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2010-29RESOLUTION 2010 -29 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement between the City of Blair, Nebraska, a political subdivision of the State of Nebraska, by and through the Blair Police Department and Douglas County, Nebraska, a political subdivision of the State of Nebraska, by and through the Douglas County Sheriff for the purpose of providing forensic services. WHEREAS this Agreement would promote better cooperation between these two law enforcement agencies and would serve to better protect the citizens of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked as Exhibit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said agreement. COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, FANOELE, ABBOTT, CHRISTIANSEN, JENSEN AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 13 DAY OF JULY, 2010. CITY OF BLAIR, NEBRASKA JA . REALPH, MAYOR ATTEST: 1 , eoc '01'f A NDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 13th day of July, 2010. B DA R. WHEELER, CITY CLERK INTERLOCAL AGREEMENT BETWEEN DOUGLAS COUNTY, NEBRASKA AND BLAIR, NEBRASKA Under the authority of the Nebraska Interlocal Cooperation Act, Article 8 of Chapter 13of the Nebraska Revised Statutes, this Agreement is entered into between the Douglas County, Nebraska, (herein after "Douglas County") a political subdivision of the State of Nebraska, by and through the Douglas County Sheriff, and the Blair Police Department, apolitical subdivision of the State of Nebraska/nzunicipal corporation of the State of Nebraska, (herein called "Requesting Agency ") 'for the purpose of providing forensic services. SECTION ONE DUTIES AND RESPONSIBILITIES A. Duties /Specific Services to be provided by Douglas County 1. Provide the forensic and crime scene services as specified in Schedule of Forensic Services which is attached and incorporated hereunto as Exhibit A and shall strive to respond to any request for. assistance in a timely manner and in accordance with current National Institute of Justice standards. 2. Provide and train personnel as necessary to perform forensic services specified in the Schedule of Forensic Services and as determined by the County Sheriff exercising professional judgment. S aid personnel will at all times remain under the management and control of Douglas County. Employment rights of personnel assigned to provide services will not be abridged. 3. Reserve the sole right to determine its own availability to perform the forensic service request. This Agreement shall not be construed to require Douglas County to hire any new or additional personnel to perform forensic services. 4. Provide all equipment and facilities necessary to process a crime scene and to conduct laboratory analysis as specified in the Schedule of Forensic Services. 5. Process evidence in reliance upon the assumption that the evidence was collected and packaged in accordance with the Douglas County Sheriff's Office Crime Scene Investigation Division (CSI) packaging guidelines, to 6/16/2010 1 which the current guidelines are attached and incorporated hereunto and subject to periodic review and revision by Douglas County. Further, Douglas County retains the right to refuse evidence for forensic processing and/or refuse to process or reprocess evidence submitted to the Douglas County Crime Scene Investigation Unit if the County believes, in its sole discretion, that the evidence has been compromised and /or otherwise. contaminated. 6. Designate a Douglas County Crime Scene Investigation Division lead crime scene investigator upon arrival to a crime scene and said lead crime scene investigator shall coordinate services with the Requesting Agency's on -site command officer. 7. The lead crime scene investigator will notify the requesting agency of any breach noted while at crime scene or with evidence collected and/or processed. S. The Douglas County Crime Scene Investigation Division has extensive dedicated equipment and facilities to ensure the provision of highly professional crime scene investigation and forensic services. Specific arrangements for the use of equipment and /or facilities is necessarily limited to assigned Douglas County Sheriffs Office personnel. 9. Provide written findings upon completion of any forensic analysis- performed. All records, reports, and documents concerning the performance of services provided by Douglas County Sheriffs Office personnel will be appropriately recorded and securely maintained in accordance with Sheriffs Office records/reporting directives and the State Records Retention Act. 10. Send written notification to the authorized representative of the Requesting Agency upon completion of forensic analysis for each item(s) of evidence submitted to Douglas County CSI Division. 11. Invoice the Requesting Agency on a monthly basis at the minimum or as forensic services provided by Douglas County. The invoice will reflect actual services rendered on each item submitted for forensic analysis. Crime scene investigation services and deposition and/or court appearances will be billed for a minimum of two (2) hours with additional time billed in .50 hour (30 minute) increments. 