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Resolution 32-11RECORD OF RESOLUTIONS Resolution No. Inc., Fonn No. $W 32 -11 Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE FRANKLIN COUNTY BOARD OF COMMISSIONERS AND THE FRANKLIN COUNTY SHERIFF'S OFFICE TO COMPLY WITH OHIO REVISED CODE 2901.07 WHEREAS, Ohio Revised Code Section 2901.07 now requires that an adult arrested for a felony shall submit a DNA specimen; and WHEREAS, the City of Dublin Division of Police will be primarily responsible for ensuring compliance with Ohio Revised Code Section 2901.07; and WHEREAS, in limited circumstances, the City may need to rely on the Franklin County Sheriff s Office to perform the obligations under Ohio Revised Code Section 2901.07 and Franklin County requires that a contract be in place in order to do so. NOW THEREFORE, BE IT RESOLVED by the Council ofthe City of Dublin, State of Ohio, --7-- of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the agreement attached as Exhibit "A" with Franklin County Board of Commissioners and the Franklin County Sheriff s Office. Section 2 . This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this zzt4= day of 2011. Mayor - esi ing Officer ATTEST: Cam— ( Ld C2Z Clerk of Council SZD MEMORANDUM TO Dublin City Council Marsha Grigsby, City Manager Heinz von Eckartsberg, Chief of Police FROM Stephen J. Smith, Law Director DATE: July 1, 2011 RE: Resolution No. 32 -11 Franklin County Sherriff s Office Agreement SUMMARY In 2010, the State of Ohio passed Senate Bill 77 which mandates the collection of a DNA specimen from any person, eighteen years of age or older, who is arrested on or after July 1, 2011 for a felony offense. Under the law, the DNA collection will take place during the intake process at the jail. The City of Dublin Division of Police will be primarily responsible for complying with this provision; however, in limited circumstances, the City may require the assistance of Franklin County. RECOMMENDATION: Legal staff recommends approval of Resolution No. 32 -11 at the July 6, 2011 Council meeting POLICE SERVICES AGREEMENT BETWEEN THE FRANKLIN.COUNTY SHERIFF'S OFFICE AND THE Ci7� or- l6,4�s unJ This Agreement is made and entered into by and between the Franklin County Board of Commissioners and the Franklin Qounty Sheriffs Office, hereinafter referred to as the "Sheriff", and Ciro ur�z +� hereinafter referred to as the " C i WITNESSETH WHEREAS, Ohio Revised Code, Section 2901.07 (B)(1) requires a person, who is eighteen years of age or older, who is arrested on or after July 1, 2011, for a felony offense to have a DNA specimen collected by the law enforcement agency arresting the person during the intake process at the jail; and WHEREAS, the 0 rr!/ wishes to enter into an Agreement with the Sheriff to provide services as outlined below; and WHEREAS, in exchange for said services, an amount not to exceed thirty -five dollars collected, and the 0- / r shall pay the Sheriff ($35.00) per prisoner who has a DNA specimen WHEREAS, the Sheriff is authorized to enter into an Agreement with the C J7- -Y for the performance of police functions, as set forth in Ohio Revised Code sections 311.29 and 737.04, NOW, THEREFORE, in consideration of the mutual promises as hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES The Sheriff shall do, perform, and provide in a manner reasonably satisfactory to the C iry the following services: Collect a DNA specimen from a person, who is eighteen years of age or older, who is arrested by on or after July. 1, 2011, for a felony during the intake process into the jail, in accordance with division (C) of Revised Code section 2901.07. It. TERM OF AGREEMENT The term of this Agreement shall commence on July 1, 2011; and shall continue to be in force for one year. Unless otherwise terminated as provided herein, this Agreement shall automatically renew for a 12 -month period on July1, 2012. III. COMPENSATION AND METHOD OF PAYMENT The C i ry will grant funds to the Sheriff for services provided under this Agreement, as follows: A. Amount: The e /ry shall pay the Sheriff thirty -five dollars ($35.00) per prisoner who has a DNA specimen collected. The total amount to be paid shall not exceed -1 30 ©0 . cad in the 24 -month period. B. Method of and Conditions of Payment: The compensation payable under Paragraph A shall be paid by the i �r-y only upon execution of this Agreement and the submission of a monthly invoice by the Sheriff. C. The Sheriff