.11nc adopted for the purpose of transacting business in FIMida )
DE
2. ____________________ 3. --------------------
(State or country under the law of which it is incorporatc.'ll) (FEI number. if applicable}
04/1612024 4 . 5. --------------------
( Dal c of i ncorpornt ion l (Date of duration. i!' other than pcrpctua I)
6,
(Date first 1ran~ac1cd husincss in Florida . irprior to rcgis1ra1ion)
( SEE SECTIONS 607 .150 I & 607 , 1502. F.S .. to detcnninc penalty liuhility)
7 _ 7901 4th St N STE 300 St. Petersburg, FL 33702
(Principal oflit:c ilr£.£! address)
7901 4th St N STE 300 St. Petersburg, FL 33702
(Curreni mailing address. if diffcrcn()
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8. Name and street address nf Florida registered agent: (P.O. Box ~.OT acccptahlc) '-~~~
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Registered Agents Inc Name: ~ ::~~CJ
Sv,
Office Address: 7901 4th St N STE 300 '-:?. -~-➔ ; .. :;>
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St. Petersburg . 33702 _________________ . Flonda _____ _
rn
(C ity) (Zip code)
9 . Registered a~cnt's acceptance:
l/u1·i11g been 11amcd as registcn·d agent a11d to aaepl sen·it:e ,~f process/or tl,c aho1'c .\late,/ coq,orutiot1 al tlu· place
desig11a1ed in this applicatio11, I hereby acc.:ept the appointment as registered aKe111 and a~rt!e to at'/ i11 this capad~\·. I
furlhn agrt>e to comply wit/, tht> prrH'i.fions of all .Hallltrs relative to //,p propt>r nnd complt>te perfon11a11c1' nf my dutil"S,
aml I am familiar with and accept the obligations of my position tL~ registered agent.
(Registered agent'~ sign.illlrc)
lO. Attached is a ccnifiracc of ex istcncc duly :wthcn1ic:itcd, not more th:in 90 days pr ior 10 delivery of this applic:ition tn
the Department of State. by the Secretary of State or other official having custody of corporate records in the jurisdiction
under the law or which it is incorporated .
11. For ini1ial indexing purposes, list name,, title s anJ adllressc ., llflht: primary ofliccrs andlordircc101s iur to ,i:1. to) 101all:
86
5/16/2024 10:36:51 PDT To : 18506176383 Page: 3/4 Fex:8134365206
A. DlllECTORS
OChninm111 N11mc: Somanchi. Snram 0 Chnirman r--nmc: _L_L_1c_e..cy_. _M_a_r_c ________ _
□Vice Chair111an Ad<lrc~s: 7901 4th St N STE 300 □Vkc Chainnan 1\ddres,: 7901 4th St N STE 300
!✓..i Director St. Petersburg FL 33702 l✓-Directo1 St. Petersburg FL 33702
~ Pre:-idcnt 0 P11:~iJ~nt
□Vice Pn:sidcnt 0 Vice l'rL-i;idcnl
12.Scrn:wry CilTn:a:;urcr OSccrctarv OTn:a:,un:r
OOthcr _______ 001her ______ _ {✓,Other Officer □Other ______ _
OChainnan Name: _____________ _ QChamnan ~ame: _____________ _
O\licc Chainiwn Address : ____________ _ 0 Vice Chaim1an ,\<ldrc~s: ____________ _
nnirc,·1nr
OPresid~nt 0 President
□Secretary OTre:isurcr 0 Secretary □Treasurer
OOthcr ______ 001hcr ______ _ □Other_______ OOthcr ______ _
□Chainnan Name: _____________ _ OChain11an Name: _____________ _
UVicc Chainnan Addn.•ss : ____________ _ U Vice Chainnan Addre5s: ____________ _
ODi1ccto1 uDi1cctor
DPrL-sidrnt
O\licc President 0 Vice President
□Secretary □Treasurer [JSccretary □Treasurer
OOthcr ______ _ OOthcr ______ _ □Other ______ _ □Orhcr _____ _
l111pcirt1rn1 Nntir.i:: ll,,: an ;1t1ac:hmi:111 In rq1nrt 111<m, ihilll <i\ (f>). 111,, n11:11:h111cnt will he imaged for rcrnning p11rp,i,cs n11ly. :--!nn-imic.\Ccl
indi,·iduab 11wy be 111.ldcd to the indc.\ when fl ling your Florida Dcpunmcm otSt!HC Annunl Report fonn.
