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Home My WebLink About05/06/2025 07.L. Resolution authorizing a Memorandum of Understanding with the Seattle Police Department to receive reimbursement funding for the continued use of forensic cell phone tools r:- `y s ljlt 114111 ii! 'I!I/ • s• BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.L. For Meeting of: May 6, 2025 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the Seattle Police Department to receive reimbursement funding for the continued use of forensic cell phone tools (No Budgetary Impact) SUBMITTED BY: *Tory Adams, Police Lieutenant Shawn Boyle, Chief of Police SUMMARY EXPLANATION: A Memorandum of Understanding between the Seattle Police Department and the City of Yakima to receive reimbursement funding for the continued use of forensic cell phone tools. The Seattle Police Department is the lead agency for Washington State's Internet Crimes Against Children (ICAC) Task Force. The City of Yakima Police Department could use this funding to continue its use of forensic cell phone tools. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: RESOLUTION_Seattle PD_ICAC Funding.docx FY24 ICAC Yakima PD MOU (25-01006).pdf 157 RESOLUTION NO. R-2025- A RESOLUTION authorizing a Memorandum of Understanding with the Seattle Police Department to receive reimbursement funding for the continued use of forensic cell phone tools. WHEREAS, The Seattle Police Department is the Lead Agency for Washington State's Internet Crimes Against Children (ICAC) Task Force; WHEREAS, City of Yakima, is a member of the ICAC Task Force and requires funding to support its investigation and prosecution of ICAC crimes; WHEREAS, The Seattle Police Department receives funding to support investigation and prosecution of ICAC crimes and is permitted to share this funding with Task Force Members to further the mission of the Task Force; WHEREAS, The City of Yakima Police Department could use such funding to continue its use of forensic cell phone tools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the City of Yakima and the Seattle Police Department. ADOPTED BY THE CITY COUNCIL this 6th day of May, 2025. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 158 SEATTLE MEMORANDUM OF UNDERSTANDING � City of Yakima EsrJI ieu Yakima Police Department 200 S. 3rd Street POLICE Yakima,WA 98901 THIS AGREEMENT is made and entered into by and between the City of Seattle Police Department, hereinafter referred to as "SPD" and City of Yakima. WHEREAS, The Seattle Police Department is the Lead Agency for Washington State's Internet Crimes Against Children (ICAC) Task Force; WHEREAS, City of Yakima, is a member of the ICAC Task Force and requires funding to support its investigation and prosecution of ICAC crimes; WHEREAS, The Seattle Police Department receives funding to support investigation and prosecution of ICAC crimes and wishes to share this funding with Task Force Members to further the mission of the Task Force; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance of the scope of work contained herein, or as attached and made a part hereof, the parties hereto agree as follows: IT IS THEREFORE MUTUALLY AGREED THAT: This agreement is to support City of Yakima's ICAC overtime, travel/training, equipment, and software necessary for ICAC investigations. Written pre-approval from SPD is required before incurring expenses. In the event the MOU requires a change in scope or an increase in cost beyond the amount agreed to, the SPD and City of Yakima shall agree to any such changes in writing prior to the commencement of Services requiring the change in the scope or cost increase. TERM OF AGREEMENT This Agreement shall begin January 1, 2025 and terminates September 30, 2025. This agreement may be modified and continued, by amendment, for work beyond this date, by mutual agreement of the parties. PAYMENT SPD will pay City of Yakima for work covered in the Scope of Work for actual costs incurred by City of Yakima. The funding limit shall not exceed $10,000 and shall reflect the Parties' best estimate of the cost of work to be accomplished under this Agreement. SPD shall not be obligated for any expenditure in excess of the funding limit unless prior written authorization is received. Actual amounts reimbursed under this Agreement shall be based on actual costs incurred by City of Yakima. In no event, shall any Party be paid for costs that are not documented pursuant to the requirements of this Agreement. All requests for travel reimbursement will include receipts for all claimed travel expenses, with the exception of meals. The Recipient shall submit requests for reimbursement in accordance with the following restrictions: • Lodging expenses shall not exceed the federal lodging rates. • Travel expenses shall be the most economical rate available in Coach 25-01006 Page 1 of 3 159 • Meal expenses must be in accordance with the federal per diem rates. • Ground travel expenses, only as necessary • Parking expenses, only as necessary. SPD will pay City of Yakima pursuant to the following provisions, unless otherwise agreed in writing: 1. City of Yakima shall submit to SPD an invoice for Services performed no later than thirty (30) calendar days following the month in which the Services were performed. Invoice shall include a summary of total costs billed to date. Any request for payment for work performed prior to the issuance of a notice to begin work, or work billed later than ninety (90) calendar days after its completion shall not be eligible for payment. 