HomeMy WebLinkAboutRes-2018-091 Interlocal KCSOBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018-{'? q I
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN KITTITAS COUNTY SHERIFF'S OFFICE AND CITY OF ELLENSBURG TO
PROVIDE FOR MUTUAL AID LAW ENFORCEMENT ASSISTANCE WITH REGARD TO
EXPERT FORENSIC EXAMINATION OF VARIOUS COMMUNICATION DEVICES
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for
public agencies to cooperate by providing services and facilities for mutual advantage;
and
WHEREAS, the purpose of this agreement is provide for Mutual Aid Law
Enforcement assistance 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 pursuant to the provisions
of Chapter 10.93 RCW; and
WHEREAS, 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
property trained, experienced, and capable of conducting such examinations and
available through the KCSO MCU (Major Crimes Unit); and
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, that this
Agreement between Kittitas County Sheriff's Office and City of Ellensburg pursuant to the
lnterlocal Cooperation Act, chapter 39.34 RCW be adopted and filed as required.
ADOPTED this 5 -t,. day of jlA AaC✓ 2018.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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D. R \M itchell
Deputy Prosecuting Att rney
INTERLOCAL AGREEMENT BETWEEN
KITTITAS COUNTY AND THE CITY OF ELLENSBURG
This agreement is entered into between Kittitas County on behalf of the Kittitas County Sheriffs
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
39.34RCW.
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
ofKCSO are and will remain employees ofKCSO. Employees ofEPD are and will remain
employees ofEPD.
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 2of 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 5\1 -i day ofJ l,d..,/10 , 2018.
For the KCSO:
F
Approved as to form:
City Attorney
Interlocal Agreement
KITTITAS COUNTY BOARD OF
COMMISSIONERS
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Approved as to Form
Douglas R. Mitchell, WSBA #22877, DPA
Kittitas County
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