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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0371 1 Temp. Reso. #10915 February 28, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--,.n A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA TO APPROVE AN INTERLOCAL AGREEMENT WITH HOWARD C. FORMAN, CLERK OF COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA TO PROVIDE FOR THE PROCESSING OF MUNICIPAL PARKING TICKETS AND REFERRAL OF CONTESTED CITATIONS TO HEARING OFFICERS TO CONDUCT HEARINGS; 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, Howard C. Forman, Clerk of Court for the 17th Judicial Circuit has offered his services for the processing of municipal parking tickets; and WHEREAS, Howard C. Forman will contract with the 17th Judicial Circuit so that contested parking tickets will be assigned and heard by the Broward County Traffic Magistrates; and WHEREAS, this process and system is cost effective and efficient and serves a municipal and public purpose; and JFK: 03-08-2005 \\Dellone\UDClerk\Legislation\Draft Legislation Received\Mar. 8\10915 - TRAFFIC TICKET PROCESSING.doc Temp. Reso. #10915 February 28, 2006 Page 2 WHEREAS, the City Commission hereby determines this Agreement to be in the best interests of the health, safety and welfare 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 AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Tamarac does hereby approve 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, in form and substance as attached hereto as Exhibit "A," and made a specific part of this Resolution. Section 3. The appropriate City officials are hereby authorized and directed to execute the necessary documents to effectuate the purpose and intent of this resolution. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. J FK: 03-08-2005 \\Dellone\UDClerk\Legislation\Draft Legislation Received\Mar. 8\10915 - TRAFFIC TICKET PROCESSING.doc 1 1 Temp. Reso. #10915 February 28, 2006 Page 3 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 its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS Sth DAY OF Mc:rch 2006. ATTEST: • o � f / MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. l S�MUEL S. GOREN CITY ATTORNEY CITY OF TAMARAC, FLORIDA BY: JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Aoe DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS c. J FK: 03-08-2005 \\Dellone\UDClerk\Legislation\Draft Legislation Received\Mar. 8\10915 -TRAFFIC TICKET PROCESSING.doc TR 10915 EXHIBIT A RESTATED INTERLOCAL AGREEMENT Between CITY OF TAMARAC and HOWARD C. FORMAN, CLERK OF COURTS SEVENTEENTH JUDICIAL CIRCUIT for PROCESSING AND COLLECTION OF PARKING CITATIONS THIS IS AN INTERLOCAL AGREEMENT, made and entered into by and between: THE CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," AND HOWARD C. FORMAN, CLERK OF COURTS, SEVENTEENTH JUDICIAL CIRCUIT, BROWARD COUNTY, FLORIDA, hereinafter referred to as "CLERK." WITNESSETH: WHEREAS, the CITY's parking ordinances provide for the issuance of parking citations for violations of CITY parking ordinances and state statutes; and WHEREAS, the CITY has designated the Clerk of the Court as the entity responsible for processing parking citations and collecting fines imposed as a result of such citations; and WHEREAS, the CITY has adopted the appropriate ordinances as are required by §§318.325, 316.1967(6) and 320.03(8), Florida Statutes, to delegate such responsibility to the CLERK for the processing of such parking citations and further refer parking citations matters to a hearing officer for enforcement to facilitate the proper enforcement of the parking violations; and WHEREAS, the CITY wishes to reasonably compensate the CLERK a service fee for the processing of citations and the collection of such parking fines; and WHEREAS, CITY and CLERK may have entered into prior Interlocal Agreements to provide for the CLERK's services; however, due to recent legislative amendments to certain statutes affecting the process of parking citation appeals, it is necessary for the parties to enter Page 1 of 7 TR 10915 EXHIBIT A into this revised Restated Interlocal Agreement to clarify that the services provided by CLERK for the CITY shall be limited to the processing and collection of parking citations by the CLERK , which shall supersede any previous agreement entered into between CITY and CLERK regarding the subject matter herein; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth., the CITY and the CLERK agree as follows: 1. SCOPE OF SERVICES 1.1. The CLERK shall process and collect all parking citations issued pursuant to the CITY's parking ordinances. 