Agenda 07/28/2009 Item #16J10EXECUTIVE SUMMARY
Recommendation to approve an Integrated Criminal Justice Information System Cost -
Sharing Agreement with the Collier County Clerk of Circuit Courts, the Public Defender
for the Twentieth Judicial Circuit, the State Attorney of the Twentieth Judicial Circuit,
and the Chief Judge for the Twentieth Judicial and approve necessary budget amendment
in the amount of $600,000.
OBJECTIVE: To approve the Cost- Sharing Agreement with the parties involved in the Criminal Justice
Information System (CJIS) as applies to the Twentieth Judicial Circuit and use of the S2 Technology Fee
Revenue under Florida Statute §2824(12)(e) and approve a budget amendment for the acceptance of the
contribution by the Collier County Clerk of Courts.
CONSIDERATIONS: With the Article V Revisions, Section §2824(12)(e), Florida Statutes implemented a
service charge of S4, of which S2 is distributed to the County to be used exclusively for the court - technology
needs.
The County collected and transferred fees to the Clerk of Courts prior to the formal participation with CJIS for
support of an information system within Collier County.
The CJIS Consortium was created to coordinate the efforts of the five counties within the Twentieth Judicial
Circuit to create and maintain a multi - agency system for the electronic exchange of information to support the
functions of prosecution, defense, jail - booking information, discovery, pretrial diversion and case management.
it was determined by the Chief Jud <ce, State Attorney, and Public Defender, that an Agreement was needed to
define the use of the Technology Fee Revenues to the best benefit of all parties involved.
In November of 2008, the Chief Judge's Office; revieNved the draft of the Cost- Sharing Agreement with the
Collier Clerk of Court and incorporated suggested language changes. The Clerk recognized the need for
criminal system integration and offered to contribute $600,000 to the Court IT Fee Fund within 30 days of the
completion of this agreement to support the integrated sysi -m.
The Cost - Sharing Agreement has been executed by the Public Defender for the Twentieth Judicial Circuit, the
State Attorney of the Twentieth Judicial Circuit, :nd the Chief Judge ;'or the Twentieth Judicial.
There have been two attempts to obtain the Clerk's execution of the A- reement.
The revenues for this fund are 40% below budget and current year expenditures, including Collier County's
contribu, i ion to CJIS. are d °pendent uplan this transii.r. The current proposed i()re::ist for the Balance oft 7
2009 and proposed budget for 2010 are based upon receipt of these funds.
FISCAL IIVtiP.4Ci': Funds will be transferred from the Collies County Clerk of Courts to the Court IT Fee
Fund (178). Thic viii inrrP3ce t?,e Fond — ,a; },clan 1 ..
_ kj t1JG'
2009 and part of FY 2010.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact associated °w tfi this
request.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office,
is not quasi - judicial and requires no ea parte disclosure, requires only a majority vote for approval, and is
otherwise legally sufficient for Board action. —SRT
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to
sign the Integrated Criminal Justice Information System Cost - Sharing Agreement; respectfully request the Clerk
to complete the agreement; and authorize a budget amendment to accept the contribution of $600,000 from the
Clerk of Courts.
PREPARED BY: Mark Middlebrook, Senior Deputy Court Administrator
Item Number:
Item Summary
Meeting Date
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INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM COST - SHARING
AGREEMENT
This Agreement is made and entered into this day of 2009,
by and between the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political
subdivision of the State of Florida, hereinafter referred to as "County," COLLIER COUNTY CLERK
OF CIRCUIT COURTS, a Florida Constitutional Officer, hereinafter referred to as "Clerk ", the
PUBLIC DEFENDER FOR THE TWENTHIETH JUDICIAL CIRCUIT, a Florida Constitutional Officer,
hereinafter referred to as "Public Defender," the STATE ATTORNEY OF THE TWENTHIETH
JUDICIAL CIRCUIT, a Florida Constitutional Officer, hereinafter referred to as "State Attorney,"
and the CHIEF JUDGE FOR THE TWENTIETH JUDICIAL CIRCUIT, BY AND THROUGH THE
ADMINISTRATIVE OFFICE OF THE COURTS, hereinafter referred to as "Chief Judge."
Whereas, the Public Defender, State Attorney, and Chief Judge recognize the benefits of
coordinating efforts regarding technology needs on a circuit -wide basis and have created the
Criminal Justice Information System Committee, hereinafter referred to as "CJIS Consortium";
and
Whereas, the purpose of the CJIS project is to ensure a coordinated, cooperative and
mutually supportive effort in the development, maintenance, and operation of a computerized
system for collecting, storing, retrieving, and disseminating information necessary or
appropriate for the efficient daily operation of the various agencies comprising the Criminal
Justice System within the Twentieth Judicial Circuit commencing at the point of arrest
(specifically, arrest data input, prosecution and defense case management, pretrial
investigation, pretrial supervision, support for court case management and diversion processes
ardpublic; fety criminal caso N, retrieval capabilities;) and
Whereas, it is in the best interest of the County, the Clerk and the CJIS Consortium to
exchange and share information technology within the Twentieth Judicial Circuit to Improve the
efficiency and effectiveness of case management; and
Whereas, pursuant to Florida Statutes §§ 29.008(1)(f)2 and 29.008(1)(h), the County is
responsible for funding the technology needs of the CJIS Consortium members, as well as,
existing multiagency criminal justice information systems; and
Whereas, pursuant to Florida Statutes § 28.24(12)(e), a service charge of $4 is collected,
of r.,hich $2 is di"trik -utc,J the county 10 h � � ly I w u__i -------- -
- - rvi n...i� yc. ,,a ,� ruNr.c..+ v rc �.vwr�y 4 uc �.:�cu cn+:.rusi� cry 11V t 11c %vi.i rt-tGI. 11110lue''
of the Chief judge, State Attorney and Public Defender, hereinafter referred to as the
"Technology Fee "; $0.10 is distributed to the Florida Associatian of Court Clerks and
Comptroller, Inc.; and $1.90 is retained by the clerk to be deposited in the Public Records
Modernization Trust Fund to be used exclusively for funding court- related technology needs of
the clerk as defined in §§ 29.008(1)(f)2 and 29.008(1)(h); and
Whereas, pursuant to Florida Statutes §§ 163.01 et sea., the Florida Interlocal
Cooperation Act of 1069, a public agency of the State tray exercise jointly with any other public
agency of the State any power, privilege, or authority with which such agencies share in
common and which each might exercise separately;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. The 015 Consortium will draft and deliver a detailed annual budget that addresses the
needs of the entire Circuit, including a specification of the Collier county fair share of the costs,
F
or provision of integrated criminal justice information systems and multi- agency technology
costs required to support an efficient and integrated criminal justice process in the circuit, to
include the functions of prosecution, defense, electronic exchange of jail booking information,
eiectronic discovery, pretrial diversion and case -management. A fair and eOUitable cost - sharing
model will be used to determine the costs apportioned to each county.
