Miami-Dade Legislative Item
File Number: 130785
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File Number: 130785 File Type: Resolution Status: Adopted
Version: 0 Reference: R-447-13 Control: Board of County Commissioners
File Name: OFFICE OF CRIMINAL CONFLICT RE: E-NOTIFY SYSTEM Introduced: 4/23/2013
Requester: Information Technology Department Cost: Final Action: 6/4/2013
Agenda Date: 6/4/2013 Agenda Item Number: 9A2
Notes: TLL- 4/23/2013 Title: RESOLUTION RATIFYING LETTER AGREEMENT WITH OFFICE OF CRIMINAL CONFLICT TO PROVIDE ACCESS TO COUNTY E-NOTIFY SYSTEM
Indexes: NONE
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 6/4/2013 9A2 Adopted P

Public Safety & Animal Services Committee 5/15/2013 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee proceeded to vote.

County Attorney 4/23/2013 Assigned Oren Rosenthal 4/23/2013

County Mayor 4/23/2013 Assigned County Attorney 6/4/2013
REPORT: ITD (ASST. COUNTY ATTY: OREN ROSENTHAL) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: CMSR HEYMAN)

County Mayor 4/23/2013 Assigned Ed Marquez 4/26/2013 4/23/2013

Legislative Text


TITLE
RESOLUTION RATIFYING LETTER AGREEMENT WITH OFFICE OF CRIMINAL CONFLICT TO PROVIDE ACCESS TO COUNTY E-NOTIFY SYSTEM

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board, pursuant to Section 2-9 and 2-10 of the Code of Miami-Dade County, Florida ratifies the attached Letter Agreement which provides access to the County’s e-Notify System to the Office of Criminal Conflict and Civil Regional Counsel Third Region of Florida under the same terms and conditions as the Office of the Public Defender as stated in the e-Notify Memorandum of Understanding R-709-07, with the exception of the right to have representation on the e-Notify Steering Committee.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Ratifying Letter Agreement with the Office of Criminal Conflict to Provide Access to County e-Notify System

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board), pursuant to Section 2-9 and 2-10 of the Code of Miami-Dade County, Florida, ratify the Letter Agreement executed by the County to provide the Office of Criminal Conflict and Civil Regional Counsel Third Region of Florida with access to the County’s e-Notify System.

Scope
The impact of this item is countywide in nature.

Fiscal Impact/Funding Source
There is no fiscal impact for this item.

Track Record/Monitor
The Information Technology Department manages the MOU with the State Attorney’s Office, Public Defender’s Office, Clerk of Courts, Administrative Office of the Courts, and the Miami-Dade County Association of Chiefs of Police on behalf of all other County departments.

MANAGER'S BACKGROUND
Background
In May of 2007, through Resolution R-709-07, the Board approved a Memorandum of Understanding to establish the terms under which Miami-Dade County, State Attorney’s Office, Public Defender’s Office, Clerk of Courts, Administrative Office of the Courts, and the Miami-Dade County Association of Chiefs of Police (Association) would use and oversee the e-Notify System for the automated management of subpoenas and court notifications for law enforcement agencies. The County would be responsible for the support of the e-Notify System and the Association would be responsible for the yearly cost of maintaining the software license. All agencies represented by the Association would have access to and use of the e-Notify System.

In February 2012 the Office of Criminal Conflict and Civil Regional Counsel, Third Region of Florida contacted the Information Technology Department and requested access to the County’s e-Notify System. This agency works directly with the Public Defender’s Office but it is not one of the user agencies listed in the original MOU. After consulting with the Association and the County Attorney’s Office, it was agreed that this agency qualified as a “user agency” under the terms of the MOU by working directly with the Public Defender’s Office.

After receiving authorization from the Association, the County Attorney’s Office prepared the attached Letter Agreement pursuant to Section 2-9 and 2-10 of the County Code for addition to the original MOU. Section 2-9 and 2-10 of the Code allows the County Mayor to enter into contracts on behalf of this County with municipalities and other governmental units for joint performance with the County for a period not to exceed one year without ratification by the Board of County Commissioners. The Letter Agreement became effective upon the approval signature by both the County Mayor or the County Mayor’s designee and the Chief Administrative Director of the Office of Criminal Conflict and Civil Regional Counsel, Third Region of Florida in August of 2012.

It is recommended that the Board retroactively grant authorization for the Office of Criminal Conflict and Civil Regional Counsel, Third Region of Florida to access the County’s e-Notify System under the same terms and conditions as the Office of the Public Defender in the MOU, with the exception of the right to have representation on the e-Notify Steering Committee. The Office of Criminal Conflict and Civil Regional Counsel, Third Region of Florida agrees to comply with all obligations in the MOU otherwise applicable to the Office of the Public Defender including but not limited to the indemnification provisions of Article 10.


Attachments





_____________________________
Edward Marquez
Deputy Mayor



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