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HomeMy WebLinkAbout12/13/2022 13. City Administration report on Regional Crime Lab 1 4- _7'.7-till'','++++ a0-0 ,--''' ..... .- --,,„ .v41 ‘,c.),% ..:, 1 •..... li++Ittt 0RP°RATED �$ ____----- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13. For Meeting of: December 13, 2022 ITEM TITLE: City Administration report on Regional Crime Lab SUBMITTED BY: Robert Harrison, City Manager Sara Watkins, City Attorney Matt Murray, Chief of Police SUMMARY EXPLANATION: Presentation on the regional crime lab. See attached information for additional details. ITEM BUDGETED: NA STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type I memo from CM Harrison 12/8/2022 Backup Material ID LCL Memo City Attorney 12/8/2022 Cover Memo ❑ LCL presentation 12/8/2022 Presentation ID note from Chief Murray 12/8/2022 Backup Material D email from ITS Manager John Carney 12/8/2022 Backup Material ID supporting documents 12/8/2022 Backup Material ❑ Resolution LCL 12/8/2022 Resolution Yakima Valley Local Dime Lab Professional Service 12/8/2022 Contract Agreement 2 MEMORANDUM To: Honorable Mayor and Council members From: Bob Harrison, City Manager Date: December 7, 2022 RE: YVCOG crime lab On December 13,the City Council will be considering the contract for participation in the Yakima Valley Conference of Governments (YVCOG) crime lab. It is the City administration's recommendation not to enter into an agreement for this service as a full member. While the YVCOG leadership has reported that the City of Yakima is against this proposal, neither the Yakima City Council nor the City administration has ever taken a position against the creation of the YVCOG crime lab. We believe it is a worthwhile investment for the County and other participants to share the costs of crime analysts that can produce actionable intelligence for the various police departments in the Yakima Valley as there is an absence of that information available to those jurisdictions. There may also be additional value to jurisdictions that participate in the crime lab because they don't have those services now. Our primary concerns are as follows: A) That the YVCOG crime lab program is an opt-in program and not considered a base service of the YVCOG. The YVCOG has structured participation in this program in an opt-in format. B) Avoiding the duplication of costs for services provided by the YVCOG crime lab and what the City of Yakima is already funding within the police and other department budgets. We had requested the opportunity to purchase individual services from the YVCOG that does not duplicate services already being funded by the City. The proposed membership agreement still requires the City to share in all of the funding, even of duplicate services. In our opinion, the City would be best served by being able to purchase individual services in this area similar to how the YVCOG provides planning and regional services on individual contract. C) Not being charged for services that are provided by other agencies at no current cost to the City. There are several federal and state agencies that provide the same services that the City can access at no charge. D) The contract with the YVCOG needs to meet the City standards for contracts. Initial comments were made by the City Attorney to YVCOG's attorney regarding the City's standards and other amendments to the contract, prior to its final form. Many of the proposals made by the city attorney were not integrated into the final proposed contract in front of you. The city attorney's memo covers this concern in more detail. Even if the City isn't a full member of the YVCOG crime lab,we would anticipate working closely with the analysts inviting them to briefing meetings with City analysts and other federal partners. The City would also be willing to work with YVCOG on other partnership opportunities. 3 I have requested the police chief and the city attorney to conduct the presentation on the proposed contract on Tuesday evening. Those presentations are included in your packet. 4 iiirlik. r_ ..,.....„„„„„„„, ..4...... 01.:.)..4 .4,,, .,..„4....." ''......01_4„ ', /1C. �•$�__ Office of the City Attorney City of Yakima MEMORANDUM December 3, 2022 TO: Honorable Mayor Janice Deccio and Councilmembers Bob Harrison, City Manager FROM: Sara Watkins, City Attorney SUBJECT Review of YVCOG Proposed Resolution and MOU regarding the proposed Yakima Valley Local Crime Lab The Yakima Valley Conference of Governments (YVCOG) is proposing to its members a new service—the Yakima Valley Local Crime Lab (LCL). The City received a proposed Professional Services Agreement to support the LCL from YVCOG. It is attached as Exhibit "A". With that Professional Services Agreement came a proposed Resolution, attached as Exhibit "B," and two letters of support, attached as Exhibit "C." The LCL also has provided Bylaws for the LCL which further outlines obligations of LCL members. Those are attached as Exhibit "D." I have had the opportunity to review both the proposed resolution and Professional Services Agreement. This memo constitutes an evaluation of possible effects of entering into the Professional Services Agreement as provided and approving the resolution as submitted. 1. Proposed Resolution Approving the Participation in the RCIC YVCOG provides a proposed resolution (Exhibit "B" attached hereto) which would, if passed by the City Council, authorize the City Manager to sign the Professional Services Agreement with YVCOG regarding participation in the LCL. Since City Council resolutions are drafted to outline both the benefit to the community and the benefit of the City, Yakima generally passes its own individualized resolution. As such, a proposed resolution is provided for your review if the City Council chooses to move forward and sign the Professional Services Agreement. Of course, if the City Council does not wish to move forward with the Professional Services Agreement, no resolution will be necessary. 200 South Third Street,2"d Fl. I Yakima,WA 98901 P:509.575.6030 I F:509.575.6160 5 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 2 2. Proposed Professional Services Agreement In reviewing the Professional Services Agreement (hereinafter referred to as the "Agreement"), there are some sections which could use clarification, and others that contain language that may not be beneficial to the City. a. Section 1(b) and 1(c): City Services to be provided Section 1(b) states that cities "will provide such assistance...as may be reasonably required to support the objectives set forth in the Scope of Work and to develop and maintain a supportive regional crime preventative program." The Scope of Work is vague (to be discussed later). As such, requiring cities to provide "such assistance" as "reasonably required" to support the Scope of Work and objectives of the crime center could put the City on the hook for providing more than a monetary contribution to the program (or an additional monetary contribution). Further, it states that the City agrees to support development of the program "including ... other materials reasonably necessary or supportive of the collective commitment of participating members." By signing the Agreement as is, the City would be required to provide additional assistance and support, which is undefined and unknown based on the language of the Agreement and the Scope of Work. Contracts should be clear about the obligations of each party. This Agreement does not provide certainty or clarity regarding the City's obligations since the language requires the City to provide additional support, but does not define or explain what such additional support entails (which under the language could include additional funds, additional staff time, or additional materials/items/equipment because it is vague). This opens the City up to possible unknown additional obligations under the Agreement. b. Section 3: Consideration Section 3 addresses consideration for the Agreement—in other words, what the City will have to pay for the professional services provided under the terms and conditions. The annual budget provided in the Agreement runs the years 2023, 2024 and 2025. After that the costs will be determined "by appropriate documentation of costs actually incurred annually before October 31, 2025." Ms. Wickenhagen indicated in her presentation to the City that YVCOG received $2,823,211 in ARPA funding from the County for"qualifying expenditures incurred during the period of September 1, 2022 through August 31, 2026. Those expenditures were presented as follows: Staff Wages & Benefits $1,355,507 Equipment/Training/Registration/Mileage/Lodging $1,333,034 Admin Costs (HR, Finance, etc.) $99,670 6 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 3 Misc. Other—testing supplies, office supplies, etc. I $35,000 TOTAL $2,823,211 Phase 1 equipment (NIBIN, VisionX, ArcGIS, and Cellebrite) total $615,150.37 of the $1,333,034 equipment budget. Phase 2 equipment (RapidHIT) totals $639,044.00 of the Equipment budget. The Agreement is silent as to whether cities pay into the system and get unlimited use of the equipment or if the equipment will also have a cost (i.e. for testing supplies etc.). How jurisdictions access and use the equipment should be stated in the Agreement so that the City knows if either the yearly cost includes unlimited use of the staff and equipment, or if there are going to be additional pay-to-use costs associated with use of the equipment and/or staff. Since the Agreement is silent, YVCOG could implement a pay-to-use system at any time. There also is no language in the Agreement that anticipates evaluating whether per capita is a proper method for payment, or an evaluation of whether the personnel costs could be split per capita with the equipment use being paid by those who use it. Although each jurisdiction pays per capita, the use of the resources will be by request.' There should be a large amount of data collected during the first three years of the program showing which communities are being served and how often, so there could be a conversation at the end of the three years about cost-sharing and whether the per capita method is appropriate. However, the Agreement itself only contemplates per capita for participating jurisdictions in the present Agreement and in the future. c. Section 6(c): Termination The termination provisions of the Agreement only allows it to be terminated if YVCOG breaches the Agreement, or by mutual agreement of YVCOG and the City. There is no way for the City to unilaterally provide notice and terminate the Agreement as it is written.2 1 As an example:Zillah and Grandview have different numbers of people residing in their respective communities, but Zillah may request use of the equipment 100 times,and Grandview may request use of the equipment 10 times. Zillah is paying$2,971.00 and Grandview is paying$10,208.00. This is disproportionate to the actual use of the equipment. 2 I suggested a termination for convenience section that reads similar to the following: This Contract may be terminated by the City without cause,in whole or in part,at any time during this Contract,or any extension thereof, by providing the other party thirty(30)calendar days advance written notice of the termination. I also suggested a termination provision for non-appropriation in the event the Council does not have adequate budget funds to continue to pay for the services or chooses to not fund the program during any budget year: Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the City Council and/or other identified funding source(s)of sufficient funds to support the activities described in the Contract. If such appropriation is not approved,this Contract will terminate at the close of the current appropriation year. 7 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 4 The Agreement does have language that states cities will choose to pay into the program on a yearly basis. However, the termination clause does not provide for termination through a City Council determination to no longer fund the program due to budget constraints or other reasons. Since YVCOG under the termination clause must agree to termination, even if the City chooses to not pay the yearly charge, the Agreement may not be immediately terminated. In other words, if the City fails to pay for a year, YVCOG has the option to terminate the Agreement, but the City is responsible for all costs through the date of termination. As an example, if the City fails to pay on January 1st, but the YVCOG chooses not to terminate the Agreement until July 1st, the City is responsible for six months of payment. YVCOG has given itself an unfair advantage in the termination clause with no reciprocal language that would allow the City to terminate the Agreement. These clauses (the clause allowing the City to choose to fund the program yearly, and the termination clause) seem to conflict. Conflicting provisions create uncertainty. The termination section should be clear, because how the Agreement can be terminated is an important piece of the evaluation of entry into any contract. d. Dispute Resolution. In the termination section, there is also a section on dispute resolution (subsection d). This dispute resolution section requires the parties to enter into binding arbitration. By doing so, the City would give up its ability to take a matter in front of a judge to determine. Arbitrators are not judges, rather, they are generally attorneys who are paid to arbitrate cases. Arbitration does not follow the same rules as a court proceeding—rules are relaxed. There would be no opportunity to choose to have the case in front of a jury either. The City generally does not agree to binding arbitration because it limits how the City can have disputes heard. The City, as you know, often enters into voluntary alternative dispute resolution activities to try to resolve matters. However, the City always wants to retain its right to have something heard in court in front of a judge. e. Sections 13(b) and 20: Indemnification/Hold Harmless Confusingly, there are two sections with indemnification language, and they are not the same. The first is found in Section 13(b), which does not comply with the City's standard indemnification language because it only indemnifies the City if YVCOG acts with gross negligence rather than simple negligence. This difference is substantial as nearly every unintentional act that results in a claim is based on negligence. Gross negligence is a heightened standard which requires proof of a conscious or voluntary act or omission in reckless disregard of a legal duty. Negligence, on the other hand, is generally a failure to exercise the reasonable standard of care. See Black's Law Dictionary(7th Edition)pages 1056- 1057. By agreeing to an indemnification clause that only indemnifies the City in cases of gross Having this provision in the Agreement would allow the Council, during the budget process,to evaluate whether it wishes to continue to opt-in to the program. Neither of these suggestions were incorporated into the final Agreement. 8 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 5 negligence, the City opens itself up to a claim in the event the actions or omissions of YVCOG do not rise to that level. Under Section 20 there is another indemnification clause where YVCOG provides a basic hold harmless provision that holds the City harmless from YVCOG's negligence. However, YVCOG then excepts from the hold harmless provisions liability for property damage and/or bodily injury resulting from the negligence of construction contracts or subcontractors who are chosen and paid by YVCOG with funding from cities under the Agreement. The City would generally not agree to such a carve out in the hold harmless provision. f. Insurance This Agreement does not require that YVCOG hold a specific amount of insurance. Section 13(b) states: "The Conference shall maintain liability insurance covering its activities and services provided under this agreement in the form and amount determined reasonable and appropriate by the Conference." In other words, YVCOG will choose how much insurance coverage it should carry and the City has no say. The Agreement also does not require that the City be an additional named party on the insurance, or that the insurance cover any specific activities. This language is contrary to the standard insurance clauses placed in City of Yakima contracts for professional services. g. Public Records Act City of Yakima contracts generally have language in them asserting rights in all documents held by the contracting party that are relevant to the contract. Those rights generally include the right to review and obtain copies upon request from the City, especially in cases of PRA requests to the City. There is no language outlining and confirming YVCOG's obligations to the City if the City receives a PRA request for documents concerning the Agreement. Case law has found that when cities contract with outside entities for services, that the documents that are created under the contractual terms and conditions are generally subject to the PRA, and must be provided by the City to a requestor. Without language outlining YVCOG's obligations to provide the City copies of all documents, the City could be subject to additional litigation over access to documents, and the City may not be able to quickly comply with PRA requests. Additionally, since there is no contractual provision requiring access and retention, the City could have no contractual recourse against YVCOG in the event YVCOG failed to assist with a PRA request. h. Attachment 1: Scope of Work Attachment 1 is the proposed scope of work for the professional services to be provided under the Agreement. However, it provides no description of the project, no language about what YVCOG is actually going to do with the money, no concrete deliverables and no timelines. YVCOG presented some information to Council in a power point at a recent Council meeting, but that power point is not binding and is not part of the Agreement. The outlines of how money is going to be spent, phasing of spending, and other deliverables and timelines should be 9 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 6 specified in the Scope of Work. If those items are not in the Agreement, there is no contractual recourse against YVCOG if they are not delivered. The sole statement describing the LCL is as follows: [YVCOG will] Develop a Program within YVCOG, known as the Local Crime Lab, to provide intelligence and forensic services to local law enforcement. There is no list of equipment being purchased in the Agreement. There are no job descriptions for the professionals filling positions to further this goal in the Agreement. The Agreement's scope is very vague and should be clearer as to the mission and goals of the program so that the parties can be sure that YVCOG is fulfilling the expectations of the Cities who are paying for the program.3 Included with the information is a letter in support from Sheriff Udell. However, none of the services he mentions in his letter are listed in the proposed Agreement. As such, City Council should assume that none of those services are required to be provided by YVCOG as part of the LCL. If the services are not in the Agreement document, they are not required to be provided and the City would not be able to hold YVCOG accountable if they are not provided. Miscellaneous 1. There is no budget for this program YVCOG has received ARPA money from Yakima County, and has vaguely outlined how it will be spent, but it has not provided an itemized budget. Usually a budget will outline the number of people to be hired, their salaries and benefits; administrative costs; equipment purchases (which is included in the power point but not in the actual Agreement); and other expenses itemized for clear review. There is also no future projection of costs (which may be easy or easier to ascertain with a full budget). A future projection of costs would help the City evaluate future costs after the initial three-year period. Right now, those costs are undetermined. YVCOG provided more specific budget information in its application for the ARPA grant. However, those budget numbers are not in the Agreement. It would be helpful if the more specific numbers were attached to the Agreement as an exhibit for transparency. 