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07/17/2018 06L Gray Key Extraction Software Interlocal AgreementITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.L. For Meeting of: July 17, 2018 Resolution authorizing an I nterlocal Agreement with the Police Departments of the cities of Union Gap, Selah, Toppenish, Sunnyside and Yakima County for the purchase and utilization of Gray Key extraction software Dominic Rizzi, Chief of Police Detective Kevin Lee SUMMARY EXPLANATION: Gray Key is a software tool used during investigations of a crime allowing police officers to unlock and extract evidence from locked iPhones. The parties to this agreement will share in the purchase and maintenance cost of the software, and the Yakima Police Department will provide personnel to perform the extraction of evidence if probable cause exists. The total cost of the system is $16,230. Yakima Police Department will pay $4,230 out of our existing Capital small tools budget (333 3016428), with the remainder of the cost to be paid by the participating agencies as outlined in exhibit A of the agreement. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Yes Public Safety Acting City Manager Description O resolution o Gray Key agr n Upload Date 7/1222018 713/2018 2 Type Coyer Memo tract A RESOLUTION 3 RESOLUTION NO. R -2018 - authorizing an Interagency Agreement with the Police Departments of the City of Union Gap, City of Selah, City of Toppenish, City of Sunnyside and Yakima County for the purchase and utilization of Gray Key extraction software WHEREAS, the purpose of this Interagency Agreement is to share in the cost with other law enforcement agencies for the purchase and utilizations of Gray Key iPhone unlocking/extraction software; and WHEREAS, Gray Key is a software tool used during investigation of a crime allowing police officers to unlock and extract evidence from locked iPhones; and WHEREAS, the Yakima Police Department will furnish the personnel to perform the extraction of evidence from the iPhones for the other parties to this agreement; and WHEREAS, the parties to this agreement will share in the purchase and maintenance cost of the software; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to sign an Interagency Agreement between the Yakima Police Department and the Police Department of the City of Union Gap, City of Selah, City of Toppenish, City of Sunnyside and Yakima County for the purchase and utilization of Gray Key extraction software. ADOPTED BY THE CITY COUNCIL this 17th day of July, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 INTERAGENCY AGREEMENT BETWEEN YAKIMA POLICE DEPARTMENT, YAKIMA COUNTY SHERIFF'S OFFICE, SUNNYSIDE POLICE DEPARTMENT, UNION GAP POICE DEPARTMENT, TOPPENISH POLICE DEPARTMENT AND SELAH POLICE DEPARTMENT THIS AGREEMENT is made and entered into by and between the Yakima Police Department (hereinafter "YPD"), Yakima County Sheriff's Office (hereinafter "YSO"), Sunnyside Police Department (hereinafter "SPD"), Union Gap Police Department (hereinafter "UGPD"), Toppenish Police Department (hereinafter "TPD") and Selah Police Department (hereinafter "Selah PD"). IT IS THE PURPOSE OF THIS AGREEMENT to create a cooperative arrangement with each of the law enforcement agencies that are party hereto in the shared cost purchase and utilization of GrayKey iPhone unlocking/extraction software. THEREFORE, IT IS MUTUALLY AGREED THAT: COOPERATIVE AGREEMENT Each of the law enforcement agencies that are a party to this Agreement shall contribute to annual cost of the GrayKey software required to accomplish the purpose of this Agreement; said contributions shall be provided in the amounts set forth in Exhibit "A", attached hereto and incorporated herein by this reference. GrayKey is a software tool used during the investigation of a crime, allowing police officers to unlock and extract evidence from locked iPhones. GrayKey is comparable to the Cellebrite cell phone unlocking/extraction system, which allows police officers to unlock Android -based cell phones during a criminal investigation. The Cellebrite system is already being used by SPD, YPD and YSO, along with several local federal agencies. In consideration of the cost share provided by each party hereto they shall receive iPhone unlocking/extraction services conducted by the Yakima Police Cyber Crimes Unit during the annual GrayKey license term. The cost of this service is not refundable once each party's annual contribution has been submitted to YPD. There may be brief periods during Apple Computer updates during which information extraction may not be possible, however GrayKey indicates it has, at a minimum, two other extraction methods available for application during such update events. YPD shall furnish the personnel necessary to perform the extraction of evidence from iPhones submitted by the law enforcement agencies that are a party hereto. