HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-0371
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Temp. Reso. #10915
February 28, 2006
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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
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Temp. Reso. #10915
February 28, 2006
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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.
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Temp. Reso. #10915
February 28, 2006
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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.
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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
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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
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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
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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
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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.
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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
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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
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EXHIBIT A
preempts any prior or contemporaneous understandings, agreements, or
representations by or between the parties, written or oral.
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