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HomeMy WebLinkAbout2008-130 MOU - City of Central Point SOUTHERN OREGON 1t.4;t.l:..~;........._'... HIGH-TECH CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING BETWEEN THE CENTRAL POINT POLICE DEPARTMENT AND THE A (l-J LL5J JIl/,A f7o~J"'''-:' 0 CPA-A. T P'1~VI PURPOSE The purpose of this Memorandum of Understanding (MOU) is to form a partnership between the Southern Oregon High-Tech Crimes Task Force (SOHTCTF) and the A r J..J f..,Ai,../~ PDt..-.. G-<:. II?~P.M4C d:J ;::'./""'1 for the purpose of utilizing the resources of the SOHTCTF. The SOHTCTF was originally created by the Central Point Police Department (CPPD) as the High-Tech Crimes Unit. The SOHTCTF is controlled by and housed within the Central Point Police Department. MISSION OF THE HIGH-TECH CRIMES TASK FORCE The High-Tech Crimes Task Force (HTCTF) investigates crimes that are technical in nature and often involve digital evidence. The HTCTF assists law enforcement agencies of all levels in the investigations of high-tech crimes and offers a full functioning digital evidence forensic laboratory. In addition to the investigation of crimes and forensic examinations, the HTCTF also conducts online undercover operations, I proactive investigations, and public education. The HTCTF has maintained an exceptional reputation for technical skill and ability and is one of only a few digital evidence forensic laboratories in our State. HTCTF RESPONSIBILITIES The SOHTCTF agrees to provide subscribing agencies with the full resources of the HTCTF. These resources include, but are not limited to: . Assisting with search warrant affidavits and subpoenas for Internet records, cell phone tracking, digital evidence, or other crimes involving technology On-scene seizure of digital evidence by a Certified Electronic Evidence Collection Specialist (CEECS) Telephonic consultation about the seizure of digital evidence and/or legal questions regarding technology After hours response for emergency situations requiring immediate involvement (homicides, missing persons, child abduction, Internet predators, etc.) Complete forensic examinations of digital evidence to include computers, cellular phones, storage media, and other digital media Onsite preview and search of evidence (such as probation searches or "knock and talks") Provide a highly trained Certified Forensic Computer Examiner (CFCE) to oversee forensic examinations Conduct internal administrative investigations for subscribing agencies and their respective public entities for suspected Internet misuse and/or other policy violations involving computers Produce highly detailed, accurate reports for investigators and prosecutors Allow defense attorneys and investigators to view digital evidence within the SOHTCTF for investigatory agencies when needed Provide expert witness testimony in trial courts and grand jury sessions for subscribing agencies in the area of digital forensics and technOlogy . . . . . . . . . . CASE SUBMISSION Subscribing agencies may submit evidence to the SOHTCTF for forensic analysis after contacting the SOHTCTF Commander. Agencies understand that the SOHTCTF conducts forensic examinations and investigations for a multitude of law enforcement agencies and that these investigations are detailed and time consuming. The SOHTCTF has a detailed triage policy which clearly prioritizes cases based on their individual circumstances, regardless of what agency is submitting the evidence. Cases submitted to the SOHTCTF must include an SOHTCTF lab submission request form and either a copy of the consent to search form or search warrant and affidavit. The SOHTCTF reserves the right to return evidence and refuse to perform forensic examinations on evidence if the SOHTCTF Commander feels there is not sufficient legal authority to conduct such seCM"ches. Subscribing agencies agree and understand that the forensic examination process is extremely time consuming and may take from one week to six months to complete depending on the circumstances of the case. The SOHTCTF will store evidence from submitting agencies until it is no longer needed by SOHTCTF members. The evidence will then be returned to the submitting agency for long-term storage or release. The SOHTCTF will not store evidence for submitting agencies permanently. SOHTCTF SUBSCRIPTION Agencies who wish to have full access to the SOHTCTF resources and digital evidence forensic laboratory agree to this MOU and pay the annual subscription fee. The subscription fee is designed to help CPPD offset the costs associated with upgrading of hardware, software and training to keep up with ever changing technology. The subscription fee