HomeMy WebLinkAboutContract CAG-20-044
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INTERAGENCY AGREEMENT
BETWEEN
THE WASHINGTON STATE INTERNET
CRIMES AGAINST CHILDREN TASK FORCE
ACTING THROUGH THE CITY
OF SEATTLE POLICE DEPARTMENT
AND
CITY OF RENTON POLICE DEPARTMENT
This Interagency Agreement is entered into by and between the Washington State Internet
Crimes against Children Task Force (WA ICAC TF),acting through the City of Seattle Police
Department and City of Renton Police Department (Affiliate Agency) acting through its duly
authorized representative.
WHEREAS,The United States Department of Justice (DOJ) Office of Juvenile Justice and
Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children
(ICAC) Task Force Program,which is a national network of state and local law enforcement
cybercrime units. The mission of the national ICAC Task Force Program is to assist state
and local law enforcement agencies develop an effective response to technology-facilitated
child sexual exploitation and Internet crimes against children.This assistance encompasses
forensic and investigative components, training and technical assistance,victim services,
prevention and community education. Due in large part to the technological aspects of
these cases, the ICAC Task Force Program promotes a multi-jurisdictional, multi-agency,
team approach to investigating and prosecuting ICAC cases; and
WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task
forces representing more than 3,500 federal, state,and local law enforcement and
prosecutorial agencies with each task force having an agency designated by the OJJDP as
the"Lead Agency"which is the law enforcement agency that is awarded federal funding to
serve as the"Lead"Agency for the corresponding Task Force.
WHEREAS,the SPD has been designated by the OJJDP as the"Lead Agency"to oversee the
multi-jurisdictional Washington State Internet Crimes Against Children Task Force
(WA ICAC TF) intended to combat crimes related to the sexual exploitation,enticement
and victimization of children through the Internet, online communication systems,
telecommunications technology and other computer technology; and
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WHEREAS,the SPD is the recipient of a Federal grant through the OJJDP to assist in the
investigation and prosecution of Internet crimes against children; and
WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase
their computer forensic capabilities and receive appropriate training to investigate
Internet related cases;and
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j WHEREAS,agencies that agree to work with the SPD as the"Lead Agency" shall be
identified in the program as an"Affiliate"or "Affiliate Agency"will execute this signed
agreement under the authorization of the proper authority of said agency following all of
the terms, conditions and tenets contained herein.
NOW THEREFORE,the parties hereto agree as follows:
This Interagency Agreement contains thirteen (13) Articles.
ARTICLE I TERM OF AGREEMENT
Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate
Agencies may be added by executing an Interagency Agreement with the SPD in
substantially the same form as this Interagency Agreement.The term of this Interagency
Agreement shall be in effect until terminated pursuant to the provisions hereof. Either
agency may cancel this agreement with (30) thirty days of written notification to the other
agency.Said notification must be provided from the appropriate authorized authority
within that agency.Upon receipt of the written notification the SPD will permanently
remove the agency from Affiliate Agency status with the ICAC Program.
ARTICLE II OPERATIONAL STANDARDS
Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and
Investigative Standards, attached to and made part of this Agreement,as Attachment A. The
undersigned law enforcement agency agrees to investigate ICAC cases within their
jurisdiction, and assist other jurisdictions to investigate these cases.
Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children
Task Force that is overseen by the SPD.
Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC
investigations. Each investigator involved with undercover operations must receive ICAC
Program training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the SPD ICAC prior to conducting the investigation.
Affiliate Agencies agree to conduct reactive investigations where subjects are associated
within the Affiliate Agencies jurisdiction, including investigations of child pornography,
Cybertip (CT) referrals from the National Center for Missing and Exploited Children
(NCMEC), Internet Service Provider (ISP) and law enforcement referrals,and other ICAC-
related investigations.Additional case initiations may develop from subject interviews,
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documented public sources, direct observations of suspicious behavior, public complaints,
etc.
Affiliate Agencies agree to record and document all undercover online activity.Any
deviations from this policy due to unusual circumstances shall be documented in the
relevant case file, reviewed and authorized by the ICAC Unit Commander,or equivalent,for
that agency.
Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files
including,without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
Affiliate Agencies agree to locate its ICAC investigators in a secured space, to be provided
by the Affiliate Agency,with controlled access to all equipment,software,and investigative
files.At a minimum,information should be maintained in locked cabinets and under
control of each Affiliate Agencies ICAC personnel,with restricted access to limited
authorized personnel.
Affiliate Agencies agree to conduct education and prevention programs to foster awareness
and provide practical, relevant guidance to children, parents, educators, librarians, the
business and law enforcement communities,and other individuals concerned about
Internet child safety issues. Presenters shall not discuss ongoing investigative techniques
and undercover operations utilized by the WA ICAC TF,its Affiliate Agencies or the national
ICAC Program.
Affiliate Agencies agree to be responsible for proper maintenance and use of any
equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD.
Upon termination of this Interagency Agreement,ownership of equipment,hardware,and
other non-expendable items will revert to the SPD.
Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal,
civil,and forfeiture actions against identified violators,as appropriate.
Affiliate Agencies shall maintain accurate records pertaining to prevention, education and
enforcement activities,to be collected and forwarded not less than monthly to the SPD
ICAC Strategic Advisor, Seattle Police Department,wa.i.cac@seattle.gov or entered directly
into IDS, for statistical reporting purposes (form provided.)
ARTICLE III SUPERVISION
Each Affiliate Agency will be responsible for the day-to-day operational supervision,
administrative control, and personal and professional conduct of its officers and agents
assigned to assist the WA ICAC TF.WA ICAC TF investigations are a cooperative effort and
investigative decisions will be a joint process guided by the ICAC Task Force Program
Operational and Investigative Standards.
