R20-069 1 RESOLUTION NO. R20-069
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR TO SIGN A REVISED TRI-PARTY
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE CITIES OF BOCA RATON
9 AND 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 Commission initially approved this Interlocal Agreement on
17 November 5, 2019 however the City of Delray Beach requested changes to the ILA after it was
18 approved by the City Commission; and
19 WHEREAS, this revised Interlocal Agreement will replace the one approved by
20 Resolution R19-127; and
21 WHEREAS, the City of Boynton Beach Police Department investigates numerous
22 crimes where forensic evidence in the form of DNA is recovered; and
23 WHEREAS, Boynton Beach's Police Department submits hundreds of requests each
24 year for laboratory testing to the Boca Raton BPL in an effort to identify persons connected
25 with various crimes committed in our City; and
26 WHEREAS, the most labor intensive and time consuming process related to DNA
27 testing is determining if a suitable sample is present and extracting the sample and converting
28 it to its testable form which can be done by the pre-screening laboratory; and
29 WHEREAS, the Boca Raton BPL has the capability to collect and analyze DNA
30 samples; and
31 WHEREAS, the City Commission of the City of Boynton Beach, upon
32 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
33 City of Boynton Beach to approve and authorize the Mayor to sign the revised tri-party
34 Interlocal Agreement between the City of Boynton Beach and the Cities of Boca Raton and
35 Delray Beach for the operation of a Biology Processing Laboratory(BPL)to pre-process DNA
36 samples.
37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
38 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
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39
40 Section 1. Each Whereas clause set forth above is true and correct and incorporated
41 herein by this reference.
42 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
43 approve and authorize the Mayor to sign the revised tri-party Interlocal Agreement between the
44 City of Boynton Beach and the Cities of Boca Raton and Delray Beach for the operation of a
45 Biology Processing Laboratory (BPL)to pre-process DNA samples, a copy of said Agreement
46 is attached hereto as Exhibit "A". This revised Interlocal Agreement will replace the ILA
47 approved by Resolution R19-127.
48 Section 3. That this Resolution shall become effective immediately upon passage.
49
50 PASSED AND ADOPTED this '] day of_fil , 2020.
51 CITY OF BOYNTON BEACH, FLORIDA
52
53 YES NO
54
55 Mayor—Steven B. Grant
56
57 Vice Mayor—Ty Penserga
58
59 Commissioner—Justin Katz
60
61 Commissioner—Woodrow L. Hay
62 (/
63 Commissioner—Christina L. Romelus
64
65
66 VOTE
67
68 ATTEST:
69
70 ,�
71 �1 i Vil�'# ^4
72 C stal Gibson, MMC
73 City Clerk
74 � r r .. ')
75
76
ti
77 (Corp0e Seal)
r~• 1920
_. Fr () p ` ,
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INTERLOCAL AGREEMENT
THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into
Se '-emb-er 4, 20,2D , 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 November 18, 2020;
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 - 34 PERCENT
DELRAY BEACH - 33 PERCENT
BOYNTON BEACH - 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 two (2) 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 remain in effect or terminate in its entirety in BOCA RATON's sole
discretion. In the event this Interlocal Agreement remains in effect, the non-
terminating party (either DELRAY BEACH or BOYNTON BEACH) shall thereafter
continue to pay the same percentage of the annual fee set out in Section 5.5
above. The terminating party shall have no rights or privileges under this
Interlocal Agreement following the effective date of their termination.
8.4. In the event BOCA RATON terminates its participation, this Interlocal Agreement
shall terminate in its entirety. If BOCA RATON terminates operation of the BPL
pursuant to this subsection, 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.
8.5. This Section shall continue indefinitely and survive the cancellation, termination,
expiration, lapse, or suspension of this Interlocal Agreement.
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 Florida law.
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 10. LIABILITIES AND INDEMNITY
10.1. 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 and
indemnify DELRAY BEACH and/or 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 indemnify
and be individually responsible to BOCA RATON and/or to the other for any
actions, claims or damages arising out of DELRAY BEACH or BOYNTON
BEACH'S negligence in connection with the Agreement. The foregoing shall not
constitute a waiver of any Parties' sovereign immunity beyond the limits set forth
in Section 768.28, Florida Statutes, and nothing herein is meant to or shall serve
as a waiver of any of the requirements or limitations contained in Section 768.28,
Florida Statutes. This indemnification provision shall continue indefinitely and
survive the cancellation, termination, expiration, lapse, or suspension of this
Interlocal Agreement. .
Section 11. AMENDMENT OF THIS AGREEMENT
11.1. Amendments to this Interlocal Agreement shall be made by unanimous consent
of all the Parties in writing.
Section 12. EXECUTION OF AGREEMENT
12.1 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 13. SEVERABILITY
13.1. 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 14. NOTICES
14.1 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:
City Manager, City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
With Copy to:
Chief of Police
300 W Atlantic Avenue
Delray Beach, FL 33444
As to BOYNTON BEACH:
City Manager, City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
With Copy to:
Chief of Police
PO Box 310
Boynton Beach, FL 33425
Section 15: 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 16: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of any party.
Section 17: 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.
[The remainder of the page had been intentionally left blank.]
•
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the date and year first written above.
CITY OF BOCA RATON
Attest: ,�
, 6.„ w' 14064, By:
Susan Saxton,City Clerk Name: Scott Sin .r
Title: Mayor
Date: 91.4e/A0,11)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
liana rub Frie er, City1 ttorney
CIT RAY : CH
Attest:
•
Or
A' -' ' ��'•
!./aJo1 By:• APL _ "1
Ka err Johnson, IitY Clerk W e: She',''etrolia
Title: Mayor
Date
APPROVED A TO FORM AND.
LEGAL SUFF NCY
By:
•leltaiCity Attorney
CITY OF BOYNTON BEAC
Attest:
By4,A4, �� By: % N►
ry al Gibson, City Clerk Nam-. Steven B. Grant
Title: Mayor
Date: V/7/02._0�
APPROVED AS TO FORM AND , � . ,d
LEGAL SUFFICIENCY
„)
Ja s rof, City Attorney i 2• 0
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