AGREEMENT FOR LATENT FINGERPRINTS AND CRIME SCENE SERVICES (2)�
AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation
(hereinafter "CITY"), and JIM COATS, as Sheriff of Pinellas County, Flarida, (hereinafter
"SHERIFF") and agree as follows:
WHEREAS, the CITY desires to cantract 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, th� CITY desires ta cantract with the SHERIFF for crime scene services and
evidence and property storage for the CITY OF CLEARWATER Police Depa.rtment, and;
CITY;
WHEREAS, the SHERIFF has available personnel to perform such services far the
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 af 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 investigatian of criminal activity and the
apprehension of persons engaging in such activity;
NOW, THEREFORE, in consideration of the mutual covenants and pramises set forth
below, the parties hereto agree as follows:
1. LATENT PR1NT SERVICES
A. The SHERTFF 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 Sheriffls 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 fingexprint examinations for
the CITY eight (8) hours per day, five (S) days per week and shall as a part of their duties:
1. Examine fingerprints pravided by the CITY to eliminate fingerprints
of persons who have a legitimata reason to have their fingerprints in a
premise or on an object.
2. Evaluate the quality of latent fingerprints pravided by the CITY.
3. Campare the latent fingerprints of suspects provided by the CITY.
4. Apprapriately document those latent fingerprints provided by the
CITY that cannot be positively identified.
5. Prepare and provide to the CITY reports on al1 latent fingerprint
identifications perfarmed.
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:
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.
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3. Be responsible for the proper execution and delivery to the SHERIFF
af correctly executed latent fingerprint request forms.
4. Be responsible for the return to the CITY of completed latent
fingerprint request forms showing the results af such examination or
camparison.
5. Serve as the SHERIFF's contact with the CITY in all day-to-day
matters relating to the examination of 1at�nt fingerrprints pursuant to
this Agre�ment.
G. T'he CITY shall pay to the SHERIFF the sum of EIGHTY-NINE
THOUSAND ONE HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS ($89,184,00)
for the latent fingerprint services to be rendered pursuant to this Agreement.
2. FORENSIC SCIENCE SERVICES
A. The SHERI�F will provide to the CITY, upon request by the CITY,
Forensic Science Services to document, pracess and collect evidenc� at crime scenes within the
CITY. Said services sha11 include the phatographing or otherwise documenting said crime scene
as such may be apprapriate, within the scope and capabilities of the SHERIF�. 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 Ag,resm�nt.
C. The CITY shall pay to the SHERIFF the surn of TWQ HiJNDRED TWO
DOLLARS AND SEVENTEEN CENTS ($202.17) for each crime scene processed by the
SHERIFF for 1,200 calls for service during the period of this Agreement. For a11 requests far
service in excess of 1,200 calls far service during the period of this Agreement, the CITY shall
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pay to the BOARD the sum of TWO HLJNDRED TWO DOLLARS AND SEVENTEEN
CENTS ($202.17) for each crime scene processed pursuant to this Agreement.
D. The CITY shall pay to the SHERIFF the sum of TWO HLTNDRED
FORTY-TWO THOUSAND SIX HUNDRED FOUR DOLLARS AND NO CENTS
($242,604.00) for the 1,200 calls for service for the period of this Agreement.
E. Billing for requests for service in excess of 1,200 calls during the period of
this Agreement shall be invoiced monthly at the rate of TWO HiTNDRED TWO DOLLARS
AND SEVENTEEN CENTS ($202.17) per call.
F. Any funds from unused calls for service from FY 2011-2012 shall be
refunded ta the CITY as soan as is practical after the final month of this contract term has been
completed and the total number of ca11s for service determined.
G. The parties agre� that the term "call for service" as used herein shall be
defined as an incident, event or offense that requires a report or offens� number made, recorded
or taken by a xnember af the CITI' Police Departrnent for documentation purposes and which
requires some reportable actian 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 service
3. EVIDENCE AND PROPERTY SERVICE AND STORAGE
A. During the term of this Agreement, the SHERIFF agr�es to pravide to the
CTTY storage, release and disposition af all seized evidence, found property aiad property being
held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of
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Ordirzances within the SHERTFF's Evidence and Property Storage Facility, except for nan-
evidentiary bicycles and breath, bload or urine samples obtained from persans 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 ta and from the County lab
as determined by the CITY Palice 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 properiy or evidence are large, voluminous, heavy or otherwise not campatible with
transport by ordinary courier, it shall be the respvnsibility of the CITY Police Department ta
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 sha11 prevent the CITY frorn
retaining any of its evidence or other prop�rty as part of the CITY's inventory of property or
danated by the CITY to a qualified non-profit organization in accoardance with Florida law.