; . ~ /) I).
1.2. ,..;;/t.<./ul.J'n,;4dr1-t.:Vlc-/Ll·
Signature or Din:ccor or Ofliccr
TI1e ollicer or director signing this document (:md who is listed in number 11 above) affinns that the focts stntcd herein arc true nml that he or
,ht: b await: that fabt' i11furni.lliun ~ubrni1L1:d in H <lui:umcnt lu the Di:parl111t:nl ufS1atc ,011~1itult:.., a thirtl 1.lt:g1t:t: fdur1~· a., pru vid~ fur in
s.S 17.155 . F.S.
Sri ram Somanchi • Dire1or IJ. _____________________________________________ _
(Typed or print,'\l ri.unc and capacity of r,cr.;on ~igning ,1pplirn1io11)
87
5116/2024 i 0:36:5~ PDT To: 18506176383 Page: 4/4
Delaware
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "PARK LOYALTY INC." IS DULY
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS
OF THIS OFFICE SHOW, AS OF THE SIXTEENTH DAY OF APRIL, A.D. 2024.
6211258 8300
SR# 20241462986
" . ,. ct-;\
0 l
~
\I~
-' .... -~
You may verify th!s certificate onlinc at corp.dclaware.gov/authver.shtml
Authentication: 203266199
Date: 04-16-24
Fax:8134365206
Marc Lucey | Chief Executive Officer
221 N Broad St Suite 3A | Middleton, DE 19709
m: 414-248-0472 | e: marc.lucey@parkloyalty.com
5/15/2024
Steven Kulick, C.P.M.
Chief Procurement Officer / Procurement Division
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
Re: Enforcement Technology Upgrade
Dear Steven,
On behalf of Park Loyalty, Inc (Park Loyalty), we are pleased to be able to offer the City of South Miami an
enforcement technology upgrade to ensure technical currency and achieve program objectives. The proposed
enforcement software, Enforce Pro, is an LPR-Centric, Android-based enforcement application that is a direct
replacement of the current CivicSmart enforcement application—including the existing integrations required by South
Miami. Key features of Enforce Pro include:
• Real-time reporting and dashboards, including Operations, Productivity, Officer, Integration, and Utilization
• BI and geospatial analysis, including PEO route reports, PEO location reports, citation reports by zone, and
GIS heatmaps
• Configurable with LPR vehicles and pay-by-cell vendors
• Supervisor reporting to track officer routes and issuance efficacy on handhelds
• Activity logging to manage PEO beats, officer productivity, gap reports, and operations
• Shared arks ("digital chalks") between officers and vehicles
• Daily ticket summary optimized for issuance visualization
• Quick, efficient field issue reporting, plus real-time field support
• Remote management, on-screen troubleshooting customer support
This proprietary software, which was developed in-house, can only be provided by Park Loyalty and is
licensed exclusively by Park Loyalty. Enforce Pro software offers an LPR-centric enforcement user interface, meets
integration requirements out of the box, and is designed for real-time reporting metrics by zone. Furthermore, we do
not believe that any other enforcement provider is equipped to deploy on the required timeline, whereas Park Loyalty
is prepared to release a production-ready product within 30 days of notice to proceed.
Should you have any questions or concerns, please do not hesitate to contact me. I can be reached by phone at
(414) 248-0472 or by e-mail at marc.lucey@parkloyalty.com.
