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HomeMy WebLinkAbout1619 Agreement Sherriff of Johnson County, Kansas Crime Scene Response BILL NO. 2018-046 ORDINANCE NO. I(y 19 AN ORDINANCE APPROVING AN AGREEMENT WITH THE SHERIFF OF JOHNSON COUNTY, KANSAS RELATING TO CRIME SCENE RESPONSE AND RELATED SERVICES BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: 1. That the Riverside Board of Aldermen ('Board") hereby approves the Agreement related to crime scene response and related services by and between the City of Riverside and the Sheriff of Johnson County, Kansas, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement. 2. That the Mayor,the City Administrator,the Police Chief and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. 3. That this Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board f Aldermen and APPROVED by the Mayor of the City of Riverside thisday of�� 2018. ayor Kathleen L. Rose ATTEST: Robin.Kjncaid,;City Clerk AGREEMENT Between Johnson County Sheriff and Requesting Party Named Herein THIS AGREEMENT(hereinafter referred to as"Agreement')is made and entered into by and between the Sheriff of Johnson County, Kansas('Sheriff")and the ty"I tl.2 ce t_)g�n4a4--t , whose address is nn � ' r 'aggnlNW V�.; K �vers� e `t �pISD ("Requesting Party"). WHEREAS, Sheriff operates the Johnson County Sheriff's Office Criminalistics Laboratory(JCSOCL),a division of the Johnson County Sheriffs Office; and WHEREAS,Requesting Party desires to contract for the services of JCSOCL. NOW,THEREFORE, in consideration of the above and foregoing recitals,the payments to be made,the mutual promises and covenants herein contained,and for good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Purpose The purpose of this Agreement is to establish the terms and conditions under which JCSOCL may provide law enforcement assistance in the form of criminalistics laboratory services to Requesting Party. 2. Term. This Agreement is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this Agreement and shall remain in full force and effect until terminated by either party pursuant to the terms herein. This Agreement may be terminated,without cause,by either party upon thirty(30)days written notice,which notice shall be delivered by hand or by certified mail return receipt requested to the address listed herein. 3. Fees for Service. The Requesting Party shall pay the Sheriff all fees and expenses incurred by the JCSOCL for the collection, analysis, and report of findings on all items submitted for forensic examination. The fees and expenses associated with laboratory services shall be defined in Schedule A attached to this Agreement and incorporated herein by reference. The fees and expenses may be adjusted by JCSOCL at any time. However, Requesting Party shall be notified of any adjustment in fees prior to any work being performed. Payment for services provided by the JCSOCL is due within thirty(30) days of the receipt of invoice. 4. Responsibilities of the Sheriff. The Johnson County Sheriff agrees to deliver the timely forensic examination of all items submitted to the JCSOCL with the following disclaimer: The JCSOCL was created to serve the forensic laboratory needs of the public safety entities located within the geographical boundaries of Johnson County. However, in the interest of public safety,the Sheriff of Johnson County,or his designee,retains the right in his sole discretion to prioritize the processing of items submitted to the JCSOCL for examination and analysis. Factors to be considered in determining the order of priority may include, but are not limited to: • Crimes of violence where solvability may be achieved through the timely processing of physical evidence, • Crimes that threaten general order;and • Crimes that are serial in nature. 2 When items are submitted to the JCSOCL for examination and found to be equally important, the items from a Johnson County entity shall have priority over items from the Requesting Party. Further, the Johnson County Sheriff, or his designee, shall have the right to decline to provide laboratory services on any case or items submitted by the Requesting Party. Additionally,the JCSOCL shall have the absolute right and discretion to determine which laboratory tests and analysis are to be performed on any items submitted. The JCSOCL shall conduct all examinations and analysis in conformance with the requirements established by their accrediting body and the standards to which they are accredited. In accordance with these standards,once an evidence submission is accepted from the Requesting Party,the JCSOCL has agreed to provide the services requested. Also, in accordance with the requirements established by their accrediting body and the standards to which they are accredited5,the JCSOCL is mandated to produce a report of findings on all work performed and will comply with this requirement.The JCSOCL retains the right to limit inclusion of information on the report that it deems to be unnecessary for an appropriate and objective understanding of the opinions,conclusion, and interpretations included therein. Examples of this information include, but are not limited to,the date of receipt of the evidence, exact methods or deviations used,or date and location of sampling.All of the supporting data and information associated to the report is retained by the laboratory and is available upon request. Test results will only be released to the Requesting Party, investigating agencies, and/or the District Attorney's Office.The release of test results to anyone other than the Requesting Party or parties listed above requires the written permission of the Requesting Party, Laboratory Director and/or the Assistant Laboratory Director and/or a judicial order. The case record will contain the judicial order and/or reflect the release to these other parties. 3 5. Responsibilities of the Requesting Party. If the services requested include on-site crime scene investigation analysis and response,the Requesting Party shall be responsible for providing appropriate sworn officers to maintain scene security and safety for JCSOCL personnel. Laboratory personnel are authorized to suspend their examinations if at any time they believe, in their sole and complete discretion,that they are in unsafe conditions and without appropriate sworn support. Upon return of the required support,their examination activities will resume. 