1.2 CITY shall obtain at CITY's sole expense parking citations to be issued to violators which shall conform to the technical requirements of the CLERK. L3 CLERK shall process all parking citations and late fees in a timely manner, but not to exceed fifteen (15) working days. 1.4 CITY shall. provide CLERK with copies of CITY's parking regulations, as may be amended from time to time, for use during hearings on contested parking citations as provided hereinbelow. CITY shall be responsible for ensuring its parking regulations are updated with the CLERK, as CITY's parking regulations may be amended from time to time. 2. FEES 2.1 CITY agrees to pay to the CLERK a base Service Fee of TWO DOLLARS AND FIFTY CENTS ($2.50) for processing each municipal parking citation that is issued pursuant to the CITY's parking ordinances. CITY also agrees, however, to pay to the CLERK an additional Service Fee of FIVE DOLLARS AND NO CENTS ($5.00) (over and above the TWO DOLLAR AND FIFTY CENT ($2.50) processing fee) for each issued municipal parking citation, which results in payment to the CLERK of the citation amount or late fees or both. In other words, issued and paid citations shall result in a net total payment to the CLERK of SEVEN DOLLARS AND FIFTY CENTS ($7.50). Issued and as yet unpaid citations shall result in a net total payment to the CLERK of TWO DOLLARS AND FIFTY CENTS ($2.50). 2.2 In the event CLERK enters into any agreements with any municipalities or other governmental entities to provide the same or similar service set forth herein, CLERK agrees to charge such municipalities or other governmental entities the same fees as provided herein, or as may hereinafter be renegotiated with and equally applicable to all governmental entities participating in the parking citation enforcement process as provided herein. Nothing herein shall prohibit CLERK Page 2 of 7 `1"R 10915 EXHIBIT A from entering into a different contractual relationship with any municipality under the same fee schedule as set forth in this Section. 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 write a check and pay to the CITY an amount equal to all monies received for parking citations issued by CITY, less the amount billed for base Service Fees and collection service fees if any funds are due to an agency. 3. LOCATION AND AVAILABILITY OF CLERK'S PARKING CITATION DIVISION 3.1 The CLERK's Parking Citation Division is located at 201 Southeast Sixth Street, Fort Lauderdale, Florida 33301 (telephone number (954) 831-5804) or such other location(s) as may be agreed upon 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. 3.2 The Hearing Officer hearings on contested parking citations will be conducted at the .main Broward County Courthouse located at 201 Southeast Sixth Street, Fort Lauderdale, Florida 33301 and at the West Regional Courthouse located at 100 North Pine Island Road, Plantation, Florida 33324, or such other locations as may be determined by the COURT from time to time. CITY shall be notified by CLERK of any changes in the location of the. hearings. 4. ARCHIVING, FILE RETENTION AND BACKUP 4.1 On a monthly basis paid citations which are six (6) months old, and unpaid citations which are one (1) year old, shall be archived by CLERK. This data shall be placed on tape and maintained by CLERK 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. 4.2 The CLERK is recognized as the Custodian of all records and data generated pursuant to this Agreement as defined in the Public Records Act of the State of Florida, Chapter H 9, Florida Statutes. 5. REPORTS The CLERK shall provide management and financial reports on a monthly basis to the CITY, which provide for, but are not limited to: 1) auditable inventory control of all citations received by CLERK, 2) numeric sequencing of all citations processed through Page 3 of 7 TR 10915 EXHIBIT A the system, indicating citations collected, and indicating total dollars collected, 3) Service fees charged for citations processed and citations collected. 6. CLERK'S RESPONSIBILITES 6.1 The CLERK's Parking Citation Division can be contacted by telephone at (954) 831-5804. CITY shall be promptly notified in the event the telephone number is changed. The hours of service will be from 9:00 a.m. through 4:00 p.m., Monday through Friday, excepting regularly scheduled holidays as established by the Chief Judge. 