HomeMy Public PortalAbout11-8176 Agreement with MDC Clerk of Courts Sponsored by: City Manager
RESOLUTION NO. 11-8176
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF OPA-
LOCKA POLICE DEPARTMENT AND THE MIAMI-DADE
COUNTY CLERK OF COURT'S OFFICE TO OVERSEE THE
COLLECTION, THE DISBURSEMENT OF TRAFFIC
VIOLATION REVENUES AND THE PROCESSING OF ALL
TRAFFIC COURT RELATED DOCUMENTS FOR THE CITY
OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Commission of the City of Opa-locka desires to enter into an interlocal
agreement, for inclusion in the Miami-Dade County Clerk's Office program for implementation of the e-
citation integration server system; and
WHEREAS, Miami-Dade County Clerk's office has such a system and has proposed to integrate
the systems of the various entities; and
WHEREAS, other municipalities in Miami-Dade County have entered into similar agreements
with Miami-Dade County Clerk's Office; and
WHEREAS, the City of Opa-locka City Commission desires to enter into an Interlocal
Agreement with the Miami-Dade County Clerk's Office for processing all traffic court related documents.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby approves the
Interlocal Agreement between the City Of Opa-locka Police Department and the Miami-Dade County
Clerk of Court's Office to oversees the collection, the disbursement of traffic violation revenues and the
processing of all traffic court related documents in for the City of Opa-Locka in substantially the form
Resolution No. 11-8176
attached hereto as Exhibit "A", and authorizes the City Manager to execute all necessary documentation
which may be required.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12TH DAY OF January,2011.
YRA , AYLOR
MAYOR
Attest to.
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Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
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Moved by: Commissioner Holmes
Seconded by: Vice Mayor Johnson
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
1321421 vi
AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this day of
, by and between MIAMI-DADE COUNTY CLERK OF COURTS, a political subdivision of the
State of Florida (hereinafter referred to as the"CLERK'S OFFICE") and the CITY OF OPA-LOCKA
POLICE DEPARTMENT , under the State of Florida, (hereinafter referred to as the
"CITY OF OPA-LOCKA POLICE DEPARTMENT").
WITNESSETH:
WHEREAS, the Miami-Dade County Clerk's Office is vested with the intergovernmental
jurisdiction to manage the Traffic Violations Bureau(herein referred to as the"TVB"),which oversees the
collection, the disbursement of traffic violation revenues, and the processing of all traffic court related
documents; and
WHEREAS,in order to capture revenue lost due to illegibility or issue error,as well as to enhance
productivity,the Clerk's Office in coordination with all Miami-Dade County cities and other agencies has
proposed to integrate the systems of the various entities; and
WHEREAS,the CLERK'S OFFICE intends to provide e-citation integration services at no expense
to the CITY OF OPA-LOCKA POLICE DEPARTMENT, and will operate an electronic citation
integration server(hereinafter referred to as the"SYSTEM") for use by the Office of the Clerk(Traffic
Violations Bureau); and
WHEREAS, the CITY OF OPA-LOCKA POLICE DEPARTMENT desires to be a part of the
CLERK'S OFFICE e-citation integration server; and
WHEREAS,the CLERK'S OFFICE and the CITY OF OPA-LOCKA POLICE DEPARTMENT
both endeavor to provide their citizens with the best possible traffic enforcement services supported by up-
to-date technology,
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NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the
CLERK'S OFFICE and the CITY OF OPA-LOCKA POLICE DEPARTMENT do hereby agree to fully
and faithfully abide by and be bound by the following terms and conditions:
ARTICLE ONE
Responsibilities of the Miami-Dade County Clerk's Office
The CLERK'S OFFICE agrees to:
1. Implement and maintain the e-citation integration server, which will allow cities/agencies to
transfer all e-citation and attendant document data.
2. Ensure that once the SYSTEM has been tested and is fully operational,the CLERK'S OFFICE will
make satisfactory arrangements to ensure that the components of the integration server will be
serviced when necessary.
3. Provide trained and qualified personnel to operate the SYSTEM at the Clerk's Technical Services
Division and provide support to the cities/agencies on a five(5)days a week,8 hours a day basis(9
A. M. -5 P. M.)
4. Designate a person (hereinafter referred to as "Project Manager") who will be responsible for
handling the SYSTEM, administer the SYSTEM and handle all technical issues arising out of,
under,or in connection with the SYSTEM,including but not limited to:processing change orders
and modifications to the system;coordinating implementation,installation and maintenance of all
equipment necessary to the satisfactory operation of the SYSTEM;and addressing all business and
technical issues.
5. Designate a person, (herein referred to as "Operational Liaison") within the Traffic Violations
Bureau,who will be responsible for addressing operational and procedural related issues.
