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CRIME SCENE SERVICES f~ .JII'l ~ 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 Pinellas 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 ,--, 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. 2 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. F. The CITY shall pay to the BOARD the sum of NINETY-EIGHT THOUSAND SIXTY-SIX DOLLARS AND EIGHTY CENTS ($98,066.80) 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 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. 3 . , 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 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 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 TWO HUNDRED FORTY THOUSAND AND NO CENTS ($240,000.00) 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 ONE HUNDRED SIXTY DOLLARS ($160.00) per call. F. Any unused calls for service from FY 2005/2006 shall be applied towards this 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 4 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. 5 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 FIFTY-FIVE THOUSAND THREE HUNDRED NINETEEN DOLLARS AND FORTY-FOUR CENTS ($55,319.55) for the evidence storage service. This cost is inclusive of salary for one property clerk and $15,200.55 for evidence storage. 4. TOTAL COMPENSATION The CITY agrees to pay to the BOARD, on October 1, 2006, the sum of THREE HUNDRED NINETY-THREE THOUSAND THREE HUNDRED EIGHTY-SIX DOLLARS AND THIRTY-FIVE CENTS ($393,386.35) 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. 6 " FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 6. BUDGET Director Dan L. Wiggins P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6103 The BOARD hereby joins in the execution of this Agreement and said BOARD agrees to amend the Pinellas County Sheriff's 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. 7 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 1,2006 and concluding September 30,2007. REMAINING PAGE BLANK 8 " p- ~ ' IN WITNESS WHEREOF the parties to this Agreement have caused the same to be signed by their duly authorized representatives this 10 day of HOO~.7 Countersigned: CITY OF CLEARWATER, FLORI DA ~~ 'MaYor-Commissioner Approved as to form: "\' " \\'.\'... .1.: AyTEST: .,,'...... (Jf~N.!3UR~E, Clerk L ~ " . ;"r\ .~~j. ."r?a )/BY~(, ~~ ~ . I ':i .. \ , (), '. . . . 1'1 r '".::~.,:ApPROVED AS TO FORM: ~~ . , u . . " . ~ ,.":.- , . I ,'," c. ',' d)~-~dJ- City Manager Attest: r Z. IFF OF PINELLAS COUNTY, FLORIDA PINELLAS COUNTY, FLORIDA, By and thfi h its Board of County Commissioners 9