2. Is the lab going to be accredited? Washington state crime labs are accredited by the American Board of Forensic Toxicology. There is no indication in the Agreement that the LCL will be accredited. There should be language in the Agreement requiring YVCOG to get the lab accredited and a timeline for such accreditation. This is especially true since one of the few options for the City to terminate the Agreement under its current language is if YVCOG breaches the Agreement. 10 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 7 3. LCL Bylaws The LCL Bylaws were not drafted with input from all of the cities, as the City of Yakima was not consulted in the formation of those bylaws.4 The LCL Bylaws are also not incorporated into the Professional Services Agreement as additional contractual terms and conditions of the Agreement. As such, a violation of the bylaws cannot be enforced through termination of the Agreement. The bylaws provide for an Operations Board that oversees and directs the Executive Director of YVCOG. It then gives the Sheriff the full authority to make any changes to the LCL, including termination of any or all services, as he sees fit. This is concerning as the bylaws provide for no majority vote on such a change, or other debate or input. One person has full authority to take away any services, add services (and costs), or simply terminate the entire lab under the Bylaws (but not the Professional Services Agreement). The City does not have a say in this, only the Sheriff. Although the Sheriff doesn't have the authority to terminate the Professional Services Agreement with YVCOG, the Bylaws give the Operations Board the authority to authorize, or not authorize, the executive director to act. There is no mention of this structure in the Professional Services Agreement. Since there is no mention of it, these two documents seem to be conflicting. The City can terminate the Professional Services Agreement with YVCOG if it fails to comply with its terms and conditions. Yet, the Operations Board can direct YVCOG to terminate the LCL, seemingly a direct violation of the Professional Services Agreement. The Operations Board is made up of all police chiefs from the participating jurisdictions, each of which has one vote, regardless of population, monetary contribution, or actual use of the LCL services. The duties of the Board include budgeting—they are the group that will approve the YVCOG proposed budget each year for the program, essentially determining what the yearly assessment will be. The YVCOG roles and responsibilities in the Bylaws are different than the scope of work provided in the Agreement. Under the Professional Services Agreement scope of work of there is no mention that the Operations Board will have terminating authority or budgeting authority. Further, the Professional Services Agreement scope of work states that the Operations Board is to `advise and provide input; discuss operations, programs, services and development of the LCL; and "otherwise provide oversight." The inconsistencies between the Operations Board Bylaws and the Professional Services Agreement are concerning and should be addressed prior to entering into an agreement for Professional Services so that all parties have a complete understanding of the roles of the organizations, as well as to ensure that the Professional Services Agreement clearly incorporates the Bylaws of the Operations Board. There also needs be language that addresses which document prevails if there is conflicting language, so that the parties understand their roles and responsibilities, and how the documents will be enforced. 4 Interestingly,the Bylaws state that they were approved on October 5, 2022, but the LCL hasn't been formed yet, so it is unclear what jurisdictions were involved in drafting the bylaws,or if YVCOG drafted them. 11 Honorable Mayor and City Councilmembers City Manager Review of YVCOG Documents Regarding LCL December 3, 2022 Page 8 4. Additional thoughts There are many details of the program that need to be developed, and it is unclear how those details will be developed—will it be solely by YVCOG which has no prior law enforcement experience; will law enforcement agencies be involved, and which ones; will cities be involved, and which ones; and who will decide who gets to participate if it is not all law enforcement agencies and/or all cities? What happens if the details are developed in such a way that a City no longer wishes to participate? Additionally, vague contract provisions stating that YVCOG is to develop a program without stating what the goals and proposed outcomes of the program are creates a situation where it will be difficult to argue, if necessary, that YVCOG has breached the Agreement or is not fulfilling the terms and conditions of the Agreement. As such, it would be difficult for the City to ever terminate the Agreement under the terms and conditions proposed (which is why additional termination language should be evaluated). The goal of any contract is for both parties signing it to understand what each party's obligations are to each other. In this Agreement it is clear that the City's obligation is to pay money to YVCOG, but it is not as clear as it could be as to what the City is getting from that payment. 12 YAKIMA VALLEY LOCAL CRIME LAB PROFESSIONAL SERVICE AGREEMENT THIS PROFESSIONAL SERVICE AGREEMENT("Agreement"), entered into this day of by and between the Yakima Valley Conference of Governments, a regional association having its territorial limits within Yakima County, State of Washington(hereinafter called the "Conference"),acting herein by James A. Restucci, Conference Chair, acting hereunto duly authorized,and the City of , a municipal corporation, located within Yakima County, State of Washington(hereinafter called the "City")(together the"Parties"), acting herein by , Mayor, hereunto duly authorized: RECITALS WHEREAS, the Conference and participating local governmental entities have determined that there is a mutual benefit in developing and maintaining a regional crime preventative program, sharing information,and coordinating services on a regional basis and providing for the centralized administration of a Local Crime Lab and everyone recognizes the shared benefit thereof; WHEREAS,the Conference possesses staff and facilities to develop and administer a mutual Local Crime Lab for the collective benefit of participating members consisting of county and local municipal entities; and WHEREAS, the City and Conference desire to enter into this contract for the purpose of establishing, developing, and administering a Local Crime Lab; WHEREAS, the City has determined that a need exists and through a cooperative regional resource for gathering, maintaining, and facilitating local and regional information and services a benefit provided; WHEREAS the Conference is the subrecipient of the Federal American Rescue Plan Act(ARPA) of 2021 which is providing grant funding for the purposes of assisting with the development of this regional crime preventative program; and, WHEREAS,the City is desirous of contracting with the Conference for administrative and other services related to a regional crime preventative program and Local Crime Lab. NOW THEREFORE,the Parties do mutually agree as follows: 1. Services to be Provided by the Parties: a. The Conference shall protect the purpose of this Agreement which is to stand up a regional crime lab with forensic equipment and expertise in a manner consistent with the activities more specifically laid out in the Scope of Work(Attachment A to this Agreement), subject to modifications deemed necessary for the development and maintenance of a Local Crime Lab. b. The City will provide such assistance, information, and data as may be reasonably required to support the objectives set forth in the Scope of Work and to develop and maintain a supportive regional crime preventative program. Page 1 of 10 13 c. The success of the Local Crime Lab is contingent upon the City's good faith participation and cooperation with the Conference in developing, maintaining, and administrating the Local Crime Lab. The City agrees to cooperate and support the development of the program including the division of information,data, and other materials reasonably necessary or supportive of the collective commitment of participating entities. 2. Time of Performance: The effective date of this contract shall be the date the Parties sign and complete execution of the contract. Three-year funding by ARPA provides funding for the development and induction of the program. This is a one(1)year contract, but the Parties recognize and agree that the collective intent of the participating entities is to establish and maintain a program that will support the region and local communities over a sustained period of time. 3. Consideration: a. The City shall share the cost of developing the program based upon a three-year budget as more particularly set forth in Attachment B which is for all allowable costs and expenses in furtherance of the Scope of Work. i. Reimbursement under this contract shall be based on an annual budget and assessed on a per capita basis. The assessment for 2023, 2024, and 2025 is detailed in Attachment B to this Agreement, which sets forth the projected budgets. The projected budgets are based on City's population. H. Year 2026 will be supported by appropriate documentation of costs actually incurred annually before October 31, 2025. It is expressly understood that claims for reimbursement shall not be submitted in excess of actual requirements necessary to cany out the purposes of this Agreement. iii. Assessments for periods after the first three years, beginning in year 2026, should be determined by the annual budget and divided on a pro rata basis which is determined in proportion to City's population. b. Funding and support of the program in subsequent years is upon the City's determination and appropriation of funds will go to support the activities described in this Contract. The renewal of the City's participation in the program shall be determined annually but it is recognized that the intent is to establish a cooperative and mutually beneficial Local Crime Lab that supports both the region and participating municipalities. 4. Maintenance of Records: a. The Conference shall maintain complete and accurate records of all business and activities under this Agreement as it relates to the development, operation, and financial records for the program. In general, such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards(as appropriate), and performance. During the term of this Agreement and per state law for sever years Page 2 of 10 r 14 following termination or expiration of this Agreement,the Parties shall maintain records sufficient to: i. Document performance of all acts required by law, regulation, or this Agreement; ii. Maintain accounting procedures, practices, and records that sufficient and properly document the Conference's invoices and all expenditures made by the Conference to perform as required by this Agreement; and iii. For the same period,the Conference shall maintain records sufficient to substantiate the Conference's statement of its organization's structure, tax status, capabilities, and performance. b. The Conference shall establish and maintain a system of internal accounting control which complies with applicable Generally Accepted Accounting Principles(GAAP). All Conference records with respect to matters covered by this Agreement shall be subject to examination by the State Auditor. c. The Conference shall make available to City a copy of audit report, recommendations, and findings upon written request. The annual audit must include a management letter that addresses the adequacy of internal controls within the organization. d. The Conference is responsible for any audit expenses incurred in any audit and any such expenses are normal and reasonable charges to the program. The Conference shall make available financial and other components of the work and services provided as part of the project and this Agreement upon the City's written request. The City and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records, and books of the Conference involving transactions related to this local program and contract. 5. Relationship: The relationship of the Conference to the City shall be that of an independent contractor rendering professional services. The Conference shall have no authority to execute contracts or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Conference. The Parties agree that,for the purposes of this Agreement,the Conference is an independent contractor and neither the Conference nor any employee of the Conference is an employee of the City.Neither the Conference nor any employee of the Conference is entitled to any benefits that the City provides its employees. The Conference is solely responsible for payment of any statutory workers' compensation or employer's liability insurance as required by state law. Page 3 of 10 15 6. Breach,Termination.and Dispute Resolution: a. If the Conference fails to comply with the terms and conditions of this Agreement,the City may pursue such remedies as set forth herein, including, but not limited to,termination of the contract between Parties in the manner specified herein. b. Failure/Breach—If the Conference fails to comply with the terms and conditions of this Agreement, or City asserts a material breach of obligations under the Parties' contract,the City shall provide written notification to the Conference of the asserted breach or failure to comply with terms or conditions of the Parties' contract. The Conference shall have thirty (30) days in which to dispute or correct the asserted breach or failure. c. Termination for Cause—The Parties shall have the right to terminate this contract for cause including the following: (1) The Conference's material breach of the terms and conditions of this Agreement and failure to correct or resolve alleged failures or breaches as provided in the preceding paragraph; (2) By mutual consent of Conference and City, in which case the two Parties shall devise by mutual agreement,the conditions of termination, including effective date and in case of termination in part,that portion to be terminated; (3) City's failure to pay assessments to the Conference promptly or within sixty(60)days after invoices are rendered. Conference shall have the option of terminating this Agreement, but City shall remain obligated for all assessments and obligations through date of termination. d. Dispute Resolution—Should any dispute arise between the Parties,the dispute matters shall be first submitted to mediation before a mutually acceptable mediator. The Parties shall each pay their own costs associated with mediation and each shall pay one-half of the selected Mediator's fees. If the mediation is unsuccessful,then the matter, at either parry's request, shall be submitted to binding arbitration in accordance with the Uniform Arbitration Act(Chapter 7.04A RCW). A substantially prevailing party shall be entitled to recover their costs and attorneys' fees incurred in the arbitration, and the substantially non-prevailing party shall pay the cost of the arbitration, including the arbitrator's fee. 7. Reports and Periodic Review: a. Reports to Participating Entities— Conference shall provide to City and other participating entities, periodic reports(not less than annually)of the development, operations, programs, and recommendations with respect to continuing and future services and activities for the Local Crime Lab. In the context of periodic review,the City shall also provide to the Conference any recommendations, proposals, or questions regarding both past and future operations of the program. The intent of the Parties is that the development of the Local Crime Lab shall be a collaborative effort that will benefit from a transparent and open line of communication between all participating entities. Page 4 of 10 16 b. Annual Reports— The Conference shall furnish the City annual reports pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. c. Recognition of Development— Conference and City recognize that the development of the Local Crime Lab will be a significant undertaking with the first three(3)years being a period where the program, administration and services are developed through the collaborative efforts of all participating entities. Conference shall coordinate a collaborative review of the development and operation of the program during the summer of 2025 for the purpose of conducting a collaborative review of the program for the purpose of refining the scope and parameters of operations and services. 8. Amendments: This Agreement, or any term or condition, may only be modified in writing and signed by both Parties. Only personnel authorized to bind each of the Parties shall sign an amendment. 9. Personnel: The Conference represents that they have, or will secure at their own expense, all personnel required in order to perform under this Agreement. Such personnel shall not be employees of,or have a contractual relationship with,the City. All services required hereunder will be performed by the Conference or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. The work or services covered by this Agreement may be subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be specified in written contract or agreement and shall be subject to each provision of this contract. 10. Assignability: The Conference shall not assign any interest on this Agreement, nor shall it transfer any interest on this Agreement(whether by assignment or novation), without prior written consent of the City thereto: provided,however,that claims for money by the Conference from the City under this contract may be assigned to a bank,trust company, or other financial institution without such approval. 11. Findings of Confidentiality: The Parties shall use any confidential information gained by reason of this Agreement only for the purposes of this Agreement.Neither the City nor the Conference shall disclose,transfer, or sell any such information to any other party,except as provided by law. All of the reports, information, data, etc., prepared or assembled by the Conference under this contract are confidential to participants in the program and the Conference agrees that they shall not be made available to any individual or organization without prior written approval of the City unless otherwise subject to public records laws. The City shall agree the same. Page 5 of 10 17 12. Copyright: No reports,maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Conference. 13. Compliance with Laws: a. The Conference shall comply with all applicable local, state, and federal laws, related to the performance of services under this Agreement and the operation and administration of the regional crime preventative program. b. To the maximum extent permitted by law,the Conference shall, at its cost and expense, indemnify, defend, and hold City harmless from and against any and all demands, liabilities, causes of action, costs and expenses(including attorneys' fees), claims,judgments, or awards of damages, arising out of or in any way resulting from the gross negligence of the Conference, or its agents or subcontractors. The Conference shall maintain liability insurance covering its activities and services provided under this agreement in the form and amount determined reasonable and appropriate by the Conference. 14. Title to Property: Title to all property purchased or furnished by Conference for use by the Conference during the term of this agreement shall remain with the Conference. The Conference shall take reasonable steps to protect and maintain all property in its possession against loss or damage. Since federal funds will provide the primary source for acquisition of necessary equipment and assets,the disposition of equipment and assets upon termination of the program shall be in accordance with applicable federal law and requirements, including but not limited to the provisions of 2 CFR Section 200.313, as amended. 