HomeMy WebLinkAboutReso 2022-3352RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE
COUNTY CLERK OF COURTS FOR CONTINUED PART1CIPATION IN THE UNIFORM
DIGITAL PARKING CITATION ISSUING SYSTEM, ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID INTERLOCAL AGREEMENT,
AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Clerk's Office ("Clerk") is vested with the
intergovernmental jurisdiction to manage the Traffic Violations Bureau ("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 in coordination with all Miami -Dade County cities and other
agencies has proposed to integrate the systems of various entities; and
WHEREAS, the Clerk intends to provide e -citation integration services ("Clerk's System")
at no expense to the City of Sunny Isles Beach ("City"), and will operate an electronic citation
integration server ("System") for use by the TVB; and
WHEREAS, the City desires to be a part of the Clerk's System; and
WHEREAS, the City Commission endeavors to provide their citizens with the best possible
traffic enforcement services supported by up-to-date technology and wishes to approve an
Interlocal Agreement with the Miami -Dade Clerk of Courts for continued participation in the
Uniform Digital Parking Citation Issuing System, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, AS FOLLOWS:
Section 1. Approval of Interlocal Agreement. The City Commission hereby approves the
Interlocal Agreement with the Miami -Dade Clerk of Courts for continued participation in the
Uniform Digital Parking Citation Issuing System, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said Interlocal Agreement, and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
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ATTEST:
A-, A
t
PASSED AND ADOPTED this 1611 day of June 2022.
Dana Robin Goldman, Mayor
MaLkicio'Betanirur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
AE ward A. Dion, City Attorney
Moved by: �'� �'�% �(1��' u' `^ " V �� `�dhded by: tX
Vote:
Mayor Goldman
��
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
/Yes)
(No)
Commissioner Stuyvesant
y- (Yes)
(No)
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AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this day of
( ,`2-OZZy 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 Sunny Isles Beach, under the State of Florida, (hereinafter referred to as the "CITY").
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 various entities; and
WHEREAS, the CLERK'S OFFICE intends to provide e -citation integration services at no
expense to the CITY, 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 desires to be a part of the CLERK'S OFFICE e -citation integration
server; and
WHEREAS, the CLERK'S OFFICE and the CITY both endeavor to provide their citizens
with the best possible traffic enforcement services supported by up-to-date technology,
NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the
CLERK'S OFFICE and the CITY do hereby agree to fully and faithfully abide by and be bound by
the following terms and conditions:
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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
The CITY 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/AGENCY agrees to abide
by all guidelines set forth in the Miami -Dade County Clerk's Office E -Citation
Process Interface Control Document Version 6.1 or higher (herein referred to as the
"ICD") 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 limited to violation codes tables, etc.) the city/agency agrees to make all
necessary changes within 24 hours and to download all changes to agency
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equipment.
8. Once the offices of a City/Agency provide e -citations thru the "SYSTEM", all signed
paper follow-up citation copies, required pursuant to F.S. 318.14(2) will be filed with
a transmittal sheet (as provided in the ICD). This e -citation 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/Agency 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 the
City/Agency 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 subject
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to F.S. 318.14(2), in a separate transmittal where it is clearly indicated "E -
CITATION 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 submitted must be of sufficient thickness to uniformly pass
through standard scanners without curling.
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 cannot 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 black ink.
B. Automated Barcode Requirements:
1. The barcode must be of good quality to be read by standard barcode readers.
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 barcode 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
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by nine elements. An inter -character gap separates each character. Start and stop
characters are depicted as asterisks (*) and are used to delineate barcode. The barcode
is preceded and followed by quite 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 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 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 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/AGENCY
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida
Attention: Stan Morris, City Manager
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COUNTY
Traffic Violations Bureau
1351 NW 12th St., Suite 8500
Miami, Florida 33125
Attention: Sandra Bazile, Director
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ARTICLE FIVE
Settlement of Disputes
The parties agree that the Clerk of Courts shall be the administrator of this AGREEMENT, 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'S obligations hereunder are not assignable. The CITY shall not assign, transfer,
pledge, hypothecate, surrendeK, 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
Mnrlifiratinnc
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 SUNNY ISLES BEACH
CLERK OF COURTS
A
HARVEY RUVIN, OK
OF COURTS STAN MORRIS, C Y M AGER
ATTEST: ATTEST.
I
84
� •P6O� S
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or SOLA "
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Edward Santiago, Chief of Police
DATE: June 16, 2022
RE: Interlocal Agreement with Miami -Dade Clerk of Courts
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach would like to enter into an Interlocal Agreement with the Miami -Dade
County Clerk's Office for e -citation (electronic traffic citation) integration services. This agreement will
allow the the Police Department to operate an electronic citation integration server for use by the
Office of the Clerk. The integration of the server with the Clerk's Office is needed to transmit the
electronic records which will enhance the productivity of the entire citation submittal process.
ATTACHMENTS:
Resolution
Interlocal Agreement
Item Number: 10.6
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