Sincerely,
Marc Lucey
Chief Executive Officer, Park Loyalty, Inc.
88
20A .............................................................................................MIAMI HERALD FRIDAY MAY 24 2024
GULFSTREAM PARK ENTRIES
FOR MAY 24
Copyright 2024 Equibase Company.
POST TIME 12:55 P.M.
1ST--$65,000,5 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Ghostly Rose (FL)L Reyes 118 J E Gonzalez 30/1
2 Legal Maneuver (KY)J C Ferrer 118 C A David 4/1
3 War Warrior (KY)M A Vasquez 118 M E Casse 3/1
4 Megastar (ON)E Gonzalez 118 F Abreu 10/1
5 Hyper Venom (NY)A Thomas 118 M V Laurato 20/1
6 Incanto (IRE)H R Diaz,Jr.118 J Sisterson 8/5
7 Fear the Facts (KY)E Perez 118 R B Hess,Jr.5/1
8 Honor That Dude (LA)E Jaramillo 118 M E Casse 8/1
2ND--$41,000,1 1/16th Miles Turf
PP Horse Jockey Wgt Trainer Odds
1 Grand David (KY)E Jaramillo 122 V Barboza,Jr.9/2
2 Treasure King (FL)E J Zayas 122 S A Joseph,Jr.7/2
3 Uno Tiger (FL)L Reyes 122 K O’Connell 20/1
4 Awesome Crusader (FL)E Gonzalez 120 C A David 10/1
5 Hakkimi (CHI)E Perez 120 A M Sanchez 12/1
6 American Speed (KY)J E Morelos 120 J O’Dwyer 2/1
7 Cashier Check (FL)M A Vasquez 122 V Barboza,Jr.6/1
8 Mutaawid (KY)L Panici 122 D C Hurtak 10/1
9 Vladislav (KY)S Leon 122 O M Gonzalez 8/1
3RD--$25,000,1 Mile
PP Horse Jockey Wgt Trainer Odds
1 Lola Loca (FL)J E Morelos 125 L Duco 8/1
2 Rose View (FL)E Greenidge 111 R Laurin 6/1
3 Awesomely Wild (FL)R Martinez 108 V Heard 20/1
4 Alma Pura (FL)A Santos 118 A O Agostini 10/1
5 Iron Shield (KY)E J Zayas 118 S A Joseph,Jr.8/5
6 Spanish Girl (KY)M Gonzalez 108 P R Garcia 15/1
7 Family Stash (FL)J Trejos 125 A W Dobber 30/1
8 Lady Monique (KY)C Gil 118 C Narvaez 2/1
9 Lady Oakridge (LA)L Reyes 118 M J Williams 12/1
4TH--$33,000,5 1/2 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Condora (FL)E J Zayas 118 E Plesa,Jr.5/2
2 Chloe’s Toy (KY)L Reyes 123 S Budhoo 2/1
3 Foxy Lady (FL)R Martinez 113 P R Garcia 10/1
4 Wisco Disco (KY)E Jaramillo 118 C A David 4/1
5 Miguel’s Belle (FL)M Gonzalez 110 C A David 12/1
6 Patty’s Having Fun (FL)S Leon 118 F Santillana 15/1
7 Kaitie Kait (FL)M A Vasquez 118 E Cordero 7/2
5TH--$41,000,1 Mile Turf
PP Horse Jockey Wgt Trainer Odds
1 Hot Blooded (FL)H R Diaz,Jr.118 M J Maker 7/2
2 Henley’s Joy (KY)M A Vasquez 118 J F D’Angelo 3/1
3 Golden Glider (KY)J E Morelos 118 M E Casse 12/1
4 Fly the W (KY)E J Zayas 120 B S Dibona 9/5
