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R15-154 1 RESOLUTION NO. R15 -154 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 i CITY MANAGER TO SIGN A TRI -PARTY 71 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 8 1 BOYNTON BEACH AND THE CITIES OF BOCA 9 RATON AND DELRAY BEACH FOR THE OPERATION 10 OF A BIOLOGY PROCESSING LABORATORY (BPL) 11 TO PRE- PROCESS DNA SAMPLES; AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City of Boynton Beach Police Department investigates numerous 16 crimes where forensic evidence in the form of DNA is recovered; and 17 WHEREAS, Boynton Beach's Police Department submits approximately 700 18 requests each year for laboratory testing to the Boca Raton BPL in an effort to identify persons 19 connected with various crimes committed in our City; and 20 WHEREAS, the most labor intensive and time consuming process related to DNA 21 testing is determining if a suitable sample is present and extracting the sample and converting 22 it to its testable form which can be done by the pre - screening laboratory; and 23 WHEREAS, the Boca Raton BPL has the capability to collect and analyze DNA 24 samples; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon 26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 27 City of Boynton Beach to approve and authorize the City Manager and City Clerk to execute 28 the tri -party Interlocal Agreement between the City of Boynton Beach and the Cities of Boca 29 Raton and Delray Beach for the operation of a Biology Processing Laboratory (BPL) to pre- 30 process DNA samples. 31 32 S: \CC \WP\Resolutions\2015\R15 -154 - ILA_with_Boca_Raton_(DNA testing)(2015).doc 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. Each Whereas clause set forth above is true and correct and 36 incorporated herein by this reference. 37 Section 2. The City Commission of the City of Boynton Beach, Florida does 38 hereby approve and authorize the City Manager and City Clerk to execute the tri -party 39 Interlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and 40 Delray Beach for the operation of a Biology Processing Laboratory (BPL) to pre - process DNA 41 samples, a copy of said Agreement is attached hereto as Exhibit "A ". 42 Section 3. That this Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this 15 day of December, 2015. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor — Jerry Taylor 49 50 Vice Mayor — Joe Casello ✓ 51 52 Commissioner — David T. Merker 53 54 Commissioner — Mack McCray ' 55 56 Commissioner — Michael M. Fitzpatrick 57 58 591 VOTE L - D 60; 61 ATTEST: 62 63 65 J. ra.° MC 66 ! /' e 681 01 69 P e 70 (c0 " S: \CC \WP \Reso utions\2015 \R15 -154 - ILA_ with_ Boca_ Raton _(DNA _testing)(2015).doc R t5 -1s4 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 operation of a Biology Processing Laboratory BPL" located at 6500 Congress Avenue in 9 Y 9 rY " ("BPL") g Boca Raton, Florida; and WHEREAS, the BPL provides 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 re- screen their respective DNA sample P P 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 i enter into this Agreement o e establish basic WHEREAS, the Parties desire to e ter nto t s to s bas parameters for the implementation, operation, and maintenance and future 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 in return for providing pre- screening of DNA sample evidence for DELRAY BEACH and BOYNTON BEACH, processing of DNA sample evidence for the confirmation of blood and semen 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 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 attached hereto as Attachment "A ". Section 4. IMPLEMENTATION OF BPL 4.1. In the event the agreement between BOCA RATON and PBSO is terminated or in the event that the City of Boca Raton in its sole discretion ceases operation of the BPL this Interlocal Agreement shall immediately terminate and BOCA RATON shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 4.2. 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 Boca Raton Police Services training facility. 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 sixty (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. 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 initial year of this updated agreement shall be $59,360.00. 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. However, fees will not 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 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. 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 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. 7.2 DELRAY BEACH and BOYNTON BEACH agree to provide to BOCA RATON, case dispositions for any items processed through the BPL as they become available. Section 8. DURATION AND TERMINATION 8.1. This l Agreement I come effective upon being executed on s Interloca shal be e upo g behalf of each art and filed with the City Clerks of BOCA RATON, P Y Y 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 9 Y any right to unilaterally terminate this Agreement and shall not terminate this Agreement for the period of two (2) years following its effective date. 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. BOCA RATON may terminate its participation in this Interlocal Agreement as provided herein or as provided in paragraph 4.1. Upon termination, the terminating Party shall have no rights or privileges under this Agreement. Section 9. DISPUTE RESOLUTION 9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved, pursuant to dispute resolution process contained in Florida Statutes Chapter 164. 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, 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 T efor e o 9 9 9 Y Y 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 provision of Florida law. 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. CITY OF BOCA RATON Attest: Date: By: City Clerk Name: Susan Haynie Title: Mayor Approved as to Form and Legal Sufficiency: By: City Attorney ATTEST: CITY OF DELRAY 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