15. Nondiscrimination: The Conference agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, veteran status, pregnancy, age, marital status, political affiliation or belief, or the presence of any sensory,mental, or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60), or under Title VI of the Civil Rights Act of 1964, or the Americans with Disabilities Act(42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule, or regulation. 16. Interest of Members of the City: No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct, or indirect, in this contract; and the Conference shall also take appropriate steps to assure compliance. Page 6 of 10 18 17. Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the Conference shall take appropriate steps to assure compliance. 18. Interest of Consultant and Employees: The Conference covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Conference further covenants that in the performance of this contract, no person having such interest shall be employed. 19. Creation of an Operations Board: The Conference shall establish an Operations Board to provide oversight to the program and which shall consist of the Cities' Police Chief and the Yakima County's Sheriff. The Yakima County Prosecuting Attorney, or his delegate, will sit on the Board ex officio and will hold no voting privileges.As part of its role,the Board will meet regularly to discuss operations, programs, and services under this program, as well as its development. This Board will constitute a collaborative measure to ensure that the interests and concerns of the participating members are represented. 20. Hold Harmless: The Conference agrees to indemnify, defend, and hold City harmless from and against all loss and expense, including attorney's fees and costs by reason of any and all claims and demands upon the City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Conference's and its agents'negligent performance of work associated with this agreement. The Conference shall not be liable for property and bodily injury that may result from the negligence of any construction contractor or construction subcontractor. 21. Integration Provision: It is agreed and understood that this Agreement contains all agreements, promises and understandings between the Conference and the City and that no verbal or oral agreements, promises or understandings shall be binding upon either party in any dispute, controversy or proceeding at law, and any addition,variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either party to insist upon strict performance of any of the terns or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity Page 7 of 10 19 This agreement contains all terms and conditions agreed to by the City and the Conference. The Attachments to this agreement are identified as follows: Attachment A, Scope of Work, consisting of 1 page. Attachment B, Local Crime Lab Services Costs, consisting of 1 page. IN WITNESS WHEREOF,the City and the Conference have executed this contract agreement as of the date and year last written below. CITY OF YAKIMA VALLEY CONFERENCE OF WASHINGTON GOVERNMENTS by by Mayor/City Manager YVCOG Chair/Executive Director ATTEST: ATTEST: by by City Clerk Secretary Date: Date: APPROVED AS TO LEGAL FORM: by Attorney for YVCOG WSBA# Page 8 of 10 20 ATTACHMENT A SCOPE OF WORK Services perfonned under this contract shall consist of, but are not limited to, the following described tasks. It is recognized that the services performed under this contract may be modified based on the directives of the funding sources who hold certain privileges and abilities to direct and make modifications. The purpose of this contract is to stand up a regional crime lab with forensic equipment and expertise. • Develop a Program within Yakima Valley Conference of Governments,known as the Local Crime Lab,to provide intelligence and forensic services to local law enforcement. • Provide organizational management of the Local Crime Lab. • Purchase equipment and software applications to support forensic services. • Maintain accounting records for audit with the Washington State Auditor's Office. • Hire and train staff to become experts with equipment purchased that will be owned and maintained in furtherance of Local Crime Lab including for intelligence and forensic purposes. • Develop policies and procedures for internal control for the Local Crime Lab. • Develop and submit annual reports to the participating members identifying local performance of evidence processed • Provide training to personnel and regional law enforcement to access forensic information. • Comply with local, state, and federal initiatives to increase public safety and reduce crime. • Update participating members regarding new or proposed legislation, regulations,or funding streams that may impact the operation of the Local Crime Lab. • Represent the interests of participating member jurisdictions in state or other organizations which are critical to developing and implementing regional plans for combating crime and supporting victims or victims' families of crimes committed against them. • Manage grant and contractor compliance,monitoring and program performance evaluation and implement new grant guidance as required by finders. • An Operations Board ("Board") shall be established to advise and provide input for the Local Crime Lab and shall include the Cities' Police Chief and the Yakima County's Sheriff. The Yakima County Prosecuting Attorney, or his delegate,will sit on the Board ex officio and will hold no voting privileges.This Board shall meet at regular intervals to discuss operations, programs,services, and development of the Local Crime Lab and otherwise providing oversight for the program. Page 9 of 10 21 ATTACHMENT B Local Crime Lab Services per member cost: Members OFM % Population Population 2023 2024 _ 2025 GRANDVIEW 4.25% 10,960 $ 10,208 $ 16,183 $ 16,183 - GRANGER 1.43% 3,690 $ 3,437 $ 5,448 $ 5,448 HARRAH 0.22% 580 $ 540 $ 856 $ 856 MABTON 0.77% 1,975 $ 1,839 $ 2,916 $ 2,916 MOXEE 1.71%_ 4,405 $ 4,103 $ 6,504 $ 6,504 NACHES 0.43% 1,110 $ 1,034 $ 1,639 $ 1,639 SELAH 3.19% 8,235 $ 7,670 _ $ 12,159 $ 12,159 SUNNYSIDE 6.35%_ 16,400 $ 15,275 $ 24,215 $ 24,215 TIETON 0.55°% 1,430 $ 1,332 $ 2,111 $ 2,111 TOPPENISH 3.44% 8,870 $ 8,261 $ 13,097 $ 13,097 UNION GAP 2.56% 6,595 $ 6,142 $ 9,738 $ 9,738 WAPATO _ 1.79% 4,610 $ 4,294 $ 6,807 $ 6,807 YAKIMA 37.90% 97,810 $ 91,099 $ 144,418 $ 144,418 YAKIMA CO. 34.19% 88,240 $ 82,185 $ 130,288 $ 130,288 ZILLAH 1.24% _ 3,190 $ 2,971 $ 4,710 $ 4,710 TOTALS 258,100 $ 240,390 $ 381,090 $ 381,090 Page 10 of 10 22 (MUNICIPALITY) APPROVING THE PARTICIPATION IN THE REGIONAL CRIME INTELLIGENCE CENTER ADMINISTERED BY CONFERENCE OF GOVERNMENTS("YVCOG") WHEREAS, the "Yakima Valley Conference of Governments" ("YVCOG") was established in 1966 as the regional local government to administer programs and services of mutual concern for t h e me m b e r s within Yakima County, Washington. The original agreement was executed by Yakima County, the towns of Harrah and Naches, the cities of Grandview, Granger, Mabton, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato,Yakima,and Zillah;and WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic,economic,population and other factors influencing the needs and development of local communities; and WHEREAS, the (city) finds that YVCOG administering a regional crime intelligence center aligns with the purpose of YVCOG outlined in RCW 39.34.010 and the YVCOG Articles of Association;and WHEREAS, the(city)wishes to make the most efficient use of their powers of combating crime in a regional approach and in harmony with the other member entities; and WHEREAS, the elected Yakima County Sheriff is in full support of YVCOG administering the regional crime intelligence services to local law enforcement agencies; and WHEREAS, the regional crime intelligence center's services will enhance the efforts and tools currently being used by local law enforcement agencies; and WHEREAS, the members agree to collaborate with other members by sharing in the cost of the Regional Crime Intelligence Center and to establish local control for priorities when processing evidence used in criminal activities; and WHEREAS, the YVCOG will establish an operations board consisting of local law enforcement and local law enforcement experts to determine the priorities for processing criminal evidence; and WHEREAS, the Regional Crime Intelligence staff is not law enforcement, but considered support staff to law enforcement by offering services by processing criminal evidence for participating members of the Regional Crime Intelligence Center; and WHEREAS,the participating members agree to continue to financially support the RCIC for a minimum of five (5) years, and to pay the three (3) years startup matching funds determined at the time of this resolution by signing a Professional Services Agreement and submitting it to the Yakima County Sheriff or YVCOG Board of Directors; and WHEREAS, the members of YVCOG not participating in the Regional Crime Intelligence Center shall be immediately provided services by signing a Professional Services Agreement and 23 • submitting the Professional Services Agreement to the Yakima County Sheriff or YVCOG Board of Directors agreeing to pay the three (3) year startup matching funds determined at the time of this resolution and agreeing to support the RCIC for a minimum of five (5) years; and WHEREAS, the YVCOG will annually provide a balanced budget for the operations of the Regional Crime Intelligence Center to allow for lower costs by cost sharing the services provided to members and to determine the member's year shared cost; and WHEREAS,the participating members will evaluate the impact of services provided to law enforcement agencies after five (5) years and determine the future of the services; and WHEREAS, the members of the YVCOG Board of Directors have voted to recommend approval of the Regional Crime Intelligence Center services to its members;and WHEREAS, the (city) finds that the services offered by the Regional Crime Intelligence Center should be approved by(city);and NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: The (city) hereby approves and agrees to the terms and conditions of the Yakima Valley Conference of Governments Regional Crime Intelligence Center Professional Services Agreement attached hereto as Exhibit A and authorizes the (mayor) to execute the same on behalf of(city). 24 pox t cloy-4 tivi Win. YAKIMA COUNTY SHERIFF ' S OFFICE ROBERT UDELL, Sheriff P.O.Box 1388 Yakima,Washington 98907 TELEPHONE: (509)574-2500 FAX:(509)574-2601 To: Mayors and City Council Members From: Sheriff Robert Udell Date: October 24,2022 RE: Local Crime Lab Dear Elected Officials: The Yakima County Sheriff's Office is pleased to inform you the County Commissioners voted 3-0 to approve the$2.8M contract with Yakima Valley Conference of Governments to administrate the Local Crime Lab for the region's law enforcement agencies. As the elected Sheriff of Yakima County,my duty is to oversee public safety for our valley. monitor our local agencies and trends in law enforcement closely, and work with all our valley's departments. My most important concerns have been regarding access to local technology and resources, delayed services from the state crime lab,and increasing scrutiny on agencies regarding evidence processing. I am of the strongest opinion that for our valley to improve public safety,we will need to work together, combine resources, pursue enhanced technology, and start taking matters into our own hands instead of relying only on the State any longer. No one can be counted on to help us: We must work together to make a difference! After much discussion,the majority of county police chiefs,the prosecutor, and myself have come to a consensus that YVCOG is in a unique position to assist our collaborative effort to create a shared crime lab for several reasons. Courts across the nation are moving toward requiring an independent,3"'party to offer evidence and expert testimony in court. The independence of this program will eliminate any perceived conflict of interest or bias of crime lab staff. Across the country,it is best practice to have crime labs not beholden to law enforcement agencies based on their employment. The investigative work performed in an independent agency will eliminate this concern. The services offered through a neutral party provides an equal playing field for all municipalities. If the services were under one agency,whether it was true or not, perception would be that the home agency's evidence would take priority over the rest. And honestly, the opportunity and desire would be there for that agency to prioritize their cases. It is just human nature. 25 Single agency control would mean that agency's governing body would make decisions for all participating agencies. Commissioners, one City's Council,or even a single Police Chief could just unilaterally decide to not fill a "shared" position. The other municipalities would have no voice or mechanism to ensure shared programs could continue for the remaining interested agencies. The goal is for this effort to be enduring and stable! YVCOG already performs neutrally administered programs for our region as the legal and administrative entity for the valley. YVCOG has been providing services of mutual concern under the Interlocal Cooperation Act since 1966. The legal framework is described in RCW 39.34.030. YVCOG already applies for and administers grants and has the capacity to manage what is very difficult for police agencies to administer. Law enforcement agencies are already experiencing staff shortages, and having the administration performed for us will allow law enforcement to focus on public safety. YVCOG will provide multi-jurisdictional participation in a manner that provides greater expertise and lower costs to the member jurisdictions. The only way this program is affordable for all the agencies is by sharing the cost. No single agency can afford the level of service this program will provide. But the best part is that by sharing costs,the overall benefits to all participating agencies and our communities is increased! The operations of the program will fall under the joint authority of law enforcement in a coordinated, multi-jurisdictional effort. The mission of the Local Crime Lab services will be to enhance and support faster investigations, bolster cases to support stronger prosecutions, eliminate long court delays, and provide expert testimony for local detectives to reduce costs. Trained forensic staff will process rapid DNA, bullet casings, and access criminal cell phone/computer data. Sharing data and intelligence that is collected in a unified and integrated manner will enhance how local law enforcement works together to utilize their limited resources by conducting precision policing to interrupt crime. The first commitment is to identify criminal patterns and trends. Forensic lab tools, located here in the Yakima Valley,will be offered to law enforcement agencies to assist in evidence-based decisions as detectives work through a case. The evidence processing equipment provides means to determine the risk level of an individual, or just as important, provide forensic evidence of a person' innocence. Families of victims and victims deserve resolution in a timely manner. The Local Crime Lab services program would assist in this goal for victims. Currently, all of Yakima County's law enforcement agencies utilize lab services,either through the WSP managed state crime lab or private labs,that are out of our area and out of our control. We literally have no say in those lab's priorities. This initiative is a local effort,managed locally! w 26 The$2.8M ARPA grant has provided the necessary funds to stand-up the Local Crime Lab services program for the first four years. Our valley law enforcement agencies do not have the resources, individually or collectively,to start a Local Crime Lab services program without utilizing these ARPA funds.The funding will purchase equipment, hire and train staff, provide for operational costs, and support all Yakima Valley communities with adequate tools to decrease high crime rates. During the four years ARPA funds are being utilized to initiate and operate this program,municipalities are asked to contribute a match to support these services beyond the four-year grant period. For these reasons, I fully support the Local Crime Lab services program at YVCOG and ask for your support in supplying the match funding. Sin - -ly, , Igil Rol •rt Udell Sheriff, Yakima County Sheriff's Office r; ; mission .q the `:. : r 'If;.Sheriff's ;'; ,', .t . to ;.i, ,.;o, ;,;;, I ,, 27 I 28 )G 311 North 4th Street,Suite 204,Yakima,Washington 98901 I Office:(509)574-1550 Yakima Valley CowesofGovernments YVCOG.org November 1, 2022 Dear Elected Official: Yakima Valley Conference of Governments has been working throughout 2022 to offer a Local Crime Lab for the region's law enforcement agencies. It has been a pleasure working with some of the communities' most dedicated public servants,your Police Chiefs, and our Elected Sheriff.We have taken a year listening to the needs that local departments have in combating crime and developed the Local Crime Lab to the specifications they expressed. The statement we heard over and over was we need to collaborate, pool funds, and be able to have local control over urgently needed resources to improve public safety.As we listened to their comments,we knew YVCOG could offer this opportunity for them. By allowing the law enforcement authority over a program administered through YVCOG,the technology and staff costs could be shared, offering additional resources, and enhancing capabilities within their own agency. In addition to forensic programs, sharing data and intelligence and a unified approach will allow officers to work in an integrated manner like never before. The Local Crime Lab was developed to improve public safety.YVCOG understands your criminal justice budget keeps increasing. We understand each municipality's match in the Local Crime Lab is another cost in your budget. YVCOG will continue to seek additional funding to support the operations after the ARPA grant is closed out in 2026.We will continually review and measure the success for the Crime Lab with your Chief to ensure it is delivering for our communities. It is with pleasure I offer the Professional Service Agreement for your participation in the Local Crime Lab. I would personally like to thank the valley's Police Chiefs,Sheriff, Prosecuting Attorney, Coroner, Washington State Crime Lab,Alcohol,Tobacco, and Firearms, my Deputy Director, International Association of Law Enforcement Intelligence Analysts,Triple Base Consulting LLC, and the Executive Committee for answering our unending questions and for your support and perseverance through this program's development. I look forward to serving you with the new Local Crime Lab. 