R19-127 RESOLUTION NO. R19-127
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR TO SIGN A TRI-PARTY INTERLOCAL
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE CITIES OF BOCA RATON AND
9 DELRAY BEACH FOR THE OPERATION OF A
10 BIOLOGY PROCESSING LABORATORY(BPL)TO PRE-
11 PROCESS DNA SAMPLES PURSUANT TO CRIMINAL
12 INVESTIGATIONS; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, the City of Boynton Beach Police Department investigates numerous
17 crimes where forensic evidence in the form of DNA is recovered; and
18 WHEREAS, Boynton Beach's Police Department submits hundreds of requests each
19 year for laboratory testing to the Boca Raton BPL in an effort to identify persons connected
20 with various crimes committed in our City; and
21 WHEREAS, the most labor intensive and time consuming process related to DNA
22 testing is determining if a suitable sample is present and extracting the sample and converting
23 it to its testable form which can be done by the pre-screening laboratory; and
24 WHEREAS, the Boca Raton BPL has the capability to collect and analyze DNA
25 samples; and
26 WHEREAS, the City Commission of the City of Boynton Beach, upon
27 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
28 City of Boynton Beach to approve and authorize the Mayor to sign the tri-party Interlocal
29 Agreement between the City of Boynton Beach and the Cities of Boca Raton and Delray Beach
30 for the operation of a Biology Processing Laboratory (BPL)to pre-process DNA samples.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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34 Section 1. Each Whereas clause set forth above is true and correct and incorporated
35 herein by this reference.
36 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
37 approve and authorize the Mayor to sign the tri-party Interlocal Agreement between the City of
38 Boynton Beach and the Cities of Boca Raton and Delray Beach for the operation of a Biology
39 Processing Laboratory (BPL) to pre-process DNA samples, a copy of said Agreement is
40 attached hereto as Exhibit"A".
41 Section 3. That this Resolution shall become effective immediately upon passage.
42 PASSED AND ADOPTED this J J`2day of Atgvewvtle.ys 2019.
43 CITY OF BOYNTON BEACH, FLORIDA
44
45 YES NO
46
47 Mayor— Steven B. Grant ✓
48
49 Vice Mayor—Justin Katz
50
51 Commissioner—Mack McCray ✓
52
53 Commissioner—Christina L. Romelus
54
55 Commissioner—Ty Penserga ✓
56
57
58 VOTE $-0
59
60 ATTEST:
61
62
634741
64 C stal Gibson, MMC
65 City Clerk
67
68
69 (Corporate Seal), 1020
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INTERLOCAL AGREEMENT
THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and
entered into , 20 , 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"), 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 entered into an interlocal agreement with the
Palm Beach County Sheriff's Office ("PBSO") relating to the construction and
operation of a Biology Processing Laboratory ("BPL"), which was thereafter
constructed at the City facility located at 6500 Congress Avenue in Boca Raton,
Florida; and
WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA
sample evidence prescreened in the BPL is given certain priority by the PBSO
Forensic Biology Unit in the event DNA analysis is warranted; and
WHEREAS, on March 8, 2016, the Parties entered into an interlocal
agreement to provide for pre-screening of their respective DNA sample evidence
in the BPL because such common use would better utilize municipal personnel
and capital resources and increase the efficiency and effectiveness of
prescreening DNA sample evidence,
WHEREAS, the prior interlocal agreement between the Parties
established the terms and conditions for the operation of the BPL and provided
for shared costs of personnel/operating expenses; and
WHEREAS, the BPL is currently in operation and used by the Parties, but
the existing interlocal agreement between the Parties will expire on
; and
WHEREAS, the Parties desire to enter into a new Interlocal Agreement in
order to continue the operation of the BPL and to provide terms and conditions
for the continued operation and maintenance 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
continued operation and maintenance of the BPL, located at 6500 Congress
Avenue in the City of Boca Raton, which is currently providing, and shall continue
to provide, 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 PROVIDED
3.1. BOCA RATON shall own, manage and operate the BPL.
3.2. The BPL shall provide the following services: pre-screening of DNA
sample evidence, processing of DNA sample evidence for the
confirmation of blood and semen, and swabbing items 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 pursuant to a separate agreement between PBSO and
BOCA RATON.
Section 4. AGREEMENT NON-EXCLUSIVE
4.1. 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 annual fee
paid by BOCA RATON, DELRAY BEACH and BOYNTON BEACH which
is identified in paragraph 5.5 of this Agreement.
Section 5. BPL CENTER FOR OPERATIONS
5.1. The BPL shall continue to be located at 6500 Congress Avenue, Boca
Raton, Florida.
5.2. The BPL equipment and records will be maintained by BOCA RATON at
the BPL.
5.3. DELRAY BEACH and BOYNTON BEACH shall annually appropriate and
pay to BOCA RATON an annual fee, in an amount equal to a proportional
share of the costs to operate the BPL. BOCA RATON shall provide an
invoice to DELRAY BEACH and BOYNTON BEACH each year for the
annual fee and DELRAY BEACH and BOYNTON BEACH shall make the
annual payment to BOCA RATON within sixty (60) days of receipt of
BOCA RATON's invoice.
5.4. The total annual 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.
5.5. The annual fee shall be paid proportionately as follows:
BOCA RATON
DELRAY BEACH
BOYNTON BEACH
-34
PERCENT
-33
PERCENT
-33
PERCENT
5.6. The annual fee to be paid by DELRAY BEACH and BOYNTON BEACH
for the first year of this Agreement shall be $66,200.00, which shall be
paid within sixty (60) days of the effective date of this Agreement.
5.7. Following the initial year of this 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. However, it is not expected that the fee
will increase more than 10% per year.