2. Unless otherwise directed, City of Yakima shall submit invoices and appropriate supporting materials to: Seattle Police Department Attn: Fiscal Office PO Box 34986 Seattle, WA 98124-4986 spdap@seattle.gov 3. City of Yakima agrees to submit a final bill to SPD within thirty (30) calendar days after the end date of this Contract, and will label the invoice "FINAL BILL." 4. Funding Source: FEDERAL AWARD INFORMATION GRANT AWARD TITLE: 16.543 - FY24 Washington State ICAC Task Force Program (FY24 ICAC) FEDERAL AWARD ID # SUBRECIPIENT NAME FUNDS OBLIGATED FOR UEI NUMBER THIS AGREEMENT 15PJDP-24-GK-04213-MECP City of Yakima $10,000 FJNNX1XFJ9K3 FEDERAL AWARD DATE SUBAWARD PERIOD OF SUBAWARD PERIOD OF PERFORMANCE START DATE PERFORMANCE END DATE 11/1/2024 01/01/2025 09/30/2025 TOTAL GRANT AWARD SUBAWARD BUDGET PERIOD SUBAWARD BUDGET COMMITTED TO THIS ENTITY START DATE PERIOD END DATE $10,000 01/01/2025 09/30/2025 TOTAL FEDERAL FUNDS RESEARCH & DEVELOPMENT INDIRECT COST RATE OBLIGATED TO THIS ENTITY $10,000 N N FEDERAL AWARDING PASS-THROUGH PASS-THROUGH ENTITY AGENCY AWARDING OFFICIAL Seattle Police Department Brian G. Maxey DOJ/OJP/OJJDP (Seattle, City of) RGJ5CPK2YHK1 brian.maxev@seattle.gov AWARD PROJECT DESCRIPTION: The Seattle Police Department(SPD) has participated in the Federal ICAC Task Force Grant Program since 1998 and formed its Internet Crimes Against Children (ICAC)Task Force that same year.As the Lead Law Enforcement Agency in the State of Washington, SPD proactively and reactively investigates an ever-growing number of technology-facilitated crimes against children. Each year since the ICAC Task Force began,the SPD ICAC Commander has successfully coordinated the number of investigative partner agencies within Washington State which improves the overall task force's response to interdict, investigate and prosecute ICAC cases.As the lead agency for the Washington State ICAC, SPD will continue its long-standing partnership with the Western and Eastern U.S.Attorney's Office and their Project Safe Childhood Program, collaborate on multijurisdictional investigations to prosecute ICAC cases, and provide regional ICAC related training and technical assistance to all Washington State Task Force affiliates.The Task Force will work to: 25-01006 Page 2 of 3 160 increase the number of both proactive and reactive investigations; increase the number of forensic examinations; increase the number of referrals received from other ICAC Task Forces and federal partners; increase the capabilities of the Washington State ICAC Task Force agencies in the investigation of technology-facilitated crimes against children; enhance the Washington State ICAC Task Force's effectiveness in preventing these types of offenses; and formalize law enforcement partnerships through written agreements. INDEMNIFICATION AND HOLD HARMLESS City of Yakima shall defend, indemnify, and hold SPD harmless from and against all claims, demands, losses, damages or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from: • The sole negligence or willful misconduct of City of Yakima, its officials, officers, employees, and agents; • The concurrent negligence of City of Yakima, its officials, officers, employees, or agents but only to the extent of the negligence of City of Yakima, its officials, officers, employees, and agents; • The negligent performance of non-performance of the contract by City of Yakima; and the City of Yakima waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless SPD and its officials, agents, and employees. INSURANCE The City of Yakima agrees that it will maintain premises operations and vehicle liability insurance in force with coverages and limits of liability typically maintained by consultants performing work of a scope and nature similar to that called for under this Agreement, but in no event less than the coverages and/or limits required by Washington state law. Such insurance shall include "The City of Seattle" as an additional insured for primary and non-contributory limits of liability. Workers compensation insurance shall also be maintained if required by Washington state law. TERMINATION Either party may terminate this Agreement without recourse by the other party upon written notice to terminate. Notice of termination shall be given by the party terminating this Agreement to the other, not fewer than fifteen (15) business days prior to the effective date of termination. AGENCY CONTACTS Contact between the Parties regarding Agreement administration will be between the representatives of each Party or their designee as follows: City of Yakima Seattle Police Department Name: Lt. Tory Adams Name: Kelly Crouch Phone: 509-576-6342 Phone: 206.386.9140 Email: torv.adams@vakimawa.gov Email: Kellv.crouch(a�seattle.gov IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest day and year written below. CITY OF YAKIMA SEATTLE POLICE DEPARTMENT Name: Victoria Baker Date Brian G. Maxey Date Title: City Manager Chief Operating Officer 25-01006 Page 3 of 3 161