HomeMy WebLinkAboutCity of Tamarac Resolution R-91-18831
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Temp. Reso. #�57
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91-jaB
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF TAMARAC AND ROBERT E.
LOCKWOOD, CLERK OF COURTS, SEVENTEENTH
JUDICIAL CIRCUIT FOR PROCESSING AND COLLEC-
TION OF PARKING CITATIONS AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION I : That the appropriate City officials are
authorized to execute an Interlocal Agreement between the
City of Tamarac and Robert E. Lockwood, Clerk of Courts,
Seventeenth Judicial Circuit for processing and collection of
parking citations attached hereto as Exhibit "A".
SECTION 2 This Resolution shall become effective
immediately upon its passage.
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PASSED, ADOPTED AND APPROVED thisLZday Of 1991.
ATTEST:
�.9z� I �; I
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
XL AN F
CITY ATTORNEY
reso.parkingcit
RECORD OF COUNCIL VOTE
MAYOR AIBR °"�?�,I3fITZ
DISTRICT'°
DISTRICT 4: R
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INTERLOCAL AGREEMENT
Between
COY_ OF TAMARAC
and
ROBERT E. LOCKWOOD, CLERK OF COURTS
SEVENTEENTH JUDICIAL CIRCUIJ
for
PROCESSING AND COLLECTION
OF BARKING CITATIONS
This is an Interlocal Agreement, made and entered into by and
between: CITY OF TAMARAC, a municipal corporation of the state of
• Florida, hereinafter referred to as "CITY,"
AND
ROBERT E. LOCKWOOD, CLERK OF COURTS, SEVENTEENTH JUDICIAL
CIRCUIT, BROWARD COUNTY, FLORIDA, hereinafter referred to as
"CLERK."
W I T N E S S E T H:
WHEREAS, the CITY's parking ordinances provide for the
issuance of parking citations for violations of CITY parking
ordinances; 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 wishes to pay to the CLERK a service fee for
the processing of citations and the collection of such parking
fines; 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 QF SERVICES
1.1. The CLERK shall process and collect all parking citations
issued pursuant to the CITY's parking ordinances.
1.2. CLERK shall provide pre -numbered parking citations to the
CITY. The CITY shall reimburse the CLERK for the actual
cost of same. A record of all citations purchased,
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issued, used and unused, shall require a printer's
affidavit as to the quantity, numbers, and date of
purchase. Citations issued to law enforcement agencies
shall be evidenced by a signed receipt or acknowledgment
from the agency receiving the citations. The CLERK is
authorized to remove from active files unused citations
upon receipt of an affidavit from the receiving agency or
after three years after issuance to the receiving agency.
1.3. CLERK shall process all parking citations and late fees
in a timely manner, not to exceed fifteen (15) working
days.
2. SERV
2.1. CITY agrees to pay to the CLERK a base service fee of
$1.50 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 $4.50 (over and above the $1.50
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 $6.00. Issued and as yet unpaid
citations shall result in a net total payment to the
CLERK of $1.50.
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 authorized by
resolution of the Board of County Commissioners. CLERK
agrees to distribute such monies collected less the
service fees to the appropriate municipality or other
governmental entity and to forward the service fees to
the Revenue Collection Division of Broward County
government for deposit in the General Fund.
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 to the appropriate CITY fund or municipality equal
to all monies received, less the amount billed for base
service fees and collection service fees if any funds are
due to an agency.
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A-9-91_1800b
2.4. Service fee revenue collected and earned by the CLERK are
for the purpose of defraying the costs of the CLERK'S
Parking citation Unit.
2.5. CLERK shall establish and prepare a separate budget for
the Parking Citation Unit that shall include personnel
and operating expenses. Revenue estimates shall be
prepared by the CLERK during the annual budget process.
3. SOFnME
The CLERK is recognized as the Custodian of the 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 Division is located at 201
Southeast 6th Street, Fort Lauderdale, Florida 33301
(telephone number 357-5603) 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.
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. 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.
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 tickets
distributed to issuing agencies, numeric sequencing of all
tickets processed through the system, indicating tickets
collected, aging outstanding tickets, and indicating total
dollars collected, user fee charge for tickets processed, and
tickets collected.
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9.
9
7.1. The Parking Citation Division can be contacted by
telephone at 765-4121. CITY shall be promptly notified
in the event 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.
7.2. Provide security of all data processing files in
accordance with established security policy standards and
guidelines.
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. The
terms "official" or "governmental 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. 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.
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.
a�
�J
10. NOTICES
All written notices, as provided
hand delivery or by U.S. mail,
requested, addressed as follows:
Mayor of the City of Tamarac
City Hall, 7525 N.W. 88 Avenue
Tamarac, Florida 33321; and
City Manager, City of Tamarac
City Hall, 7525 N.W. 88 Avenue
Tamarac, Florida 33321
herein, shall be effected by
certified, return receipt
Robert E. Lockwood, Clerk of Courts
. Broward County Courthouse
201 Southeast Sixth Street
Fort Lauderdale, Florida 33301
11. 1. This Interlocal Agreement shall be effective initially
for six (6) months from the date of appoval and exertion
by the CLERK. This Agreement shall be automatically
renewed for five (5) 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.
11. 2. This Agreement may be terminated by either party without
cause upon ninety (90) days written notice to the other
party.
IN WITNESS WHEREOF, the parties have made and executed this
Interlocal Agreement on the respective dates under each signature:
CITY OF TAMARAC through its Mayor and City Manager, signing by and
through its Mayor and City Manager authorized to execute same by
CITY action on the day of 19 ,
and ROBERT E. LOCKWOOD, CLERK OF COURTS, SEVENTEENTH JUDICIAL
CIRCUIT.
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C-I
INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND ROBERT E.
LOCKWOOD, CLERK OF COURTS SEVENTEENTH JUDICIAL CIRCUIT FOR
PROCESSING AND COLLECTION OF PARKING CITATIONS
ATTEST:
V
Jo P. Kelly By
C' y Manager Norman Abramowitz
Mayor
ATTEST:
Carol A. Evans
City Clerk
(CORPORATE SEAL)
STATE OF FLORIDA
Ft.
�/Coity:-
day of 19
APPROVED TO FORM* Alan F. R , City Attorney
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared NORMAN ABRAMOWITZ and JOHN P.
KELLY, Mayor and City Manager, respectively, of the City of
Tamarac, to me known to be the persons described in and who
executed the foregoing instrument, and they acknowledged before me
that they executed the same.
WITNESS my hand and off' ial seal in the State and County last
aforesaid this Lkja6play oft4, , 1991.
My commission expires:
NOTARY PUBLIC, STATE OF FLOWD& -6-
MY GogiMISSION EXPIRES: JUNE 26, 1991s
•ONDCO TNRU NOTARY PU•LIC UNOERWRITF,R•.
Notary Public
State of Florida
A
9 .0 � - 9 /- / 9 ? It
INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND ROBERT E.
LOCKWOOD, CLERK OF COURTS SEVENTEENTH JUDICIAL CIRCUIT FOR
PROCESSING AND COLLECTION OF PARKING CITATIONS
REH:wp
9/23/91
tamarac.a01
#91-254
ROBERT E. LOCKWOOD
CLERK OF COURTS
SEVENTEENTH JUDICIAL CIRCUIT
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day of , 19 .