AGREEMENT FOR ASSISTANCE IN EXAMINING LATENT FINGERPRINTS (2)G INAL
AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation
(hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter
"SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida,
(hereinafter "BOARD") 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, the CITY desires to contract with the SHERIFF for the provision of security
at the Juvenile Assessment Center; and
WHEREAS, both the CITY and the SHERIFF believe the provision of such services as
hereinafter described 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;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
below, the parties hereto agree as follows:
1. LATENT PRINT SERVICES
A. The SHERIFF shall provide to the CITY latent print examination and
analysis services.
B. Latent Print Examiners who perform these services shall be appropriately
trained and qualified to examine latent fingerprints and to identify same.
C. Said Examiners shall be members of the Pinellas County Sheriff's Office
and shall be subject to the direction and all rules and regulations of the SHERIFF.
D. Said Examiners shall be on duty to perform fingerprint examinations for
the CITY 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 that 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.
E. In those instances where the CITY submits a complex or lengthy latent
identification request, the SHERIFF shall devote the necessary available personnel to perform
the work.
F. 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:
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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.
G. The CITY shall pay to the BOARD the sum of NINETY-ONE
THOUSAND SEVEN HUNDRED TEN DOLLARS ($91,710.00) for the latent fingerprint
services to be rendered pursuant to this Agreement.
2. FORENSIC SCIENCE SERVICES
A. The SHERIFF will provide to the CITY, upon request by the CITY,
Forensic Science Services 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 but will be
facilitated by SHERIFF.
B. The SHERIFF shall provide to the CITY Police Department copies of all
crime scene reports generated by SHERIFF's personnel pursuant to this Agreement.
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C. The CITY shall pay to the BOARD the sum of TWO HUNDRED
DOLLARS AND NINETY-TWO CENTS ($200.92) for each crime scene processed by the
SHERIFF and shall guarantee a minimum of 1,500 calls for service during the period of this
Agreement. For all requests for service in excess of 1,500 calls for service during the period of
this Agreement, the CITY shall pay to the BOARD the sum of TWO HUNDRED DOLLARS
AND NINETY-TWO CENTS ($200.92) for each crime scene processed pursuant to this
Agreement.
D. The CITY shall pay to the BOARD the sum of THREE HUNDRED ONE
THOUSAND THREE HUNDRED EIGHTY DOLLARS ($301,3$0.00) for the 1,500 calls for
service for the period of this Agreement.
E. Billing for requests for service in excess of 1,500 calls during the period of
this Agreement shall be invoiced monthly at the rate of TWO HUNDRED DOLLARS AND
NINETY-TWO CENTS ($200.92) per call.
F. Any funds from unused calls for service from FY 2009/2010 shall be
applied towards next year's Agreement.
G. 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 Police Department for documentation purposes and which
requires some reportable 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 that results in a
request for services being deemed a call for services.
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3. EVIDENCE AND PROPERTY SERVICE AND STORAGE
A. During the term of this Agreement, the SHERIFF agrees to provide to the
CITY storage, release and disposition of all seized evidence, found property and property being
held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of
Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non-
evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of
operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall
be maintained by the Pinellas County Medical Examiner's Office.
B. The SHERIFF shall also transport drug items to and from the County lab
as determined by the CITY Police Department. The SHERIFF shall be responsible for
transporting all items of property or evidence as aforesaid from the CITY 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 Police Department to
transport such items to the SHERIFF's Evidence and Property Storage Facility.
C. The SHERIFF shall store and maintain chain of custody of all evidence
and other property in accordance with current general orders and SOPs.
D. All evidence and other property seized, found or held for safekeeping by
the SHERIFF for the CITY Police Department shall be disposed of in accordance with Florida
law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from
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retaining any of its evidence or other property as part of the CITY's inventory of property or
donated by the CITY to a qualified non-profit organization in accordance with Florida law.
E. The CITY shall pay to the BOARD the sum of ONE HUNDRED
THIRTY-FIVE THOUSAND SEVEN HUNDRED NINETY-ONE DOLLARS ($135,791.00)
for the property and evidence service and storage. This cost is inclusive of personnel and storage
costs.