5.8 DELRAY BEACH and/or BOYNTON BEACH'S right to receive services at
the BPL pursuant to this Agreement 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 30 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 15 days 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 only.
Section 6. PERSONNEL AND OPERATIONS
6.1 BOCA RATON shall employ and train two Forensic Analysts 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
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 Biology
Processing Laboratory standards.
7.2 DELRAY BEACH and BOYNTON BEACH agree to provide BOCA
RATON with case dispositions for any items processed through the BPL
as they become available.
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. In the event the agreement between BOCA RATON and PBSO providing
priority to BPL pre-screened evidence is terminated, BOCA RATON shall
have the authority, in its sole discretion, to terminate this Interlocal
Agreement upon thirty (30) days written notice to DELRAY BEACH and
BOYNTON BEACH, and in the event BOCA RATON terminates this
Interlocal Agreement pursuant to this subsection, Boca Raton shall have
no further obligation to DELRAY BEACH or BOYNTON BEACH.
8.3. BOCA RATON, DELRAY BEACH, or BOYNTON BEACH may terminate
participation in this Interlocal Agreement for any reason upon one hundred
eighty (180) days written notice to the other Parties. In the event either
DELRAY BEACH or BOYNTON BEACH terminate participation, this
Interlocal Agreement shall continue, in BOCA RATON's sole discretion,
subject to re -calculation of the annual fee in section 5.5 between the
remaining parties. In the event BOCA RATON terminates its participation,
this Agreement shall terminate in its entirety.
Section 9. DISPUTE RESOLUTION
9.1 Disputes under this Interlocal Agreement may be resolved by a meeting of
the Parties' authorized representatives. If such authorized representatives
are unable to reach a resolution and any of the Parties believe the issue is
of sufficient merit, the Parties shall select a mediator acceptable to all
Parties to conduct a non-binding mediation of the issues involved and
make a recommendation regarding resolution of the issue. The Parties
agree to be responsible for their respective costs and fees incurred during
the mediation and that they shall pay the mediator's fees and costs in
equal amounts. If the non-binding mediation is also unsuccessful, the
dispute shall be resolved pursuant to dispute resolution process contained
in Florida Statute, Section 164.
9.2 This Agreement shall be governed by the laws of the State of Florida. Any
legal action to enforce the Agreement will be filed in Palm Beach County.
In any litigation brought to enforce the terms of this Interlocal Agreement,
each party shall bear its own costs and attorney's fees incurred in
connection therewith.
9.3 BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY
WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION OR 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, the Parties and their
respective officers and employees shall not be deemed to assume any
liability for the acts, omissions and negligence of another party. Nothing
herein shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of any
defense available to the Parties as set forth in Florida Statutes, Section
768.28 or any other provisions of Florida law.
Section 12. AMENDMENT OF THIS AGREEMENT
12.1. Amendments to this Interlocal Agreement shall be made by unanimous
consent of all the Parties in writing.
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.
Section 15. NOTICES
15.1 Any notice given pursuant to the terms of this Agreement shall be in
writing and done by Certified Mail, Return Receipt Requested. The
effective date of such notice shall be the date of receipt, as evidenced by
the Return Receipt. All notices shall be addressed to the following:
As to BOCA RATON:
City Manager, City of Boca Raton
201 W. Palmetto Park Rd.
Boca Raton, FL 33432
With copy to:
Chief of Police
100 NW Boca Raton Blvd.
Boca Raton, FL 33432
As to DELRAY:
As to BOYNTON BEACH:
Section 16: FILING
A copy of this Agreement shall be filed by BOCA RATON with the Clerk of
the Circuit Court in and for Palm Beach County.
Section 17: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of
the constitutional or statutory duties of any party.
Section 18: FORCE MAJEURE
Any party delayed by a Force Majeure Event, as defined herein, in
performing under this Agreement shall use reasonable efforts to remedy
the cause or causes of such Force Majeure Event. A delay due to a Force
Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of
utility service, or labor dispute.
Section 18: CONSTRUCTION
No party shall be considered the author of this Agreement since the parties
hereto have participated in extensive negotiations and drafting and
redrafting of this document to arrive at a final agreement. Thus, the terms
of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any
section, paragraph, sentence, clause, or provision hereof is held by a court
of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and
effect.
Section 19: NO THIRD PARTY BENEFICIARY
No provision of this Agreement is intended to, or shall be construed to,
create any third party beneficiary or to provide any rights to any person or
entity not a party to this Agreement, including but not limited to any citizen
or employees of any party.
Section 20: ASSIGNMENT
No party may assign, mortgage, pledge, or encumber this Agreement in
whole or in part, without prior written consent of the other party, which may
be granted or withheld at the other party's absolute discretion. This
provision shall be construed to include a prohibition against an assignment,
mortgage, pledge, encumbrance or sublease, by operation of law, legal
process, receivership, bankruptcy, or otherwise, whether voluntary or
involuntary.
Section 21: SEVERABILITY
If any term of the Agreement or the application thereof to any person or
circumstance shall be determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of the Agreement, or the
application of such term to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and
each term of the Agreement shall be valid and enforceable to the fullest
extent permitted by law.
Section 22: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute
one and the same agreement.
Section 23: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval of all Parties.
and shall become effective only when signed by all Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
Attest:
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY -
M
City Attorney
CITY OF BOCA RATON
M
Mayor
ATTEST:
M
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
M
CITY OF DELRAY BEACH
Name:
Title: Mayor
ATTEST:
By:
APPRC
LEGAL
in
AS F8RM AND
=1 N CY
CITY BOY O AH
By. �'
Name: filen Q, eTyrr4
Title: Mayor