6.2 Provide security of all data processing .files in accordance with established security policy standards and guidelines in accordance with Florida Statutes and the Florida Administrative Code. 7. MATTERS BEYOND THE CONTROL OF THE CITY AND CLERK Neither the CITY nor CLERK shall be responsible for any failure or delay in performance hereunder due to circumstances beyond their reasonable control including, without limitation, Acts of God, accidents, mechanical, power failures, acts, omissions and defaults of third parties and official, governmental and judicial action beyond their control. 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 this Agreement: 8. AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9. NOTICES All written notices, as provided herein, shall be effected by hand delivery or by U.S. Mail, certified, return receipt requested, addressed as follows: CITY: Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88 Avenue "Tamarac, Florida 33321 With a copy to the City Attorney Samuel S. Goren Goren, Cherof, Doody & Ezrol, P.A. 3090 East Commercial Blvd. Suite 200 Page 4of7 TR 10915 EXHIBIT A Fort Lauderdale, FL 33308 CLERK: Howard C. Forman, Clerk of Court Broward County Courthouse 201 Southeast Sixth Street Fort Lauderdale, Florida 33301 10. EFFECTIVE DATE AND TERMINATION 10.1 This Interlocal Agreement shall be effective from the date of approval and execution by the CLERK and for an additional one-year term effective October 1, 2005. Beginning October 1, 2006, this Agreement shall automatically renew for yearly terms thereafter and without necessity for re -approval or re -execution unless either party gives notice in writing to the other of intent not to renew. Any such notice must be delivered on or before ninety (90) days from the anniversary date of the Agreement. 10.2 This Agreement may be terminated by either party without cause upon sixty (60) days written notice during the first year of the Agreement and ninety (90) days written notice to the other party thereafter. 1.1. PRIORAGREEMENTS This Agreement shall supersede any prior or existing agreements between the CITY and CLERK pertaining to the subject -matter herein and said prior or existing agreements shall have no force and affect upon execution of this Agreement. 12. MISCELLANEOUS 12.1 The parties hereto understand and agree that the parties are self -insured and do not intend to purchase insurance in connection with this Agreement. 12.2 Each party agrees to be fully responsible for its acts of negligence or its agent's acts of negligence when acting within the scope of this Agreement and agrees to be liable for any damages resulting from said negligence pursuant to the terms of §768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. Page 5 of 7 TR 10915 EXHIBIT A 12.3 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that CITY and CLERK are independent contractors under this Agreement and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out the their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of each individual party. Services provided by each party pursuant to this Agreement shall be subject to the supervision of such party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities. This Agreement shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums. 12A Neither party intends to directly or substantially benefit any third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either parry based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third persons or entity under this Agreement. 12.5 It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 12.6 Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 12.7 If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.8 This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 12.9 This Agreement constitutes the final, complete, and exclusive embodiment of the entire agreement and understanding between the parties and supersedes and Page 6 of 7 TR 10915 EXHIBIT A IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: through its Mayor and -� City Manager, authorized to execute sa e CITY action on the r day of �� t'� c '✓ , 200 , and Howard C. Forman, Clerk of Courts, Seventeenth Judicial Circuit. AT"PEST: �.r City Clerk WITNESSES C4:f1 IT'S CITY OF TAMARAC yor Joe Schreiber day of .. ,r QM_h 20P Jeffr iller, City Manager 8*�day of , 20_0�. APPROVED AS TO FORM: 3A 0 O -jce of the City Attorney CLERK: Howard C. Forman, Clerk of Court Seventeenth Judicial Circuit day of , 20 Page 8 of 7 TR 10915 EXHIBIT A preempts any prior or contemporaneous understandings, agreements, or representations by or between the parties, written or oral. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 7 of 7