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AGREEMENT
THIS INTERLOCAL AGREEMENT is made :and entered into as of this ~ /?' day of
~~ ~ , 2010, 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 MIAMI BEACH, a Florida Municipal Corporation, 1700 Convention Center Drive, Miami
Beach, Florida 33169, (hereinafter referred to as the "CITY").
WITNESSETI~:
WHEREAS, the 1Vliami-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 Miami Beach 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, by and through the Miami Beach Police Department, desires to be a
.part of the CLERK' S OFFICE e-citation integration server; and
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WHEREAS, the CLERK'S OFFICE and the CITY both endeavor o 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:
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.
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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.
b.. 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).
ARTICLE TWO
Responsibilities of the City of.Miami Beach, by and through,
the Miami Beach Police Department
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 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.
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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 aback-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 equipment.
8. Once the officers of the CITY 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 or the vendor that supplied
such system, to be compliant with any changes required by the SYSTEM.
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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 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 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.
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A. CITY "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. l l" 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 301b 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 Smm 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-
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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 by quiet zones. A check character is
optional. Code 3 of 9 supports 26 uppercase letters, l 0 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 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:
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CITY
City of Miami Beach
Attn: Jorge M. Gonzalez
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
And
City of Miami Beach Police Department
Attn: Michael Gruen
Planning and Research Manager
1100 Washington Avenue
Miami Beach, Florida 33139
ARTICLE FIVE
CLERK"S OFFICE
Traffic Violations Bureau
Attn: Mirna Fernandez, Director
1351 NW 12th St., Suite 8500
Miami, Florida 33125
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/mediationperfod, 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
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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 assignable. The CITY may 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.
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
CLERK O O RTS
BY: / 1~n.~
HARVL~'RUVIN, 1xRK OF URTS
ATTEST.
CITY OF MIAMI BEACH, FLORIDA
BY:
A RA B WER
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
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