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Home My WebLink AboutR-2006-036 Clerk of Courts Agreement re Parking Citations RESOLUTION NO. 2006-036 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN THE CLERK OF COURTS (SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA) AND THE CITY OF DANIA BEACH TO PROVIDE FOR THE ADMINISTRATIVE PROCESSING BY THE CLERK OF COURTS OF PARKING CITATIONS (TICKETS) ISSUED BY THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Interlocal Agreement to be entered into between the Clerk of Courts (Seventeenth Judicial Circuit, in and for Broward County, Florida) and the City of Dania Beach, providing for the processing by the Clerk of Courts of parking citations(tickets)issued by the City,a copy of which agreement is attached and marked as Exhibit "A", is approved and the proper city officials are authorized to execute it. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 28, 2006. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: �G COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS FIRM AND CORRECTNESS � I BY: THOMAS J. A BRO CITY ATTORNEY CITY OF DANIA BEACH Agenda Item# i Agenda Request item Date of Commission Meeting: 2/28/2006 Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Re nested Acton `q tldenfrty appropriate Action or Mot�onj ...... Enter into revised interlocal agreement with the Clerk of the Court with regard to parking citations' processing. fa u UVhy ACt10h IS NeC@SSary s l r a 0A w The Clerk of the Court was going to contract with a Traffic Magistrate and pass the cost along to the local governments at $2.00 per citation for each hearing. Since then, the Legislature repealed the funding requirement applicable to local governments. 3 � 1NFiat Action Accomplishes we r Purchasing Requests ONLY .: �' , .. ., .�,F, mod? �,;;-�' ,i Dept: Acct M Amt: Fund: General: ❑. water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExptanaUdWBackground� The City entered into an Interlocal agreement with the Broward County Clerk two years ago to handle all City parking citations. The Clerk has changed the method of collection and intends to use Magistrates as hearing officers. The City (and all other cities similarly situated) need to replace the Interlocal Agreement with a new one to delete the $2.00 per case hearing fee. Fisca! lmgact/Cost Summary' Exhibits Attached ` al, Staff Memo Resolution Interlocal Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ��S�Ubttte�dby dSignatures � a Patricia Varney Date 02/21/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 02/21/06 City Attorney Thomas J. Ansbro Date 02/21/06 City Manager Ivan Pato Date 02/22/06 :City Clerk\Use, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM • TO: Patricia Varney, Director of Finance Y Memo: DF-06-10 FROM: Nicki Satterfield, Assistant Finance Director DATE: February 13, 2006 SUBJECT: Water and Sewer Fees The Clerk of the Circuit Court Restated Interlocal Agreement has been reviewed and compared to the current agreement passed by the City Commission on April 12, 2005. The main change in the agreement is the deletion of"Fees Sec 2.2"under the old agreement. This section refers to charges for Magistrates hearing fees. At the time the last agreement was passed the Clerk of the Court was going to contract with a Traffic Magistrate and pass the cost along to the local governments at $2.00 per citation for the hearing. Since then, the legislature repealed the funding requirement from the local government. In reality the fee was never implemented. There have been no fees passed on to us for the Magistrate since the last agreement was signed. This appears to be the only substantive change to the agreement. All other fees remain the same. • INTERLOCAL AGREEMENT Between CLERK OF COURTS SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA and CITY OF DANIA BEACH Providing for PROCESSING AND COLLECTION OF PARKING CITATIONS This Interlocal Agreement is made by and between the CLERK OF COURTS, SEVENTEENTH JUDICIAL CIRCUIT, BROWARD COUNTY, FLORIDA ("CLERK"), and the CITY OF DANIA BEACH, a municipal corporation of the State of Florida ("CITY"). The CITY's parking ordinances provide for the issuance of parking citations for violations of the ordinances. The CITY has designated the CLERK as the entity responsible for processing CITY parking citations and collecting fines imposed as a result of the issuance of such citations. The CITY is willing to pay to the CLERK a service fee for the processing of CITY citations and for the collection of such parking fines. IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the CITY and the CLERK agree as follows: 1. SCOPE OF SERVICES. 1.1 The CLERK shall process all parking citations issued and collect all fines due pursuant to the CITY's parking ordinances. 1.2 CITY shall obtain and pay for its parking citations. CITY agrees that the citations shall meet the technical standards promulgated by the CLERK. 1.3 CLERK shall process by data entry all parking citations in a timely manner, not to exceed fifteen (15) working days from the date the citations are received by the CLERK. 1.4 The CLERK agrees to provide, pay for and send the notices to be sent in connection with the issuance of parking citations when and as required by law. 2. SERVICE FEES. 2.1 CITY agrees to pay the CLERK a base service processing fee of $2.50 for processing (by data entry) each municipal parking citation that is issued and received by the CLERK pursuant to the CITY's parking ordinances. CITY also agrees, however, to pay to the CLERK an additional collection service fee of $5.00 (over and above the $2.50 base service . processing fee) for each issued municipal parking citation which results in payment to the CLERK of the citation amount, whether or not late fees have accrued and are paid. In other words, issued and paid citations shall result in a net total payment to the CLERK of$7.50 per each such citation. 2.2 CLERK states that it has entered into agreements with other municipalities in Broward County which provide the same services set forth in this Agreement. CLERK represents to CITY that the foregoing fees are identical to those paid by other municipalities. 