12. Update the Schedule of Forensic Services, attached as Exhibit A, no less than annually and provide a copy of said Schedule to the Requesting Agency's 6/16/2010 2 authorized representative no less than thirty (30) days prior to the effective date of said Schedule. B. Duties of the Requesting Agency 1. Submit evidence to the Douglas County Crime Scene Investigation Division in accordance with the current Douglas County Sheriff's Office Crime Scene Investigation Division (CSI) packaging guidelines, to which the current guidelines are attached and incorporated hereunto and subject to periodic review and revision by Douglas County. It is the sole responsibility of the Requesting Agency to comply with said packaging guidelines in effect on the day the evidence is submitted. 2. Submit a request for forensic service(s) that v�ill be completed by the CSI Division in a timely manner. The Requesting Agency shall pay an additional charge to Douglas County when such tests require expedient handling and /or additional personnel or services to meet a specific time requirement requested by the Requesting Agency. Douglas County reserves the right to refuse to perform the forensic services if it deems, in its sole discretion, that the service cannot be complete on or before the requested date. 3. Crime Scene Services: i. Requesting Agency agrees to designate one Agency law enforcement official on site as a command officer to coordinate all communications with the Douglas County Sheriff's Office lead crime scene V nvestigator. Said command officer shall be designated before or upon arrival of Douglas County Crime Scene Investigation Division personnel at a crime scene and shall remain the command officer throughout the investigation. ii. Requesting Agency agrees to maintain the crime scene in accordance with the current National Institute of Justice guidelines in effect on the day the crime scene is discovered. It is imperative that CSI personnel responding to a requesting agency's scene have sufficient details concerning known persons that have had access to a scene prior to arrival. This knowledge will assist CSI personnel in determining what evidence is pertinent to the investigation. Therefore: 1. In the event that there has been a breach of crime scene integrity before the arrival of Douglas County Crime Scene Investigation Division personnel,' Requesting Agency's 6/16/2010 3 command officer shall report the nature and details of the breach at the time of arrival to said scene to Douglas County's lead crime scene investigator. 2. In the event that a breach of crime scene integrity is discovered during or after the arrival of Douglas County Crime Scene Investigation Division personnel, Requesting Agency's command officer shall notify Douglas County's lead crime scene investigator immediately and report the nature and details of the breach to the authorized representative of the Douglas County Sheriff within twenty -four (24) hours. 4. Claim and take possession of item(s) and evidence submitted to Douglas County CSI Division for forensic analysis within one week after notification that testing of said item(s) is complete. Douglas County will not be responsible for evidence storage and disposal and is•released from any liability for any items) and /or evidence unclaimed by the Requesting Agency eight days after said notification. The Requesting Agency may also be subject to additional storage fees for said unclaimed evidence. 5. Cooperate at all times with the employees and representatives 6f the Douglas County Sheriff's Office providing services under this Agreement. 6. Make payment for provided Services no more than thirty days after receipt of an invoice reasonably documenting all applicable charges and fees. SECTION TWO TERM, DURATION, REVIEW, REVISION, AND TERMINATION This Agreement shall become effective on / . Ao1J and shall remain in effect until 645* , a term no greate an ive (5) years. This Agreement may be terminated pon mutual written consent of the parties or by either of the parties giving sixty (60) days written notice to the other of its intention to terminate the Agreement. Upon expiration, this Agreement- may be extended or renewed for an additional term by mutual written agreement of the Parties. A review of the agreement will be conducted annually or more often as needed. Revision of the Agreement may be conducted as needed/deemed necessary by Douglas County. 