5 Sword Zorro (IRE)E Gonzalez 118 R Keithan 20/1
6 Lord of War (KY)E Jaramillo 118 M E Casse 5/1
7 Mr Crowley (ON)L Reyes 120 B N Croft 8/1
8 Sir Saffer (FL)J C Ferrer 118 K O’Connell 20/1
6TH--$23,000,5 1/2 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Nightsaber (GB)J M Rios 125 S D Acker 15/1
2 R Firebird (FL)A Santos 120 G S Bennett 10/1
3 Misprint (KY)L Reyes 120 B S Dibona 8/1
4 Taking It All (FL)L Panici 120 G F Lee 7/2
5 Ave Fenix (KY)E Gonzalez 125 M McGoey 20/1
6 Musical Journey (FL)A Medina 125 A De La Cerda 30/1
7 Red Hot Spark (FL)E J Zayas 120 E L Dobles 3/1
8 Splurge (FL)M A Vasquez 125 C A David 5/2
9 Kozem (KY)J E Morelos 120 R Coy 10/1
10 Glorious Wave (FL)J Trejos 125 A Quiroz 8/1
7TH--$33,000,1 Mile 70 Yards
PP Horse Jockey Wgt Trainer Odds
1 Musthavebeenlove (FL)L Reyes 118 K O’Connell 20/1
2 Thank the Academy (KY)S Spanabel 123 A O Agostini 15/1
3 Confer (FL)J C Ferrer 123 L Cazares 10/1
4 Ground Stop (KY)H R Diaz,Jr.123 D Damen 20/1
5 Cloud Storage (FL)A Santos 123 G S Bennett 12/1
6 Trendy (KY)E Gonzalez 118 M Bowersock 8/1
7 Go Margie Go (KY)M A Vasquez 120 B Kelly 9/2
8 Dontmesswithtess (CA)E Perez 123 H Wilensky 7/2
9 Singing Sandra (FL)L Panici 118 K O’Connell 6/1
10 Cabernet (FL)E J Zayas 123 J Alvarado 8/1
11 Beira (KY)E Jaramillo 118 V Barboza,Jr.4/1
8TH--$61,000,5 Furlongs (Turf)
PP Horse Jockey Wgt Trainer Odds
1 Candymaker (KY)H R Diaz,Jr.118 T Schuh 15/1
2 Richy (FL)L Panici 123 J M Gulick 12/1
3 Cantaro (KY)L Reyes 123 J Garoffalo 6/1
4 Portofino (KY)E J Zayas 123 J F Orseno 9/5
5 Bella Future (FL)M A Vasquez 125 L Cazares 4/1
6 Three Zero (KY)S Leon 123 C A David 6/1
7 Abrir Caminos (CHI)E Perez 123 A M Sanchez 5/1
8 Nichiren (CA)J M Rios 123 R Crichton 8/1
9 Classicstateofmind (KY)J E Morelos 123 A Graffeo 30/1
9TH--$60,000,5 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Manhattan Boy (FL)J E Morelos 118 O M Gonzalez 20/1
2 Power of Justice (KY)L Reyes 124 L Cazares 5/1
3 Rivertrance (KY)E J Zayas 118 M E Casse 9/2
4 Tricky Tiger (FL)S Leon 118 J D Arias 30/1
5 Cheyenne Brave (FL)E Perez 124 K O’Connell 8/1
6 Hope You Dance (NY)A Thomas 119 A Graffeo 10/1
7 Urban Legend (KY)E Jaramillo 118 J F D’Angelo 9/5
8 Four Beach Friends (KY)L Panici 118 S Dwoskin 8/1
9 Doctor’s Orders (FL)M A Vasquez 118 M E Casse 4/1
HORSE RACING
GULFSTREAM PARK ENTRIES
FOR MAY 25
Copyright 2024 Equibase Company.
POST TIME 12:55 P.M.