ARTICLE IV JURISDICTION
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The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of
each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the
jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a
member of the WA ICAC TF.Affiliate Agencies may on occasion be referred investigations
that are outside of the physical boundaries of their respective municipalities due to specific
needs,capabilities or expertise as identified by the WA ICAC TF Lead Agency.Affiliate
Agencies agree to take these referrals and conduct appropriate investigations in
conformance with the ICAC Operational Standards, investigative or operational training,
and their agency policing policies.
ARTICLE V EVIDENCE
Seized evidence and any other related forfeiture will be handled in a manner consistent
with the seizing law enforcement agency's policies.
ARTICLE VI INSURANCE AND LIABILITY
Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self-
insurance program,approved by the State of Washington,for the protection and handling
of the liabilities including injuries to persons and damage to property. Each Affiliate Agency
agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its
liability exposures for this Agreement and agrees to provide the City of Seattle with at least
30 days prior written notice of any material change in the Affiliate Agency's liability
coverage.
ARTICLE VII REPORTING STANDARDS
Using a process provided by the SPD,each Affiliate Agency shall submit monthly statistics
to the SPD on all ICAC investigations or other investigative work pertaining to the sexual
exploitation of children via the approved procedures.hese statistics shall be submitted in
the appropriate format by the 10th day of each successive month that the statistics were
acquired and shall include data on all related investigations opened or closed during the
month in all of the categories as designated on the provided form.
In addition,an agency case number shall be included for each sexual exploitation of a minor
(child pornography) case, and/or criminal solicitation of a minor (enticement/traveler)
case investigated by an Affiliate Agency. Any local media reporting or responses on the
investigation will comply with Section 12. Media Relations and Media Releases of the ICAC
Operational Standards.The SPD will be responsible for all required reporting to the OJJDP.
ARTICLE VIIITRAINING
Affiliate Agencies shall make every effort to make investigators designated as Task Force
Members available for applicable specialized training provided through the national ICAC
Program and other appropriate training programs.The SPD will review training requests
and provide funding for ICAC-approved training when appropriate.This funding will
include,but is not limited to; WA ICAC TF hosted,or sponsored or facilitated training
through the national ICAC Programs authorized vendors.
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Affiliate Agencies seeking funding assistance will be required to submit requests at least
thirty(30) days in advance in writing and to comply with the procedures set forth in a
separate Interagency Agreement for funding requests.A sample of this Interagency
Agreement is available upon request but in no way is tacit or expressed authorization of
requested funding or financial assistance given in advance. Funding under the Interagency
Agreement is limited to the available funds that are received by the SPD under the OJJDP
Grant program for the national ICAC program.
ARTICLE IX CONFIDENTIALITY
The parties agree that any confidential information pertaining to investigations of WA ICAC
TF will be held in the strictest confidence,and will only be shared with other Affiliate
Agencies or other law enforcement agencies not participating in the WA ICAC TF where
necessary or as otherwise permitted by federal and/or state law.
ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
To the extent required by law,the Affiliate Agency shall comply with all applicable laws,
standards, orders and regulations regarding equal employment which are applicable to the
Affiliate Agency's performance of this Interagency Agreement,including Rules of Practice
for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No.
11246, title 41,subtitle B, Chapter 60, part 60-30,which are incorporated herein by
reference.
ARTICLE XI GOVERNING LAW AND VENUE
This Interagency Agreement is governed in all respects by applicable local, State, and
Federal laws which shall supersede any provisions made in this Interagency Agreement to
the contrary.Any provision effected will not negate the rest of the Interagency Agreement.
In case any one or more of the provisions contained in this Interagency Agreement shall be
held to be invalid, illegal or unenforceable in any respect,such invalidity,illegality or
unenforceability shall not affect any other provision thereof and this Interagency
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein. Exclusive venue is in Seattle, King County,Washington.
ARTICLE XII EFFECTIVE DATE
This Interagency Agreement shall be effective on May 1. 2019 and continue for three years.
Upon expiration of the three years this Interagency Agreement shall automatically be
renewed for one (1) additional year until such time as federal funding for the ICAC Task
Force Program ends or the Interagency Agreement is canceled by either party upon 30
days'written notice delivered to both parties as delineated in ARTICLE I TERM OF
AGREEMENT.This Interagency maybe executed in multiple counterparts, each of which
shall be deemed to be an original,but all of which,taken together, shall constitute one and
the same agreement.
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The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall
not affect the Interagency Agreement with the remaining Affiliate Agencies.
This Interagency Agreement can be amended or replaced in the event of new requirements
under the national ICAC Task Force Program or as designated by law or other proper
lawful authority.
ARTICLE XIII AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement,by mutual agreement.
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WASHINGTON STATE
INTERNET CRIMES AGAINST CHILDREN
TASK FORCE
•
INTERAGENCY AGREEMENT
EXECUTED BY
The SEATTLE POLICE DEPARTMENT,
a department of the City of Seattle,hereinafter referred to as"SPD",
Department Authorization Representative:
Captain Michael Edwards
PO Box 34986
Seattle WA 98124-4986
AND
The Renton Police Department
a department of the State of Washington,hereinafter referred to as
"Affiliate Agency",Department Authorized Representative:
In Witness,Whereof,the parties have executed this Agreement by having their
representatives affix their signatures below.
RENTON POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT
Ed VanValey,Chief of Police Carmen Best, Chief of Police
Date: /cc, l2o1ct Date: OH S- D.Ul c
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