will submit invoices on a monthly basis to the 0 1 ry , within thirty (30) days following the service month. Attached to the invoice will be a copy of the jail state of each inmate processed under this Agreement The C` i r--/ shall pay the Sheriff within thirty (30) days. Any dispute by the C erg concerning an invoice billed under this Agreement shall be sent, in writing, to Mr. Dave Masterson, Sheriff's Finance Director, 410 S. High Street, Columbus, OH 43215 IV. ASSIGNABILITY Neither party shall assign any interest In this Agreement, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written consent of the other party. V. CHANGES No modification, amendment, alteration, addition or waiver of any section or condition of this Agreement shall be effective or binding unless if is in writing and signed by an authorized representative, of the 6 i_ Y and the Sheriff. VI. TERMINATION This Agreement may be terminated by either party, with or without cause, with ninety (90) days written notice to the other party. Notice shall a by regular US mail and shall be effective when received. Notice to the piv"% shall be directed w d e-f - yyn CGCgrfsb e: . Notice to the Sheriff shall be directed to Mr. Dave Masterson, Sheriffs Finande Director, 410 S. High Street, 2d floor, Columbus, OH 43215. VII. EXTENT OF AGREEMENT:' The contents herein represent the entire and integrated agreement between the ( "I i / and Sheriff and supersede all prior negotiations, representations or agreements, either written or oral. This agreement shall be governed by the laws of the State of Ohio. IN WITNESS WHEREOF, the parties have hereto set their hands this — day of , 2011 nAkzs(A-A G2icsah ITy M A,A 6�_ -<. FRANKLIN COUNTY SHERIFF James Karnes, Sheriff Approved as to form: Ron O'Brien Franklin County Prosecutor Columbus, Ohio By Assistant Prosecutor FRANKLIN COUNTY BOARD OF COMMISSIONERS: Paula Brooks, President James O'Grady, Commissioner Marilyn Brown, Commissioner n ! Franklin County Sheriffs Office 7 WM "d Columbus, Obio Chief Deputy Mark Barrett, Esq. mjbarret @traukliucountyokio.gov MEMO April 18, 2011 Cbief Heinz von Eckartsberg Dublin Police Department 6565 Commerce Parkway Dublin, OH 43017 Re: DNA specimen collection pursuant to R.C. 2901.07 (B)(1) Dear Chief von Eckartsberg: Ohio Revised Code section 2901.07(B)(1) requires that, "[o]n and after July 1, 2011, a person who is eighteen years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected from the person during the intake process at the jail...or law enforcement agency office or station to which the arrested person is taken after the arrest." This statute in section 2901.07 (A)(4)(a)(b)(c)(d)(e) goes on to define the "head of the arresting law enforcement agency" to be the "chief law-enforcement officer of the law enforcement agency that employs the officer wbo made the arrest "(emphasis added). This means, for example, if a Columbus Police officer, or a Franklin Township police officer, or a Village of Valleyview officer, or a State Highway Patrol Trooper arrests a person, who is eighteen years of age or older, on or after July 1, 2011, on a felony charge, whether on -view or on a warrant, regardless of the origin of the warrant, it is up to that arresting officer to collect the DNA specimen either at the jail or at their office or station prior to bringing the person to jail. If the arresting officer /agency does not collect the DNA specimen prior to bringing the person to jail, the collection at the jail can be accomplished in one of two (2) ways: (1) the jail will have buccal DNA collection kits and ink pads available at intake for the arresting officer to use to obtain the DNA specimen and the required right thumb print of the person from whom the specimen is being collected. It will be the responsibility of the arresting officer to take the collected DNA specimen and send it to BCl & 1; or (2) the head of the arresting agency can enter into a contract with the Sheriff's Office to collect the DNA specimen and to send it to BCI & I. For those agencies wisbing to enter into a contract with the Sheriff's Office, a copy of the contract is attached hereto. If no contract is received by the Sheriff s Office prior to July 1, 2011, it will be solely the responsibility of the arresting officer, in accordance with the provisions of R.C. 2901,07, to collect the required DNA specimen. Respe lly, 7. Barrett Chief Deputy Encl. Cc: Sheriff Karnes Chief Deputy Gil Jones Chief Deputy Steve Martin