1ST--$33,000,5 1/2 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Galipan (FL)L Reyes 118 F Santillana 20/1
2 Breezer (KY)E Perez 118 J F D’Angelo 10/1
3 Academy Choice (NY)A Thomas 123 H Alter 2/1
4 Insisting (FL)C Gil 118 J F D’Angelo 10/1
5 Mr Narcissistic (ON)E J Zayas 123 S A Joseph,Jr.9/5
6 Pack Plays (CA)L Panici 118 D A Dakin 15/1
7 Etnico (NY)E Jaramillo 123 F Abreu 5/2
2ND--$29,000,1 Mile Turf
PP Horse Jockey Wgt Trainer Odds
1 Tiz a Prince (KY)A Santos 121 V Russo 20/1
2 Uranium (KY)A Morales 121 N Moubarak 5/1
3 Harpoon Harry (KY)E Gonzalez 123 G S Bennett 8/1
4 Grand Journey (KY)J C Ferrer 123 C A David 8/5
5 My Boy Blue (KY)L Panici 121 L Kurtinecz 15/1
6 Vintner (FL)H R Diaz,Jr.121 M R Yanez 30/1
7 Citizen K (NY)E J Zayas 123 B S Dibona 9/5
8 My Man Flint (KY)J M Rios 121 K Davey 10/1
9 Copazo (FL)S Leon 121 G Ochoa 30/1
3RD--$37,000,5 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Foggy Note (FL)M A Vasquez 125 R B Spatz 5/2
2 Peggysue I Love U (FL)E Gonzalez 120 M Bowersock 15/1
3 Three Girls (NY)A Santos 125 J Delgado 2/1
4 Lita (NY)L Reyes 125 S Klesaris 3/1
5 Time to Salsa (FL)J Suarez 125 P R Torres 30/1
6 Super Spin (FL)E J Zayas 125 J F Orseno 9/2
7 Princess Blakely (FL)H R Diaz,Jr.125 C M Gambolati 6/1
4TH--$25,000,7 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Assertive Attitude (KY)E Perez 124 P M Serpe 6/1
2 Bullet Blues (FL)R Martinez 108 L J McKanas 30/1
3 Blazing Tyreek (KY)S Leon 118 D C Hurtak 20/1
4 Fifty One Fifty (FL)J Ocasio 124 L M Ramirez 6/1
5 Im Still Brave (FL)E J Zayas 124 P R Torres 9/2
6 Jake’s Affection (KY)J C Ferrer 118 P M Serpe 15/1
7 Rebel Joke (ON)E Gonzalez 124 G Delgado 8/1
8 Golden Sombrero (KY)L Reyes 124 B S Dibona 3/1
9 Testa Dura (NY)L Panici 124 D J Manning 12/1
10 Tapit’s Direction (FL)C Gil 124 H Alter 12/1
11 Franks Mimi (FL)J M Rios 118 M Yates 5/1
5TH--$75,000,5 Furlongs Turf
PP Horse Jockey Wgt Trainer Odds
1 All in Sync (KY)H R Diaz,Jr.117 T Schuh 10/1
2 Grimes (KY)E J Zayas 117 F Abreu 12/1
3 Hilarious Affair (KY)L Reyes 117 F Abreu 5/1
4 Sigiloso (FL)M Meneses 116 A M Sanchez 6/1
5 Bouncer (FL)M A Vasquez 117 M E Casse 8/1
6 Xy Speed (KY)E Gonzalez 123 M Lerman 7/5
7 Mamba On Three (FL)E Jaramillo 120 F Abreu 5/2
6TH--$26,000,1 Mile 70 Yards
PP Horse Jockey Wgt Trainer Odds
1 Initforthelove (FL)E J Zayas 122 G S Bennett 7/2
2 Uncle Armando (FL)S Leon 122 D C Hurtak 6/1
3 Burning Man (KY)A Thomas 122 M Ciamei 20/1
4 Readyseekgo (KY)J M Rios 122 K Davey 20/1
5 Swan Lake (FL)L Reyes 122 E L Dobles 7/5
6 Voltamour (ON)J Trejos 122 M McGoey 30/1
7 Captain Anthony (FL)E Gonzalez 120 F Abreu 5/2