'itQdx.4.40/e1,4)-- Chris Wickenhagen Executive Director MEMBERS Grandview I Granger I Harrah I Mabton I Moxee I Neches I Selah I Sunnyside I Tieton I Toppenish I Union Gap I Wapato I Yakima I Yakima County I Zillah 29 30 Yakima Valley Local Crime Lab Bylaws This document establishes the role of the Yakima Valley Local Crime Lab (LCL), its administrative and operational guidelines,the obligations of each LCL member, and the obligations of YVCOG staff in support of the LCL. Roles and Responsibilities The Yakima Valley Conference of Governments (YVCOG) has established a Yakima Valley Local Crime Lab (LCL) Operations Board to manage the coordination of services to local law enforcement. Services may include but are not limited to the areas of processing criminal evidence, criminal investigative support, reports, criminal activity intelligence, and plans thereby benefiting them in terms of efficiency, timely evidence results, and the ability to set local priorities to process evidence of a crime. The YVCOG General Membership, YVCOG Executive Committee, or any jurisdiction's City Council or Yakima County's Board of Commissioners shall have no authority over the LCL Operations Board roles and responsibilities. The YVCOG Executive Committee has the authority to enter into contractual agreements to operate the LCL, to adopt a balanced budget by December 31st of each year for the subsequent year,to carry out the fiscal obligations necessary to operate the LCL, and to authorize the Executive Director or his/her designee to carry out the services authorized by the LCL Operations Board. In the interest of accountability,the Elected Sheriff has the ability to make appropriate changes in the LCL to include termination of services. ADMINISTRATIVE DUTIES: YVCOG will prepare an annual budget in July of each year to present to the Operations Board for review and approval.The annual proposed budget will include actual expenditures from the previous year, costs to maintain the current services desired, costs for new services requested or removal of services no longer needed.The annual cost for the LCL will then be shared out based on per capita population for participating agencies. YVCOG shall administer the program with integrity honoring each agency, who choose to participate, with an equal voice. YVCOG will seek and apply for local, state, and federal funding assistance for operating the LCL to reduce to cost to local agencies. YVCOG shall act as the fiscal agent for the LCL. LCL funds shall be deposited in a public treasury and checks disbursed pursuant to vouchers approved by YVCOG.The financial operation of the LCL shall be subject to all applicable State statutes governing budgeting and auditing procedures. Page 1 of 6 Approved: October 5, 2022 31 32 YVCOG will recruit for positions required to operate the LCL as determined by Operations Board. YVCOG employee staff, determine salaries, fringe benefits, and handle all employee discipline if necessary.The YVCOG Executive Director or his/her designee will work with the Operations Board to determine staff expectations. YVCOG Staff Roles and Responsibilities YVCOG shall seek partnerships with other law enforcement agencies. YVCOG shall also work with agencies seeking to aid victims, victims' families, and other community stakeholders, where appropriate, on the following: 1. To recruit, perform interviews, and outsource background checks to Yakima County Sheriff's Office for LCL Staff 2. To maintain confidentiality in regard to jurisdictional internal investigations, or other sensitive investigations determined by the Chief of Police and Sheriff or their designees of that agency, lab staff will not share information or evidence they may have been exposed to with other LCL participating law enforcement agencies. 3. YVSIU investigations are conducted completely independently of the involved underlying agency. In the event of an officer involved shooting, the LCL will adhere to Law Enforcement Training and Community Safety Act, WAC 139-12. 4. To contract or hire technical and administrative staff to provide and perform services with respect to LCL, plans and activities including planning, grant administration and other services. 5. To identify participating members and non-participating members of the Yakima Valley Local Crime Lab and communicate back with the Operations Boards the status of participants 6. To collect the Professional Services Agreement from participating agencies and maintain adequate records 7. To invoice and collect participating members assessment fee for the Yakima Valley Local Crime Lab 8. Establish and publish a transparent budget annually showing actual costs from previous year to the Operations Board; 9. Develop subsequent annual budgets based on the needs determined by the Operations Board; 10.To work with Yakima County Technology Services and vendors to install equipment, applications, firewalls, and required security 11. Develop, implement, and update as needed policies and procedures with input and participation from the Operations Board; 12. Regularly review and evaluate best practices to determine the effectiveness of the intelligence; 13. Establish performance outcomes and targets to measure and evaluate the effectiveness of priorities set by the Operations Board; Page 2 of 6 Approved: October 5,2022 33 34 14. Additional purposes of the administration for the Yakima Valley Local Crime Lab program (administered by YVCOG) are to: a. Serve as the annual fiscal agent seeking grant opportunities to fund and support services targeted at assisting law enforcement in timely processing evidence utilizing available technology; b. Coordinate staff trainings and equipment maintenance; c. Maintain the Crime Mapping Application (ESRI) dashboards and provide training to law enforcement when necessary how to review precise information; d. Maintain the equipment purchased or leased for the Intelligence Center by proactively budgeting replacement costs while applying for grants to replace equipment when necessary; e. Schedule and prepare documents for meetings; OPERATIONS BOARD DUTIES: The purpose of the Operations Board is to establish, organize and maintain a collaborative approach to combat crime in the Yakima Valley. The Operations Board will have full authority over the LCL services and budget. Operations Board Members of the LCL shall: a. Include one voting member per law enforcement participating agency b. Include the Yakima County Elected Prosecuting Attorney as an ex-officio member c. Have the ability and authority to serve on behalf of their jurisdiction for purposes of collaboration d. Is directly responsible for law enforcement decisions within the jurisdictional boundaries of their agency e. Is directly responsible for directing law enforcement staff within the jurisdictional boundaries of their agency It is the intent of the LCL Operations Board to work with participating member law enforcement agencies to share criminal intelligence to combat crime in a collaborative manner.The Operations Board understands that, at times,there may be sensitive internal investigative information that needs to remain confidential throughout an investigation. When this happens,the Chief of Police and Sheriff or their designees for that municipality will communicate with the Executive Director to isolate any information learned by the LCL Staff from other agencies. Page 3 of 6 Approved: October 5, 2022 35 36 The Operations Board will establish rules and policies for the LCL operations. In addition to rules and policies, they will set the expectations for delivery of services, determine priorities for processing criminal evidence, and govern the day-to-day operations and procedures of the LCL. Each participating law enforcement agency shall have an equal vote in all decisions. Any member may designate a representative to attend meetings in that member's place. While so designated,the representative shall assume all rights and responsibilities of a full member.The designee must be from the same jurisdiction and be a law enforcement officer. OPERATIONS BOARD Roles and Responsibilities • To determine the equipment and staffing levels to process criminal evidence in a timely manner; • To assist in budgeting and coordination of projects and programs which may involve federal and/or state financial participation and to assist in review of such projects and programs; • To appoint a subcommittee to interview committees, equipment evaluations, or other LCL service needs; • To determine the measurement for success of the services provided; • To communicate with the Executive Committee and General Membership on program services and future needs • All LCL members are expected to support the outcome of a LCL Operations Board decisions made during meetings • It is expected that LCL Operations Board member will provide instruction to their respective jurisdiction/agency regarding the policies and procedures within the LCL, • Missing a scheduled LCL meeting is not justification to oppose a LCL Operations Board decision or recommendation. • LCL members are expected to represent the interests of their respective jurisdictions and agencies, but must recognize the primary goal of achieving outcomes that maximize regional benefit. • LCL members recognize that YVCOG Senior Staff are required to evaluate program success without consideration of jurisdictional or political boundaries, or weighting potential outcomes to member jurisdictions within the Yakima Valley NON-MEMBER LAW ENFORCMENT AGENCIES TECHNICAL ASSISTANCE SERVICES The LCL Operations Board strongly supports collaboration with all law enforcement agencies. At times, non- member agencies may request technical assistance processing evidence. Page 4 of 6 Approved: October 5, 2022 37 38 The LCL may process evidence for a fee to the requesting agencies upon approval of the LCL Operations Board. The criteria to process evidence will be: 1. A crime or suspect is expected to be linked to a crime committed in Yakima County 2. The Chair or Vice Chair may authorize immediate approval in an emergency 3. The evidence being processed will not typically be prioritized over evidence of a participating local agency 4. The outside agency will pay a fee for services to be determined 5. Fees for services to outside agencies will be determined by the Operations Board. Meetings • The LCL Operations Board will meet in-person or via Zoom at a minimum of once a month on the 2nd Thursday of each month. e Meetings may be hosted by any of the LCL members. Officers The Operations Board shall elect a Chair and Vice Chair from the Operations Board.The Chair and Vice Chair shall serve a two (2) year term of office.There is no limit to terms of the Chair or Vice Chair. Unless otherwise provided, Robert's Rules for Small Boards shall govern the business of the Operations Board. Chair duties include but are not limited to: o Review draft minutes and draft agenda before distribution to the whole LCL. • Preside over LCL meetings. e May be asked to attend YVCOG Executive Committee meetings and YVCOG General Membership meetings when a LCL-related agenda item requires a detailed technical report or explanation. Vice-chair duties include but are not limited to: ▪ Review draft minutes and draft agenda, in the absence of the Chair, before distribution to the whole LCL. • Preside over LCL meetings when the Chair is unavailable. Voting • Each Operations Board Member is allowed one vote on any decision before the LCL. ■ All votes will pass by simple majority of members present. Page 5 of 6 Approved: October 5, 2022 39 40 • When a vote is needed prior to a regularly scheduled meeting,the LCL may use an email poll for a vote in lieu of calling a special meeting. • Members may attend LCL meetings via teleconferencing in the event they cannot attend a meeting in person provided YVCOG has the technology necessary to provide this not only at meetings @ YVCOG but remotely if the LCL is meeting elsewhere. Subcommittees • Subcommittees members shall be identified on a volunteer basis as approved by the Operations Board. • Subcommittees members shall serve until the work of the subcommittee is completed, or until replacements have been identified. • Subcommittees must have at least one member who is a member of the LCL. LCL Bylaw Amendments • Bylaw amendment proposals may only be introduced at a regularly scheduled LCL meeting and a vote may occur at the next regularly scheduled LCL meeting. • LCL bylaws may be amended by a majority vote. Page 6 of 6 Approved: October 5, 2022 41 Proposed Crime Lab CITY OF YAKIMA - ADMINISTRATION 'S POSITION City Manager Comments Overview • The administration is not and has never been "Anti-Crime Lab" • Our position has been consistent —Yakima tax-payers should not pay for services we already fund • There are no new services being proposed that would benefit Yakima at this time • The following presentation will provide factual information in answer to the crime lab presentation made to City Council. A variety of experts (detectives, investigative sergeants, CSI personnel, IT personnel,federal partners, and state crime lab personnel) were consulted to provide facts for my response. Data Analytics and Precision Policing YAKIMA ALREADY PAYS FOR THIS SERVICE AND OFTEN SHARES WITH PARTNERS THROUGHOUT THE COUNTY PROGRAM: Local Crime Lab - Pi4 I w 441 Colk[[Eala ane fnr,slin 1p perlorm inrryraledmunry—En I_ • Tram local I[wnn^wleeCivilian fommit everts ■ Sy. • Process Lulkr carinee case s[dlmed hom[nme scene Zrr.• 4[e rarnn wl mentpcnesaM[pmgnen ��O - ei[airs[MOnlawenlprtenro s __ .• e..pxn denim xnnr�nna.lnim.nnce ll at mme gi e.a[unn`.eepnn ft iee�•opnn...,--„ien POLICt nwnne.ln,,,,—nctom. In tr, th. YVCOG Response Cellebrite / GrayKey YAKIMA ALREADY PAYS FOR THIS SERVICE AND OFTEN SHARES WITH PARTNERS THROUGHOUT THE COUNTY PROGRAM: Local Crime Lab ��'� The u�wel: In 11:e 4 • ramp aaof cri iunmm�o peno,m imnrnmewnn-wm: �• rewmne m criminal a,.wn,e. • Tram local county-wide civilian forensic experts • Preens b t orange rasnp.ouared from come uene: re=M • eaess warram.mnan.ea an prone:and eampmera 1111 confiscated by law enforcement - _=_, • Process DNA evidence for identification of victims o, jam �` evidence left at •loon County-werefwunty,andc °Harm far processing eo o experts „mw,fo,eeaomrononeerwein O L 1 C ,erelocu r eoomm�nenrRI 13e agencies far crimes YVCOG Response Training existing personnel WE WOULD WHOLEHEARTEDLY SUPPORT YVCOG FACILITATING TRAINING FOR CURRENT LAW- ENFORCEMENT PERSONNEL i ROGRAM: Local Crime Lab Mill — <i data and amiaa:io perform imce,mea county wide g = _ 4 p►I(IMq _ •■ t.. zoning of criminal activities VI rmn local countywide civilian fnrensi[expertsprocess bulletcartridge casings collected hom[rime scenes =.■ Access warrant authorized cell phones and computersconfiscated by law enforcement 4E--__-- •evdProcence if eatcreme conesor canon of alaims o.evrdenre left at come scenes Digital t, A County-wide forensic axperts j�Ofocused on processing data O�' allows collaboration between - �! Ct federal,xotr,county,and city agencies for crimes committee In ':iir-. IS their respectiveinntelctione. ' •i YVCOG Response Rapid DNA THIS TECHNOLOGY IS NOT OF VALUE IN WASHINGTON STATE 4pKIM4 RapidA helps solve #\ •� crimes and !► speed up trials , POLIO° YVCOG Response No added value to Yakima tax- payers BECAUSE YAKIMA ALREADY PAYS FOR THE SERVICES BEING PROPOSED THERE IS NO FINANCIAL VALUE Lacn member pays the same amount per person J rxgseravea nremeece at she mweat<we poauae a my pool By shoring me inn ��I and renNYl01W%of'mice,a a wln.win, -w aw....sm. 4 co,ebr now we have no meter OFM control over whether MeaaYw Pyulnvn _ our case eddene wal Cod Mhna& 161E VI be accepted for totemic GRANOYRW %tp1% IQ%0 WN 10188 atWYal lFe mate.oriMYlifR11—J%'I JM Wla J.YI now loner will latrn IIARRAH O.aa+O s80 WU !Nm 6FermBob Udell.-me state MANTE] 0TN, 1.9H W14 lalabs are buriedet IOW%tI 1.310% 4I. 0 W1A tan ao thevaet N�`Aonls oq% I.110 W1, tawonnrines—someou, petal J.19%I 81Js WN WV • will wan In Lne for MINNYSIOF 635% 16A00 WIA I5119 months or eve.wets __N 6lfl11 IAJO WIA 1231 ear.and some might be En. N1511 lM% 6.970 WIA y[I lenee,na not '" p,ecesmd,t a0• jmmN one Lie4 6aos WI. 6.141 OLIO illAPATI) 1.19a 4.610 WI, .s.YAKWA 3P.90%4 9TA10 W1, 91M9 e IILLAJ CO H�19%I B.I W1A O.Itl ZILLNI INfB J.IW 6,1314 1.911 Response ATF's NIBIN System ALTHOUGH IT WILL CUT OFF A FEW DAYS TO GET WARM LEADS, YAKIMA ALREADY HAS A GOOD PROCESS 4PaIM,4 '. s POLICE YVCOG Response MM1 Collaboration to reduce crime together YPD IS COLLABORATIVE BY NATURE AND HAS BEEN WORKING IN PARTNERSHIP WITH AGENCIES THROUGHOUT THE VALLEY FOR YEARS . POLICt Yakima City Council Study Session Yakima City Hall -October 25,2022 _ o__ YVCOG Response Slide 10 MM1 Make sure to note that our quarterly meetings are open to any agency in Yakima county and all have been invited. The chiefs meetings existed long before I arrived Murray,Matthew,11/25/2022 State Crime Lab backlog THERE IS A SIGNIFICANT BACKLOG AFFECTING PROSECUTION - MM3 BUT THIS LAB WOULD NOT REDUCE IT 4011144 I,►�. °OLICt Slide 11 MM3 QUOTE YSO PIO N;i ray,Matthew,11/25/2022 Services being offered to Yakima YAKIMA ALREADY PAYS FOR THESE SERVICES AND WOULD GAIN NO BENEFIT AT THIS POINT MM2 prit III I ,. 0 .urz a _ stouti , . , ._ v. - 1�-1- w „Niue IS tgb ti TIST Yakima City Council Study Session Yakima City Mall October 25,2022 YVCOG Response Slide 12 MM2 There may come a time when we would want to participate in the NIBIN brassstrax- but would want to see the impact first Murray,Matthew,11/25/2022 Analysts/Technicians/ Scientists combined as investigators THIS GOES AGAINST NATIONAL STANDARDS AND SHOULD BE RE - EXAMINED , r . i, „ , , , 4pUM4 sliF , , _ -., , POLICt Yakima City Council Study Session Yakima City Hall October 25.2022 a ,` YVCOG Response Conclusion YAKIMA SHOULD WORK WITH THE CRIME LAB WHEN OPERATIONAL, BUT SHOULD NOT FUND 4p►KIM,4 #tip get-V POLICt 59 0.1('M4 Chief Matthew Murray's Office 200 S 3rd Street I Yakima, WA 98901 ,r Telephone: (509) 575-6211 OL%CE November 21, 2022 NOTE**** One of the items I addressed in the video rebutting the presentation by YVCOG to Yakima's City Council was that the state crime lab may not process evidence at all. To be clear, we have not had the lab refuse to assist us with a case in over 20 years. They DO process evidence in batches of five items (to speed up the case, prevent unnecessary testing, and reduce backlog). So, if we submit 9 items, they will ask which five we think are the best to answer the question being posed. Should those items fail to provide an answer, the lab happily moves on to the next four items. Chief Murray "Make respect a part of every interaction." 60 Murray, Matthew From: Carney,John Sent: Wednesday, November 2, 2022 2:26 PM To: Murray, Matthew Subject: GIS Services Matt, After last week's presentation, I thought it might be valuable for you get a list of some examples of GIS tools we provide your department. We have full access to all of Spillman's data, which includes data related to other agencies within the County. Here are some apps: 1. DEX Query: This is a Spillman data exchange query app that gets used to do quick mapping of cases or citations for PDRs and other queries. https://gis.vakimawa.gov/dex 2. AVL Query: This allows the user to query vehicle locations for a user defined period of time,for any unit or agency. https://gis.vakimawa.gov/avl/spillmanavl.html 3. MonkeyMap: An app that displays real-time information of events and vehicles. It has an ALI feed component that SunComm prefers over Spillman mapping. https://gis.yakimawa.gov/ps 4. IBR Report: Displays preliminary IBR Crime statistics for user defined month/year. https://gis.vakimawa.gov/crimestats/ 5. Threshold Analysis: Analyzes statistics for defined crime types and shows current trends. https://gis.vakimawa.gov/crimestats/threshold analysis.html Here is a list of dashboards: 6. Law Offenses: A dashboard that shows case data in real time. Updates every 5 minutes. https://gis.vakimawa.gov/portal../apps/dashboards/d0b3b52d0f0241e2a3868bca933f83e0 7. Calls for Service:A daily update of calls for service and officer involvement time. https://gis.vakimawa.gov/portal/apes/dashboards/bc8023c9ba344d84be86c4fa7c1e098e 8. Domestic Violence: A dashboard and app that display various DV cases. https://gis.yakimawa.gov/portal/apps/dashboards/d6965a6b1a4543c18bfd0d9bf6e986df 9. Traffic Corridors: An emphasis by traffic control for activity in two corridors. https://gis.vakimawa.gov/portal/apes/dashboards/2c6748b5dedd406191d1217f090608dc 10. Patrol Activity: Statistics for officer activity. https://gis.vakimawa.gov/portal/apes/opsdashboard/index.html#/55b9f91776924d81bad675689e20ac c0 11. Gun Involvements: Displays current gun involved cases and locations county wide. https://gis.vakimawa.gov/portal/apes/dashboards/9b2a229e1f9d46fead433f1effafc405 12. Major Crimes: A public facing dashboard that shows year to date activity. https://vakima.maps.arcgis.com/apes/dashboards/4f40de12008b4c95a1b588434319c6c1 13. Murder Map: A public facing dashboard that shows homicide activity for Yakima. https://gis.vakimawa.gov/portal/apes/opsdashboard/index.html#/e42f8315d81d461c8974243cf88518 3b 14. Intimate Partner DV: A public facing dashboard for intimate partner domestic violence. https://vakima.maps.arcgis.com/apps/dashboards/05f039481ba445f09199a35363cfec64 15. Collisions: Dashboard of current collision information. https://vakima.maps.arcgis.com/apps/opsdashboard/index.html#/aa068e91face468c88dc979439 0028ae 1 : ae, Calls Units Directions Lars — ® - - w t.iap Home Topo Find Refire Refresh Settings 1671-BAR MEDK -_ 621 SIGNAL PEAK RD;WHITE SWAN HIGH 0 ems' ^�'"- _® ,ixai�co, Bev aecne; 111 - _— SCHOOL,WHI Cannon €rencn tent°^ 7� varier 1361 - vwm.,cxvw ONDT-LVFD-priority 1 o ca,,.. cona n eetin la 4 1751-ANIMAL PROBLEM _—_ ..tee Bac,ne «�,.e. ',,; r c R,ny 1810 YOUNG ST.GRV I® . 