2.3 The CLERK shall prepare a monthly invoice to cover all service fees for all ,previously unbilled new citations entered into the CLERK's computer system during the preceding month. Each month the CLERK shall issue a check to the CITY equal to all monies received, less the amount billed and retained by the Clerk for base service processing fees and additional collection service fees. 2.4 CLERK states that the service fee revenues collected and earned by the CLERK are for the purpose of defraying the costs of the CLERK's Parking Citation Unit. 3. SOFTWARE. The CLERK is recognized and shall act as the custodian of the parking citation data as defined in the Public Records Act of the State of Florida. • 4. LOCATION AND AVAILABILITY OF CLERK'S PARKING CITATION DIVISION. The CLERK's Parking Citation Unit is located at 201 Southeast 6th Street, Fort Lauderdale, Florida 33301 (telephone number (954) 831-5804) although it may be located at such other or additional location(s) as may be agreed upon in writing by the parties. The office will be open to the general public from 9:00 a.m. to 4:00 p.m., Monday through Friday, except on those days that have been established as Legal Holidays for employees of the CLERK as designated by the Chief Judge of the Seventeenth Judicial Circuit. 5. ARCHIVING, FILE RETENTION AND BACKUP. On a monthly basis paid citations, which are six months old, and unpaid citations, which are one year old, shall be archived by the CLERK. This data shall be put on tape, maintained off site and retained in accordance with Florida Statutes. CLERK agrees that all data residing on the on-line system shall be backed-up daily and that a weekly back-up shall be performed and stored off-site. Records shall be maintained in accordance with the rules promulgated by the State of Florida,Division of Archives, History and Records Management. 6. REPORTS. The CLERK shall provide management and financial reports on a monthly basis to the CITY, which provide for, but are not limited to: auditable inventory control of all citations received by CLERK, numeric sequencing of all citations processed through the system, information indicating citations collected, aging outstanding tickets, and indicating total dollars collected;user fee charges for citations processed and the number of citations collected. 2 7. CLERK'S RESPONSIBILITIES. • The.CLERK will provide for securit of all data processing files in accordance with p Y p g established security policy standards and guidelines. 8. MATTERS BEYOND THE CONTROL OF THE CITY AND CLERK. Neither the CITY nor CLERK shall be responsible for any failure or delay in performance under this Agreement due to circumstances beyond their respective reasonable control including, without limitation, Acts of God, accidents, mechanical failure, power failures, acts, omissions and defaults of third parties and official governmental or judicial action beyond their control The terms "official, governmental or judicial action" for the purpose of this Agreement shall include any action, decision, order, directive or mandate taken by the Board of County Commissioners of Broward County or the County Administrator of Broward County or any person or entity acting on their behalf or any judicial order issued by a court of competent jurisdiction which directly prevents CLERK from performance of its commitments under this Agreement. In the event of occurrences which require the implementation of a Disaster Recovery Plan, the CLERK shall use its best efforts to provide a level of service consistent with the commitments set forth in this Agreement. 9. AMENDMENTS. No modification, amendment or alteration in the terms or conditions contained in this • Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity with this Agreement. 10. NOTICES. All written notices shall be effected by hand-delivery or by U.S. Mail, certified, return receipt requested, addressed as follows: CLERK: Howard C. Forman, Clerk of Courts Broward County Courthouse 201 Southeast Sixth Street Fort Lauderdale, FL 33301 CITY: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 3 11. EFFECTIVE DATE AND TERMINATION. • 11.1 This Interlocal Agreement shall be effective initially for one (1) year from the date of approval and execution by the CLERK. This Agreement shall be automatically renewed for five (5) one (1) year terms thereafter, without necessity for re-approval of re-execution unless terminated earlier in accordance with Section 11.2. 11.2 This Interlocal Agreement may be terminated by either party without cause upon ninety(90) days written notice to the other party. IN WITNESS OF THE FOREGOING, the parties have executed this Interlocal Agreement on the respective dates under each signature: HOWARD C. FORMAN, CLERK OF COURTS, SEVENTEENTH JUDICIAL CIRCUIT and CITY OF DANIA BEACH, signing by and through its Mayor(authorized to execute same by City action taken on February 28, 2006). CLERK WITNESS CLERK OF THE COURTS SEVENTEENTaJUDICZIALUIT oate By: &,77� H C. Forman, 1 rk of Courts Print Name day of , 2006 Signature Print Name APPROVED AS TO FORM: Office of the County Attorney Broward County, Florida Governmental Center, Room 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 4 CITY • City of Dania Beach, a Florida municipal corporation ATTEST: By: LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR-COM jIONE By: AN PAtty APPROVED FOR FORM CITY MANAGER AND CORRECT ESS: By: �� Dated: //Ir�iCf/� , 2006 TH6MM J. A SBRO, ESQ. CITY ATTORNEY • 5 s,e FLORIDA March 2, 2006 Howard C. Forman, Clerk of Courts Broward County Courthouse 201 Southeast Sixth Street Fort Lauderdale, FL 33301 Dear Mr. Forman: RE: INTERLOCAL AGREEMENT BETWEEN THE CLERK OF COURTS AND THE CITY OF DANIA BEACH FOR THE PROCESSING AND COLLECTION OF PARKING CITATIONS. On February 28, 2006, the Dania Beach City Commission adopted Resolution No. 2006-036 approving the above agreement, a copy of which is attached. We are sending two originals of the agreement for execution by the Clerk of Courts. Upon execution, please retain one original of the agreement and return one to this office for our records. If you have any questions regarding this agreement, please contact Patricia Varney, Finance Director, at (954) 924-3620. Sincerely, Miriam Nasser Deputy City Clerk Enclosures "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us