6. Relationship of Parties. The Sheriff shall have the status of an independent contractor for the purposes of this Agreement. The forensic scientists and deputy sheriffs assigned to the JCSOCL shall be considered employees of the Sheriff and shall be subject to his control and supervision. Further, the forensic scientists and deputy sheriffs are subject to all current policies, regulations, and procedures in effect for Johnson County Sheriff employees. 7. Evidence and Records. Requesting Party shall provide to JCSOCL all evidence, reports, investigative materials, data, and other items necessary for JCSOCL to perform the services requested. During the term of this Agreement,the items shall be retained in the custody of JCSOCL and handled in accordance with all applicable laboratory protocols and standards. Copies of all reports prepared by JCSOCL shall be provided to Requesting Party within a reasonable time after completion of the laboratory process or analysis. Upon termination of any case covered by this Agreement or upon termination of this Agreement itself, all items shall be returned to the Requesting Party to be maintained pursuant to applicable law and the Requesting Party's policies and procedures. 4 8. Publicity. JCSOCL shall refer all media requests for information regarding any particular case or evidence to the Requesting Party for an appropriate response. Further, in the event JCSOCL receives requests for disclosure of information pursuant to a Kansas Open Records Request or a subpoena, the Requesting Party shall be notified and given an opportunity to confer and cooperate in regard to an appropriate response. However,the final decision on a response to an open records request or a subpoena shall be in the sole discretion of the Sheriff or his designee. 9. General Provisions. A. Amendments. Either party may request changes to this Agreement. Any changes,modifications, revisions or amendments to this Agreement which are mutually agreed upon by and between the parties to this Agreement shall be incorporated by written instrument and shall be effective when executed and signed by all parties to this Agreement. B. Entirety of Agreement. This Agreement and the attached Schedule A represent the entire and integrated agreement between the parties,and all prior negotiations, representations and agreements,whether written or oral,are superseded. C. Responsibility for Legal Proceedings. Providing the terms of this Agreement have not been breached,the Sheriff and Requesting Party each agree to indemnify and hold harmless the other for claims or causes of action arising from the acts and omissions of their respective officers,agents or employees for any judgment, liability or damages not covered by insurance arising from any action or proceeding relating to the services or relationship described herein and provided that any such action or proceeding does not arise from any allegations of any intentional,willful or negligent act on the part of the party to be indemnified. 5 D. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable,the remainder of the Agreement shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. E. Sovereign Immunity. The Sheriff and all agents and employees of the JCSOCL and the Requesting Party and their respective governing bodies do not waive their sovereign immunity by entering into this Agreement, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement. F. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Agreement,or to bring an action for the breach of this Agreement. 6 G. Mailing Addresses. Johnson County Sheriff: Calvin Hayden,Sheriff Johnson County Sheriffs Office 588 E.Santa Fe,Suite 2000 Olathe,KS 66061 ^n9113-715-5502'/ �1 Requesting Party: �I 1C +/1 (� o t j ef S, me )nt:fjo Q'dMA44± -wives IPgISD g1 [e -741 —iIq / (Intentionally left blank to bottom ofpage.) 7 IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below,and certify that they have read, understood,and agreed to the terms and conditions of this Agreement as set forth herein. The Effective date of this Agreement is the date of the signature last affixed below. SHERIFF OF JOHNSON OUNTY,KANSAS: Calvi ayden,Sheriff Date: /e • V- /f REQ STING PARTY: Printed name � �CM4 � Title 8 SCHEDULE A Johnson County Sheriffs Office Crime Laboratory Criminalistics Services Cost Reimbursement Fee Effective StteMberll,2016 Descrition Fee Descrition Fee Straight Time Overtime Straight Time Overtime Forensic Biol t $44.15/hour $59.1]/hourLatent Prints2 $44.15/hour $59.11/hour Autosomal DNA QC $305.00 per utosomal DNA i1 d $355.00 per Y-STR DNA' sam le Y-STR DNA' sam le Dru Chemist $44.15/hour $59.11/hourToxicol AC $44.15/hour $59.11/hour Trace Evidence° $44.15/hour $59.1l/hourFirearm/Toolmarks $44.15/hour $59.11/hour Fire Debris $44.15/hour $59.11/hour Digital/Multimedia $44.15/hour I $59.11/hour Crime Scene Response Services Cost Reimbursement Fee Schedule Description Fee Straight Time Overtime Crime Scene Response $39.01/hour $51.39/hour Bloodstain Pattern Analysis $44.15/hour $59.11/hour Crime Scene Reconstruction $44.15/hour $59.11/hour The following fees will apply to each case submitted to the Johnson County Sheriffs Office Crime Laboratory: • $20.00 consumables fees • $25.00 administrative fee In the event that pre-trial conferences,meetings,testimony or the use of a Case Manager is required,the straight time hourly rate of$44.15 or the overtime hourly rate of$59.11 will apply as appropriate. In addition,travel expenses(travel arrangements,per diem,lodging,etc.)will be the responsibility of the requesting agency. ' Includes screening of evidence items for presence of biological fluids(blood,semen,saliva,urine,feces,skin cells) s Includes evidence item processing for latent print development and footwear and tire track examination r Semen samples requiring a differential extraction(separation of skin cell DNA and spermatozoa DNA)will be billed as two DNA samples Includes examination of hair,fiber,glass,paint,adhesive tapes,lubricants,and miscellaneous and unknown materials and substances s This applies to general laboratory supplies(chemicals,microscope slides and accessories,tools,evidence packaging supplies,etc.)