HomeMy WebLinkAboutR-2016-161 Authorizes First Amendment to the Existing Agreement with Howard C. Forman, Clerk of Courts, 17th Judicial Courts to Include Hearings of Appeals as They Relate to Electronic Parking Tickets RESOLUTION NO. 2016-161
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING EXECUTION OF A FIRST
AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND HOWARD C. FORMAN, CLERK OF THE COURTS,
SEVENTEENTH JUDICIAL CIRCUIT COURTS TO INCLUDE HEARINGS
OF APPEALS AS THEY RELATE TO ELECTRONIC PARKING TICKETS;
PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City of Dania Beach, Florida, is authorized by City Code, Section 25-75
to issue parking tickets to any operator of any vehicle that is found to be in violation of City
Parking Codes; and
WHEREAS, an amendment to an Agreement (dated November 27, 2012) between the
City of Dania Beach and Howard C. Forman, Clerk of Courts, Seventeenth Judicial Circuit Court
is needed to allow the Clerk of the Courts to provide for hearings to persons who wish to contest
and appeal electronic parking violations issued to them;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the City Commission approves an amendment to the Agreement
existing with the Clerk of the Courts; a copy of the Amendment is attached as Exhibit"A", made
a part of and incorporated into this Resolution by this reference, and the proper City officials are
authorized to execute the Amendment.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to such Amendment as are deemed necessary and proper for the best interests of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
shall be repealed to the extent of such conflict.
Section 5. That this Resolution shall be in full force and become effective upon its
passage and adoption.
PASSED and ADOPTED on December 13, 2016.
ATTEST:
LOUISE STILSON, CMC _zs== , T RA JAM
CITY CLERK MAYOR
APPROVED AS TO FO A CORRECTNESS:
THOMA . ANS O
CITY ATTORN
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"EXHIBIT A"
FIRST AMENDMENT TO AN EXISTING AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND HOWARD C. FORMAN, CLERK OF COURTS
SEVENTEENTH JUDICIAL CIRCUIT
This is an Amendment (the "Amendment") to an Agreement (the "Agreement"), which
Agreement exists between the City of Dania Beach, Florida, a Florida municipal corporation (the
"City") and Howard C. Forman, Clerk of Courts, Seventeenth Judicial Circuit (the "Clerk"). A
copy of the Agreement, dated November 27, 2012, is attached as Exhibit "A", and it is made a
part of and is incorporated into this Amendment by this reference.
In consideration of the mutual covenants, terms and conditions contained in the
Amendment, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon,the parties agree as follows:
1. That the Agreement is amended to add the following provision to Section 1 "Scope of
Services":
1. SCOPE OF SERVICES
1.5 The CITY designates the CLERK as the entity responsible for scheduling
g Y
and conducting hearings and processing appeals as assigned to the
CLERK by the CITY. All hand-written parking citations and appeals will
be processed and managed by the CLERK. All electronic (e-ticket)
parking citations will be processed and managed by the CITY and appeals
will be directed to the CLERK for hearings.
2. Despite any provision to the contrary in the Agreement, the provision set forth above
shall apply.
3. That in all other respects, the Agreement is ratified and reaffirmed, and it remains in full
force and effect.
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IN WITNESS OF THE FOREGOING, the parties have executed this Amendment
effective as of , 2016.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
LOUISE STILSON, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
THOMAS J. ANSBRO ROBERT BALDWIN
CITY ATTORNEY CITY MANAGER
CLERK:
HOWARD C. FORMAN
CLERK OF COURTS
SEVENTEENTH JUDICIAL CIRCUIT
WITNESSES:
Signature Signature
PRINT Name Date
Signature
PRINT Name
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