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on May 1, 2018, or date of execution by each party hereto, whichever comes later, and will terminate on April 30, 2019. This Agreement may be renewed annually so long as the parties receiving the services provided continue to participate in the annual licensing cost. COMPENSATION AND BILLING PROCEDURE Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. Page 1 of 6 5 BILLING PROCEDURE BETWEEN YPD AND PARTIES YPD shall submit invoices for reimbursement of the annual licensing costs set forth in Exhibit A to each party hereto. Each party's payment to YPD for the party's annual cost share shall be made at the beginning of each annual contract term by warrant or account transfer within thirty (30) days of receipt of the invoice. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated prior to expiration of the annual license period, the parties hereto agree that there will be no refund of the annual license cost paid by the terminating party. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined first by mediation. If mediation is unsuccessful in resolving the dispute the parties shall have recourse in a court of law. GOVERNANCE AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. Disputes that cannot be resolved through mediation shall be resolved in a court of competent jurisdiction in Yakima County, Washington. Page 2 of 6 6 WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. DESIGNATED CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: YPD Detective Kevin Lee YSO Detective Martin/Sergeant Towell SPD Sergeant Glossen/Chief Escalera UGPD Detective Santucci/Chief Cobb TPD Chief Ruggles/Captain Johnson Selah PD Chief Hayes/Detective Brumley FILING AGREEMENT In accordance with RCW 39.34.040, upon approval of the appropriate action by ordinance, resolution or law of the governing bodies of the participating public agencies legislative body. COUNTERPARTS This Interagency Interlocal Agreement may be executed in counterparts. Upon YPD's receipt of the executed counterparts from each of the parties hereto, and upon the approval of this Agreement by the Yakima City Council, the terms, conditions and obligations of the parties hereto shall become effective and enforceable. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF YAKIMA c/o YAKIMA POLICE DEPARTMENT Cliff Moore, City Manager Date Page 3 of 6 DONE this `day of J'�L✓ 2018 coolitt . 4 W ASry,y • /it 7 BOARD OF YAKIMA COUNTY COMMISSIONERS Ron erson, Chairman Ocs ff: 0,i est: Linda -Kay O'Hara 't, yo . °: o ZZI eptitt Clerk of the BoaAlii ?�'' ..... ►t. 3S Approved as to form: Deputy Prosecuting Atto y Michael D. Leita, Commissioner J. id Elliott, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington BOCC 136-2018 June 5, 2018 YAKIMA Signatu alltf SHERIFFS OFFICE Title Date SUNNYSIDE POLICE DEPARTMENT Signature Title UM ¶,GAP POLICE DEPARTMENT Date Signature TOPPENISH POLICE DEPARTMENT Signature Tit!e Date Page 4 of 6 8 9 RESOLUTION 2018 - 08 A RESOLUTION APPROVING INTERAGENCY AGREEMENT BETWEEN THE YAKIIVIA POLICE DEPARTMENT, THE YAKIMA COUNTY SHERIFF'S OFFICE, THE SUNNYSIDE POLICE DEPARTMENT, THE UNION GAP POLICE DEPARTMENT, THE SUNNYSIDE POLICE DEPARTMENT AND THE SELAH POLICE DEPARTMENT RELATING TO THE PARTNERSHIP TO SHARE THE COST TO PURCHASE AND PAY FOR ANNUAL LICENSING FEE FOR GRAYKEY SOFTWARE TO CONDUCT FORENSIC INVESTIGATIONS ON LOCKED iPHONES WHEREAS, the Sunnyside Police Department desires to partner with other law enforcement agencies to share the purchase and annual costs to obtain software to conduct forensic investigations involving iPhone seizures, and WHEREAS, the Sunnyside Police Department has funds available in the Special Investigative Fund to pay for its portion of the assessed annual licensing fee, and WHEREAS, the Sunnyside Police Department and the Yakima Police Department, the Yakima County Sheriff's Office, the Toppenish Police Department, the Union Gap Police Department and the Selah Police Department wish to enter into an Interagency Agreement to share in the purchase and annual licensing costs for GrayKey software, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYSIDE, WASHINGTON AS FOLLOWS: The Interagency Agreement between the Yakima Police Department, the Yakima County Sheriff's Office, the Sunnyside Police Department, the Union Gap Police Department, the Toppenish Police Department and the Selah Police Department relating to the purchase and annual licensing fee of GrayKey software to conduct forensic investigations on locked iPhones is approved and the City Manager is authorized and directed to sign the agreement on behalf of the City of Sunnyside, in care of the Sunnyside Police Department. This resolution shall be effective immediately upon passage and signatures hereto. 