HomeMy WebLinkAboutResolutions - 2020-05 - Resolution 2020-05, A Resolution authorizing the Mayor to execute an Interlocal Agreement for Cellular Phone Forensic Examinations - 2/4/2020City of East Wenatchee Resolution 2020-05
Retain Resolution until no longer needed for City -business, then transfer to Washington State
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City of East Wenatchee, Washington
Resolution No. 2020-05
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement for Cellular Phone
Forensic Examinations
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
4. Authorization. The City Council authorizes the Interim Chief of
Police to execute an Interlocal Agreement that conforms to the
language set forth in Exhibit A.
5. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
Return Address:
Captain Brian Chance
Wenatchee Police Department
140 S. Mission St.
Wenatchee, WA 98801
The information contained in this boxed section is for recording purposes only pursuant to RCW
36.18 and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the
intent of the warranty contained in the document itself.
INTERLOCAL AGREEMENT FOR
CELLULAR PHONE FORENSIC EXAMINATIONS
This Interlocal Agreement (“Agreement”) is made and entered by and between the City of
Wenatchee, a Washington municipal corporation, City of East Wenatchee, a Washington
municipal corporation, Chelan County, a Washington municipal corporation, Douglas County, a
Washington municipal corporation, Columbia River Drug Task Force, a multi-jurisdictional team,
and Washington State Fish and Wildlife, a Washington State agency, pursuant to the authority of
Chapter 10.93 RCW (Washington Mutual Aid Peace Officers Powers Act) and Chapter 39.34
RCW (Interlocal Cooperation Act). The parties may be referred to together as the “Parties,” or
individually as a “Party.”
WHEREAS, each Party desires to conduct forensic examinations of cellular phones and
cloud storage devices;
Document Title: Interlocal Agreement for Cellular Phone Forensic Examinations
Grantor(s): City of Wenatchee, City of East Wenatchee, Chelan County, Douglas
County, Columbia River Drug Task Force, Washington State Fish
and Wildlife
Grantee(s): City of Wenatchee, City of East Wenatchee, Chelan County, Douglas
County, Columbia River Drug Task Force, Washington State Fish
and Wildlife
Legal Description: N/A
Assessor’s Tax Parcel ID: N/A
Filed with the Auditor pursuant to RCW 39.34.040
Resolution 2020-05 Exhibit A
WHEREAS, for the mutual benefit of the Parties and to conserve public funds, it is
convenient and economical for the Parties to enter into this Agreement to assist in facilitating an
orderly and thorough forensic examination of cellular phones and cloud storage devices.
NOW, THEREFORE, the Parties agree as follows:
1. Purpose.
1.1 The purpose of this Agreement is to establish a multi-jurisdictional team
consisting of law enforcement officers from the various local law enforcement agencies of the
Parties to provide assistance in facilitating an orderly and thorough forensic examination of cellular
phones and cloud storage devices.
1.2 The "DIGITAL FORENSIC INVESTIGATIONS UNIT" ("DFI") is hereby
created, the members of which shall be law enforcement officers from some or all of the Parties
hereto and who shall be selected and shall operate in accordance with the DFI Protocol attached
as Exhibit “A” and incorporated herein by reference ("DFI Protocol").
2. Administration.
2.1 No separate legal entity is created by this Agreement.
2.2 For purposes of RCW 39.34.030(4)(a), the administrator of this Agreement
shall be the Chief of Police of the Wenatchee Police Department.
2.3 The following shall be the Parties’ authorized representatives and contact
persons for administration of this Agreement and any notices required by this Agreement shall be
provided to:
City of
Wenatchee:
Chief of Police
Wenatchee Police
Department
140 S. Mission St.
P.O. Box 519
Wenatchee, WA 98807
509-888-4201
City of East
Wenatchee:
Chief of Police
East Wenatchee Police
Department
271 9th St. NE
East Wenatchee, WA 98802
509-884-9511
County of Sheriff County of Sheriff
Chelan: Chelan County Sheriff’s Douglas: Douglas County Sheriff’s
Office Office
401 Washington St. #101 110 2nd St. NE #200
Wenatchee, WA 98801 East Wenatchee, WA 98801
509-667-6851 509-884-0941
Resolution 2020-05 Exhibit A
Columbia
River Drug
Task Force:
Sheriff
Chelan County Sheriff’s
Office
401 Washington St. #101
Wenatchee, WA 98801
509-667-6851
Washington
State Fish and
Wildlife:
Regional Director
North Central – Region 2
3860 Hwy 97A
Wenatchee, WA 98801
509-662-0452
3. Duration and Termination.
3.1 This Agreement shall become effective upon:
3.1.1 Full execution by the Parties; and
3.1.2 Posting of this Agreement with the each of the Parties websites or
recording the with the appropriate County Auditor’s Office.
