R10-092
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I RESOLUTION NO. RIO-On
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE CITY MANAGER AND CITY
7 CLERK TO EXECUTE A TRI-PARTY INTERLOCAL
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND THE CITIES OF BOCA RATON AND
10 DELRA Y BEACH FOR THE OPERA nON OF A PRE-
11 SCREENING DNA LABORATORY; AND PROVIDING
12 AN EFFECTIVE DATE.
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15 WHEREAS, the City of Boynton Beach Police Department investigates numerous
16 rimes where forensic evidence in the form of DNA is recovered; and
17 WHEREAS, Boynton Beach's Police Department submits approximately 700
18 equests each year for laboratory testing to the Palm Beach County Sheriffs Ot1ice (PBSO) in
19 n effort to identify persons connected with various crimes committed in our City.; and
20 WHEREAS, the PBSO crime lab is now overburdened with testing requests from
21 arious law enforcement agencies in the County resulting in a prioritization of cases with
22 NA samples and delays for most cases that can last many months or over a year; and
23 WHEREAS, the most labor intensive and time consuming process related to DNA
24 esting is determining if a suitable sample is present and extracting the sample and converting
25 t to its testable form which can be done by the pre-screening laboratory; and
26 WHEREAS. the City Commission of the City of Boynton Beach, upon
27 ecommendation of staff, deems it to be in the best interests of the residents and citizens of the
28 ity of Boynton Beach to approve and authorize the City Manager and City Clerk to execute
29 he tri-party lnterlocal Agreement between the City of Boynton Beach and the Cities of Boca
30 aton and Delray Beach for the operation of a pre-screening DNA laboratory.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
.\CC\WP\ResolutlOns\201O\Reso No. 10-092 - ILA with Boca Raton (DNA testing) doc
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I HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. Each Whereas clause set forth above is true and correct and
3 ncorporated herein by this reference.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
5 ereby approve and authorize the City Manager and City Clerk to execute the tri-party
6 nterlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and
7 I elray Beach for the operation of a pre-screening DNA laboratory, a copy of said Agreement
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8 s attached hereto as Exhibit "A".
9 Section 3. That this Resolution shall become effective immediately upon passage.
10 PASSED AND ADOPTED this 20th day of July, 2010.
II CITY OF BOYNTON BEACH, FLORIDA
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so No. 10-092 - ILA WIth Boca Raton (D~A tcstmgl.doc
R/O-OGJ~
INTER-LOCAL AGREEMENT
THIS AGREEMENT, made and entered into the date provided hereafter by and
between the City of Boca Raton, Florida, a municipal corporation organized and
existing under the laws of the State of Florida (hereinafter "BOCA RATON"), the
City of Delray Beach, Florida, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter "DELRAY BEACH"), and the
City of Boynton Beach, Florida, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter "BOYNTON BEACH"), and
collectively referred to as the "Parties".
WITNESSETH:
WHEREAS, the Parties to this agreement are authorized pursuant to the Florida
Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida
Statutes (hereinafter the "Act") to make efficient use of their respective powers,
resources, authority and capabilities by enabling them to cooperate on the basis
of mutual advantage and thereby provide the facilities and efforts identified
herein in the manner that will best utilize existing resources, powers and authority
available to each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which BOCA
RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective
powers, privileges and authority which they may separately, but which pursuant
to this Interlocal Agreement and the Act they may exercise collectively; and
WHEREAS, BOCA RATON has entered into an Interlocal Agreement with the
Sheriff's Office of Palm Beach County ("PBSO") relating to the construction and
operation of a Biology Processing Laboratory ("BPL") to be located at 6500
Congress Avenue in Boca Raton, Florida; and
WHEREAS, the BPL will provide certain services related to prescreening of DNA
sample evidence; and
WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA sample
evidence prescreened in the BPL will be given certain priority by the PBSO
Forensic Biology Unit ("FBU") in the event DNA analysis is warranted; and
WHEREAS, the Parties desire to pre-screen their respective DNA sample
evidence in the BPL in that the Parties determined that such common use will
better utilize municipal personnel and capital resources, increase the efficiency
and effectiveness of prescreening DNA sample evidence, and provide for shared
costs of personnel/operating expenses; and
WHEREAS, the Parties desire to enter into this Agreement to establish basic
parameters for the implementation, operation, and maintenance and future
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expansion of the BPL; and
WHEREAS, entering into this Interlocal Agreement is in the best interests of the
citizens of the Parties; and
NOW THEREFORE, in consideration of the premises, mutual covenants,
provisions and representations contained herein, constituting good and valuable
consideration, the Parties hereto agree as follows:
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement between
BOCA RATON, DELRAY BEACH, and BOYNTON BEACH in regard to the
operation of the Biology Processing Laboratory, located in the City of Boca
Raton, which shall provide for pre-screening of DNA sample evidence for the
parties.
