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Home My WebLink About14-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 14-19 File Number: 2018-0772 FAYETTEVILLE DISTRICT COURT EQUIPMENT UPGRADES: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $25,000.00 RECOGNIZING REVENUE FROM THE COURT AUTOMATION FUND FOR UPGRADES TO THE SERVERS, SOFTWARE, COMPUTERS, AND RELATED TECHNOLOGY EQUIPMENT USED BY THE FAYETTEVILLE DISTRICT COURT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in amount of $25,000.00 recognizing revenue from the court automation fund for upgrades to the servers, software, computers, and related technology equipment used by the Fayetteville District Court. PASSED and APPROVED on 1/15/2019 Page 1 Attest: Sondra E. Smith, City ■��. GST Y 0;:9�� y • FAYE =l. �EVI��F� 1 NSP`'' tip. IN City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 _ 1 (479) 575-8323 F Text File File Number: 2018-0772 Agenda Date: 1/15/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 FAYETTEVILLE DISTRICT COURT EQUIPMENT UPGRADES: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $25,000.00 RECOGNIZING REVENUE FROM THE COURT AUTOMATION FUND FOR UPGRADES TO THE SERVERS, SOFTWARE, COMPUTERS, AND RELATED TECHNOLOGY EQUIPMENT USED BY THE FAYETTEVILLE DISTRICT COURT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in amount of $25,000.00 recognizing revenue from the court automation fund for upgrades to the servers, software, computers, and related technology equipment used by the Fayetteville District Court. N City of Fayetteville, Arkansas Page 1 Printed on 111612019 Dena Stockalper City of Fayetteville Staff Review Form 2018-0772 Legistar File ID 1/15/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/21/2018 Submitted By Submitted Date Action Recommendation: DISTRICT COURT (040) Division / Department Budget Adjustment approval for the Fayetteville District Court in the amount of $25,000.00 to recognize and appropriate revenue from the Court Automation Fund for automation and electronic equipment upgrades for Court servers, software, computers, and related technology equipment. 1010.040.0400-5210.00 Account Number 39012.901 Project Number Budgeted Item? Yes Budget Impact: General Fund District Court Automation Project Title Current Budget $ Funds Obligated $ 6,205.00 5,954.82 -- ...---- -- Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? Yes Budget Adjustment $ 25,000.00 Remaining Budget 25,250.18 —" V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: William A. Storey District JudgeAY FROM: Dena Stockalper, Chief C.leik � Keith Macedo, Information Tech661ogyri irector CITY COUNCIL MEMO DATE: December 14, 2018 SUBJECT: Budget Adjustment approval for the Fayetteville District Court in the amount of $25,000.00 to recognize and appropriate revenue from the Court Automation Fund for automation and electronic equipment upgrades for Court servers, software, computers, and related technology equipment. RECOMMENDATION: Budget Adjustment approval for the Fayetteville District Court in the amount of $25,000.00 to recognize and appropriate revenue from the Court Automation Fund for automation and electronic equipment upgrades for Court servers, software, computers, and related technology equipment. BACKGROUND: The current Court server was purchased in 2006 and needs to be upgraded to improve performance, reliability, and security. The Court server will be replaced by a new server, SQL database software, server operating systems, and related server management software. The remaining funds will be utilized to fund the 2019 Court Technology scheduled replacements which include five (5) desktop computers and two (2) printers. Remaining funds will be utilized to purchase miscellaneous technology equipment to support Court staff and Court operations which may include video security enhancements, desktop phone replacements, and computer peripherals. DISCUSSION: The Automation Fund is supported by Arkansas Statue 16-13-704 which allows the Court to collect monies from installment payments. The Fund is to be used solely for the District Court for technology equipment, automation equipment, and related training. BUDGET/STAFF IMPACT: Fund are available within the Court Automation Fund to purchase the referenced technology equipment. Attachments: Staff Review Form, Staff Review Memo, Arkansas Statute 16-13-704, Budget Adjustment Form Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CIRCUIT COURTS 16-13-704 V. rYp "ridiLures may be uiLido for indirect expr111,03 t`elaated to iirlple1ne1t`ttinn �i .tlL'W [Cliti. t related techl,ology, including overtime �`. persorillel or travel expenses, and technology - Pays related supplies. (cl A defmidant wino has been autliori xc d �y the court to pay a fine y u1atallments slzau be considered to have irrevnt'Klplipeps ai 'e�tng 1 ithe lerk s ar. of the court as his of, 11et.:Igent upon whorl ;dI her liability may be served, ant] the cleric