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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. fr Deborah S. Irby City Clerk Approved as to form and legal sufficiency: VIA, I ht/ rA Jos- / '. !Her ww Ci. Atto ;13, 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, Page 1 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). Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 6 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. Page 7 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 Page 8