44, RCVD-GVPD-priority 4 Oa .. •:.x,. c.,rD .365011. ", Vns 11/D7RU2209:14:$9 S Cor,cA Ill e TR9,1 f:91 600 A .. 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II 2.2,2 12 2.2, 2.,:I, :C.c 2:' .2G.:" 2212 .- . - . Numb.of Cals.% Y., NYVII.1.Of Go Am C.. SUPPORTING DOCUMENTS 64 GUIDELINES FOR FORENSIC LABORATORY MANAGEMENT PRACTICES INTRODUCTION The American Society of Crime Laboratory Directors is a professional organization of managers and supervisors employed in forensic laboratories. We are the holders of a public trust because a portion of the vital affairs of other people has been placed into our hands by virtue of the role of our laboratories in the criminal justice system. The typical users of forensic laboratory services are not in a position to judge the quality of our work product or management for themselves. They must rely on the expertise of individual professional practitioners and the standard of practice maintained by the profession as a whole. The purpose of this document is to provide guidelines for the conduct of managers and supervisors of forensic laboratories so as to safeguard the integrity and objectives of the profession. These are not immutable laws nor are they all inclusive. Instead, they represent general standards which each manager and supervisor should strive to meet. Laboratory managers must exercise individual judgment in complying with the general guidelines in this document. The guiding principle should be that the end does not justify the means; the means must always be in keeping with the law and with good scientific practice. Adopted 1987, Revised 1994 65 RESPONSIBILITY TO THE EMPLOYER Employers rarely have the ability to judge the quality and productivity of their forensic laboratory. Therefore, the employer relies upon the forensic manager to develop and maintain an efficient, high quality forensic laboratory. MANAGERIAL COMPETENCE Laboratory managers should display competence in direction of such activities as long range planning, management of change, group decision making, and sound fiscal practices. The role(s) and responsibilities of laboratory members must be clearly defined. INTEGRITY Laboratory managers must be honest and truthful with their peers, supervisors and subordinates. They must also be trustworthy and honest when representing their laboratories to outside organizations. QUALITY Laboratory managers are responsible for implementing quality assurance procedures which effectively monitor and verify the quality of the work product of their laboratories. EFFICIENCY Laboratory managers should ensure that laboratory services are provided in a manner which maximizes organizational efficiency and ensures an economical expenditure of resources and personnel. PRODUCTIVITY Laboratory managers should establish reasonable goals for the production of casework in a timely fashion. Highest priority should be given to cases which have a potentially productive outcome and which could, if successfully concluded, have an effective impact on the enforcement or adjudication process. MEETING ORGANIZATIONAL EXPECTATIONS Laboratory managers must implement and enforce the policies and rules of their employers and should establish internal procedures designed to meet the needs of their organizations. HEALTH AND SAFETY Laboratory managers are responsible for planning and maintaining systems that reasonably assure safety in the laboratory. Such systems should include mechanisms for input by members of the laboratory,maintenance of records of injuries and routine safety inspections. SECURITY Laboratory managers are responsible for planning and maintaining the security of the laboratory. Security measures should include control of access both during and after normal business hours. MANAGEMENT INFORMATION SYSTEMS Laboratory managers are responsible for developing management information systems. These systems should provide information that assists managers and the parent organization in decision making processes. 66 RESPONSIBILITY TO THE EMPLOYEE Laboratory managers understand that the quality of the work generated by a laboratory is directly related to the performance of the staff. To that end the laboratory manager has important responsibilities to obtain the best performance from the laboratory's employees. QUALIFICATIONS Laboratory managers must hire employees of sufficient academic qualifications or experience to provide them with the fundamental scientific principles for work in a forensic laboratory. The laboratory manager must be assured that employees are honest, forthright and ethical in their personal and professional life. TRAINING Laboratory managers are obligated to provide training in the principles of forensic science. Training must include handling and preserving the integrity of physical evidence. Before casework is done, specific training within that functional area shall be provided. Laboratory managers must be assured that the employee fully understands the principles, applications and limitations of methods,procedures and equipment they use before beginning case work. MAINTAINING EMPLOYEE'S COMPETENCY Laboratory managers must monitor the skills of employees on a continuing basis through the use of proficiency testing,report review and evaluation of testimony. STAFF DEVELOPMENT Laboratory managers should foster the development of the staff for greater job responsibility by supporting internal and external training, providing sufficient library resources to permit employees to keep abreast of changing and emerging trends in forensic science, and encouraging them to do so. ENVIRONMENT Laboratory managers are obligated to provide a safe and functional work environment with adequate space to support all the work activities of the employee. Facilities must be adequate so that evidence under the laboratory's control is protected from contamination,tampering or theft. COMMUNICATION Laboratory managers should take steps to ensure that the employees understand and support the objectives and values of the laboratory. Pathways of communication should exist within the organization so that the ideas of the employees are considered when policies and procedures of the laboratory are developed or revised. Communication should include staff meetings as well as written and oral dialogue. SUPERVISION Laboratory managers must provide staff with adequate supervisory review to ensure the quality of the work product. Supervisors must be held accountable for the performance of their staff and the enforcement of clear and enforceable organizational and ethical standards. Employees should be held to realistic performance goals which take into account reasonable workload standards. Supervisors should ensure that employees are not unduly pressured to perform substandard work through case load pressure or unnecessary outside influence. The laboratory should have in place a performance evaluation process. FISCAL Laboratory managers should strive to provide adequate budgetary support. Laboratory managers should provide employees with appropriate, safe, well maintained and calibrated equipment to permit them to perform their job functions at maximum efficiency. 67 RESPONSIBILITY TO THE PUBLIC Laboratory managers hold a unique role in the balance of scientific principles, requirements of the criminal justice system and the effects on the lives of individuals. The decisions and judgments that are made in the laboratory must fairly represent all interests with which they have been entrusted. Users of forensic laboratory services must rely on the reputation of the laboratory, the abilities of its analysts and the standards of the profession. CONFLICT OF INTEREST Laboratory managers and employees of forensic laboratories must avoid any activity, interest or association that interferes or appears to interfere with their independent exercise of professional judgment. RESPONSE TO PUBLIC NEEDS Forensic laboratories should be responsive to public input and consider the impact of actions and case priorities on the public. PROFESSIONAL STAFFING Forensic laboratories must hire and retain qualified personnel who have the integrity necessary to the practice of forensic science. Verification of academic, work experience and professional association credentials is essential. RECOMMENDATIONS AND REFERENCES Professional recommendations of laboratories and/or analysts should be given only when there is knowledge and an endorsement of the quality of the work and the competence of the laboratory/analyst. Referrals of clients to other professional colleagues carry a lesser degree of endorsement and are appropriate when a laboratory is unable to perform the work requested. LEGAL COMPLIANCE Laboratory managers shall establish operational procedures in order to meet constitutional and statutory requirements as well as principles of sound scientific practice. FISCAL RESPONSIBILITY Public laboratories should be managed to minimize waste and promote cost effectiveness. Strict inventory controls and equipment maintenance schedules should be followed. ACCOUNTABILITY Laboratory managers must be accountable for decisions and actions. These decisions and actions should be supported by appropriate documentation and be open to legitimate scrutiny. DISCLOSURE AND DISCOVERY Laboratory records must be open for reasonable access when legitimate requests are made by officers of the court. When release of information if authorized by management, all employees must avoid misrepresentations and/or obstructions. WORK QUALITY A quality assurance program must be established. Laboratory managers and supervisors must accept responsibility for evidence integrity and security; validated, reliable methods; casework documentation and reporting; case review; testimony monitoring; and proficiency testing. 68 RESPONSIBILITY TO THE PROFESSION Laboratory managers face the challenge of promoting professionalism through the objective assessment of individual ability and overall work quality in forensic sciences. Another challenge is dissemination of information in a profession where change is the norm. ACCREDITATION The Laboratory Accreditation Board (ASCLD/LAB) provides managers with objective standards by which the quality of work produced in forensic laboratories can be judged. Participation in such a program is important to demonstrate to the public and to users of laboratory services the laboratory's concern for and commitment to quality. PEER CERTIFICATION Laboratory managers should support peer certification programs which promote professionalism and provide objective standards that help judge the quality of an employee's work. Meaningful information on strengths and weaknesses of an individual, based on an impartial examination and other factors considered to be important by peers, will add to an employee's abilities and confidence. This results in a more complete professional. PEER ORGANIZATIONS Laboratory managers should participate in professional organizations. They should encourage employee participation in professional societies and technical working groups which promote the timely exchange of information among peers. These societies prove their worth to forensic science, benefiting both the employee and employer, through basic training as well as continuing education opportunities. Personal contacts with other agencies and laboratories with similar interests are also beneficial for professional growth. RESEARCH When resources permit, laboratory managers should support research in forensic laboratories. Research and thorough, systematic study of special problems are needed to help advance the frontiers of applied science. Interaction and cooperation with college and university faculty and students can be extremely beneficial to forensic science. These researchers also gain satisfaction knowing their work can tremendously impact the effectiveness of a forensic laboratory. ETHICS Professional ethics provide the basis for the examination of evidence and the reporting of analytical results by blending the scientific principles and the statutory requirements into guidelines for professional behavior. Laboratory managers must strive to ensure that forensic science is conducted in accordance with sound scientific principles and within the framework of the statutory requirements to which forensic professionals are responsible. © ATF PROTECTING THE PUBLIC SERVING OUR NATION MROS Audit for NIBINSites Firearms Operations Division Audit and Training Branch I. MINIMUM REQUIRED OPERATING STANDARDS (MROS) - INTRODUCTION Background Since 1999, ATF has administered the National Integrated Ballistic Information Network(NIBIN) program working and coordinating with many State, local, and federal law enforcement and forensic partners nationwide. Over the years, the program has prospered as the value of NIBIN in combatting violent crime was recognized. In 2012,ATF shifted NIBIN's focus to a real-time intelligence tool under the Field Operations directorate and placed emphasis on quickly disseminating reliable leads to investigators. This proactive approach disrupts violent criminals before they offend again. There are 186 NIBIN partner sites, and each is crucial to the program's overall success. Many sites have invested significantly to establish and maintain successful NIBIN programs. Each site rightfully expects a consistent and effective national network. Moreover, ATF maintains the network, using funds allocated by Congress. Thus, there is inherent responsibility and oversight for ATF to uphold and strive to improve the overall performance and effectiveness of NIBIN. As the concept of crime gun intelligence (CGI) has evolved, the ATF now understands that NIBIN, like many other federal forensic programs, is a valuable tool for the law enforcement community. Thus, access to NIBIN and a robust crime gun strategy must be based on the balance of responsible fiscal stewardship combined with operational utility. Minimum Required Operating Standards (MROS) Until now however, ATF has not implemented standards for access to the network. Each site currently uses NIBIN as it sees fit, regardless of the impact on the network or ability to generate actionable intelligence for criminal investigations. ATF and the National Crime Gun Intelligence Governing Board realized this was unsustainable, as a lack of consistency and standards degrades the value of the NIBIN program, leaving violent criminals free to commit more crime. The MROS, listed below, are rooted in ATF's"Four Critical Steps for a Successful NIBIN Program" —comprehensive collection, timeliness, investigative follow-up, and feedback. They identify the practices that best allow NIBIN to provide comprehensive and timely crime gun intelligence. All NIBIN Sites will: 1. Enter all fired or test fired cartridge cases from serviced law enforcement agencies and/or departments through a NIBIN acquisition machine within two business days of receipt. 2. Enter accurately all required information during the acquisition process on the NIBIN acquisition machine. 3. Correlate and conduct a secondary review of any potential NIBIN leads through an approved NIBIN correlation machine within two business days. 4. Disseminate NIBIN leads within 24 hours. 5. Designate and maintain a NIBIN Program Administrator. 6. Have no policies that inhibit or restrict NIBIN submissions by serviced law enforcement agencies and/or departments. 7. Operate with only Qualified NIBIN Users. As of April 22, 2019 1 — What is the Rapid DNA Act of 2017? Can a Rapid DNA instrument be used to This federal law amends the DNA Identification develop DNA profiles from crime scene If you have any question : `r ',..., Act of 1994 and allows profiles generated by an samples for CODIS search or upload? agency is considering usi TON STATE PATROL P3r FBI approved Rapid DNA instrument to be DNA instrumentation, plez No, profiles developed from crime scene samples your local WSP crime!at entered into CODIS if used in compliance with the using Rapid DNA are not currently eligible for CODIS standards and procedures issued by the Director search or upload. of the FBI. Currently, it is only approved for casework reference samples processed at an Can a local law enforcement agency build its My agency is thinking about i accredited laboratory, or at FBI-approved booking own DNA database of Rapid DNA profiles, or instrumentation. What are IDNA Pilot stations for arrestee samples. use CODIS with their Rapid DNA-generated points we should consider? Does WSP use Rapid DNA? profiles? Maturity of technology: Rapid DN Dg ram & In 2021, the state legislature provided funding for No. RCW 43.43.758 requires any local DNA database infancy and work is ongoin, WSP to implement a Rapid DNA Pilot Program. A to be fully compatible with the state system (i.e. technology so that it is robust phased approach to integrate this developing CODIS). WSP is prohibited from providing access to difficult crime scene samples the ently Asked technology into laboratory operations will be and/or releasing DNA records and PII to any non- Current instrumentation is best us used, with only fully qualified WSP forensic DNA NDIS approved entities, so WSP must maintain the samples. .I esti o n s scientists operating the instruments and control of WA CODIS and any resulting DNA data Cost:The agency should consider I evaluating resulting DNA profiles. Work is (including any mirror databases) to remain in good instrumentation and supplies currently underway to procure instrumentation standing with the FBI. The FBI does allow booking maintenance plan is also recomme and supplies. stations to use Rapid DNA instruments with CODIS for arrestee samples. However, Washington State Personnel: The agency should ime Lab Division Phase 1: Sample types already approved by thepersonnel to implement and ma FBI will be validated in the laboratory. This does not currently have an arrestee DNA collection July2022 program. In particular, IT persoi includes known reference samples (oral swabs, law,so this functionality is not currently applicable. expertise to interpret DNA profile blood), such as those from convicted offenders, issues (known as Modified Rap suspects, or relatives of a missing person, as well needed. as other single-source samples like unidentified human remains(bone,teeth,tissue). Sampling: A double swab strategy Need DNA Results Fast. one swab for Rapid DNA and Phase 2: Crime scene samples with the use of a a? mirrored copyof the state CODIS database conventional testing by the crime I For cases that involve an and court. Policies for evidencE automated (hands free) process of containing offender samples will be investigated. imminent threat to public safety types of samples that may be prc fined DNA Index System (CODIS) This phase is contingent on how Rapid DNA or otherwise require results on a to be developed. from a known reference sample. technology and regulations develop in the coming file out" process consists of auto- years. Further research by the manufacturers and rush basis, please contact your Throughput: Current Rapid DN/ nalysis procedures without human FBI is ongoing. local WSP lab to discuss process 1-5 samples at a time. n be completed in as little as 90 You can find more detailed information about the expedited lab testing using our The FBI provides additional guid< project in the Rapid DNA Pilot Program Plan. accredited lab procedures. , Rapid DNA Considerations and Be Enforcement Use. 71 10:05 7 .11 LTE = repetition of their abuse; (4) Child pornography constitutes prima facie contraband, and as such should not be distributed to, or copied by, child pornography defendants or their attorneys; (5) It is imperative to prohibit the reproduction of child pornography in criminal cases so as to avoid repeated violation and abuse of victims, so long as the government makes reasonable accommodations for the inspection, viewing, and examination of such material for the purposes of mounting a criminal defense. The legislature is also aware that the Adam Walsh child protection and safety act, P.L. 109-248, 120 Stat. 587 (2006), codified at 18 U.S.C. Sec. 3509(m), prohibits the duplication and distribution of child pornography as part of the discovery process in federal prosecutions. This federal law has been in effect since 2006, and upheld repeatedly as constitutional. Courts interpreting the Walsh act have found that such limitations can be employed while still providing the defendant due process. The legislature joins congress, and the legislatures of other states that have passed similar provisions, in protecting these child victims so that our justice system does not cause repeat exploitation, while still providing due process to criminal defendants. [ 2012 c 135 § 1; 2010 c 227 § 1; 2007 c 368 § 1; 1984 c 262 § 1.] Site Contents Selected content listed in alphabetical order under each group Let Your Voice Be Heard Contact Your Leans a nrs 72 MINIMUM REQUIRED OPERATING STANDARDS FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK(NIBIN) SITES This document consists of definitions and standards. The standards are minimum required operating standards that place specific requirements on all NIBIN sites. Equivalent measures not outlined in this document may also meet the standard if determined sufficient through an audit process. EFFECTIVE'DATE: These standards shall take effect July of 2018. 