6. The Operational Liaison and/or Project Manager will communicate with "Agency Liaison"
regarding required system updates and modifications (i.e.: violation code tables updates, etc).
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ARTICLE TWO
Responsibilities of the CITY OF OPA-LOCKA POLICE DEPARTMENT
The CITY OF OPA-LOCKA POLICE DEPARTMENT agrees to:
1. Utilize the CLERK'S OFFICE e-citation integration server and any upgrade(s)thereto,to transmit
tickets and related documents within the five(5)days required by F.S. 316.650.
2. Maintain all functional records and accounts that relate to the SYSTEM(including but not limited
to system and officer log-in and log-out, starting and ending citation for each officer and shift,
citation transmittal sheets, and data upload and download records) in accordance with Generally
Accepted Accounting Principals (GAAP), and provide the CLERK'S OFFICE access to said
accounts and records for auditing purposes for the duration of the AGREEMENT. The CITY OF
OPA-LOCKA POLICE DEPARTMENT agrees to abide by all guidelines set forth in the Miami-
Dade County Clerk's Office E-Citation Process Interface Control Document(herein referred to as
the"ICD")Version 5.7 or higher,and hereby made a part of this agreement. (see Attachment A.)
3. Utilize the SYSTEM and participate in the program as instructed by the CLERK'S OFFICE and as
fully as possible during the terms of this AGREEMENT.
4. Operate all components of the SYSTEM in full compliance with all operational manuals,rules,and
regulations of the CLERK'S OFFICE, and the TERMS AND CONDITIONS of the CLERK'S
OFFICE (see Attachment A)
5. Notify the CLERK'S OFFICE immediately regarding the failure of any components of the
SYSTEM.
6. Provide a designated person along with a back-up person(herein referred to as"Agency Liaisons")
for communication with the CLERK'S OFFICE, the CLERK'S TECHNICAL SERVICES
DIVISION, and/or the TVB; and to communicate and train officers on proper issuance and
transmission of electronic citations.
7. Once contacted by the Clerk's Office, regarding modifications to the ICD (including but not
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limited to violation codes tables etc.)the City of Opa-locka Police Department agrees to make all
necessary changes within 24 hours and to download all changes to agency equipment.
8. Once the offices of a City of Opa-locka Police Department provide e-citations thru the
"SYSTEM",all required and signed paper follow-up citation copies will be filed with a transmittal
sheet(as provided in the ICD). This e-citations transmittal will be separate from handwritten non-
electronic citations,and will be clearly marked as"E-CITATION FOLLOW-UP COPY". The
e-citation follow-up copies will NOT be processed as the charging document; it will only be
placed in the court file.
9. Select and purchase or build a traffic e-citation issuance system that is compliant with the
requirements outlined in Attachment A.
10. Modify the traffic e-citation issuance system,either by the City of Opa-locka Police Department or
the vendor that supplied such system,to be compliant with any changes required by the SYSTEM.
11. Test the integration between the traffic e-citation issuance system and the SYSTEM for a period of
10 business days or until such time as the Clerk's Office and City of Opa-locka Police Department
agree to process transactions in a production environment.
12. Understand that a citation that is rejected by the SYSTEM will not have a case file opened. The
rejected citation must be corrected within the traffic e-citation issuance system and resubmitted to
the SYSTEM.
13. Acknowledge that if a Law Enforcement Agency (LEA) uses automated citations but those
citations are NOT electronically transmitted then,the e-citation paper must be filed with the Clerk
of Courts in a separate transmittal where it is clearly indicated "NOT ELECTRONICALLY
TRANSMITTED".These citations must conform to requirements specified below(see sections A
& B) regarding bar code, paper size, and paper quality. Information on citations must be
standardized following Florida Uniform Traffic Citation(FUTC) format.
14. If a LEA uses automated citations that are electronically transmitted, the electronically filed e-
citation will be the officially filed charging document.The follow-up paper copies of the e-citation,
which will contain the defendant and officer signatures,and fingerprint if necessary,must be filed
with the Clerk of Courts in a separate transmittal where it is clearly indicated "E-CITATION
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FOLLOW-UP COPY". These citations must conform to requirements specified below (see
sections A&B)regarding bar code,paper size,and paper quality.Information on citations must be
standardized following FUTC format.
A. Agency"E-CITATION FOLLOW-UP COPY"Paper Requirements:
Automated Paper Citations,submitted as follow-up copies(#14 above),or as interim FUTC's(#13
above) must adhere to the following specifications:
1. Size--Preferably the size of current Florida Uniform Traffic Citation, which is 8.5" by
4.25"We cannot accept sizes smaller than this. However,we do accept citations in 8.5"by
11"format in which the front of the citation is printed on the left panel and the back of the
citation is printed on the right panel, per the Florida Highway Patrol (FHP) standard.
