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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-18831 35 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. oP 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 ?_ q1, /49 9 x 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, 0 it#?-9/ -too 8" 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. -2- • 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. =I= • Itp_ n _' 8•g ►, 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. -5- 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 -7- day of , 19 .