2018. PASSED by the Sunnyside City Council at its regular meeting held on May 14, IA HAR , Mayor ATTEST: DEBOEDA, MMC, City Clerk YAKIMA COUNTY SHERIFF'S OFFICE Signature Title City of Sunnyside c/o SUNNYSIDE POLICE DEPARTMENT Date CITY CONTRACT NO: A - W - RESOLD COUNCIL MTG: title City Manager UNION GAP POLICE DEPARTMENT Signature Title Date TOPPENISH POLICE DEPARTMENT Signature Title Date Date Page 4 of 6 12 RESOLUTION 2018-15 A RESOLUTION APPROVING INTE GENCY AGREEMENT BETWEEN THE YAKIMA POLICE DEPARTMENT, THE YAKIMA COUNTY SHERIFF'S OFFICE, THE SUNNYSIDE POLICE DEPARTMENT, THE UNION GAP POLICE DEPARTMENT, THE TOPPENISH POLICE DEPARTMENT AND THE SELAH POLICE DEPARTMENT RELATING TO THE PARTNERSHIP TO SHARE THE COST TO PURCHASE AND PAY FOR ANNUAL LICENSING FEE FOR GILVYKEY SOFTWARE TO CONDUCT FORENSIC INVESTIGATIONS ON LOCKED WHONES WHEREAS, the Toppenish Police Department desires to partner with other law enforcement agencies to share the purchase and annual costs to obtain software to conduct forensic investigations involving iPhone seizures, and WHEREAS, the Toppenish Police Department has funds available in the Special Investigative Drug Account to pay $2,000.00 for its portion of the purchase and the assessed annually licensing fee, and WHEREAS, the Toppenish Police Department and the Yakima Police Department, the Yakima County Sheriff's Office, the Sunnyside Police Department, the Union Gap Police Department and the Selah Police Department wish to enter into an Interagency Agreement to share in the purchase and annual licensing, costs for GrayKey software, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON AS FOLLOWS: The Interagency Agreement between the Yakinia Police Department, the Yakima County Sheriff's Office, the Sunnyside Police Departrrient, the Union Gap Police Department, the Toppenish Police Department and the Selah Police Department relating to the purchase and annual licensing fee of GrayKey software to conduct forensic investigations on locked iPhones is approved and the City Manager is authorized and directed to sign the agreement on behalf of the City of Toppenish, in care of the Toppenish Police Department. This resolution shall be effective immediately upon passage and signatures hereto. PASSED by the Toppenish City Council at its regular meeting held on May 14,2018. ATTEST: C, Finance Director/City Clerk 13 YAK MA COUNTY SHERIFF'S OFFICE Signature Title Date SUNNYSIDE POLICE DEPARTMENT Signature Title Date UNION GAP POLICE DEPARTMENT Signature Title TOPS` ENISH POL Date Page 4of6 14 RESOLUTION NO. AD la) t) A RESOLUTION AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO SIGN INTERAGENCY AGREEMENT BETWEEN YAKIMA POLICE DEPARTMENT, YAKIMA COUNTY SHERIFF'S OFFICE, SUNNYSIDE POLICE DEPARTMENT, UNION GAP POLICE DEPARTMENT, TOPPENISH POLICE DEPARTMENT AND SELAH POLICE DEPARTMENT. WHEREAS, the City of Selah desires to enter into an agreement with the City of Yakima Police Department, Yakima County Sheriff's Office, and the cities of Sunnyside Police Department, Union Gap Police Department, Toppenish Police Department, for the purpose ofjointly purchasing, using and sharing the costs of the GrayKey iphone unlocking and extraction software; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON that the Mayor (or her designee — the Police Chief) is authorized to sign the Interagency Agreement with Yakima Police Department, Yakima County Sheriffs Office, Sunnyside Police Department, Union Gap Police Department, and Toppenish Police Department to share in the cost for the purchase an utilization of GrayKey iPhone unlocking/extraction software. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON this 8th day of May, 2018. ATTEST; Robert e, City Attorney SELAH POLICE DEPARTMENT Si nature CA/1°F 4)74 / /rte .; Title Date Page 5 of 6 15 16 Exhibit A Participating Agency Cost Allocation YPD $4,230.00 YSO $4,000.00 SPD $2000.00 UGPD $2,000.00 TPD $2,000.00 Selah PD $2,000.00 Total Cost, with Tax $16,230 Page 6 of 6 17 CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 18--19 A RESOLUTION authorizing the City Manager to sign a Interagency Agreement with the Police departments of the City of Yakima, City of Selah, City of Toppenish, City of Sunnyside and Yakima County. WHEREAS, the purpose of this Interagency Agreement is to share in the cost with the other law enforcement agencies for the purchase and utilization of Gray Key iPhone unlocking/extraction software; and WHEREAS, Gray Key is a software tool used during investigation of a crime allowing police officers to unlock and extract evidence from locked iPhones. Funding is to be used for high visibility enforcement patrols; and WHEREAS, the Yakima Police Department will furnish the personnel to perform the extraction of evidence from the iPhones for the City of Union Gap and the other parties to the Interagency Agreement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows: The City Manager is authorized to sign a Interagency Agreement with the Police departments of the City of Yakima, City of Selah, City of Toppenish, City of Sunnyside and Yakima County for the purchase and utilization of Gray Key iPhone extraction software. PASSED this 23rd day of April, 2018. ATTEST: ' K regi Clifton, City Clerk/ 1 � "Yr ! Roge A entz, . yor Bronson Brown, City Attorney