HomeMy WebLinkAboutR-2024-081 Resolution authorizing the City Manager to execute an Memorandum of Understanding with the Seattle Police Department to receive reimbursement funding for the continued use of forensic cell phone tools RESOLUTION NO. R-2024-081
A RESOLUTION authorizing the City Manager to execute a Memorandum of
Understanding between the City of Yakima and 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 wishes 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 U.S. Department
of Defense.
ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024.
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"SEATTLE`- MEMORANDUM OF UNDERSTANDING
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City of Yakima
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Yakima Police Department
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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, specifically the purchase of Cellebrite Premium and
Cellebrite UFED 4PC.
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, 2024 and terminates September 30, 2024. 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$20,000 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.
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
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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- Guidance for Invited Applications for Internet Crimes Against Children
(ICAC)Task Forces (FY21 ICAC)
FEDERAL AWARD ID# SUBRECIPIENT NAME FUNDS OBLIGATED FOR
UEI NUMBER THIS AGREEMENT
15PJDP-21-GK-03807-MECP City of Yakima $20.000
FJNNX1XFJ9K3
FEDERAL AWARD DATE SUBAWARD PERIOD OF SUBAWARD PERIOD OF
PERFORMANCE START DATE PERFORMANCE END DATE
12/6/21 01/01/2024 09/30/2024
TOTAL GRANT AWARD SUBAWARD BUDGET PERIOD SUBAWARD BUDGET
COMMITTED TO THIS ENTITY START DATE PERIOD END DATE
$20,000 01/01/2024 09/30/2024
TOTAL FEDERAL FUNDS RESEARCH & DEVELOPMENT INDIRECT COST RATE
OBLIGATED TO THIS ENTITY
$20.000 N N
FEDERAL AWARDING PASS-THROUGH
PASS-THROUGH ENTITY
AGENCY AWARDING OFFICIAL
DOJ/OJP/OJJDP Seattle Police Department Brian G. Maxey
(Seattle, City of) brian.maxey@seattle.gay
AWARD PROJECT DESCRIPTION: The National Internet Crimes Against Children (ICAC)Task Force Program,
consists of state and local law enforcement task forces dedicated to developing effective responses to online
enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each
State and local task force that is part of the national program shall: 1)consist of State and local investigators,
prosecutors,forensic specialists, and education specialists who are dedicated to addressing the goals of the task
force; 2)engage in proactive investigations,forensic examinations, and effective prosecutions of Internet crimes
against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors,
law enforcement, and others concerned with Internet crimes against children; 4) develop multijunsdictional,
multiagency partnerships and responses to Internet crimes against children offenses through ongoing
informational, administrative, and technological support to other State and local law enforcement agencies, as a
means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate
and prosecute such offenses; 5) participate in nationally coordinated investigations in any case in which the
Attorney General determines such participation to be necessary, as permitted by the available resources of such
task force; 6)establish or adopt investigative and prosecution standards consistent with established norms, to
which such task force shall comply; 7) investigate, and seek prosecution on tips related to Internet crimes against
children, including tips from Operation Fairplay,the National Internet Crimes Against Children Data System, the
National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and
local agencies, with priority being given to investigate leads that indicate the possibility of identifying or rescuing
child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to
the community, 8)develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate
agencies; 9) maintain reports required by OJJDP and other reports and records as determined by the Attorney
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General; and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet
crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the
law of the State where the task force is located.
INDEMNIFICATION AND HOLD HARMLESS
City of Yakima shall defend, indemnify, and hold the City 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
Company waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the City 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: tory.adams(a yakimawa.gov Email. Kelly.crouchAseattle.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
N me: Dav Date Brian G. Maxey Date
Title: Interim City Manager Chief Operating Officer
CITY CONTRACT NO' 2024—01`-
RESOLUTION NO: IQ•2 o 24—Qg
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.L.
For Meeting of: May 7, 2024
ITEM TITLE: Resolution authorizing the City Manager to execute an
Memorandum of Understanding with the Seattle Police Department
to receive reimbursement funding for the continued use of forensic
cell phone tools
SUBMITTED BY: Tory Adams, Police Lieutenant
Matt Murray, 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
I CAC)Task Force. The City of Yakima Police Department could use this funding to continue its
use of forensic cell phone tools.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution 4/30/2024
0 MOU 4/23/2024