2. Ream Weight= 15 to 30 lb paper.
3. Thermal Paper of any kind is not acceptable as it curls, fades and cannot be scanned
reliably.
4. All documents/papers (carbonless, etc) must be rubber roller safe - Ingredients used in
paper and ink should not interact chemically with rubber - essentially they should be
chemically inert.)
5. Leading edge of paper documents exiting printing devices can not curl up more than 3mm
or curl down more than 5mm over a 30mm span from the edge of the paper.
6. All print must be in black ink.
B. Automated Barcode Requirements:
1. The barcode must be of good enough quality to be read by standard barcode scanners.
2. Clerk's Office Standard Code is 3 of 9 (also known as"code39"or "USD-3") - Current
"de-facto" Standard with a 3:1 ratio Code 3 of 9 is an alphanumeric, self-checking,
variable-length bar code that uses five black bars and four white bars to define a character.
Three bars are wide and six are narrow. A character is represented by nine elements. An
inter-character gap separates each character. Start and stop characters are depicted as
asterisks(*)and are used to delineate the bar code.The bar code is preceded and followed
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by quiet zones.A check character is optional.Code 3 of 9 supports 26 uppercase letters, 10
digits, and 7 special characters which include: - . $/+% (space).
ARTICLE THREE
Right to Offset
If the CITY OF OPA-LOCKA POLICE DEPARTMENT fails to meet any of its obligations as set
forth in this AGREEMENT and as determined by the CLERK'S OFFICE, and after notice to the
delinquent CITY OF OPA-LOCKA POLICE DEPARTMENT and the providing of thirty(30)days
to meet its obligations,if the CLERK'S OFFICE incurs costs,expenses or damages as a result of
such failure,the CLERK'S OFFICE,in addition to any other remedies,reserves the right to offset
any sums due the CITY OF OPA-LOCKA POLICE DEPARTMENT from any traffic ticket
revenue source in an amount equal to the CLERK'S OFFICE expenses.
ARTICLE FOUR
Correspondence
It is understood and agreed that any official notices that result from or are related to this
AGREEMENT must be in writing and shall only be considered delivered when done so by
certified mail to:
CITY OF OPA-LOCKA POLICE DEPARTMENT
COUNTY
City of Opa-locka Traffic Violations Bureau
2495 Ali Baba Avenue 1351 NW 12th St., Suite 8500
Opa-Locka, Florida 33054 Miami,Florida 33125
Attention: ,City Manager Attention: Manuel Carames,Director
cc: , Chief of Police
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ARTICLE FIVE
Settlement of Disputes
The parties agree that the Clerk of Courts shall be the administrator of this AGREEMENT, but
that all questions,difficulties and disputes,of whatever nature,which may arise under or by reason
of this AGREEMENT and the rendering of services and performance of obligations hereunder,
shall be subject to the parties'obligation to mutually discuss and/or mediate any such matters that
may arise within thirty(30)days of a request by either party to resolve any pending matter or issue.
Following the expiration of the thirty(30)day discussion/mediation period,nothing contained in
this AGREEMENT shall prevent either party from seeking relief through a court of competent
jurisdiction.
ARTICLE SIX
Terms of the Agreement
The term of this AGREEMENT shall be for an initial period of three (3) years, with automatic
renewals each year thereafter. However, this AGREEMENT may be terminated by either party
hereto by providing the other party with thirty(30)days advance written notice. All of its terms
and conditions shall remain in full force and effect until such time that the AGREEMENT is
terminated or modified by mutual consent or either party.
ARTICLE SEVEN
Assignments
The CITY OF OPA-LOCKA POLICE DEPARTMENT obligations hereunder are not assignable.
The CITY OF OPA-LOCKA POLICE DEPARTMENT shall not assign, transfer, pledge,
hypothecate,surrender,or otherwise encumber or dispose of its rights under the AGREEMENT,or
any interest in any portion of same, without the prior written consent of the CLERK'S OFFICE,
which consent will not be unreasonably withheld.
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ARTICLE EIGHT
Complete Agreement
No representations or warranties shall be binding upon either party unless expressed in writing
herein.
ARTICLE NINE
Modifications
This AGREEMENT may not be altered,changed or modified except by or with the written consent
of the parties and the Clerk of Courts as AGREEMENT administrator.
MIAMI-DADE COUNTY,FLORIDA CITY OF OPA-LOCKA POLICE DEPARTMENT
CLERIC OF COURTS
•
BY: BY:
HARVEY RUVIN, CLERK OF COURTS CITY MANAGER
ATTEST: ATTEST:
CITY CLERK
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