1.SCOPE The standards describe the minimum operating requirements that sites accessing and utilizing NIBIN shall follow to ensure the quality and integrity of the ballistic data shared on the Network. These standards apply to all sites accessing the NIBIN network. 2.DEFINITIONS As used in these standards, the following terms shall have the meanings specified: • Accreditation - Status achieved by an agency that indicates they meet a minimum level of performance mandated by the accrediting agency • Accuracy is the degree of conformity of a measured quantity to its actual (true) value. • Acquisition - The digital imaging of various firearm-related markings present on cartridge casings into NIBIN. • ATF is the Bureau of Alcohol, Tobacco, Firearms, and Explosives the Federal agency administering the NIBIN network. • AFTE- The Association of Firearm and Tool Mark Examiners is the international professional organization for practitioners of Firearm and/or Toolmark Identification and has been dedicated to the exchange of information, methods and best practices, and the furtherance of research since its creation in 1969. • Audit is an inspection used to evaluate, confirm, or verify activity related to quality. • BrassTraxHD3D-"Trax,""Cartridge Case Acquisition Station"—current acquisition station developed by Forensic Technology that captures highly detailed images of cartridge cases,to include firing pin impressions on the primer,breech face, extractor, and ejector markings. • Business Day—day of operation of the NIBIN site; excludes holidays,weekends, or other days of closure. • Correlation—the automated comparison of an acquired digital image to other images in the databases using an algorithm that provides a list of ranked,possible matches. • Correlation Review—the on-screen comparison of digital images by a trained technician/specialist to determine the potential for two cartridge casings to have been fired from the same weapon. • Crime Gun Intelligence Center—(CGIC) - an ATF-led interagency collaboration focused on analyzing and investigating gun crime in a local community. CGIC unites cutting-edge technology and a dedicated multiagency investigative team to identify, disrupt and prosecute serial shooters and their sources of crime guns. 73 • Employee is a person: (1) in the service of the applicable federal, state or local government, subject to the terms, conditions and rules of federal/state/local employment and eligible for the federal/state/local benefits of service; or(2) formerly in the service of a federal, state, or local government who returns to service in the agency on a part time or temporary basis. For purposes of a vendor laboratory, an employee is a person in the service of a vendor laboratory and subject to the applicable terms, conditions and rules of employment of the vendor laboratory. • Firearms and Toolmark Examiner, "Firearms Examiner" - is a forensic scientist who is an expert in evidence regarding firearms, toolmarks, and ballistics. They are also required to serve as expert witnesses,prepare courtroom evidence, and provide courtroom testimony, and they may provide training to law enforcement personnel. • IBIS- Integrated Ballistics Identification System -An automated ballistics imaging and analysis system that populates a computerized database of digital ballistic images of bullets and casings from crime guns. Technology that enables the imaging and identification of large quantities of firearm evidence across a network of sites, as well as the automated identification of likely matching bullets or cartridge cases. • IBIS Technician, "IBIS Tech, " "NIBIN Technician" —a trained technician/specialist able to use IBIS equipment for the acquisition and correlation review of digital images of firearms ballistic evidence. IBIS Technicians are able to determine potential links of two or more cartridge cases fired from the same weapon. • MatchPoint Plus-current system developed by Ultra Electronics - Forensic Technology, Incorporated that stores the ballistic images and contains the algorithm program for correlation reviews. • Microscopic Comparison, "Scope,""Confirmation" - The process employed by a trained firearms examiner to determine whether or not fired cartridge cases came from the same firearm. • National Crime Gun Intelligence Governing Board, formerly NIBIN Executive Board or"NEB"—group consisting of members of ATF,police departments, and forensic laboratories that oversees implementation and function of NIBIN program. • NIBIN—National Integrated Ballistic Information Network is a program managed by ATF that automates the imaging of the unique identifiers of cartridge cases fired from firearms and stores the digital images into a database for comparison across a national network of participating sites. • NIBIN Authorized Trainer or NAT—technician trained and authorized by ATF to train others in the acquisition of ballistic images. • NIBIN Hit-NIBIN Hits are the result of two or more firearms ballistic evidence acquisitions that have been confirmed as a match by a firearms examiner. NIBIN Hits are based on correlation review of digital images using MATCHPOINTTM and microscopic confirmation by a firearms examiner. This information/intelligence can be used for investigative purposes and is suitable for court purposes. • NIBIN Lead-A NIBIN Lead is an unconfirmed, potential association between two or more pieces of firearm ballistic evidence based on a correlation review of the digital images in the NIBIN database by either a firearms examiner or a trained IBIS technician. A NIBIN Lead is intended to provide a lead for investigative purposes. 74 • NIBIN Program Administrator- is an individual the NIBIN Site has designated to communicate with all parties (i.e. submitting law enforcement agencies, ATF Crime Gun Intelligence Centers (CGICs), etc.), involved in the NIBIN process. The NIBIN Program Administrator must be a qualified NIBIN user and full-time employee of the NIBIN site. The NIBIN Program Administrator should be responsible for implementing and directing policies and procedures of the NIBIN site. • NIBIN Site—"Site" - Location at which NIBIN acquisition and/or correlation technology is present. NIBIN sites are located in forensic laboratories,police departments, etc. • NNCTC—National NIBIN Correlation and Training Center—ATF facility located in Huntsville, Alabama that performs timely correlation reviews for multiple NIBIN sites and also provides training for Qualified NIBIN Users. • Notification -A written or electronic communication to the submitter of firearms ballistic evidence indicating the results of an acquisition/correlation review.Notifications are not Laboratory Reports. • Procedure(protocol, SOP or other equivalent) is an established practice to be followed in performing a specified task or under specific circumstances. • Qualified Auditor—individual trained by ATF to conduct NIBIN site audits for compliance to minimum required operating standards • Qualified NIBIN User—technician and/or firearms examiner trained by ATF, Forensic Technology, and/or a NIBIN Authorized Trainer(NAT)program to perform acquisition and/or correlation reviews of ballistic images on the national network. • Rank Sort Function—function of Ultra Electronics -Forensic Technology, Incorporated software on MatchPoint machine that lists all potential matches of ballistic images to item under review in order of score across all images of regions of interest. • Secondary review- ensures the work performed meets quality standards and removes any potential for bias. For NIBIN, ATF defines secondary review as a second correlation review or examination by a trained IBIS technician and/or firearms examiner using MatchPoint. • Service is the performance of those adjustments or procedures specified which are to be performed by the user, manufacturer or other service personnel in order to ensure the intended performance of instruments and equipment. • Suitable ballistic evidence—all fired cartridge cases recovered by law enforcement as well as test-fired cartridge cases from firearms recovered by law enforcement that were illegally possessed, used in a crime, or suspected by law enforcement officials of having been used in a crime. • Technician (or equivalent role,position, or title as designated by the laboratory director) is an employee or contract employee who performs analytical techniques on forensic samples under the supervision of a qualified analyst. Technicians do not interpret data, reach conclusions on typing results, or prepare final reports. • Test Fires- Cartridge cases known to be fired from a specific firearm in law enforcement custody. • Triage—The process of assessing cartridge cases to determine the best representative sample from a group of cartridge cases having similar firearm produced markings for NIBIN entry. This is not, nor should it be interpreted as a comparative examination to determine how many firearms may have been responsible for firing the cartridge case. 75 • Ultra Electronics-Forensic Technology,Incorporated—"FT,""FTI" - created the Integrated Ballistics Identification System (IBIS) in 1991; an IBIS machine incorporates technology for the acquisition and correlation of ballistic images. 3. MINIMUM REQUIRED OPERATING STANDARDS: ATF,through the National Crime Gun Intelligence Governing Board, has established the following minimum required operating standards to ensure the consistency, integrity, and success of NIBIN: A. STANDARDS 1. QUALITY ASSURANCE PROGRAM STANDARD 1.1 The NIBIN site shall establish, follow and maintain a documented quality system that is appropriate to the NIBIN acquisition and correlation processes and is equivalent to or more stringent than what is required by these Standards. 1.1.1 The quality system shall be documented and include or reference the following elements: 1.1.1.1 Goals and objectives 1.1.1.2 Organization and management 1.1.1.3 Personnel 1.1.1.4 Facilities 1.1.1.4 Acquisition, Correlation,NIBIN Lead Dissemination Procedures 1.1.1.5 Evidence Control 1.1.1.6 Validation 1.1.1.7 Equipment Calibration 1.1.1.8 Reports 1.1.1.9 Review 1.1.1.10 Corrective Action 1.1.1.11 Audits 1.1.1.12 Training Records 1.1.1.13 Safety 1.1.1.14 Outsourcing Discussion: This Standard sets forth requirements for the site to establish basic documented quality assurance procedures, regarding NIBIN analysis. While a site may opt for or be otherwise required to maintain ISO accreditation,this standard does not require such accreditation. 2. ORGANIZATION AND PERSONNEL 76 STANDARD 2.1 The site shall: 2.1.1 Have a managerial staff with the authority and resources needed to discharge their duties and meet the requirements of the Standards in this document. 2.1.2 Have a NIBIN Program Administrator. For agencies or departments with multiple NIBIN sites, each site shall have a designated NIBIN Program Administrator. 2.1.2.1 The NIBIN Program Administrator shall meet the following qualifications: 2.1.2.1.1 Be a full-time employee of the agency/department operating the site. A full time on-site contractor with employee privileges is also appropriate for this position. 2.1.2.1.2 Minimum experience requirements: a qualified NIBIN user that has completed acquisition and correlation training. 2.1.2.2 The NIBIN Program Administrator shall be responsible for the following: 2.1.2.2.1 General duties and authority: 2.1.2.2.1.1 Oversee the operations of the site and success of NIBIN program. 2.1.2.2.1.2 Authority to initiate, suspend and resume NIBIN operations for the site or an individual. 2.1.2.3 The minimum specific responsibilities to be performed by the NIBIN Program Administrator include the following: 2.1.2.3.1 To evaluate and document approval of all methods used by the site and to propose new or modified procedures as needed. 2.1.2.3.2 To review the training records for newly qualified NIBIN users and approve their qualifications prior to performing NIBIN acquisitions or correlations, and to document such review. 2.1.2.3.6 To coordinate with audit personnel for NIBIN site audits. 2.1.2.4 Accessibility: The NIBIN Program Administrator shall be accessible to the site and ATF NIBIN Unit to provide onsite, telephone or electronic consultation as needed. 2.1.2.4.1 In the event that the NIBIN Program Administrator position of a site is vacated and there is no individual at the site who meets the requirements of this standard and can serve as a NIBIN Program Administrator,the site shall immediately contact the ATF and submit their contingency plan within 14 days to the ATF for its approval. Work in progress by 77 the site may be completed during this 14 day period but no new casework shall be started until the plan is approved by the ATF. 2.1.3 Ensure personnel operating within the NIBIN system shall have the proper level of training and experience for their position and that all individuals performing acquisitions and/or correlation reviews are Qualified NIBIN Users. 2.1.3.1 A qualified NIBIN user shall be an employee or contract employee of the site and meet the following qualifications: 2.1.3.1.1 Minimum training requirements: 2.1.3.1.1.1 The qualified NIBIN user must complete ATF-approved acquisition training administered by ATF, FT, and/or an NAT in order to utilize a NIBIN acquisition machine and acquire ballistic images. 2.1.3.1.1.2 The qualified NIBIN user must complete both ATF-approved acquisition and correlation training administered by ATF, FT, and/or an NAT in order to utilize a NIBIN correlation machine and perform correlation review of ballistic images. 2.1.4 Maintain records on the relevant qualifications,training, skills and experience of the NIBIN Administrator and Qualified NIBIN Users. 3. FACILITIES STANDARD 3.1 The site shall have a facility that is designed to ensure the integrity of the NIBIN analyses as well the evidence. 3.1.1 The NIBIN site will comply with all ATF, DOJ and/or other Federal security requirements related to the NIBIN program,network, or systems to ensure the integrity of the program. 3.1.2 The site will house NIBIN equipment in monitored,physically- restrictive environments and clearly identify the restricted areas. NIBIN equipment shall be in a room that is locked and monitored. 3.1.3 The site will ensure building facilities are secured outside of normal • working hours. (Monitored 24 hours or locked and alarmed when no one is at site.) 3.1.4 The site will ensure security alarm systems (e.g., motion, thermal)in building housing NIBIN equipment. Test quarterly. Maintain test records for review. (Security alarm does not have to be installed in the NIBIN room) 3.1.5 Access to the site shall be controlled and limited in a manner to prevent access by unauthorized personnel but to allow for the timely submission of evidence by serviced police departments/agencies. 78 3.1.6 All exterior entrance/exit points require security control. The site will safeguard access to NIBIN equipment areas via key, magnetic card, or cipher lock. 3.1.7 The distribution of all keys, combinations, etc., shall be documented and limited to the personnel designated by NIBIN Program Administrator. 3.1.8 For personnel no longer directly using NIBIN equipment,the site will make sure procedure is in place to collect/and or change access into NIBIN room. (Either change lock and or collect keys used for access.) 3.1.9 The site will document visitor procedures to restrictive areas and maintain and update a restrictive area authorized personnel roster. 4. EVIDENCE CONTROL STANDARD 4.1 The site shall have and follow a documented evidence control system to ensure the integrity of physical evidence. 4.1.1 Evidence shall be marked with a unique identifier on the evidence package. The site shall clearly define what constitutes evidence and what constitutes work product. The site shall have and follow a method to distinguish each sample throughout processing. 4.1.2 Chain of custody for all evidence shall be documented and maintained in hard or electronic format. The chain of custody shall include the signature, initials or electronic equivalent of each individual receiving or transferring the evidence, the corresponding date for each transfer, and the evidentiary item(s)transferred. 4.1.3 The site shall have and follow documented procedures designed to minimize loss, and/or deleterious change of evidence. 4.1.4 The site shall have secure, controlled access areas for evidence storage and work product in progress. 5. PROCEDURES STANDARD 5.1 The site shall have and follow written procedures for all steps of the NIBIN process; these procedures must be approved by the NIBIN Program Administrator. 5.1.1 The site will not restrict submissions of ballistic evidence to the site by any serviced law enforcement agency/department. 5.1.2 The site will document and follow standard operating procedures for the acquisition of all ballistic images. 5.1.2.1 The site will perform acquisitions of all suitable ballistic evidence submitted to the site. 79 5.1.2.1.1 The site will document and follow procedure for the triage or grouping of multiple items of ballistic evidence from the same firearm. 5.1.2.1.2 The site will perform acquisitions of the best suitable examples of ballistic evidence following the triage process. 5.1.2.1.3 The site will perform acquisitions of all suitable ballistic evidence within 2 business days of receipt at the site. 5.1.2.1.4 The site will accurately enter all required information pertaining to the ballistic evidence during the acquisition process. 5.1.2.1.5 The site will record the date of the acquisition of each of item of ballistic evidence. 5.1.3 The site will document and follow standard operating procedures for the correlation review of ballistic images. 5.1.3.1 The site will document and follow procedure for the correlation review of potential NIBIN Leads. All correlation reviews will be done by a qualified NIBIN User that has completed both acquisition and correlation training. 5.1.3.2 The site will perform and document a second correlation review of potential NIBIN Leads. This secondary review will be performed by another qualified NIBIN user that has completed both acquisition and correlation training. Both the initial and secondary correlation reviews will be completed within 2 business days of the acquisition of the ballistic images of the item of evidence. 