6/16/2010 4 SECTION THREE GENERAL PROVISIONS A Independent Contractors. It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Any and all acts that either Party or their personnel, employees, agents, contractors, or servants, perform'pursuant to the terms• of this Agreement shall be undertaken as independent contractors and not as employees of the other. The Parties shall, except as provided herein, act in their individual capacities and not as agents, employees, partners, joint ventures or associates of the other. An employee or agent of one shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. None of the Parties nor its personnel, employees, agents, contractors, or servants shall be entitled to any benefits of the other. The Parties shall not provide any insurance coverage to the other or their employees including, but not limited to, workers' compensation insurance. Each Party shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations; and payments pertaining to social security taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Any and all claims that may or might arise under the Workers' Compensation Act of the State of Nebraska on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment, including without limitation claims of discrimination against a Party its officers, employees, agents, contractors or servants shall in no way be the responsibility of the other Party. Neither Party shall have any authority to bind the other by or with any contract or'agreement, nor to impose any liability upon the other. All acts and contracts of each shall be in its own name and not in the name of the other, unlest otherwise provided herein. 6/16/2010 5 B. Nondiscrimination. Both Parties agree that in accordance with the Nebraska Fair Employment Practice Act, Neb.Rev.Stat. §48 -1122, they will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant. None of the Parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances. C. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. D. Applicable Law and Venue. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. Venue for any non - federal legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska located in Omaha Nebraska. E. Entire Agreement This Agreement contains the entire agreement of the Parties. No representations were made or relied upon by either Party other than those that are expressly set forth herein. No agent, employee or other representative of either Party is empowered to alter any of the terms hereof except as provided herein. F. Amendments/Modification. This Agreement may be modified only by written amendment, duly executed by authorized officials of the Parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Every amendment shall specify the date on which its provisions shall be effective. G. Assignment. 6/16/2010 6 None of the Parties may assign its rights under this Agreement without the express prior written consent of the other Party. H. Successors and Assigns Bound by Covenants. All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the Parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective Parties hereto. I, 'Waiver. Failure or delay by any Party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving Party. An effective waiver of a right or power not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. In addition, any act by either Party which is it not obligated do hereunder shall not be deemed to impose any obligation upon that Party to do any similar act .in the future or in any way change or alter any of the provisions of this Agreement. J. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. K. Dispute Resolution. Any dispute which, in the judgment of a Party to this Agreement, may affect the performance of such Party shall be reduced to writing and delivered to the other Party. As soon as possible thereafter, the Parties authorized representatives shall schedule a face to face meeting to resolve the dispute in a mutually satisfactory manner. Prior to the institution of any formal legal proceeding, the Parties must meet in this manner to resolve the dispute. This meeting must take place within ten (10) business days after service of the written statement of dispute. During the pendency of negotiations, the Parties shall act in good faith to perform their respective duties described herein. If the Parties are unable to resulve their dispute using the process described above, the Parties agree to submit to nonbinding mediation with a mutually acceptable mediator p6 r to commencement of a legal action by any Party. 6/16/2010 7 L. Indemnification/Legal .Cdntingencies. Requesting Agency agrees to save and hold harmless, to the fullest extent allowed by law, Douglas County, its principals, officers and employees from and against all claims, demands, suits, actions, payments, liabilities, judgments and expenses (including court=ordered attorneys' fees), arising out of or resulting from the negligent or wrongful acts or omissions of Requesting Agency's principals, officers, or employees in the. performance of this Agreement. Liability includes any claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement that results in any claim for damage whatsoever including any bodily injury, civil rights liability, sickness, disease, or damage to or destruction of tangible property, including any loss of use resulting there from. . Further, Requesting Agency shall purchase and