AGREEMENT FOR ASSISTANCE IN EXAMINING LATENT FINGERPRINTS
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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, 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 Pine lias County and that such will facilitate the investigation
of criminal activity and the apprehension of persons engaging in such activity; and
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth below, the parties hereto agree as follows:
1. LATENT PRINT EXAMINER
A. The SHERIFF shall provide to the CITY one full-time latent print
examiner (hereinafter "Examiner"). Additionally, the SHERIFF shall provide to the CITY
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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
shall be appropriately trained and qualified to examine latent fingerprints and to identify
same.
B. 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.
C. 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 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.
D. 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.
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E. The Examiners shall be available to assist SHERIFF's personnel in
the examination of latent fingerprints in times of extreme need for such assistance.
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.
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 EIGHTY-NINE
THOUSAND FOUR HUNDRED EIGHTY-FOUR DOLLARS AND FORTY-THREE
CENTS ($89,484.43) for the latent fingerprint services to be rendered pursuant to this
Agreement.
2. FORENSIC SCIENCE SPECIALIST
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
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capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities
shall be at the expense of the CITY.
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.
C. The CITY shall pay to the BOARD the sum of ONE HUNDRED
SIXTY DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall
guarantee a minimum of 2,500 calls for service during the period of this Agreement. For
all requests for service in excess of 2,500 calls for service during the period of this
Agreement, the CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY
DOLLARS ($160.00) for each crime scene processed pursuant to this Agreement.
D. The CITY shall pay to the BOARD the sum of FOUR HUNDRED
THOUSAND DOLLARS AND NO CENTS ($400,000.00) 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 ONE HUNDRED
SIXTY DOLLARS ($160.00) per call.
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 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
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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.
3. EVIDENCE AND PROPERTY 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 SOP's.
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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 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 FORTY-ONE
THOUSAND SEVEN HUNDRED TWENTY-FOUR DOLLARS AND NINETY-THREE
CENTS ($41,724.93) for the evidence storage service. This cost is inclusive of salary
for one property clerk and $2,125 for evidence storage supplies.
4. TOTAL COMPENSATION
The CITY agrees to pay to the BOARD, on October 1, 2005, the sum of
FIVE HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED NINE DOLLARS AND
THIRTY-SIX CENTS ($531,209.36) which reflects the minimum sum due for all services
to be rendered during the term of this Agreement.
5. CONTACT PERSONS
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.
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FOR THE CITY
FOR THE SHERIFF
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727) 562-4242
Director Dan L. Wiggins
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6103
6. 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 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.
7 . CANCELLATION
Either party may cancel this Agreement without penalty upon providing
notice of such cancellation in writing thirty (30) days in advance of the date of
cancellation. Upon such cancellation, 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.
8. COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding of the
parties.
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9. MODIFICATION
This Agreement may be modified or amended only by a document in
writing signed by all the parties hereto.
10. ASSIGNMENT
Neither party shall assign any obligations or responsibilities under this
Agreement to 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 contained 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 the provisions of Chapter 768, Florida Statutes, nor shall any third
party receive any benefit whatsoever from the indemnification provided herein.
12. TERM OF AGREEMENT
This Agreement shall be for a period of one (1 ) year commencing October
1, 2005 and concluding September 30, 2006.
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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 /3 fL day of LJ.L~05.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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MaY"or-Commissioner
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City Manager
Approved as to form:
Attest:
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PINELLAS COUNTY, FLORIDA, By and
thro its Bo rd of County Commissioners
By:
City of Clearwater, Sheriff Jim Coats
Board of County Commissioners
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