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HomeMy WebLinkAboutSH18-023 INTERLOCAL AGREEMENTINTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF ELLENSBURG This agreement is entered into between Kittitas County on behalf of the Kittitas County Sheriff Office (KCSO) and the City of Ellensburg, a Washington municipal corporation, by and through the Ellensburg Police Department (EPD), pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. I. PURPOSE The purpose of this agreement is to provide for Mutual Aid Law Enforcement assistance pursuant to the provisions of Chapter 10.93 RCW with regard to the expert forensic examination of various communication devices such as but not limited to cellular telephones, computers, tablet devices, media storage devices and other items of like nature. Both parties acknowledge that the expertise required to examine such devices is not otherwise readily available within the local area, and that KCSO has a commissioned law enforcement officer (Forensic Electronic Media Examiner) who is properly trained and experienced, capable of conducting such examinations, and available through the KCSO MCU (Major Crimes Unit). This capability is of significant value to those personnel investigating serious crimes, particularly with regard to various crimes related to sexual predation, such as but not limited to child rape, child pornography, sex trafficking, and other crimes of that nature perpetrated against other vulnerable victims. Successful prosecution of such crimes requires this type of comprehensive investigation. The parties likewise acknowledge that these services have substantial costs that should not be borne solely by KCSO; that some equitable arrangement related to those costs should be made, and that the reasonable cost to the KCSO of the time and expertise of the Forensic Electronic Media Examiner is approximately $30.00 per hour; billing quarterly. II. SERVICES Investigators from EPD who are conducting an investigation in which evidence indicates that additional evidence of the crimes(s) under investigation may be found on devices such as those listed above shall, by such process required by EPD seek assistance from the Forensic Electronic Media Examiner by contacting the MCU Supervisor. EPD investigator(s) shall provide a reasonably detailed summary of the investigation and its progress, and any other relevant information as required by RCW 10.93.030. Upon agreement to the use of the Forensic Electronic Media Examiner, the investigator(s) and Examiner shall make direct contact within a reasonable period. The Forensic Electronic Media Examiner shall be provided or given access to all investigative materials, and based on those materials and the expertise of the Forensic Electronic Media Examiner, work together to make such applications for search warrants and take any other steps necessary to obtain lawful access to the media device. Interlocal Agreement Page 1 of 3 III. ADMINISTRATION This agreement will be administered by KCSO. IV. INDEPENDENT CONTRACTOR The services provided under this agreement are those of an independent contractor. Employees of KCSO are and will remain employees of KCSO. Employees of EPD are and will remain employees of EPD. V. INDEMNIFICATION Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor{s} while performing this agreement as provided by RCW 10.93.040. VI. AMENDMENT The parties may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the parties. VII. CHOICE OF LAW AND VENUE This agreement will be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or other judicial proceeding for the enforcement of this agreement may be instituted only in Superior Court and venue shall be as provided by RCW 36.01.050. VIII. INTEGRATION CLAUSE This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained in this agreement. This agreement supersedes all previous communications, representations or agreements, either oral or written, between parties. IX. TERMINATION CLAUSE Either party may terminate this agreement by giving the other party at least thirty (30) days advance written notice. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. Interlocal Agreement Page 2 of 3 X. PROPERTY AND EQUIPMENT No property shall be exchanged nor shall title to any property be transferred except by separate agreement. XI. FILING This agreement will be filed with the Kittitas County Auditor's Office in the manner provided by RCw 39.34.040. XII. EFFECTIVE DATE This agreement shall take effect when signed by the Authorized Signatories named below and ratified by the Board of County Commissioners of Kittitas County. Dated this day of , 2018. For the KCSO: KITTITAS COUNTY ]BOARD OF COMMISSIONERS GENE ANA, Kittitas County Sheriff Chair F9N, he City of Eiiensb rg: Vice -Chair B a , Ma or Commissioner Attest: Dated this day of 52018 City Clerk Julie Kj orsvik, Clerk of the Board Approved as to form:410, vz�� . ., City Attorney Approved as to Form Douglas R. Mitchell, WSBA #22877, DPA Kittitas County Interlocal Agreement Page 3 of 3