E. The CITY shall pay ta the SHERIFF the sum of NINETY-THREE
THOUSAND EIGHT HLTNDRED SEVENTY DOLLARS AND NO CENTS ($93,$70.Oq) for
the property and evidence service and storage. This cost is inclusive of personnel and storage
costs. Should the CITY submit more than 9,0�0 items during the term of this Agreement, the
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CTTY will be billed and agree to pay TEN DOLLARS AND FORTY-THREE CENTS ($10.43)
per item. Any funds not expen.ded in FY 2011-2012 because the number of items submitted is
less than the anticipated number shall be refund�d to the CITY as soon as is practical after the
final month of this contract temz has been completed and the total number of calls for service
determined.
4. PINELLAS JUVENILE ASSESSMENT CENTER PJAC
A. The SHERIFF and the CITY agree that PJAC is a collaborative effart
among the various Pinellas County entities for the centralized and efficient processing of
juveniles taken into custady by law enforcement officers countywide. The Pinellas County
Sherif�s Office has voluntarily been providing PJAC security services at its own expense for
many years without seeking contribution from other Pinellas County law enforcement agencies.
The parties agree that fiscal constraints prohibit the continuation of this practice on the part of
the SHERIFF.
B. The SHERIFF and the CTTY further agree that for the t�n of this
Agreement that the CITY shall pay for its share of the cost of security based upon the number of
juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of
69$ juveniles for the term of this Agreement, at a cost of FIFTY-EIGHT THOUSAND SIX
HUNDRED THIRTY-TWO DOLLARS AND NO CENTS ($58,632.00) reflecting a cost of
EIGHTY-FOUR DOLLARS AND NO CENTS ($84.00) per booking.
C. Billing for requests for service in excess of the 698 bookings during the
term of this Agreement shall be invoic�d at the rate of EIGHTY-FOUR DOLLARS AND NO
CENTS ($84.00) per booking.
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D. Any funds not expended in FY 2011-2012 because the number of
juveniles booked is less than the anticipated d98 shall be refunded to the CITY as soon as is
practical after the final month of this contract term has been completed and the total number of
juveniles booked has been deternuned.
5. TOTAL COMPENSATION
The CITY agrees to pay to the SHERIFF, on October 1, 2011, the sum of FOUR
HUNDRED EIGHTY-FOUR TH4USAND TWO HUNDRED NINETY DOLLARS AND NO
CENTS ($484,290.p0) which reflects the sum due for all services to be rendered during the term
of this Agreernent.
6. CONTACT PERSONS
The SHERIFF agrees to use best efforts and necessary resources available to the
SHERIFF ta carry out the terms and conditions of this Agreement. Both parties agree that they
wi11 caoperate and work together to cariy out the te�ms and conditions of the Agreement. To that
end, the parties agree that the following individuals shall be the contact persans for the CITY and
SHERIFF respectively.
FOR THE CITY
Anthony Holloway, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727)562-4242
7. TERMINATION
FOR THE SHERIFF
Director James Labonte
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6410
Either party may terminate this Agreement without penalty upon providing naticE
of such carxcellatian in writing thirty (30) days in advance of the date of terminatian. Upon such
termination, the SHERIFF shall retain such sums from the payment set forth above as reflect
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actual ca11s for service or property storage at the rate provided herein and shall refund the
remainder to the CITY.
8. COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding of the parties.
9. MODIFICATION
This Agreement may be modified or amended only by a document in writing
sign�d by the parties hereto.
10. ASSIGNMENT
Neither party shall assign any obligatians or r�sponsibilities under this Agreement
ta any third party.
11. INDEMNIFICATION
Each party shall be liable for the negligent acts or omissions of its own employees
in the performance of this Agreement. Nothing conta�ined herein shall be construed to limit or
modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the
sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to th� provisions of
Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the
indemnification provided her�in.
12. TERM OF AGREEMENT
This Agreement shall be for a period af one (1) year camm�ncing October 1,
2011, and concluding September 30, 2012.
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The parties agree that where the Ag�reement is not terminated as pravided far
above, the terms of this Agreement shall automatically continue far 120 days beyond September
30, 2012, in the event a replacement contract has not yet been completely executed. The CITY
shall pay to the SHERIFF the same sutn as is due for this Agreement on October 1, 2011, and the
parties agree that an increase in the annual cost of service, if any, shall be retroactively applied
for services ret�dered from October 1, 2012, through the dwration of the replacement contract,
and shall be paid by tlie CITY to the SHERIFF immediately for the services already pravided,
less any credits from this Agreement as provided herein.
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IN WITNESS WHEREOF the parties to this Agreernent have caused the same to be
signed by their duly authorized representatives this ol,�. day of �� 2011.
Countersigned:
/ i �i�' �
Approved as to form:
Assiatant ty Attorney
Apprav� as to form:
��_.._.
Depu Gen al Counsel
CITY �F CLEARWATER, FLORIDA
,c.Q2.u�.� �� �..�? ��--_
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City Manager
Attest:
SHERiFF OF FINELLAS C�UNTY, FLORTDA
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