HomeMy WebLinkAboutInterlocal Cooperation Act UFEDCOMPUTER EQUIPMENT SOFTWARE LICENSE AGREEMENT
This Agreement is entered into under the Interlocal
Cooperation Act (Chapter 39.34 RCW) by and between BENTON COUNTY
and the following entities:
CITY OF PASCO
CITY OF KENNEWICK
CITY OF RICHLAND
CITY OF WEST RICHLAND
CITY OF PROSSER
CITY OF CONNELL
FRANKLIN COUNTY
(collectively referred to as the "Participating Agencies ") .
This Agreement is effective upon execution by all
Participating Agencies and filing with the County Auditor.
SECTION 1 - PURPOSE
The Support Advocacy & Resource Center (SARC) was eligible to
obtain State grant funding for the use of purchasing computer related
equipment. A Cellebrite UFED Physical (UFED) device was purchased by
SARC for use by local area agencies to download and analyze cell
phone, GPS, and tablet data during an investigation, as electronic
devices are frequently used in crimes against children, as well as
sexual assault cases. SARC purchased the device, which included the
1s` year software licensing, with the intention to donate the device
to Benton County on the condition that all local area agencies be
permitted to use it during an investigation. It was agreed upon by
the Chief's and Sheriff's that the renewal of the annual software
licensing and all associated UFED costs would be the responsibility
of the Participating Agencies. This Agreement will allocate the
costs, usage, and administration of the UFED device among the
Participating Agencies.
SECTION 2 - TERMS OF USE AND AVAILABILITY
All Participating Agencies agree to abide by the terms of the
Cellebrite License Agreement set forth in Exhibit A. The UFED device
shall be housed at the Benton County Sheriff's Office and shall be
signed out by each Participating Agency user. The availability of
the UFED device shall be prioritized based on the degree of the
crime and potential harm to the public. Should a Participating
Agency have a high priority or emergency case, it can obtain the
device from whichever Participating Agency is currently using it for
a non - priority case. If a Participating Agency's investigator is out
of town, the device is to be returned to Benton County to be passed
on to the next Participating Agency waiting to use the device.
SECTION 3 - ADMINISTRATION
The Benton County Sheriff's Office shall be the administrator of
the UFED device. Should the UFED device fail during use, the user
shall immediately notify the Benton County Sheriff's Office. Upon
said notification, the Benton County Sheriff's Office shall notify
the vendor to resolve any issues with the device.
SECTION 4 - COMPENSATION
As compensation for the use of the UFED device, each
Participating Agency shall pay Benton County a percentage of the
actual costs incurred by Benton County for the annual software license
renewal, and for any necessary repairs not provided for under Section
8 herein needed for the device. The percentage each Participating Agency
is obligated to pay is based on the Jurisdiction Allocation
Formula, as set forth below. Allocation is modeled after the
previously executed Child Abuse Investigation Agreement
between the Participating Agencies and based on a 50/50 split
between prosecution and law enforcement. Allocation between
jurisdictions is based on population.
JURISDICTION ALLOCATION FORMULA
PROSECUTION
Kennewick
-0-
IRichland
-0-
Benton County
34% (50% of
29)
68 )
West Richland
-0-
Prosser
-0-
Pasco
-0-
(Franklin County
16% (50% of
13)
32)
(Connell
-0-
ITotal
50%
LAW
ENFORCEMENT
TOTAL
14.50%
(50%
of
29)
14.50%
X9.50%
(50%
of
19)
9.50%
6.5%
(50%
of
13)
41%
2.5%
(50%
of
5)
2.5%
�1%
(50%
of
2)
1°%
12%
(50%
of
24)
12%
3°%
(50%
of
6)
18.5%
1%
(50%
of
2)
1%
50%
100%
SECTION 5 - PAYMENT
Benton County shall determine the actual costs incurred on an
annual basis and shall calculate the amount each Participating Agency
owes using the Jurisdiction Allocation Formula. Benton County
shall then submit that amount in an annual voucher to each
Participating Agency, upon signature of all Participating Agencies
for the 2013 first payment, and then on or before September lst
of each y e a r thereafter. Each Participating Agency shall pay
the voucher within thirty days upon receipt. Account balances
overdue 30 days or more will be subject to a service charge of 10
per month (12% per annum). Should it become necessary, all
collection costs shall be paid by the defaulting Participating
Agency.
