HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-028Temp. Reso. #14092
March 13, 2024
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-209.Lf-10;a'2
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
AN AMENDMENT TO THE RESTATED
INTERLOCAL AGREEMENT BETWEEN THE CITY
OF TAMARAC, AND THE CLERK OF COURTS
FOR THE SEVENTEENTH JUDICIAL CIRCUIT OF
THE STATE OF FLORIDA TO PROVIDE FOR
MODIFICATIONS TO THE FEE STRUCTURE FOR
THE PROCESSING AND COLLECTION OF
PARKING CITATIONS, FOR A TERM OF THREE
(3) YEARS; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE NECESSARY
DOCUMENTS TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac issues parking citations to individuals who
violate the City's parking regulations; and
WHEREAS, the City of Tamarac City Commission approved the Interlocal
Agreement between the City and Howard C. Forman, Clerk of Court for the 17th
Judicial Circuit for the processing of the City' s parking citations and provision for
hearings of contested parking citations by the Broward County Traffic Magistrates
on March 8, 2006; and
WHEREAS, Brenda D. Forman was elected in 2020 as the Clerk of Court
for the 17th Judicial Circuit and continues to contract with the City of Tamarac so
that contested parking citations will be assigned and heard by the Broward County
Traffic Magistrates ; and
Temp. Reso. #14092
March 13, 2024
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WHEREAS, the existing agreement, which has been in effect for over a
decade, has remained unchanged; and
WHEREAS, due to escalating costs associated with the services provided,
the Clerk of Courts is proposing a revision to the Interlocal Agreement to introduce
a flat fee structure per citation and a processing fee for each citation violation equal
to or exceeding $100.00-1 and
WHEREAS, this process and system is cost effective and efficient and
serves the city and public purpose; and
WHEREAS, the City Commission of the City of Tamarac deems this
Agreement to be in the best interests of the citizens and residents of the City of
Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac does hereby
approve the Interlocal Agreement between the City and Clerk of Court for the 17th
Judicial Circuit for the processing and collection of the City's parking citations, for
a term of Three (3) years from the last date of execution, in the form and substance
as attached hereto as Exhibit " A," and made a specific part of this Resolution.
Temp. Reso. #14092
March 13, 2024
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SECTION 3: The City Manager, or his designee, is hereby
authorized to approve and execute any subsequent options for extension and
renewal of the agreements or approval of assignments and other amendments to
the agreements in accordance with the provisions of the awarded agreement, and
to initiate change orders in amounts not to exceed $65,000 per Section 6-147 of
the City Code.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon
adoption.
"The remainder of this page is left blank intentionally"
Temp. Reso. #14092
March 13, 2024
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PASSED, ADOPTED AND APPROVED this 13l�-day of 1_l*C-R1
2024.
ATTEST:
KIMBEFILY DILLON, CMC
CITY C-LERK
zzml" 1 l(124
ICHELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M WRIGHT JR
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO, // FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE/ Oi W/CITY OF TAMARAC ONLY.
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TRIPPSCOTT
ATTORNEYS AT LAW
February 15, 2024
City Manager
Levent Sucuoglu
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
Dear City Manager Sucuoglu,
I am writing to officially inform you that our legal representation extends to the
Clerk of Courts, Brenda Forman. As part of our ongoing efforts to address evolving
requirements, we have previously discussed the necessity to amend our
longstanding parking agreement with the city.
It has come to our attention that the existing agreement, which has been in effect
for over a decade, has remained unchanged although escalating costs associated
with this service provision have occurred. As a result, the Clerk of Courts is
proposing a revised Interlocal Agreement to address this issue. Outlined are two
modifications, the first introduces a flat fee structure of $10.00 per citation
processed by the Broward County Clerk of Courts. The second modification
provides that each citation violation amount equal to or exceeding $100.00 will be
charged a one-time 33% fee processing fee. Attached is the comprehensive
agreement, please include its consideration in the upcoming City Commission
meeting agenda for consideration.
For any questions or concerns regarding this proposed agreement, please feel free
to contact me via email at cls@trippscott.com or call at 954-525-7500. Thank you
for your attention to this matter. We anticipate your thoughtful consideration and
timely response to the proposed amendments.
Sincerely,
aw*GA stld
Christopher Smith, Esq.
110 Southeast Sixth Street, Fifteenth Floor • Fort Lauderdale, Florida 33301
Post Office Box 14245 - Fort Lauderdale, Florida 33302
Tel 954.525.7500 • Fax 954.761.8475 • TrippScott.com
FORT LAUDERDALE I BOCA RATON I TALLAHASSEE
AMENDMENT TO
RESTATED INTERLOCAL AGREEMENT
Between
TAMARAC
and
CLERK OF THE COURTS,
SEVENTEENTH JUDICIAL CIRCUIT
for
PROCESSING AND COLLECTION OF PARKING CITATIONS
THIS IS AN AMENDMENT TO THE RESTATED INTERLOCAL AGREEMENT,
made and entered into by and between the following parties ("parties") CITY OF Tamarac, a
municipal corporation of the State of Florida ("City"), and THE CLERK OF THE COURTS,
SEVENTEENTH JUDICIAL CIRCUIT, BROWARD COUNTY, FLORIDA ("Clerk").
WHEREAS, the parties previously entered into a Restated Interlocal Agreement regarding
the processing and collection of parking citations; and
WHEREAS, the parties wish to continue the terms of the previous executed Interlocal
Agreement, except as outlined in the below numbered paragraphs.
THEREFORE, in consideration of the mutual terms, conditions, promising, covenants,
and payments, the CITY AND THE CLERK agree as follows:
1. Paragraph 2.1 of the Restated Interlocal Agreement shall be mutually amended to
state:
CITY agrees to pay to the CLERK a base Service Fee of TEN DOLLARS AND
ZERO CENTS ($10.00) for processing each municipal parking citation that is issued
pursuant to applicable ordinances, regulations, and/or statutes. CITY also agrees,
however, to pay to the CLERK an additional Service Fee of ONE-THIRD (1/3)
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(over and above the TEN DOLLAR AND ZERO CENT ($10.00) processing fee)
for each issued municipal parking citation, which results in payment to the CLERK
of ONE HUNDRED DOLLARS ($100.00) or more.
2. Paragraph 9 shall be modified to provide notice to the CLERK as follows:
Brenda D. Forman, Clerk of the Court
Broward County Judicial Complex
Attention: Administration
201 Southeast Sixth Street, Room 18150
Fort Lauderdale, Florida 33301
3. The parties mutually agree that term for this Amendment to
Restated Interlocal Agreement will be for Three (3) years from the last date of execution of this
Amendment. The parties agree that any further extension of this Amendment to Restated
Interlocal Agreement will be completed by written mutual written agreement. The parties agree
that the CLERK may request to re -negotiate the terms of this Amendment and/or Restated
Interlocal Agreement every three years from the last date of execution of this Amendment.
4. All other non -amended provisions of the Restated Interlocal Agreement shall
remain in full effect and force.
IN WITNESS WHEREOF, the parties have made and executed this Amendment to the
Restated Interlocal Agreement on the respective dates under each signature:
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