5.1.3.3 In the performance of correlation reviews,the qualified NIBIN users at the site will examine, at minimum,ballistic images of the top 30 from the rank sort list determined by the ballistics imaging software. 5.1.3.4 The documentation of any correlation review(primary or secondary) shall include at a minimum the primary case identifier(s), date of the review,the name of the NIBIN user,the items of evidence involved in the correlation, and the result of the review. 5.1.3.5 Sites utilizing the NNCTC for correlation reviews of ballistic images will not be subject to the requirements of Section 5.1.3. 5.1.4 The site will document and follow standard operating procedures for the dissemination of NIBIN leads. 5.1.4.1 Following the concurrence of a potential match from the secondary correlation review, a NIBIN lead will be disseminated within 24 hours to the agency submitting the specific ballistic evidence or its authorized representative for this product, such as the ATF Crime Gun Intelligence Center(CGIC). 80 5.1.4.2 The site will record the date of lead dissemination of each NIBIN lead. 5.1.4.3 Sites utilizing the NNCTC for correlation reviews of ballistic images will not be subject to the requirements of Section 5.1.4. Discussion: In order to optimize the comprehensiveness of ballistic information on the NIBIN network, a site will not implement policies that restrict the submission of suitable ballistic evidence for NIBIN analysis. Limiting submissions of suitable ballistic evidence based on specific crimes, firearm calibers other than specified below, or other restrictions is prohibited. Suitable ballistic evidence is considered all fired cartridge cases recovered by law enforcement as well as test-fired cartridge cases from firearms recovered by law enforcement that were illegally possessed, used in a crime, or suspected by law enforcement officials of having been used in a crime. In general,NIBIN test firing is required for all semi-automatic pistols including .22 caliber, .223 and 7.62 semi-automatic rifles, 12 gauge shotguns and long guns that use handgun ammunition under the aforementioned guidelines. There may be exceptions to a firearm's test fire submission; firearms that are not typically test fired include revolvers, single shot or bolt action rifles, shotguns in other gauges, weapons never fired, or firearms deemed unsafe, inoperable, or incomplete. Ballistics information and/or evidence from firearms taken into law enforcement custody through a Gun Buy Back Program, property damage crimes involving firearms, found or abandoned firearms, and domestic disturbances are permitted for entry in the NIBIN database. It is noted that some jurisdictions may have local regulations or policies that prohibit some of these items to be included in NIBIN. A minimum correlation review of ballistic images of the top 30 from the rank sort list is required based on prior study and research(refs. IBIS BrassTrax Correlation Review Techniques, Garten and Burrows, AFTE Journal, Volume 49, Number 2, Spring 2017; Evaluation of Rank Positions within Regions of Interest(ROI)for Published NIBIN Leads, Nichols, November 2016; IBIS BrassTrax Correlation Performance and Review Techniques, Garten, January 2018). Such review has shown to find 96.9 - 97.4%of all potential ballistic image matches and optimizes the balance between identifying NIBIN Leads and timely review and turnaround. This requirement does not preclude a site from implementing policy and procedure for further review of images beyond the top 30 of the rank sort list or across specific regions of interest. Sites should implement standard procedures for the dissemination of NIBIN leads to the agency/department submitting the specific ballistic evidence. Such procedures should consider the importance of timely dissemination of NIBIN leads and intelligence to investigators. As required by the standard,NIBIN leads will be disseminated to the investigating entity of the agency/department submitting the ballistic evidence match. It is further recommended that leads also be disseminated to the local ATF Crime Gun Intelligence Center(CGIC). A submitting agency may implement policies in which the NIBIN site disseminates all leads 81 directly and solely to the local ATF Crime Gun Intelligence Center. Such policies shall be deemed in compliance with the standard. These steps will facilitate the coordination between investigators and further the collection of critical intelligence pertaining to the linked crimes. 6. CORRECTIVE ACTION STANDARD 6.1 The site shall establish and follow a corrective action plan to address processes and procedures when the minimum required operating procedures are not met. The corrective action plan shall identify possible causes for non-compliance with the standards and address plans and measures to meet these standards. Documentation of the corrective actions shall be maintained in accordance with Standard 1. STANDARD 6.2 Corrective actions shall not be implemented without the documented approval of the NIBIN Program Administrator. 7. AUDITS STANDARD 7.1 All sites will be audited in accordance with these standards by an ATF audit team beginning in July 2018. By December 31, 2020, each site must undergo the ATF audit and be in compliance with these standards in order to maintain access to the NIBIN network. After December 31, 2020, all sites will undergo a regular ATF audit on a biennial basis, once every two years. 7.1.1 Audits shall be conducted by an audit team comprised of qualified auditor(s). 7.1.2 All required documentation and records of the NIBIN analysis of submitted ballistic evidence pertaining to the accuracy and timeliness of acquisitions, correlation reviews, and NIBIN lead disseminations shall be maintained and made available during the audit. 7.1.3 All required documentation and records of training and experience for the NIBIN Program Administrator and Qualified NIBIN Users shall be maintained and made available during the audit. 7.1.4 All required documentation and records to verify compliance with these NIBIN standards shall be maintained and made available during the audit. 82 I LP1 II COMPOv„: NENTS ,,....,„ -.�-= High-Definition 3D Topography ye',, ti Easy-to-Operate, Capture Automated System • All Calibers BRASSTRAX All Firearm Types Digitally captures the regions _--- : of interest on a cartridge case in 2D and 3D, revealing eivr considerable impression detail and multiple viewing <.. B U LLETTRAX perspectives. Digitally captures the surface of a bullet in 2D and 3D, providing a =_} topographic model of the marks around its circumference. Millions of bullets and cartridge cases Intelligent surface-tracking technology have been captured into IBIS networks. r:: automatically adapts to the deformations of damaged and fragmented bullets. mar` ii • Manage Data Data Concentrator Compare Preserves and protects the captured data and coordinates automated —- data sharing. Serves as an . . " Correlation Engine IBIS network's focal point for data access and management. _ Finds evidence matches with the highest similarity in the top search results. Maintains strong performance even when searching large databases. IBIS correlation algorithms are tailored to the complexities of firearm forensics. 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 83 https://www.yakimaherald.com/news/local/crime_and_courts/yakima-county-prosecutor-says-crime-lab-delays- could-cause-more-cases-to-be-thrown-out/article 33e544b8-50a5-11 ed-b422-1362939dbcc1.html Yakima County prosecutor says crime lab delays could cause more cases to be thrown out DONALD W. MEYERS Yakima Herald-Republic Oct 23, 2022 Bradley Kenneth Denton. Courtesy photo/Washington state Department of Corrections https://www.yakimaherald.com/news/local/crime_and_courts/yakima-county-prosecutor-says-crime-lab-delays-could-cause-more-cases-to-be-thrown-... 1/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 84�� = ♦ A x • 3F Or Dam z ..< ,s '" auni N i� ■ FILE—In this August 2019 photo, Dana Yenko, a forensic scientist with the Washington State Patrol Crime Laboratory, demonstrates the steps to testing evidence from a rape kit at the Vancouver, Wash., facility. Amanda Ray/Yakima Herald-Republic At the end of September, Yakima County prosecutors dropped their case against a convicted rapist. It wasn't for a lack of evidence against Bradley Kenneth Denton. Instead, a state appeals court ordered that the case be dismissed with prejudice because prosecutors didn't aggressively push the Washington State Patrol crime lab to process DNA evidence more quickly. That state Court of Appeals Division III ruling doesn't just affect Denton and his victim, Yakima County Prosecuting Attorney Joe Brusic said. It could cause additional cases to be scrapped throughout Washington. https://www.ya ki maherald.com/news/Iota I/cri me_and_cou rts/ya ki ma-cou nty-prosecutor-says-crime-lab-delays-cou Id-cause-more-cases-to-be-thrown-... 2/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 85 "People need to know there's fallout from this decision," Brusic said in a recent interview. "It's not just Yakima County. It's all 39 counties. It's a statewide issue." A series of delays The U.S. Constitution guarantees the right to a speedy trial. In the state's court system that means a defendant must be brought to trial within 60 days of arraignment if they are in custody, or 90 days if they are not in jail. That countdown can be reset if time is needed to ensure both sides are ready to go to trial. Denton, 43, described in court records as a methamphetamine user, was charged with second-degree rape, felony protection order violation and four gross misdemeanor counts of violating a protection order after Yakima police said he choked and raped a woman he knew in April 2018, according to court documents. He was arrested in October 2018 and arraigned in early November, with his trial to set to begin at the end of December. A Yakima County Superior Court judge extended that date due in part to prosecutors waiting for the state crime lab to process the woman's clothes for DNA evidence. https://www.ya ki maherald.com/news/local/cri me_and_cou rts/yaki ma-cou nty-prosecutor-says-crime-lab-delays-cou Id-ca u se-more-cases-to-be-thrown-... 3/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 86 On Jan. 3, 2019, the trial clock was reset again when Denton's court-appointed attorney had to withdraw for health reasons. At a Jan. 29 hearing, prosecutors said they were looking at a "best-case scenario" of nine months for the DNA tests to be completed. The trial date was reset to June 17, 2019, over Denton's objections. A month before that trial date, prosecutors asked for another extension on the trial date, again citing the crime lab delay. This time a delay was granted until July, after Deputy Yakima County Prosecuting Attorney Garrison Hersey said he asked if the crime lab could "make it a rush," with results expected in no more than six weeks. Not knowing what defense Denton was going to offer, Hersey said having the DNA evidence was critical to the case. Hersey also referred to the speedy trial guidelines as "aspirational." Two more delays were granted, one to allow the defense time to prepare after the DNA evidence came back, and again when every judge except Judge Richard Bartheld recused themselves from hearing the case. Denton was finally tried in January 2020, more than a year after his initial arraignment. At the trial, he was found guilty on all counts. Denton appealed his case on multiple grounds, but appellate court found the 15-month delay warranted a reversal of Denton's conviction and an order to dismiss the charge with prejudice, meaning he can never be retried. "We deplore this outcome given the violent nature of Mr. Denton's crimes, but it is the strict remedy that drafters of the (criminal court) rule perceived as needed to ensure that criminal cases will be promptly prepared for trial and heard," Chief Judge Laurel Siddoway wrote in the decision. Brusic decided in late September to not pursue an appeal to the state Supreme Court and dropped the case against Denton, which means the ruling is binding only on eastern Washington. https://www.ya ki maherald.com/news/loca I/cri me_and_co u rts/yaki ma-county-prosecutor-says-crime-lab-delays-cou Id-cause-more-cases-to-be-thrown-... 4/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 87 A dilemma for prosecutors The Denton ruling puts prosecutors on what Brusic described as the horns of a dilemma: Either wait to file a charge untio you have all the evidence in hand or proceed with what you have and hope the crime lab results come back in time for trial. Prosecutors could also file a charge and, if it looks like there will be a delay, dismiss the case without prejudice — thus allowing prosecutors to refile it when additional evidence arrives. "If we don't have evidence, we can't charge it out. If someone has a drinking problem and they are out (of custody), they could kill a family," Brusic said. Brusic said the issue of delays also extends to the state hospitals where defendants are evaluated to determine if they are mentally competent to stand trial. Paul Kelley, the county's chief public defender, said the delays are a problem for defendants who have a constitutional right to a speedy trial, as well as society in general. "If courts are excusing the behavior of the state, it impacts the public's interest in resolving cases in a timely manner, and the public's confidence in the ultimate outcome of the case," Kelley said. "Constantly excusing delays caused by underfunding is not going to go over well with the citizens of Washington." One of the issues the court cited in its ruling was that the county did not seem to be aggressively trying to work around the delay, either by contacting the lab to expedite the testing sooner or going with an outside lab. Brusic said prosecutors will have to do a better job of stating why they are seeking a delayed trial, explaining why they are seeking it and what steps are being taken to address it. Another way to get around the issue is to send the kits to a private certified laboratory to get the results back quicker. But Brusic said that taxes his office's budget, which means that options could only be used judiciously. https://www.ya ki maherald.com/news/loca I/cri mean d_cou rts/ya ki ma-cou nty-prosecutor-says-crime-la b-delays-cou Id-ca u se-more-cases-to-be-thrown-... 5/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 88 A serious situation Chris Loftis, State Patrol spokesman, said the agency recognizes how serious the situation is, and while progress is being made. the demand for testing is increasing. Denton's case came at the height of the lab's rape kit backlogs, Loftis said, when thousands of rape kits remained untested. The lab prioritized testing if detectives or prosecutors said the results were urgently needed. "In fact, once the prosecutor called (about the kit in the Denton case) and we were aware of the prosecutorial need, we were able to prioritize the case and we got the report released six weeks after it was assigned," Loftis said. He said with the launch of the High Throughput Lab and sending test kits to outside labs, the crime lab has been meeting the state requirement to process new rape kits within 45 days, while working on reducing the backlog of cases. It's expected that the backlog will be eliminated by the end of next year, Loftis said. "Still, more needs to be done," Loftis said. "Our state continues to grow, and criminal behavior is on the ascent." And that means the State Patrol needs more funding from the Legislature to both keep the current labs operating and to expand its staffing and capacity to keep up, he said. Looking for solutions State Rep. Gina Mosbrucker, a Goldendale Republican, said lawmakers will be looking into staffing at the state crime lab. She suggested the state could offer hiring bonuses or student loan forgiveness to attract forensic scientists. While Yakima County is working on a regional crime intelligence center, which will have the capacity to perform rapid DNA tests, it won't affect the rape kit situation. Those tests will not be done at the regional center, Yakima County Sheriff's spokesman Casey Schilperoort said. https://www.yakimaherald.com/news/loca I/crime_and_courts/yakima-county-prosecutor-says-crime-lab-delays-could-cause-more-cases-to-be-thrown-... 6/7 11/28/22,9:14 AM Yakima County prosecutor says crime lab delays could cause more cases to be thrown out I Crime And Courts I yakimaherald.com 89 Any results from the regional lab will have to double-checked by the state lab or a private, certified laboratory, Schilperoort said. Brusic and Kelley say the solution is more state funding and resources to eliminate logjams at the state crime lab. "It is a system issue. Delays like that are contrary to the public interest in prompt resolution of cases," Kelley said. Reach Donald W. Meyers at dmeyers@yakimaherald.com. Donald W. Meyers https://www.ya ki mahera Id.com/news/loca I/cri me_a nd_cou rts/ya ki ma-cou nty-prosecutor-says-crime-lab-delays-cou Id-cause-more-cases-to-be-thrown-... 7/7 90 RESOLUTION NO. R-2022 - A RESOLUTION authorizing the City Manager to sign the Yakima Valley Local Crime Lab Professional Services Agreement between the City of Yakima and Yakima Valley Conference of Governments. WHEREAS, the City of Yakima currently has its own crime analysts that work exclusively for the City of Yakima and access to equipment to analyze evidence of crimes; and WHEREAS, Yakima Valley Conference of Governments ("YVCOG") is proposing to create a Local Crime Lab which would employ crime analysts and purchase equipment for the use and benefit of all jurisdictions within Yakima County and which has a purported goal of sharing information, coordinating services on a regional basis, and providing for the centralized administration of lab equipment and crime analysis; and WHEREAS, the Local Crime Lab is an opt-in program of YVCOG and not funded under the City's yearly YVCOG assessment; and WHEREAS, the City will be required to pay a per capita rate to participate in the lab in addition to the yearly YVCOG assessment for services; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to opt into the Local Crime Lab and enter into this Local Crime Lab Professional Services Agreement with Yakima Valley Conference of Governments for the services listed therein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Yakima Valley Local Crime Lab Professional Services Agreement between the City of Yakima and the Yakima Valley Conference of Governments. A copy of the Professional Services Agreement is attached hereto. ADOPTED BY THE CITY COUNCIL this day of , 2022. Janice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk 91 YAKIMA VALLEY LOCAL CRIME LAB PROFESSIONAL SERVICE AGREEMENT THIS PROFESSIONAL SERVICE AGREEMENT("Agreement"), entered into this day of by and between the Yakima Valley Conference of Governments, a regional association having its territorial limits within Yakima County, State of Washington(hereinafter called the "Conference"), acting herein by James A. Restucci, Conference Chair, acting hereunto duly authorized, and the City of , a municipal corporation, located within Yakima County, State of Washington(hereinafter called the "City") (together the"Parties"), acting herein by ,Mayor, hereunto duly authorized: RECITALS WHEREAS,the Conference and participating local governmental entities have determined that there is a mutual benefit in developing and maintaining a regional crime preventative program, sharing information, and coordinating services on a regional basis and providing for the centralized administration of a Local Crime Lab and everyone recognizes the shared benefit thereof; WHEREAS,the Conference possesses staff and facilities to develop and administer a mutual Local Crime Lab for the collective benefit of participating members consisting of county and local municipal entities; and WHEREAS,the City and Conference desire to enter into this contract for the purpose of establishing, developing, and administering a Local Crime Lab; WHEREAS,the City has determined that a need exists and through a cooperative regional resource for gathering,maintaining, and facilitating local and regional information and services a benefit provided; WHEREAS the Conference is the subrecipient of the Federal American Rescue Plan Act(ARPA) of 2021 which is providing grant funding for the purposes of assisting with the development of this regional crime preventative program; and, WHEREAS,the City is desirous of contracting with the Conference for administrative and other services related to a regional crime preventative program and Local Crime Lab. NOW THEREFORE,the Parties do mutually agree as follows: 1. Services to be Provided by the Parties: a. The Conference shall protect the purpose of this Agreement which is to stand up a regional crime lab with forensic equipment and expertise in a manner consistent with the activities more specifically laid out in the Scope of Work(Attachment A to this Agreement), subject to modifications deemed necessary for the development and maintenance of a Local Crime Lab. b. The City will provide such assistance, information, and data as may be reasonably required to support the objectives set forth in the Scope of Work and to develop and maintain a supportive regional crime preventative program. Page 1 of 10 92 c. The success of the Local Crime Lab is contingent upon the City's good faith participation and cooperation with the Conference in developing, maintaining, and administrating the Local Crime Lab. The City agrees to cooperate and support the development of the program including the division of information, data, and other materials reasonably necessary or supportive of the collective commitment of participating entities. 