2. The County will fund the annual budget amount apportioned to the County in an
account designated for the purposes of this contract, currently designated as "Court IT Fee
Fund (Fund 178) ".
3. Revenues collected from the Technology Fee will be used to fund the annual budget
request. Revenues collected in excess of the annual budget request will be set -aside in a Court
IT [..,, [ .J D.. F...F..4 L...al... (`IIC ('....... a•...... �r...... �.,,..•..__ �-i'
I t Fee I un.U1 Rose: ve o f uture use uy thew _ C-o .sor tiunn. 1 I everiue Co11eafor,s are U'e iciest
in any fiscal year, Court IT Fee Fund Reserves, if available, will be used to fund the deficit. It is
the intent of the Consortium to limit the annual budget request to availability of the
Technology Fee, however, there may be instances due to system rebuild, infrastructure
upgrades, etc., where T ec InGIGgy Fee coiiections and CoUri IT Fee Fund Reserves will be
deficient to cover the request. In those instances the County and CAS Consortium will meet to
discuss how to proceed with finding of the ,projects.
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4. In consideration of prior collections of the Technology Fee, collected by the County and
transferred to the Clerk for purposes as defined in Florida Statutes §§ 29.008(1)(f)2 and
29.008(1)(h) for the state trial courts, state attorney and public defender, and recognition of
the need for criminal system integration, the Collier Clerk of Court offers to provide, a
contribution to the Court IT Fee Fund of $600,000 within 30 days of this agreement to support
the Criminal system integration plan.
5. The County will directly procure those budget items that will be used exclusively by and
for the County. The County assumes ownership and Insurance liability of any assets purchased
directly by the County. Assets determined to be surplus by the CJIS Consortium shall be
returned to the County, except when the return of any proprietary software is prohibited by
collateral agreement or law.
6. At least annually, criminal justice technology budget items shared by the entire Circuit
will be billed to the County, and other participating counties.
7. All parties acknowledge that, on behalf of the CAS Consortium, either the Chief Judge,
State Attorney, Public Defender, or their designees are authorized to hire staff, procure goods
and enter into contracts for services including, but not limited to, computer hardware,
software, maintenance, licensing agreements and consulting contracts, as designated in the
annual budget. The contracts entered into by the Chief Judge, State Attorney, Public Defender,
or their designees with the written consent of the other parties shall be legally binding upon
the Chief Judge, Public Defender and the State Attorney.
8. The provisions of this Agreement shall be construed so as to efficiently effect the
purposes stated herein.
9. This Agreement shall be binding upon any subsequent successors in office. It may be
amended upon the concurrence of all parties and executed with the same formalities as this
Agreement. if any Court deems any provision of this Agreement void or unenforceable, all other
provisions shall remain in full force and effect, This Agreement may be terminated by any party
upon 30 days written notice to all other parties if there has been a material amendment to
Florida law concerning funding for court related technology needs.
10. None of the parties hereto shall be liable for any claims, damages, injuries, losses or
expenses arising out of or resulting from any act, omission or negligence of the others, the
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officers, employees or agents, related to the parties' respective authorities and responsibilities
under this Agreement.
IN WITNESS WHEREOF, the parties agree to the terms set forth herein.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
By:
Chairman of the BOCC of Collier County
COLLIER COUNTY CLERK OF COURT
By:
Dwight Brock, Clerk of Courts
STATE ATTORNEY FOR THE 20" JUDICIAL CIRCUIT
By:
Stephen B. Russell, State Attorney
PUBLIC DEFENDER FOR THE 20' JUDICIAL CIRCUIT
By: 1,
Kathleen A. Smith, Public Defender
CHIEF JUDGE OF THE 20TIl JUDICIAL CIRCUIT
ADMINISTRATIVE OFFICE OFT' OURTS
By:'
G. Keith Cary, Chief Judges
Rev 5/1/2009
0
ATTEST:
Dwight Brock, Clerk of Courts and
Clerk to the Board of County
Commissioners
By:
Deputy Clerk
APPROVED AS TO FORM:
By: �saa
Office of County Attorney
ATTEST:
By:
Witness
Printed Name
ATTEST:
Witness
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ATTEST:
WIM6�
Printed Name
ATTEST:
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