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LATENT FINGERPRINT AND CRIME SCENE SERVICES -. ~'" AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), EVERETT S. RICE, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida, and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter provided is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; and WHEREAS, this assignment of duties and responsibilities requires the concurrence of the Board of County Commissioners of Pinellas County, Florida, and said Board of County Commissioners approves and supports the plan and program set out in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: I. The SHERIFF shall provide to the CITY one full-time latent print examiner (hereinafter "Examiner"). Additionally, the SHERIFF shall provide to the CITY a second part-time latent print examiner who shall devote at least twenty-five percent (25%) of his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall be appropriately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiners shall be members of the Pinellas County Sheriffs Office and shall be subject to the direction and all rules and regulations of the SHERIFF. B. Said Examiners shall be on duty to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality of latent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identification. C. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall provide additional available personnel to assist the Examiners. D. The Examiners shall be available to assist SHERIFF's personnel in the examination of latent fingerprints in times of extreme need for such assistance. E. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed latent fingerprint request forms showing the results of such examination or comparison. 5. Serve as the SHERIFF's contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. II. The CITY shall pay to the Board of County Commissioners the sum of EIGHTY-EIGHT THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS AND 2 EIGHTEEN CENTS ($88,378.18) annually for the latent fingerprint services to be rendered pursuant to this Agreement. III. In addition to the Examiners described above: A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Specialists to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY. B. The SHERIFF will provide to the CITY, storage, release and disposal for all evidence and property, except bicycles, which may lawfully come into the possession of the CITY Police Department or which may be obtained as the result of crime scene processing. This includes the packaging and transportation of such items to and from a lab or other testing facility as determined by the CITY Police Department. The SHERIFF shall be responsible for obtaining routine items of property or evidence from the CITY OF CLEARWATER Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY OF CLEARWATER Police Department to transport such items to the SHERIFF's evidence and property storage facility. The CITY shall pay to the Board of County Commissioners the sum of FORTY- ONE THOUSAND FIVE HUNDRED SEVENTY-EIGHT DOLLARS AND NINETY- THREE CENTS ($41,578.93) annually for the evidence storage service. This cost is inclusive of salary for one property clerk and $2,000 for evidence storage supplies. C. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. D. The CITY shall pay to the Board of County Commissioners the sum of $151.99 for each crime scene processed by the SHERIFF and shall guarantee a minimum of 2,500 calls for service during this Agreement. For all requests for service in excess of 2,500 during the period of this Agreement, the CITY shall pay to the Board the sum of $'151.99 for each crime scene processed pursuant to this Agreement. The CiTY shall pay to the Board of County Commissioners the sum of THREE HUNDRED SEVENTY-NINE THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS ($379,975.00) for the 2,500 calls for service for the period of this Agreement. E. Billing for requests for service in excess of 2,500 calls during the period of this Agreement shall be invoiced monthly at the rate of $151.99 per call. 3 F. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY OF CLEARWATER Police Department for documentation purposes and which requires some action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. IV. The CITY agrees to pay to the Board of County Commissioners on October 1, 2004, the sum of FIVE HUNDRED NINE THOUSAND NINE HUNDRED THIRTY-TWO DOLLARS AND ELEVEN CENTS ($509,932.11) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. V. The BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY hereby joins in the execution of this Agreement to indicate its concurrence in the terms and provisions hereof and its support for the plan set out herein. Said board agrees to amend the Pinellas County Sheriffs Office budget to provide the funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably possible to insure that the purposes stated herein are fulfilled. VI. A. Either part may cancel this Agreement upon providing notice of such cancellation in writing thirty (30) days in advance of the date of cancellation. In consideration for and CITY's knowledge of SHERIFF hiring and training additional staff to manage the requirements of this Agreement, should CITY terminate this Agreement prior to September 30,2005, no funds will be reimbursed by the SHERIFF to the CITY. If the SHERIFF terminates the Agreement, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service at the rate provided herein and shall refund the remainder to the CITY. B. If the SHERIFF receives reimbursement from the BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY for any of the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the SHERIFF shall refund the prorated amount of any unused services. VII. This Agreement shall be for a period of one (1) year commencing October 1, 2004 and concluding September 30, 2005. VIII. SHERIFF agrees to use best efforts and necessary resources available to SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. 4 . FOR THE CITY Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 FOR THE SHERIFF Director Dan L. Wiggins P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6386 IX. This Agreement constitutes the full and complete understanding of the parties and may be modified or amended only by a document in writing signed by the CITY, the SHERIFF and the BOARD. DONE AND EXECUTED this e:< () day of r9~, 2004. CITY OF CLEARWATER, FLORIDA ~~13. ~~ City Manager Approved as to form: Attest: ~.C). r. SHERIFF OF PINELLAS COUNTY, FLORIDA EVERETT S. RICE, Sheriff A TTE$T: ~i , '.' - I....;t II ~~.(.ff~ De~LAKER, Clerk 'i~ ,:>'. .................._~ ~~:.\ . ........". :. .... J'~ . .:~:p~ Cler~/, .. )~,.i:,;: iii.. fI.e-, -,. ':.- /'''~y<( ....... AppR;hy~tl~,STO FORM: M~~ County Attorney PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners BY:~. -UJ~-::Vfd. l/J!.c- Chairperso 5