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
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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
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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
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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.
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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.
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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.
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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�
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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