maintain during the term of this Agreement, comprehensive General Liability Insurance in the minimum amount of $1,000,000 per person and $5,000,000 per occurrence naming and protecting them, and Douglas County as an additional insured, against claims for damages resulting from (1) bodily injury, including wrongful death, (2) personal injury liability and (3) property damage, which may arise from operations under this Agreement whether such operations be by Requesting Agency or anyone directly or indirectly. employed by them. Copies of the certificate of insurance shall be provided to Douglas County upon request. The provisions of this section shall survive expiration or termination of this Agreement. M. No Third Party Rights. This Agreement is not intended to, nor shall it provide third parties, -excluding any assignment as provided herein, with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a Party's employees, officers, agents and servants. 6/16/2010 8 f N. Authorized Representatives and Notice. In further consideration of the mutual covenants herein contained, the Parties hereto expressly agree that for purposes of notice, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the Parties: FOR THE COUNTY Captain Steven Glandt Douglas County Sheriff's Office 3601 North 156' Street Omaha, NE 68916 (402) 444 -6854 (402) 444 -6065 fax FOR REQUESTING AGENCY Blair Police Department S ua'tiz- ' Wit;✓ oyco li� �� - 7 Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed receipt shall be obtained, or by United States mail, registered or certified, return receipt requested or by facsimile with a signed return facsimile acknowledging receipt. IN WITNESS WHEREOF, the parties hereunto set their hands to this Agreement upon the day and year hereinafter indicated. APPROVED AS TO FORM: County Attest 6/16/2010 APPROVED AS TO FORM: rQ � DOUGLAS COUNTY, NEBRASKA CITY /COUNTY, NEBRASKA Effective Date: May 2008 DOUGLAS COUNTY SHERIFF'S OFFICE � CSI DIVISION EVIDENCE PACKAGING GUIDELINES PURPOSE Evidence must be packaged correctly in order to ensure the integrity of the evidence, protect against contamination, and for the safety of personnel handling the evidence. To properly seal evidence for submittal to the DCSO Laboratory: Prol2er Container • Choose a container based on the qualities of the evidence. • Biological evidence in paper, cardboard • Sharps in safety tubes • Urine in urine collection kit • Blood in blood collection kit or safety tubes o Controlled substances in heat seal bags • Choose a container based on the size of the evidence item. o Secondary container necessary for small envelopes, bags, and items whose pri mary container will not accept a label or proper seal • Proper container choices include: • Paper envelopes • Paper bags • Cardboard boxes Proper Label • All containers should either have the label printed on them or a label needs to be affixed to the container. • If the initial container is too small for a label to be affixed then the item should be packaged in a secondary container with the label affixed to that container. Proper Seal • The seams of all containers should be sealed with tape. • If a container is such that it-cannot be sealed with tape, it should be packaged in a secondary container that can be sealed with tape. • The person packaging the evidence should sign or write their initials and the date across the seal in-such a way that the writing begins on the package, crosses the seal, and ends on the package on the other side of the tape (see below). - at , DOUGLAS COUNTY SHERIFF'S OFFICE CSI DIVISION SERVICE f FEE SCHEDULE FFFECTIVEJUNE 2010 DESCRIPTION FEE Controlled Substance Identification Qualitative Analysis-Preliminary Test, GC /MS Analysis, Forensic Report $30.00/sample Quantitative Anal sis -GC /FID Analysis, Forensic Report . $50.00/sample Chemical Extraction — Additional chemical extraction procedure $15.00/sample MobileTrace Ion Mobility Spectrometry — residue testing $25.00/sample Expedited Analysis Fee $50.00 /case Trace Evidence Fire Debris Analysis- Extraorion, GC /MS, Forensic Report $50.00/sample Explosives Anal sls-P rellm !nary Tests, IRSpectrometry, GC /MS, Forensic Report $50.00/sample Trace Analysis-Fibers, Paint, Halr, Glass $50.00 /hour rox1colo Blood Alcohol Anal sis -GC /FID Analysis, Quantitation, Forensic Report $30.00/sample Statistical Blood Alcohol Anal sis -GC /FID Analysis, Quantitation, Statistical Report $35.00/sample Urine Drug Screen = 5 panel $30.00 /sam .le GC /MS Confirmation for Positive Urine Screen $60.00/sample Crime Scene. and Evidence Processin Field Process-Complete Forensic Field Invests atiori Services $50.00 /hour /CSI Lab Process - Standard Laboratory Forensic Processing Services $50.00 /hour /CSI Rush Surcharge-results within 24 hours 50% of service Additional Charges Photo CD Created -b .re uest non -law enforcement $50.00 Expert Court Testimony - $50.00 /hour Evidence Handling and Packaging as applicable) $25.00 /case event Report Preparation and Image Archiving $25.00 /case event