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R10-092 .. I I RESOLUTION NO. RIO-On 2 3 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. 13 14 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 I 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 , 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 12 J- 13 14 Mayor - Jos 15 .- /)> 16 17 18 19 20 21 22 23 24 25 , 26 f , 27 TTEST: l 28 29 rn. ~ 30 31 32 33 34 35 36 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 1 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 2. 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. 3 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 4 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, 5 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. 6 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 7 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 7 Attachment A: Interlocal Agreement between BOCA RATON and PBSO 8 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