shall fol•thwith notify the r, def") thereof by ordinary juail at his or her last known address. (d} ,Ability to lay" nicans that the resources of t110 cto pa lmrx e including all available income aild resources, are sufficient to gay the fine and provide the defendant and lois or her depGlxdents with a reasonable subsistence compatible with health and decency. History. Arts 1996. No.. 1262. § 3; 2001, i�ie1. TAOEIr § 13; 2003, No. 118.5. § 94; --m.9, No. 1765, § 10; 2005, No. 1934, § 7; 2009, No. 633, § B. publisher's Notes. Por text or section erfLIctive January 1., 2012. see the N110w- ing version. Amendments. The 2005 amendment added present (b)(2)(B), W(3)(13)(H) and (b)(3)(M :and (h)(3)(E) and made related cbunt;es; ili- aerted "circuit" twice in (h)(2)(A); substi- tuted "16-13-712" for "6-13-712" in (b)(3)(A); in (b)(3)(B)(i), inserted "collected in district court" "of the city in which the is district court is located" and "district'' twice; and inserted "of the county in which the district court is Located" in (b)(3)(C). The 2009 amendment, in (b), inserted "on the first day of each month" in (b)(1)(A), inserted. "arid shall be autho- ri)ucl .., Carlhnology rclatsd supplies" in (b)(2)(B)(i), deleted (b)(2)(13)(iii), which road: "Ali expenditures from the circuit cousl. automation fund shall be autho- rived, pursuant to the county accounting law, by the quorum court," inserted lb)(3XD)(ii) and (b)(2)(2)(ii), redesignated the renviining text or (b)(3)(D) 'and (b)(3)(E), and substituted "and paid, un- der state laws governing the appropria- tion and payment of county or municipal expenditures' for "pursuant to state ac- Wunting law" in (b)(31)(D)(i) and (b)(3){E)(i); and 'rade related and minor stylistic changes. Effective Dates. Acts 2003, No. 1185, § 94: Jan. 1, 2005, by its own terms. CASE NOTES Right to Appeal. City could not rely on the application of this section to claim that defendants' ap- peal had to be dismissed for the failure of defendants to pay an appeal bond be- cause, even though the court had the right to order installment payments, nothing in this section authorizes a district court to Glemand payment of the fine as a prereq- nishe for taking Hn Appeal to circuit court. Velok v. Shite, 364 Ark. 531, 222 S.W.3d 182 (2006). 16-13-704. Installment payments. [Effective January 1, 2012.] e (a)(1) if the court concludes that the defendant has the anility to pay Al" the fine, but that requiring the; defendant to make immediate payment i' in furl would cause a severe and undue hardship for the defendant and the defendant's dependents, the court mayauthorize payment of the fine by means of installment payments in accordance with this sub- chapter. (2)(A) When a court authorizes payment of a fine: by means of M!. ate disclosure installment payments, it shall issue, without a separ 16-13-704 PRACTICE, PROCEDURE, ANIS COURTS 200 hearing, an order that the fine be paid in full by a date certain and that in default of payment, the defendant must appear in court to explain the failure to pay. (B) In fixing the date of payment, the court shall issue an order ! which will complete payment of the fine as promptly as possible without creating a severe and undue hardship for the defendant and the defendant's dependents. (b)(1)(A) In addition to the fine and any other assessments autho- rized by this subchapter, an installment fee of five dollars ($5.00) per ' month shall be assessed on each person who is authorized to pay a fine on an installment basis. (B) This fee shall be collected in full each month in which a defendant makes an installment payment. 1 (C) This fee shall accrue each month that a defendant does not make an installment payment and the fine has not been paid in full. (2)(A)(i) One-half (1/2) of the installment fee collected in circuit court shall be remitted by the tenth day of each month to the Administra- tion of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration,, on a form provided by that office, for deposit in the Judicial Fine Collection Enhancement Fund established by § 16-13-712. (ii) The other half of the installment fee shall be remitted by the tenth day of each month to the county treasurer to be deposited in a fund entitled the circuit court automation fund to be used solely for circuit court -related technology. s (B)(i) Expenditures from the circuit court automation fund shall be approved by the administrative circuit judge of each judicial circuit. (ii) Funds in each county in a judicial circuit may be pooled for expenditure pursuant to a circuit -wide technology plan approved by the administrative circuit judge. (iii) All expenditures from the circuit court automation fund shall . be authorized, pursuant to the county accounting law, by the quorum court. s (3)(A) One-half ('/z) of the installment fee collected in district court shall be remitted by the tenth day of each month to the Administra- tion of Justice Funds Section, on a form