SECTION 6 - WITHDRAWAL
6.1 Any Participating Agency to this Agreement may withdraw by
serving a notice of withdrawal upon all other Participating
Agencies to the Agreement. This notice shall be given by April 1st
of any year to be effective September lst that same year. Such
withdrawal will terminate usage of the device for the withdrawing
Participating Agency.
6.2 In the event a Participating Agency withdraws from this
Agreement, the Jurisdiction Allocation Formula set forth in
Section 4, may be amended pursuant to Section 11.
SECTION 7 - DURATION OF AGREEMENT
7.1 This Agreement shall be effective immediately upon
signatures of all Participating Agencies. This Agreement shall have
a duration of two (2) years, and shall be renewed annually
thereafter by a majority vote of the Participating Agencies.
7.2 The Participating Agencies may agree by unanimous consent to
terminate this Agreement and said termination would be effective August
31$t of that same year.
SECTION 8 - REPLACEMENT OF REPAIR OF EQUIPMENT DUE TO DAMAGE OR THEFT
8.1 Should the UFED device be damaged or stolen while in the custody of
any Participating Agency, said agency shall be solely responsible for the
replacement or repair costs of the UFED device. Benton County shall be
responsible for disposing the equipment if it shall become obsolete.
SECTION 9 - LIABILITY
9.1 Each Participating Agency to this Agreement is responsible for
the conduct and action of its officers, agents and employees and shall
hold harmless, indemnify and defend all other Participating
Agencies to this Agreement from and against any and all claims, loss
and damages of any nature whatsoever resulting from, arising out of or
incident to any act or omission of its officers, agents and employees
in the performance of this Agreement.
9.2 With respect to the performance of this Agreement and usage of
the UFED device, as to any claims against any Participating Agency to
this Agreement or their officers, agents, and employees, each
Participating Agency expressly waives it immunities under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for
injuries to its employees and agrees that the obligation to
indemnify defend and hold harmless provided for in this section
extends to any claim brought by or on behalf of any employee of the
respective Participating Agency. This waiver is mutually negotiated
by the Participating Agencies.
SECTION 10 - PROHIBITION AGAINST ASSIGNMENT
No Participating Agency to this Agreement may assign any
right, claim or interest it may have under this Agreement.
SECTION 11 - AMENDMENT
This Agreement may be amended from time to time as deemed
appropriate by the Participating Agencies, provided, that such
amendment shall become effective only after it has been adopted in
writing by each of the Participating Agencies.
SECTION 12 - SEVERABILITY
Should any portion of this Agreement be deemed by a court of
law of the state legislature to be illegal or unenforceable, to the
extent practicable, every other portion, which is not illegal or
unenforceable, shall remain in effect.
SECTION 13 - COUNTERPART COPIES
This Agreement may be signed in counterpart or
duplicate copies, and any signed counterpart or duplicate
copy shall be equivalent to a signed original for all purposes.
SECTION 14 - AGREEMENT COMPLETE
The foregoing constitutes the full and complete Agreement
of the Participating Agencies. All oral understandings and
agreements are set forth in writing herein.
Dated this day of
BENTON COUNTY, WASHINGTON
SHON SMALL, Chairman
Attest:
CAMI MCKENZIE
Clerk of the Benton County
Board of County Commissioners
STEVEN KEANE, Sheriff
Approved As To Form:
RYAN LUKSON, Deputy Prosecutor
CITY OF KENNEWICK,
STEVE YOUNG, Mayor
KEN HOHENBERG, Police Chief
Approved As To Form:
, 2013.
FRANKLIN COUNTY, WASHINGTON
RICK MILLER, Chairman
Attest:
MARY WITHERS
Clerk of the Franklin County
Board of County Commissioners
RICHARD LATHIM, Sheriff
Approve As To Form:
SHAWN P. SANT, County Prosecutor
CITY OF RICHLAND
CINDY JOHNSON, City Manager
CHRIS SKINNER, Police Chief
Approved As To Form:
LISA BEATON, City Attorney TOM LAMPSON, City Attorney
CITY
CITY MANAGER
ROBERT METZGER2 J(flUef Police
Approved As To Form:
LEE KERR, City Attorney
CITY OF PROSSER
PAUL WARDEN, Mayor
DAVID GILES, Police Chief
Approved As To Form:
CITY OF WEST RICHLAND
DONNA NOSKI, Mayor
BRIAN MCELROY, Policy Chief
Approved As To Form:
BRONSON BROWN, City Attorney
CITY OF CONNELL
GARY WALTON, Mayor
MIKE KESSLER, Police Chief
Approved As To Form:
HOWARD SAXTON, City Attorney DAN HULTREN, City Attorney