Section 2. DEFINITIONS
2.1 "Pre-screening" shall mean the process by which evidence is evaluated by
an analyst to determine if there is usable and recoverable DNA in the
sample.
2.2 "Touch DNA evidence" shall mean DNA evidence that is left behind from
skin cells when a person touches or comes in contact with an item.
Section 3. ADMINISTRATION AND SERVICES
3.1. BOCA RATON will own, manage and operate the BPL and will provide
pre-screening of DNA sample evidence for DELRA Y BEACH and
BOYNTON BEACH, processing of DNA sample evidence for the
confirmation of blood and semen, determining through microscopic
analysis of hair if DNA analysis should be attempted, and swabbing items
for touch DNA evidence.
3.2. BOCA RATON shall be the sole operator of the BPL. The operations shall
include processing evidence for the confirmation of blood and semen,
determining through microscopic analysis of hair if DNA analysis should
be attempted, and swabbing evidence for touch DNA evidence.
3.3. Following pre-screening at the BPL, all DNA sample evidence will be
submitted to the PBSO Forensic Biological Unit for further DNA analysis.
Pursuant to the Interlocal Agreement between BOCA RATON and PBSO,
all evidence pre-screened at the BPL will be given priority for PBSO DNA
analyst assignment, as provided in such Interlocal, a copy of which is
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attached hereto as Attachment "A".
Section 4. IMPLEMENTATION OF BPL
4.1. BOCA RATON has entered into an interlocal agreement with PBSO
relating to the construction and operation of the BPL, under which PBSO
shall apply for a grant from the United States Department of Justice,
National Institute of Justice ("NIJ"), and under which BOCA RATON shall
be the sub-grantee of PBSO.
4.2. In the event the agreement between BOCA RATON and PBSO is
terminated or in the event the BPL is not constructed, this Interlocal
Agreement shall immediately terminate and BOCA RATON shall have no
further obligation to DELRAY BEACH or BOYNTON BEACH.
4.3. DELRAY BEACH and BOYNTON BEACH agree and understand that this
agreement is non-exclusive, and that BOCA RATON may enter into
additional agreements or amend this Interlocal Agreement to allow other
governmental agencies to utilize the BPL. In the event BOCA RATON
contracts with other governmental agencies, there shall be a
corresponding and proportional decrease in the amount of the user fee
and costs provided by DELRAY BEACH and BOYNTON BEACH, as set
out in paragraph 5.5 of this Agreement.
Section 5. BPL CENTER FOR OPERATIONS
5.1. The BPL shall be located at 6500 Congress Avenue, Boca Raton, Florida
in the City of Boca Raton 6500 Building.
5.2. The Parties agree that the BPL operation, equipment, personnel and
records will be maintained at the BPL.
5.3. DELRAY BEACH and BOYNTON BEACH agree to annually appropriate
and pay to BOCA RATON a fee, in an amount equal to a proportional
share of the costs to operate the BPL, as set forth in Section 5.4 of this
Agreement. DELRAY BEACH and BOYNTON BEACH agree to make an
annual payment to BOCA RATON for each of their proportional share of
the fee within 60 days of receipt of BOCA RATON's invoice showing the
proportional share due, as detailed.