2. Time of Performance: The effective date of this contract shall be the date the Parties sign and complete execution of the contract. Three-year funding by ARPA provides funding for the development and induction of the program. This is a one (1)year contract,but the Parties recognize and agree that the collective intent of the participating entities is to establish and maintain a program that will support the region and local communities over a sustained period of time. 3. Consideration: a. The City shall share the cost of developing the program based upon a three-year budget as more particularly set forth in Attachment B which is for all allowable costs and expenses in furtherance of the Scope of Work. i. Reimbursement under this contract shall be based on an annual budget and assessed on a per capita basis. The assessment for 2023, 2024, and 2025 is detailed in Attachment B to this Agreement,which sets forth the projected budgets. The projected budgets are based on City's population. ii. Year 2026 will be supported by appropriate documentation of costs actually incurred annually before October 31, 2025. It is expressly understood that claims for reimbursement shall not be submitted in excess of actual requirements necessary to carry out the purposes of this Agreement. iii. Assessments for periods after the first three years,beginning in year 2026, should be determined by the annual budget and divided on a pro rata basis which is determined in proportion to City's population. b. Funding and support of the program in subsequent years is upon the City's determination and appropriation of funds will go to support the activities described in this Contract. The renewal of the City's participation in the program shall be determined annually but it is recognized that the intent is to establish a cooperative and mutually beneficial Local Crime Lab that supports both the region and participating municipalities. 4. Maintenance of Records: a. The Conference shall maintain complete and accurate records of all business and activities under this Agreement as it relates to the development, operation, and financial records for the program. In general, such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. During the term of this Agreement and per state law for sever years Page 2 of 10 93 following termination or expiration of this Agreement,the Parties shall maintain records sufficient to: i. Document performance of all acts required by law,regulation, or this Agreement; ii. Maintain accounting procedures,practices, and records that sufficient and properly document the Conference's invoices and all expenditures made by the Conference to perform as required by this Agreement; and iii. For the same period,the Conference shall maintain records sufficient to substantiate the Conference's statement of its organization's structure,tax status, capabilities, and performance. b. The Conference shall establish and maintain a system of internal accounting control which complies with applicable Generally Accepted Accounting Principles (GAAP). All Conference records with respect to matters covered by this Agreement shall be subject to examination by the State Auditor. c. The Conference shall make available to City a copy of audit report, recommendations, and findings upon written request. The annual audit must include a management letter that addresses the adequacy of internal controls within the organization. d. The Conference is responsible for any audit expenses incurred in any audit and any such expenses are normal and reasonable charges to the program. The Conference shall make available financial and other components of the work and services provided as part of the project and this Agreement upon the City's written request. The City and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents,papers,records, and books of the Conference involving transactions related to this local program and contract. 5. Relationship: The relationship of the Conference to the City shall be that of an independent contractor rendering professional services. The Conference shall have no authority to execute contracts or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Conference. The Parties agree that,for the purposes of this Agreement,the Conference is an independent contractor and neither the Conference nor any employee of the Conference is an employee of the City. Neither the Conference nor any employee of the Conference is entitled to any benefits that the City provides its employees. The Conference is solely responsible for payment of any statutory workers' compensation or employer's liability insurance as required by state law. Page 3 of 10 94 6. Breach, Termination, and Dispute Resolution: a. If the Conference fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as set forth herein, including,but not limited to,termination of the contract between Parties in the manner specified herein. b. Failure/Breach—If the Conference fails to comply with the terms and conditions of this Agreement, or City asserts a material breach of obligations under the Parties' contract,the City shall provide written notification to the Conference of the asserted breach or failure to comply with terms or conditions of the Parties' contract. The Conference shall have thirty(30) days in which to dispute or correct the asserted breach or failure. c. Termination for Cause—The Parties shall have the right to terminate this contract for cause including the following: (1) The Conference's material breach of the terms and conditions of this Agreement and failure to correct or resolve alleged failures or breaches as provided in the preceding paragraph; (2) By mutual consent of Conference and City, in which case the two Parties shall devise by mutual agreement,the conditions of termination, including effective date and in case of termination in part, that portion to be terminated; (3) City's failure to pay assessments to the Conference promptly or within sixty(60) days after invoices are rendered. Conference shall have the option of terminating this Agreement, but City shall remain obligated for all assessments and obligations through date of termination. d. Dispute Resolution—Should any dispute arise between the Parties, the dispute matters shall be first submitted to mediation before a mutually acceptable mediator. The Parties shall each pay their own costs associated with mediation and each shall pay one-half of the selected Mediator's fees. If the mediation is unsuccessful,then the matter, at either party's request, shall be submitted to binding arbitration in accordance with the Uniform Arbitration Act(Chapter 7.04A RCW). A substantially prevailing party shall be entitled to recover their costs and attorneys' fees incurred in the arbitration, and the substantially non-prevailing party shall pay the cost of the arbitration, including the arbitrator's fee. 7. Reports and Periodic Review: a. Reports to Participating Entities— Conference shall provide to City and other participating entities, periodic reports (not less than annually) of the development, operations, programs, and recommendations with respect to continuing and future services and activities for the Local Crime Lab. In the context of periodic review,the City shall also provide to the Conference any recommendations,proposals, or questions regarding both past and future operations of the program. The intent of the Parties is that the development of the Local Crime Lab shall be a collaborative effort that will benefit from a transparent and open line of communication between all participating entities. Page 4 of 10 95 b. Annual Reports — The Conference shall furnish the City annual reports pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. c. Recognition of Development— Conference and City recognize that the development of the Local Crime Lab will be a significant undertaking with the first three(3)years being a period where the program, administration and services are developed through the collaborative efforts of all participating entities. Conference shall coordinate a collaborative review of the development and operation of the program during the summer of 2025 for the purpose of conducting a collaborative review of the program for the purpose of refining the scope and parameters of operations and services. 8. Amendments: This Agreement, or any term or condition,may only be modified in writing and signed by both Parties. Only personnel authorized to bind each of the Parties shall sign an amendment. 9. Personnel: The Conference represents that they have, or will secure at their own expense, all personnel required in order to perform under this Agreement. Such personnel shall not be employees of, or have a contractual relationship with,the City. All services required hereunder will be performed by the Conference or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. The work or services covered by this Agreement may be subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be specified in written contract or agreement and shall be subject to each provision of this contract. 10. Assignability: The Conference shall not assign any interest on this Agreement, nor shall it transfer any interest on this Agreement(whether by assignment or novation), without prior written consent of the City thereto: provided,however, that claims for money by the Conference from the City under this contract may be assigned to a bank,trust company, or other financial institution without such approval. 11. Findings of Confidentiality: The Parties shall use any confidential information gained by reason of this Agreement only for the purposes of this Agreement. Neither the City nor the Conference shall disclose,transfer, or sell any such information to any other party, except as provided by law. All of the reports, information, data, etc., prepared or assembled by the Conference under this contract are confidential to participants in the program and the Conference agrees that they shall not be made available to any individual or organization without prior written approval of the City unless otherwise subject to public records laws. The City shall agree the same. Page 5 of 10 96 12. Copyright: No reports,maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Conference. 13. Compliance with Laws: a. The Conference shall comply with all applicable local, state, and federal laws, related to the performance of services under this Agreement and the operation and administration of the regional crime preventative program. b. To the maximum extent permitted by law,the Conference shall, at its cost and expense, indemnify, defend, and hold City harmless from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims,judgments, or awards of damages, arising out of or in any way resulting from the gross negligence of the Conference, or its agents or subcontractors. The Conference shall maintain liability insurance covering its activities and services provided under this agreement in the form and amount determined reasonable and appropriate by the Conference. 14. Title to Property: Title to all property purchased or furnished by Conference for use by the Conference during the term of this agreement shall remain with the Conference. The Conference shall take reasonable steps to protect and maintain all property in its possession against loss or damage. Since federal funds will provide the primary source for acquisition of necessary equipment and assets,the disposition of equipment and assets upon termination of the program shall be in accordance with applicable federal law and requirements, including but not limited to the provisions of 2 CFR Section 200.313, as amended. 15. Nondiscrimination: The Conference agrees that it shall not discriminate against any person on the grounds of race, creed, color,religion, national origin, sex, sexual orientation,veteran status, pregnancy, age,marital status, political affiliation or belief, or the presence of any sensory,mental, or physical handicap in violation of the Washington State Law Against Discrimination(RCW chapter 49.60), or under Title VI of the Civil Rights Act of 1964, or the Americans with Disabilities Act(42 U.S.C. 12101 et seq.) or any other applicable state,federal or local law,rule, or regulation. 16. Interest of Members of the City: No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct, or indirect, in this contract; and the Conference shall also take appropriate steps to assure compliance. Page 6 of 10 97 17. Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this contract; and the Conference shall take appropriate steps to assure compliance. 18. Interest of Consultant and Employees: The Conference covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Conference further covenants that in the performance of this contract,no person having such interest shall be employed. 19. Creation of an Operations Board: The Conference shall establish an Operations Board to provide oversight to the program and which shall consist of the Cities' Police Chief and the Yakima County's Sheriff. The Yakima County Prosecuting Attorney, or his delegate,will sit on the Board ex officio and will hold no voting privileges. As part of its role, the Board will meet regularly to discuss operations, programs, and services under this program, as well as its development. This Board will constitute a collaborative measure to ensure that the interests and concerns of the participating members are represented. 20. Hold Harmless: The Conference agrees to indemnify, defend, and hold City harmless from and against all loss and expense, including attorney's fees and costs by reason of any and all claims and demands upon the City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Conference's and its agents'negligent performance of work associated with this agreement. The Conference shall not be liable for property and bodily injury that may result from the negligence of any construction contractor or construction subcontractor. 21. Integration Provision: It is agreed and understood that this Agreement contains all agreements, promises and understandings between the Conference and the City and that no verbal or oral agreements, promises or understandings shall be binding upon either party in any dispute, controversy or proceeding at law, and any addition,variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity Page 7 of 10 98 This agreement contains all terms and conditions agreed to by the City and the Conference. The Attachments to this agreement are identified as follows: Attachment A, Scope of Work, consisting of 1 page. Attachment B,Local Crime Lab Services Costs, consisting of 1 page. IN WITNESS WHEREOF, the City and the Conference have executed this contract agreement as of the date and year last written below. CITY OF YAKIMA VALLEY CONFERENCE OF WASHINGTON GOVERNMENTS by , by Mayor/City Manager YVCOG Chair/Executive Director AT LEST: AT LEST: by by City Clerk Secretary Date: Date: APPROVED AS TO LEGAL FORM: by Attorney for YVCOG WSBA# Page 8 of 10 99 ATTACHMENT A SCOPE OF WORK Services performed under this contract shall consist of, but are not limited to, the following described tasks. It is recognized that the services performed under this contract may be modified based on the directives of the funding sources who hold certain privileges and abilities to direct and make modifications. The purpose of this contract is to stand up a regional crime lab with forensic equipment and expertise. • Develop a Program within Yakima Valley Conference of Governments,known as the Local Crime Lab,to provide intelligence and forensic services to local law enforcement. • Provide organizational management of the Local Crime Lab. • Purchase equipment and software applications to support forensic services. • Maintain accounting records for audit with the Washington State Auditor's Office. • Hire and train staff to become experts with equipment purchased that will be owned and maintained in furtherance of Local Crime Lab including for intelligence and forensic purposes. • Develop policies and procedures for internal control for the Local Crime Lab. • Develop and submit annual reports to the participating members identifying local performance of evidence processed • Provide training to personnel and regional law enforcement to access forensic information. • Comply with local, state, and federal initiatives to increase public safety and reduce crime. • Update participating members regarding new or proposed legislation,regulations,or funding streams that may impact the operation of the Local Crime Lab. • Represent the interests of participating member jurisdictions in state or other organizations which are critical to developing and implementing regional plans for combating crime and supporting victims or victims' families of crimes committed against them. • Manage grant and contractor compliance,monitoring and program performance evaluation and implement new grant guidance as required by funders. • An Operations Board(`Board') shall be established to advise and provide input for the Local Crime Lab and shall include the Cities' Police Chief and the Yakima County's Sheriff. The Yakima County Prosecuting Attorney,or his delegate,will sit on the Board ex officio and will hold no voting privileges. This Board shall meet at regular intervals to discuss operations, programs, services, and development of the Local Crime Lab and otherwise providing oversight for the program. Page 9 of 10 100 ATTACHMENT B Local Crime Lab Services per member cost: Members OFM 0/0 Population Population 2023 2024 2025 GRANDVIEW 4.25% 10,960 $ 10,208 $ 16,183 $ 16,183 GRANGER 1.43% 3,690 $ 3,437 $ 5,448 $ 5,448 HARRAH 0.22% 580 $ 540 $ 856 $ 856 MABTON 0.77% 1,975 $ 1,839 $ 2,916 $ 2,916 MOXEE 1.71% 4,405 $ 4,103 $ 6,504 $ 6,504 NACRES 0.43% 1,110 $ 1,034 $ 1,639 $ 1,639 SELAH 3.19% 8,235 $ 7,670 $ 12,159 $ 12,159 SUNNYSIDE 6.35% 16,400 $ 15,275 $ 24,215 $ 24,215 TIETON 0.55% 1,430 $ 1,332 $ 2,111 $ 2,111 TOPPENISH 3.44% 8,870 $ 8,261 $ 13,097 $ 13,097 UNION GAP 2.56% 6,595 $ 6,142 $ 9,738 $ 9,738 WAPATO 1.79% 4,610 $ 4,294 $ 6,807 $ 6,807 YAKIMA 37.90% 97,810 $ 91,099 $ 144,418 $ 144,418 YAKIMA CO. 34.19% 88,240 $ 82,185 $ 130,288 $ 130,288 ZILLAH 1.24% 3,190 $ 2,971 $ 4,710 $ 4,710 TOTALS 258,100 $ 240,390 $ 381,090 $ 381,090 Page 10 of 10