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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. @BCL@300D8CCC.docx Page 1 of 2 75 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) @BCL@300D8CCC.docx Page 2 of 2 76 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: Page 1 77 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 78 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 Page 3 79 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 Page 4 80 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 Page 5 81 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 Page 6 COUNTY Traffic Violations Bureau 1351 NW 12th St., Suite 8500 Miami, Florida 33125 Attention: Sandra Bazile, Director 82 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. Page 7 83 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 c 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 74