provided by_ that section, for deposit in the Judicial Fine Collection Enhancement Fund estab- lished by § 16-13-712. (B) The other half' of the installment fee collected in district court shall be remitted by the tenth day of each month to the city treasurer of the city in which the district court is located to be deposited in a fund en[itled the district court automation fund to be used solely for j district court -related technology. ' (C) In any district court which is funded sole-ly by the county, the other half' of this fee shall be remitted by the tenth day of each 11.1onth to the county treas'uror of the county in which the district court is located 1:ir Ur deposited in the district court automation rued to be used solely for district court -related technology. 201 CIRCUIT COURTS 16-13-705 (D) Expenditures from the district court automation fund shall be approved by a district judge and shall be authorized, pursuant to state arvoLuiting law, by the governing body or, if applicable, govern- ing bodies which contribute to the expenses of a district court. (c) Any defendant who kris beei authorized by the court to pay a line by installfnents shall be rn.n aidurod to have irrevoc.ib.l,y appointed tlae clerk ol'the court as his or 11cr agent Upon whorn gill papers affectitig his or her liability xn.ay be scrved, and the clerk shtill fol-thwitlti notify Lhe defendant thereof by ordinary mait at his or her last lcnown address. (d) "Ability to pay" means -that the resources of the defendant, including all available income and resources, are sufficient to pay the fine and provide the defendant and his or liter, d.epe r deato with, a reasonable subsistence compatible with health and decency. History. Acts 1995, No. 1262, § 3; 2001, No. 1809, § 13; 2043, No. 1185, § 94; 2009, No. 1765, § 10; 2005, No. 1934, § 7; 2007, No. 663, § 32. Publisher's Notes. For text of section effective until January 1, 2012, see the preceding version. Amendments. The 2007 amendment deleted "or city court" following "district court" in (b)(3)(A); deleted former (b)(3)(B)(ii) and (b)(3)(E); and made re- lated changes. Effective Dates. Acts 2007, No. 663, § 66, as amended by Acts 2009, No. 345, § 7, provided: "(a) Sections 2 through 15 of this act are effective January 1, 2008. "(b) Sections 16 through 50 and 52 through 55 of this act are effective Janu- ary 1, 2012. "(c) Section 51 of Act 663 of 2007 is effective January 1, 2012, except: "(1) That portion of Section 51 ofAct 663 of 2007 that is referred to in Act 663 of 2007 as 16-17-933, establishing the Cleburne County District Court and de- partments of that court, codified as § 16- 17-936 is effective July 1, 2009; and "(2) That portion of Section 51 of Act 663 of 2007 that is referred to in Act 663 of 2007 as 16-17-950, establishing the St. Francis County District Court and depart- nleut9 of that court, codified as § 16-17- 954 is eiTe.ctive July 1, 2009." CASE NOTES Right to Appeal. City could not rely on tho aipplientiun of this section to claire that defendants' ap- peal had to be dismissed for Llre failure of defendants to pay an appeal Fond be- cause, even though the court had the right 16-13-705. Personal checks. to order installment payments, nothing in this section authorizes a di -strict courCto demand payment of the fine ax a prereq- uisite -Car taking an appeal to circuit court. Wick v. State, 364 Ark. 531, 222 S.W.3d 182 (2006). (a) The court shall accept personal checks drawn in the favor of a designated official, as provided in § 16-13-709, in payment of any fine or associated charge assessed by the court .if the person issuing the checic furnishes satisfactory proof of residence in this skate and if the Personal check is drawn on a banking institution located in this state. (b)(1) If any personal check offered in payment pursuant to this seciion is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the court or designated agency, may be imposed to recover processing nntl collection. costs. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number DISTRICT COURT (040) 2019 (BY) /Org2 Requestor: Dena Stockalper BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget Adjustment approval for the Fayetteville District Court in the amount of $25,000.00 to recognize and appropriate revenue from the Court Automation Fund for automation and electronic equipment upgrades for Court servers, software, and computers. RESOLUTION/ORDINANCE COUNCIL DATE: 12/21/2018 LEGISTAR FILE ID#: 2018-0772 Ke vi w Spv-&n.g v 12/26/2018 9:32 SIM Budget Director Date TYPE: D - (City Council) JOURNAL #: G LDAT E: CHKD/POSTED: TOTAL 25,000 25,000 v.20181210 Increase / (Decrease) Proiect.Sub,# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.040.0400-5210.00 25,000 1010.040.0400-4900.00 - 39012 901 EX Minor Equipment - 25,000 39012 901 RE Miscellaneous Revenue - base H:\Budget Adjustments\2019_Budget\City Council\01-15-2019\2018-0772 BA District Court Auto.xlsm lofl