5.4. The fee shall be determined by BOCA RATON, in its sole discretion,
through an annual calculation of the personnel costs, the cost of
equipment and supplies, the cost of maintenance, the cost of utilities, and
any other cost which is reasonably related to the operation of the BPL.
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5.5. The annual cost for all operational expenditures, as defined in 5.4, shall be
paid proportionately as follows:
BOCA RATON - 34 PERCENT
DELRAY BEACH - 33 PERCENT
BOYNTON BEACH - 33 PERCENT
5.6. The amount of each proportional fee to be paid by DELRAY BEACH and
BOYNTON BEACH for the first year of operation of the BPL shall be
$59,360.
5.7. Following the initial year of this Interlocal Agreement, the fee shall be
adjusted annually to reflect the proportional shares of the actual costs as
defined in paragraph 5.4 of this Agreement, but in no event shall the fee
be increased more than 10% per year.
5.8 DELRAY BEACH and/or BOYNTON BEACH'S right to receive services at
the BPL shall be immediately suspended if either fails to timely transmit to
BOCA RATON its proportional payment as required under this Agreement.
The suspension of the right to receive services at the BPL shall continue
through the date the full payment is received by BOCA RATON. If a
payment is not received by BOCA RATON within 60 days of the date of
the non-paying party's receipt of the invoice from BOCA RATON, then
BOCA RATON shall send to the non-paying party a notice of default. The
non-paying party shall thereafter also pay a 10% penalty on the past due
arrearages. If such past due arrearages plus the 10% penalty are not paid
in full within 30days of the date of notice of default, then BOCA RATON, in
its sole discretion, shall have authority to terminate this Agreement in
regard to the non-paying party.
Section 6. PERSONNEL AND OPERATIONS
6.1 BOCA RATON shall employ two Forensic Analysts trained by PBSO FBU.
personnel to work at the BPL.
6.2 BOCA RATON shall be solely responsible for the hiring, supervision and
evaluation and all aspects of employment for all personnel associated with
the BPL.
6.3 BOCA RATON shall be solely responsible for the maintenance and repair
of the BPL facility.
6.4 BOCA RATON shall be solely responsible for the operation of the BPL.
Section 7. RECORDS
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7.1 BOCA RATON shall be responsible for maintaining records of DNA
sample evidence submitted by DELRAY BEACH and BOYNTON BEACH
for the purpose of prescreening analysis in accordance with the PBSO
Forensic Biology Laboratory standards.
Section 8. DURATION AND TERMINATION
8.1. This Interlocal Agreement shall become effective upon being executed on
behalf of each party and filed with the City Clerks of BOCA RATON,
DELRAY BEACH and BOYNTON BEACH. This Interlocal Agreement
shall remain in effect for five years and may be extended for additional five
year terms upon written approval of the Parties.
8.2. DELRAY BEACH and BOYNTON BEACH agree that they shall not have
any right to terminate this Interlocal Agreement and shall not terminate this
Agreement for the period of two (2) years beginning from the date on
which the BPL begins prescreening evidence. Thereafter, any party may
terminate its participation in this Interlocal Agreement for any reason upon
one hundred eighty (180) days written notice to the other Parties. Upon
termination, the terminating Party shall have no rights or privileges under
this Agreement.
8.3. In the event BOCA RATON should terminate operation of the BPL, BOCA
RATON shall refund to DELRAY BEACH and BOYNTON BEACH the
portion of their paid annual fees, on a prorated basis, that were for the
time period between the date on which the BPL ceases operations and the
end of the annual period for which the fees were paid.
Section 9. DISPUTE RESOLUTION
9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved,
pursuant to the dispute resolution process contained in Florida Statute,
Section 163.
9.2 This Agreement shall be governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will be held in Palm
Beach County.
9.3 By entering into this Agreement, the parties expressly waive any right either
party may have to a trial by jury of any claim related to this Agreement.
