Agenda 09/15/2009 Item #16J11
Agenda Item No. 16J11
September 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve an Integrated Criminal Justice Information System Cost-
Sharing Agreement with the Public Defender for:' the Twentieth Judicial Circuit, the State
Attorney of the Twentieth Judicial Circuit, and the Chief Judge for the Twentieth Judicial
Circuit by and through the Administrative Office of the Courts.
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 $2 Technology Fee
Revenue under Florida Statute s28.24(12)(e).
CONSIDERATIONS: With the Article V Revisions, Section ~28.24(12)(e), Florida Statutes implemented a
service charge of $4, of which $2 is distributed to the County to be used exclusively for the court-technology
needs.
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 Judge, State Attorney, and Public Defender, that an Agreement was needed to
,....-~fine the use of the Technology Fee Revenues to the best benefit of all parties involved.
FISCAL IMP ACT: The annual expenditures associated with this Cost-Sharing Agreement are included in the
budget for the IT Fee Fund (178).
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact associated with this
request.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office
and is a legally sufficient, regular agenda item only requiring a majority vote for approval-BRT
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to
sign the Integrated Criminal Justice Information System Cost-Sharing Agreement.
PREPARE>> BY: Mark Middlebrook, Senior Deputy Court Administrator
",-
Agenda Item No. 16J11
September 15, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J11
Recommendation to approve an Intergrated Criminal Justice Information System Cost-
Sharing Agreement with the Public Defender for the Twentieth Judicial Circuit, the State
Attorney of the Twentieth Judicial Circuit, and the Chief Judge for the Twentieth Judicial
Circuit by and through the Administrative Office of the Courts.
Meeting Date:
9/15/2009 90000 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 8/12/200911 :25 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/11/2009 1 :45 PM
Approved By
Scott R. Teach Assistant County Attorney Date
County Attorney County Attorney Office 8/11/20092:03 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 8/18/20098:41 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 8/26/20093:31 PM
Commissioners
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Agenda Item No, 16J 11
September 15, 2009
Page 3 of 6
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 ofthe State of Florida, hereina.fter referred to as "County," 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 an d diversion processes
and public safety criminal case history retrieval capabilities;) and
Whereas, it is in the best interest of the County 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 99 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 9 28.24(12)(e), a service charge of $4 is collected,
of which $2 is distributed to the County to be used exclusively for the court-technology needs
. .
Agenda Item No. 16J 11
September 15, 2009
Page 4 of 6
of the Chief Judge, State Attorney, and Public Defender, hereinafter referred to as the
"Technology Fee"; $0.10 is distributed to the Florida Association 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 99 29.008(1)(f)2 and 29.008(1)(h); and
Whereas, pursuant to Florida Statutes 99 163.01 et seQ., the Florida Interlocal
Cooperation Act of 1969, a public agency of the State may 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 mutua.1 covenants contained herein, the
parties agree as follows:
1. The CJIS 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,
for 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,
electronic discovery, pretrial diversion and case management. A fair and equitable 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 ofthe annual budget request will be set-aside in a Court
IT Fee Fund Reserve for future use by the CJIS Consortium. If revenue collections are deficient
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 Technology Fee collections and Court IT Fee Fund Reserves will be
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A.genda Item No. 16J 11
September 15, 2009
Page 5 of 6
deficient to cover the request. In those instances the County and CJIS Consortium will meet to
discuss how to proceed with funding of the projects.
4. 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.
5. At least annually, criminal justice technology budget items shared by the entire Circuit
will be billed to the County, and other participating counties.
6. All parties acknowledge that, on behalf of the CJIS 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.
7. The provisions of this Agreement shall be construed so as to efficiently effect the
purposes stated herein.
8. 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.
9. 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
officers, employees or agents, related to the parties' respective authorities and responsibilities
under this Agreement.
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Agenda Item No. 16J11
September 15, 2009
Page 6 of 6
IN WITNESS WHEREOF, the parties agree to the terms set forth herein.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY
ATTEST:
Dwight Brock, Clerk of Courts and
Clerk to the Board of County
Commissioners
By:
By:
Chairman of the BOCC of Collier County
Deputy Clerk
APPROV~O.;rRM:
By: ifRj~
Office of County Attorney
STATE ATTORNEY FOR THE 20TH JUDICIAL CIRCUIT
ATTEST:
By:
~~'~~J~
Step en B. Russell, State Attorney
~ .
Witness:'b~ tl _ 1-:;____
Printed Nam~t~W;'t,j E\J.5 ~,j
PUBLIC DEFENDER FOR THE 20TH JUDICIAL CIRCUIT
By: 5.0ft./tlM &nlJ-
Kathleen A. Smith, Public Defender
ATTEST:
Witness~ (iJa-JM-
Printed Name1ii by 05rG~
CHIEF JUDGE OF THE 20TH JUDICIAL CIRCUIT
ADMINISTRATIVE OFFICE OF THE COURTS
By:
ATTEST:
Witness: .,J.I..:J.4~ J4.)
Printed Nam~WAIlJ ,~ L.A."\...
Rev 7/23/2009
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