3.2. The term of this Agreement shall be through February 3, 2021. This Agreement
shall automatically extend for consecutive one (1) year terms, unless terminated pursuant to the
terms of this Agreement.
3.3 Any Party may terminate their participation in this Agreement by providing
written notice to all other Parties as stated in Section 2.3 of their intent to terminate. Notice of
intent to terminate shall become effective upon the latter of:
3.3.1 Ninety (90) days after service of the Notice; or
3.3.2 At the conclusion of all investigations that may be pending on the
date of service of the Notice where the terminating Party has an active case file number with DFI.
3.4 Notice of intent to terminate this Agreement shall be served personally or
by certified mail, return receipt requested, postage prepaid. Notice shall be effective starting on
the date of the receipt. If service is done by certified mail, receipt shall be deemed to have occurred
on the third business day after mailing.
4. DFI Management.
4.1 DFI shall be governed by the DFI Protocol. The DFI Protocol may be
amended from time to time by written approval of the majority of the Member Agencies as defined
in the DFI Protocol. Upon such amendment, the amended DFI Protocol will be provided to each
Party and shall supersede any prior versions of the Protocol.
4.2 The Parties agree to cooperate with respect to the assigning of officers to
the DFI and that the appointment of the DFI officers will be in accordance with the DFI Protocol.
Resolution 2020-05 Exhibit A
4.3 The Parties are under no obligation to request the assistance of DFI. If the
assistance of the DFI is requested, the DFI shall be activated and will operate pursuant to the DFI
Protocol.
5. Financing, Budget and Expenses.
5.1 No separate budget or financing method is created by this Agreement.
5.2 The annual cost of maintenance and future licensing of the software and
related equipment shall be paid for by the City of Wenatchee. The City of Wenatchee shall then
invoice all other Parties for their equal share of the costs. The other Parties shall pay the invoice
within thirty (30) days of receipt.
5.3 The City of Wenatchee shall provide a computer for use by the DFI. The
computer shall be provided at no cost to the other Parties; provided that any maintenance for the
computer shall be paid for by the City of Wenatchee, who shall then invoice all other Parties for
their equal share of the cost. The other Parties shall pay the invoice within thirty (30) days of
receipt.
5.4 The City of Wenatchee shall provide office space at the Wenatchee Police
Department for use by the DFI. The City shall bear all the costs associated with the office space.
5.5 The software and related equipment shall remain the property of the City of
Wenatchee upon termination of the Agreement.
6. Property.
6.1 The Parties do not anticipate acquiring jointly-owned personal or real
property under this Agreement.
6.2 When a party terminates their participation in the Agreement, that Party
shall promptly return any personal property in its possession that was used in the performance of
this Agreement to the Party that is the owner of such property.
7. Maintenance and Audit of Records.
7.1 Each Party shall maintain books, records, documents and other materials
relevant to its performance under this Agreement.
7.2 These records shall be subject to inspection, review and audit by any Party,
the Washington State Auditor’s Office, or any other entity as required by law.
7.3 Each Party shall retain all such books, records, documents and other
materials for the longest applicable retention period under Washington law.
Resolution 2020-05 Exhibit A
8. Legal Relations.
8.1 The Parties agree that each Party’s relation to any other Party shall be at all
times under this Agreement as an independent contractor. Employees of a Party are and will remain
employees of that Party.
8.2 Each Party agrees to defend, indemnify, and hold harmless the all other
Parties and their agents from and against claims, damages, losses, and expenses, including, but not
limited to, attorney’s fees and costs and expenses, arising out of or resulting from its performance
of this Agreement, except for injuries and damages caused by the actions of the other Parties. In
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by the concurrent negligence of the parties, each Party’s liability hereunder shall be limited
to the extent of the damages caused by its negligence.