8 Millennium Condo (KY)J E Morelos 122 E Soler 10/1
7TH--$100,000,7 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Mbagnick (CHI)M Meneses 119 A M Sanchez 10/1
2 Loco Abarrio (FL)E Gonzalez 120 R B Spatz 5/2
3 Collaborate (KY)L Reyes 118 R B Hess,Jr.10/1
4 Shaq Diesel (FL)M A Vasquez 120 D Fawkes 4/1
5 Vivir Con Alegria (CHI)E Perez 120 A M Sanchez 6/1
6 Octane (FL)E Jaramillo 124 J Alvarado 7/5
7 Ticking (FL)E J Zayas 118 E Plesa,Jr.20/1
8TH--$25,000,5 Furlongs
PP Horse Jockey Wgt Trainer Odds
1 Six Feet Apart (KY)E Greenidge 114 G G Jackson 15/1
2 Wicklow Gal (FL)M Gonzalez 11110 C A David 9/2
3 Heir to the Roar (FL)J E Morelos 123 R Sierra 4/1
4 Lovin Makes Cents (FL)M A Vasquez 123 E Nunez 7/2
5 Magic Moonstar (FL)J C Ferrer 121 J Garoffalo 12/1
6 Macassa (FL)S Leon 121 B N Croft 30/1
7 Kikilove (FL)L Reyes 121 R Romero 20/1
8 Drinks On Me (KY)C Gil 121 N Moubarak 6/1
9 Ideal Breeze (FL)A Thomas 121 K A Guciardo 12/1
10 Sheza Rajun Cajun (FL)E Gonzalez 121 S D Acker 10/1
11 Amor Y Control (FL)J Trejos 121 M Ciamei 6/1
9TH--$95,000,1 1 16th Miles (Turf)
PP Horse Jockey Wgt Trainer Odds
1 Love Me Not (KY)J E Morelos 122 M Ciamei 20/1
2 Marwad (GB)L Reyes 122 N Moubarak 6/1
3 Benvolio (KY)S Leon 115 H Parra 30/1
4 Me and Mr.C (FL)H R Diaz,Jr.122 M J Maker 9/2
5 Eldon’s Prince (ON)M A Vasquez 122 S A Joseph,Jr.6/1
6 Eyes On the King (KY)E Jaramillo 122 M E Casse 10/1
7 Main Event (KY)E J Zayas 124 F Abreu 7/5
8 Win for the Money (KY)E Gonzalez 122 M E Casse 3/1
10TH--$33,000,1 Mile 70 Yards
PP Horse Jockey Wgt Trainer Odds
1 Heathcliff (KY)M A Vasquez 118 A De La Cerda 6/1
2 Dollar Liberty (KY)C Gil 118 N Moubarak 10/1
3 Karaoke (KY)H R Diaz,Jr.118 J F Orseno 10/1
4 Team Captain (KY)E Jaramillo 118 F Abreu 3/1
5 Silent and Violent (ON)L Reyes 118 J F D’Angelo 7/2
6 Mega Glorious (KY)J C Ferrer 118 X A Rivera 6/1
7 Miracle Trip (KY)E Perez 118 J F D’Angelo 12/1
8 Designated Hitter (KY)E J Zayas 118 J B Begg 5/1
9 My Noble Knight (FL)J M Rios 118 X A Rivera 15/1
10 Magicshadow (FL)L Panici 118 B N Croft 20/1
11TH--$61,000,1 Mile Turf
PP Horse Jockey Wgt Trainer Odds
1 O Captain (KY)E Gonzalez 120 G Delgado 5/1
2 Scat Tu Tap (KY)S Leon 120 F Abreu 10/1
3 Big Commerce (KY)L Reyes 120 J F D’Angelo 12/1
4 Swashbuckle (NY)E Perez 122 J Negrete 10/1
5 Fredo (KY)L Panici 120 A Sano 8/5
6 Immense Faith (KY)H R Diaz,Jr.120 R Yanez 30/1
7 Lord Eddard Stark (FL)E J Zayas 120 J F Orseno 6/1
8 Spy Hunter (FL)E Jaramillo 120 J F D’Angelo 3/1
9 Analogy (KY)J C Ferrer 120 H Parra 30/1
GULFSTREAM PARK RESULTS
FOR MAY 23
Copyright 2024 Equibase Company.