is based upon the number of sworn personnel an agency maintains. The fee has been developed based on the number of cases investigated by the SOHTCTF and the cost of upgrades over the past two years. The subscription fee will be paid annually to the SOHTCTF in August of each year. As of the fiscal year 2007/2008 budget cycle, the annual subscription fee is noted below: I Number of Sworn Officers 5 or less 5-10 10-15 15-20 25 + o Annual Cost $500.00 $1000.00 $1500.00 $2000.00 $2500.00 Agencies who choose to assign a full-time investigator(s) to the SOHTCTF will not be required to pay an annuai subscription fee. NON-SUBSC~IBING AGENCIES It must be noted that regardless of subscription status, the SOHTCTF will investigate cases involving homicide and child abductions for any agency. If a I'lOn-subscribing agency has a case other than homicide or child abduction and desire a forensic examination to be performed, the SOHTCTF will agree to perform a forensic examination or assist with an investigation for the rate of $100.00 per hour. Agencies will only be billed for actual time spent on their case with a one-hour minimum. As a "rule of thumb," agencies should be aware that the average cell phone forensic examination takes approximately 4 hours, and the average computer forensic examination is between 20 and 40 hours, to include report preparation. SOHTCTF ACCOUNT All subscription revenues collected will go directly intD a SOHTCTF program created by the City of Central Point. This revenue (fund) will be used exclusively for the SOHTCTF. It will be accounted for separately within the general fund. EVIDENCE MEDIA Any agency that wishes to use the SOHTCTF must provide a hard drive large enough to store the forensic images created from the evidence submitted. The SOHTCTF will keep agenc(es apprised of their hard drive storage space and will notify them when an additional drive must be purchased. The hard drive must be an internal IDE hard drive. The hard drive will be labeled with the agency's name and only used for that agency's evidence. Evidence hard drives will be stored within the SOHTCTF. TRAVEL AND COURT APPEARANCES In the event that SOHTCTF Staff must travel to collect evidence or testify in court, the submitting agency may be required to pay for travel expenses. If the SOHTCTF Staff can make the travel within one business day and no lodging is required, the SOHTCTF will pay for the expenses. If an SOHTCTF Staff member requires lodging, the subscribing agency agrees to pay for the associated lodging costs. EFFECTIVE DATE The terms and conditions of this MOU shall be come effective i"'porffliesignatures of the representatives of the participating agencies. Sign For the Central Point Police Department Date: - 2/,- - -;2 A::-/ }J ~ . For the ,,:/ } l-J. L- 4_/ r. Chief r 1'<./1.:(1., H~~a ~,v~C-i.l "2- L;-. D ) ~ ~0'7 Po (,.'1. VL Signed: Date: r., CiTY RECORDER CITY OF ASHLAND I 20 E MAIN ST. ' ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 P~lFE 7/1/2008 I I PGl~UM$E'R 08360 VENDOR: 012640 CENTRAL POINT, CITY OF 140 SOUTH THIRD STREET CENTRAL POINT, OR 97502 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Dept.: POLICE Contact: Gail RosenberQ Confirming? No Tech Crime InvestiQations FY 2008-2009 Annual Cost $2,500 2,500.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 2 500.00 VENDOR COPY - ------nr--r CITY OF ASHLAND REQUISITION FORM Date of Request: I 06/23/08 THIS REQUEST IS A: D Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name City of Central Point/SO HiOh Tech Crimes Task Force 155 S Second St Central Point OR 97502 541.423.1315 541.t)t)4.;:RSl ~ SgI J~I. MOul;.. SOLICITATION PROCESS Small Procurement o Less than $5,000 o Quotes (Not required) Sole Source o Written findings attached Reauest for Prooosal (Copies on file) Soeciall ExemDt Written findings attached Emeraencv Written findings attached Invitation to Bid (Copies on file) Intermediate Procurement o (3) Written Quotes (Copies attached) Coooerative Procurement D State of OR/WA contract D Other government agency contract D Copy of contract attached D Contract # Description of SI!RVlC1!8 o Per attached PROPOSAL Investigation of technical crimes Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number,_ _ _ _ _ _ - _ __ D Per attached QUOTE Account Number 110.06.09.00.604160 .. Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. By signing this requisition form, I certi t the information provided above meets the City of Ashland public contracting requirements, and the documentation e vided upo requ t. A<<"J ., I./~ SupervisorlDept. Head Signature: -fWV'V ~ tt:-~ ~ Updated on: 6/23/2008 Employee Sign G: Finance\Procedure\AP\Forms\8_Requisition fann revised. doc