8.3 The indemnification obligation of each Party shall not be limited in any way
by the application of the workmen's compensation act, Title 51 RCW, and each Party expressly
waives the protection afforded by such law. The foregoing waiver has been mutually negotiated
and agreed upon.
8.4 In the event that a claim or lawsuit is brought against a Party or its
employee(s) for actions arising out of their conduct in the operation of the DFI, such Party shall
promptly notify all other Parties in writing that said claim or lawsuit has been filed or commenced.
9. Enforcement.
9.1 In the event a dispute arises regarding any matter addressed in or related to
this Agreement, the parties agree that before taking any court action or seeking any other legal
remedy, the parties’ authorized contact persons listed in Section 2.3, or their authorized designees,
will participate in a good faith in-person negotiation to resolve any such dispute.
9.2 If any legal action, arbitration or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any of the provisions of this Agreement, each Party shall pay
its own attorney’s fees incurred in that action, arbitration or other proceeding.
9.3 The Chelan County Superior Court shall be the sole and proper venue for
any and all court actions brought to enforce or interpret the provisions of this Agreement.
9.4 This Agreement shall be governed exclusively by the laws of the State of
Washington.
10. Applicable Laws.
The parties, in performance of the work under this Agreement, shall abide by all
applicable local, state and federal laws, regulations, and requirements.
Resolution 2020-05 Exhibit A
11. Interpretation.
11.1 This Agreement has been submitted to the scrutiny of the Parties and their
legal counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance its
words, without consideration or weight given to its being drafted by any Party or its legal counsel.
11.2 Nothing contained in this Agreement shall be interpreted or construed to
permit the assignment by any Party of any rights or obligations in this Agreement and such
assignment is expressly prohibited without the prior written consent of the all Parties.
12. Waiver of Breach.
The waiver by any Party of the breach of any provision of this Agreement by any
other Party must be in writing and shall not operate or be construed as a waiver of any subsequent
breach by such Party.
13. Recitals.
The recitals in the preamble to this Agreement are incorporated by this reference
and are a part of this Agreement.
14. Severability.
In the event any term, provision, or condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms,
provisions, conditions, or applications of this Agreement which shall be given effect without the
invalid term, provision, condition, or application. To this end, the terms, provisions and conditions
of this Agreement are declared severable.
15. Posting of the Agreement.
Pursuant to RCW 39.34.040, if a Party has a website, this Agreement shall be
posted and listed by subject on that Party’s web site prior to its becoming effective.
16. Entire Agreement.
16.1 This Agreement contains all the terms and conditions agreed upon by and
between the Parties.
16.2 This Agreement may be executed simultaneously or in counterparts each of
which shall be deemed an original, but all of which shall be identical and constitute one and the
same agreement.
16.3 No other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the Parties hereto.
Resolution 2020-05 Exhibit A
16.4 Any modification of this Agreement must be in writing and executed by all
Parties; provided that the DFI Protocol may be modified as stated in Section 4 of this Agreement.
16.5 This Agreement shall be binding upon the Parties, their successors and
assigns.
IN WITNESS WHEREOF, the Parties hereby have executed this Agreement on the dates
below.
City of Wenatchee
_____________________________ Date:_____________
Steve Crown, Chief of Police
_____________________________ Date:_____________
Frank Kuntz, Mayor
Chelan County
_____________________________ Date:_____________
Brian Burnett, Sheriff
_____________________________ Date:_____________
Doug England, Chairman of Board of
Commissioners
Columbia River Drug Task Force
_____________________________ Date:_____________
Brian Burnett, Sheriff
_____________________________ Date:_____________
Steve Crown, Board of Executives
Resolution 2020-05 Exhibit A
City of East Wenatchee
_____________________________ Date:_____________
Tom Robbins, Interim Chief of Police
_____________________________ Date:_____________
Jerrilea Crawford, Mayor
Douglas County
_____________________________ Date:_____________
Kevin Morris, Sheriff
_____________________________ Date:_____________
Dan Sutton, Chairman of Board of
Commissioners
Washington State Department of Fish and Wildlife (Region 2)
_____________________________ Date:_____________
Steve Bear, Chief
_____________________________ Date:_____________
Jeff Hugdahl, Contracts and Purchasing
Manager
Resolution 2020-05 Exhibit A
Resolution 2020-05 Exhibit A