4. PINELLAS JUVENILE ASSESSMENT CENTER (PJ.
A. The SHERIFF and the CITY agree that PJAC is a collaborative effort
among the various Pinellas County entities for the centralized and efficient processing of
juveniles taken into custody by law enforcement officers countywide. The Pinellas County
Sheriff's Office has voluntarily been providing PJAC security services at its own expense for
many years without seeking contribution from other Pinellas County law enforcement agencies.
The parties agree that fiscal constraints prohibit the continuation of this practice on the part of
the SHERIFF.
B. The SHERIFF and the CITY further agree that for the term of this
Agreement that the CITY shall pay for its share of the cost of security based upon the number of
juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of
682 juveniles for the term of this Agreement, at a cost of FIFTY-FOUR THOUSAND THREE
HUNDRED EIGHTY-NINE DOLLARS AND FIFTY CENTS ($54,389.50) reflecting a cost of
SEVENTY-NINE DOLLARS AND SEVENTY-FIVE CENTS ($79.75) per booking.
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C. Billing for requests for service in excess of the 682 bookings during the
term of this Agreement shall be invoiced at the rate of SEVENTY-NINE DOLLARS AND
SEVENTY-FIVE CENTS ($79.75) per booking.
D. Any funds not expended in FY 2009-2010 because the number of
juveniles booked is less than the anticipated 682 shall be applied towards next year's Agreement.
5. TOTAL COMPENSATION
The CITY agrees to pay to the BOARD, on October 1, 2009, the sum of FIVE
HUNDRED EIGHTY-THREE THOUSAND TWO HUNDRED SEVENTY DOLLARS AND
FIFTY CENTS ($583,270.50) which reflects the minimum sum due for all services to be
rendered during the term of this Agreement.
6. CONTACT PERSONS
The SHERIFF agrees to use best efforts and necessary resources available to the
SHERIFF to carry out the terns 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.
FOR THE CITY
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727) 562-4242
FOR THE SHERIFF
Major Dan Simovich
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6410
7. BUDGET
The BOARD hereby joins in the execution of this Agreement and said BOARD
agrees to amend the Pinellas County Sheriffs Office budget to provide these funds necessary to
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accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably
possible to insure that the purposes stated herein are fulfilled.
8. TERMINATION
Either party may terminate this Agreement without penalty upon providing notice
of such cancellation in writing thirty (30) days in advance of the date of termination. Upon such
termination, the SHERIFF shall retain such sums from the payment set forth above as reflect
actual calls for service or property storage at the rate provided herein and shall refund the
remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD 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 to the BOARD.
9. COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding of the parties.
10. MODIFICATION
This Agreement may be modified or amended only by a document in writing
signed by all the parties hereto.
11. ASSIGNMENT
Neither party shall assign any obligations or responsibilities under this Agreement
to any third party.
12. INDEMNIFICATION
Each party shall be liable for the negligent acts or omissions of its own employees
in the performance of this Agreement. Nothing contained herein shall be construed to limit or
modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the
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sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of
Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the
indemnification provided herein.
13. TERM OF AGREEMENT
This Agreement shall be for a period of one (1) year commencing October 1,
2009, and concluding September 30, 2010.
The parties agree that where the Agreement is not terminated as provided for
above, the terms of this Agreement shall automatically continue for 120 days beyond September
30, 2010, in the event a replacement contract has not yet been completely executed. The CITY
shall pay to the BOARD the same sum as is due for this Agreement on October 1, 2010, and the
parties agree that an increase in the annual cost of service, if any, shall be retroactively applied
for services rendered from October 1, 2010, through the duration of the replacement contract,
and shall be paid by the CITY to the BOARD immediately for the services already provided, less
any credits from this Agreement as provided herein.
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IN WITNESS 'WHEREOF the parties to this Agreement have caused the same to be
signed by their duly authorized representatives this ( day of CW,;r,)D4,t2009.
Countersigned:
Mayor
Approved as to form:
R4A" b J?ok
Assistant ty Attorney
Approved as to form:
Deput ral Counsel
,ATTEST:
LINBURKE, Clerk
?c
w: De Clerk
.: AEPOVED AS TO FORM:
County Attorney
CITY OF CLEARWATER, FLORIDA
SHERIFF OF PINELLAS COUNTY, FLORIDA
ads-
Ji oats, Sheriff
PINELLAS COUNTY, FLORIDA, By and
through its Board of County Commissioners
6a-
Chairperson
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