Section 11. LIABILITIES AND INDEMNITY
11.1. Each PARTY to this Agreement shall be liable for its own actions and
negligence and, to the extent permitted by law, BOCA RATON shall be
responsible to DELRAY BEACH and BOYNTON BEACH for any actions,
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claims or damages arising out of BOCA RATON'S negligence In
connection with this Agreement, and DELRAY BEACH and BOYNTON
BEACH shall each be individually responsible to BOCA RATON or to the
other for any actions, claims or damages arising out of DELRAY BEACH
and BOYNTON BEACH'S negligence in connection with the Agreement.
The foregoing shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Florida Statute, Section 768.28, or of any defense
available to the PARTIES.
Section 12. AMENDMENTS
12.1. Amendments to this Interlocal Agreement shall be made by unanimous
consent of all the PARTIES in writing. In the event one or more additional
persons request to be a Party to this Agreement, the PARTIES agree that
an Amendment to this Agreement shall be required.
Section 13. EXECUTION OF AGREEMENT
13.1 This Agreement shall be executed on behalf of each Party by its
authorized representative pursuant to an appropriate resolution of the
respective local governmental unit. Each Party to this Agreement shall be
bound to the terms of this Agreement as of the date it is signed by that
Party.
Section 14. SEVERABILITY
14.1. The invalidity, illegality, or unenforceability of any prOVISion of this
Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement.
Any void or voidable provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and
enforced as if the Agreement did not contain the particular portion or
provision held to be void. The parties further agree to reform the
Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision. The
provisions of this section shall not prevent the entire Agreement from
being held void should a provision which is of the essence of the
Agreement be determined to be void by a court of competent jurisdiction.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
last date all signatures below are affixed.
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ATTEST: CITY OF BOCA RATON
By: By:
City Clerk Mayor Susan Whelchel
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
ATTEST: CITY OF DELRA Y BEACH
By: By:
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
ATTEST: CITY OF BOYNTON BEACH
By: By:
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
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Date: ~ ftO/1)
By: J~-~ ~
Name: Susan Whelchel
Title: Mayor
Approved as to Form and Legal Sufficiency:
B~iv ~ 11'~,4: I"
ity Attorney
CITVtOF
,
By: ~ BY~
Date:
APPROVED AS TO FORM AND
LE~~~~/C}; . :(
f}s ~ )-. . y Attorney
ATTEST: CITY OF~ BEACH
By: ~ -
q-/4-ID KURT 8RESSNt~
Date: CITY ~l~N~GtR t
BOYNTON BEACH. t
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Attachment A: Interlocal Agreement between BOCA RATON and PBSO
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
July 27, 2010
Susan Saxton
City Clerk
City of Boca Raton
201 West Palmetto Park Road
Boca Raton, FI 33432
Re: Resolution Rl0-092 Inter-Local Agreement for Biology Processing
Laboratory
Dear Ms. Saxton:
Attached for your handling are two original agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return the original
to the City Clerk's Office for further processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~Yn.~
J et M. Prainito, MMC
City Clerk
Attachments
(2 agreements & resolution)
tis
s: \ cc \ WP\AFTER COMMISSION\ Other Transmittal Letters After Commission \20 IO \R IO-092 ILA DNA LAB Boca,
Delray, Boynton.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
September 15, 2010
Chevelle D. Nubin, City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FI 33444
Re: Resolution RI0-092 Inter-Local Agreement for Biology Processing
Laboratory
Dear Ms. Nubin:
Attached for your information and use is an original of the executed agreement
mentioned above. Since the document has been fully executed, I have retained one
original for our Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~m.~
et M. Prainito, MMC
City Clerk
Attachment
(agreement)
tis
s: \ cc \ WP\AFTER COMMISSION \ Other Transmittal Letters After Commission \20 10 \RIO-092 Executed ILA DNA LAB
Boca, Delray, Boynton.doc
America's Gateway to the Gulfstream