1ST--5 Furlongs
8 Speed of Sound Hector Rafael Diaz,Jr.16.60 7.00 4.20
2 Popstyle Edwin Gonzalez 4.00 2.80
4 Episode Leonel Reyes 5.60
$1 Exacta (8-2)$28.70;$0.10 Superfecta (8-2-4-3)$99.54;
$0.50 Trifecta (8-2-4)$85.65.
2ND--1 Mile Dirt
2 El Rojo Vivo Leonel Reyes 6.40 4.20 4.40
3 Fontina Edgard J.Zayas 4.20 4.80
1 Antillean Elijah Greenidge 5.60
$1 Daily Double (8-2)$23.10;$1 E (2-3)$18.20;$0.10 S
(2-3-1-7)$9.93;$0.50 T (2-3-1)$26.55.
3RD--5 1/2 Furlongs
4 Acamar Miguel Angel Vasquez 9.80 5.00 3.40
5 Truth and Honesty Jesus M.Rios 4.20 3.00
9 Warlord Cruzan Joseph Trejos 4.40
$1 DD (2-4)$25.30;$1 E (4-5)$18.30;$0.10 S (4-5-9-1)
$76.051;$0.50 T (4-5-9)$65.15.
4TH--7 Furlongs Dirt
4 Awesome Beast Edwin Gonzalez 20.80 12.00 5.20
5 Sioux Edgard J.Zayas 5.00 2.80
1 Jonas’Dream Emisael Jaramillo 2.40
$1 DD (4-4)$92.10;$1 E (4-5)$58.40;$0.10 S (4-5-1-2)
$58.59;$0.50 T (4-5-1)$76.90.
5TH--7 1/2 Furlongs Turf
8 Mister Abarrio Edgard J.Zayas 6.80 3.40 2.20
7 Internal Capital Cipriano Gil 5.00 3.40
9 Split Strike Emisael Jaramillo 2.60
4 Iron Man Jimmy Leonel Reyes 2.40
$1 DD (4-8)$54.00;$1 E (8-7)$18.00;$0.10 S (8-7-4-9)
$26.25;$0.10 S (8-7-9-4)$29.99;$0.50 T (8-7-9)$23.15;
$0.50 T (8-7-4)$32.25.
6TH--6 1/2 Furlongs Dirt
3 One Sharp Cookie Edgard J.Zayas 6.00 3.40 2.80
4 Street Earnings Edwin Gonzalez 9.80 6.60
2 Asher’s Edge Miguel Angel Vasquez 5.00
$1 DD (8-3)$9.50;$1 E (3-4)$48.30;$0.10 S (3-4-2-5)
$83.09;$0.50 T (3-4-2)$117.45.
7TH--5 Furlongs
5 Anatomy Miguel Angel Vasquez 14.60 3.80 2.80
1 Admiral Hopper Edgard J.Zayas 2.20 2.10
8 Fortuna Belle Edwin Gonzalez 3.40
$1 DD (3-5)$25.10;$1 E (5-1)$13.00;$0.10 S (5-1-8-7)
$18.55;$0.50 T (5-1-8)$28.05.
8TH--1 Mile Turf
3 Modica Hector Rafael Diaz,Jr.10.60 4.80 3.20
4 Sir Mendel Leonel Reyes 7.00 4.00
9 Whiting Field Edwin Gonzalez 3.20
$1 DD (5-3)$39.70;$1 E (3-4)$32.50;$0.10 S (3-4-9-1)
$37.46;$0.50 T (3-4-9)$53.55.
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