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Home My WebLink AboutR-2024-089 Resolution authorizing a Memorandum of Understanding between the City of Yakima Police Department, the Yakima School District and the Educational Services District 105 for purpose of implementing a"Handle with Care" program RESOLUTION NO. R-2024-089 A RESOLUTION approving a Memorandum of Understanding between the City of Yakima Police Department, the Yakima School District and the Educational Services District 105 for the purpose of implementing a "Handle with Care" program. WHEREAS, the Yakima Police Department provides public safety services to victims/clients and to the community; and WHEREAS, the Yakima Police Department acts as a liaison between partners and other law enforcement agencies; and WHEREAS, each party continues to maintain its own legal and ethical obligations to honor victims; and students' confidentiality and privacy; or depending on the agency, legal obligations to share information; and WHEREAS, the consent to sharing of information between the City of Yakima Police Department, Educational Services District 105 and Yakima School District regarding affected students to facilitate the offering of services; and; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Memorandum of Understanding between the City of Yakima Police Department, Yakima School District and the Educational Service District 105, for information sharing is approved, and the interim City Manager and the Chief of Police of the Yakima Police Department are authorized and directed to sign the attached Memorandum of Understanding between the City of Yakima Police Department. Yakima School District, and the Educational Services District 105. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024. iPK;^�q\\_ Patricia Byers, yor 4 ATTEST: *� s* SEAL. I I I * 1, ` •salinda Ibarra, City Clerk Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department I. Purpose and Parties The purpose of this Agreement is to formalize a partnership between the Yakima School District. ESD 105, and the Yakima Police Department, for the purpose of implementing a `Handle with Care" program, define roles and confidentiality obligations The parties have a shared goal of improving the response for students who have recently experienced trauma to improve learning and health outcomes The partners agree to the following. • Victim and student safety can be compromised by the failure to maintain the confidentiality of client information • Information sharing may increase the effectiveness of service delivery. • Any information that is shared will be strictly on a need-to-know basis. • Each party continues to maintain its own legal and ethical obligations to honor victims' and student's confidentiality and privacy; or depending on the agency. legal obligations to share information. • The victims and students who use the services offered retain their right to confidentiality • Victims and students, who use the services offered, determine when and how their information will be shared, consistent with the requirements of law. • Releases of information should enhance services provided to the victims and students, and not be used solely for the purpose of easing the program's administration II. Duration The Duration of this Agreement shall be from January 1, 2024 through January 31, 2027. Ill. Partner Roles, Responsibilities, Information Sharing, and Confidentiality Obligations - ESD 105 Roles and Responsibilities • Share information as appropriate with other schools under the ESD Umbrella • Provide confidential support and counseling services to children who have recently been exposed to trauma for the purpose of maintaining or improving levels of academic achievement. • Educate employees on Adverse Childhood Experiences (ACES) and domestic violence issues. Page 1 of 7; HWC Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department • Update partners on emerging issues/research regarding children living in households with domestic violence. Confidentiality Obligations• • Recognize that partners have different levels of confidentiality obligations in regard to victim/client/student information and the sharing of that information. • Preserve the anonymity of student identities, including assurances that identifiable student data is not released to third parties • When applicable, protect against unauthorized access to and/or disclosure of student health information or data, as outlined in the Health Insurance Portability and Accountability Act. • The partner has strict confidentiality obligations When necessary to comply with FERPA. the partner shall procure the consent of parents or eligible students for the release and use of the data and shall maintain and make written proof of the parent or student consent available to the district The district recognizes that prior written consent by the juvenile's parent/guardian is permissible to share student information. Consent forms must be compliant with FERPA or, in the case of requests for health information, HIPPA. The consent form must specify the records/information that may be disclosed, the purpose of disclosure, and state to whom the disclosures will be made - Yakima School District(YSD) Roles and Responsibilities • Share information with ESD 105 for children who are on the Yakima Police Department Handle with Care notification who are not Yakima School District students. • Preserve records as required by law. Confidentiality Obligations: • Recognize that partners have different levels of confidentiality obligations in regard to victim/client/student information and the sharing of that information. • Preserve the anonymity of student identities, including assurances that identifiable student data is not released to third parties • When applicable, protect against unauthorized access to and/or disclosure of student health information or data, as outlined in the Health Insurance Portability and Accountability Act. • The partner has strict confidentiality obligations. When necessary to comply with FERPA, the partner shall procure the consent of parents or eligible students for the release and use of the data and shall maintain and make written proof of the parent or student consent Page 2 of 7: HWC Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department available to the district The district recognizes that prior written consent by the juvenile's parent/guardian is permissible to share student information Consent forms must be compliant with FERPA or, in the case of requests for health information, HIPPA The consent form must specify the records/information that may be disclosed, the purpose of disclosure, and state to whom the disclosures will be made - Yakima Police Department Roles and Responsibilities: • Provide public safety services to victims/clients and to the community. • Provide case status information to the victim/clients and the partners, as appropriate. • Identify and work to resolve problems that may impede victims' access to resources in the social services network, civil and criminal justice system, and other systems. • Educate other partners on law enforcement policies and practices • Update partners on emerging criminal justice issues • Act as a liaison between the partners and other law enforcement agencies. • Consent to the sharing of information between ESD 105 and YSD regarding affected students to facilitate the offering of services. Confidentiality Obligations. • Recognize that other partners may have different levels of confidentiality in regard to victim/client information and that some partners must decline to share information about a specific victim/client because of a legal obligation to protect victim/client privacy and confidentiality. • Notify victim/clients of their rights and of any other people or professionals, including victim witness assistants, with whom you must share their personally identifying information. • Refer victim/clients to the local domestic violence/sexual assault advocates for confidential counseling, advocacy, and support services. • Honor victim/client privacy to the extent permitted by law IV. Confidentiality Agreement Between the Parties The exchange of information between the parties will be governed by the provisions of federal and state regulations governing confidentiality Each member of this partnership agrees that information shared will remain confidential and may only be used for those purposes authorized by law and will ensure that any employee working on the "Handle with Care" program has been trained on the importance of confidentiality and terms of this Agreement Page 3 of 7; HWC Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department V. Security The parties to this Agreement shall take reasonable security precautions and protections to ensure that persons not authorized to view protected information or data do not gain access to said information/data VI. Liability, Hold Harmless and Indemnification 1. It is understood and agreed that each member of this partnership, its agents, officers, officials and employees, and insureds do not, by virtue of this Agreement, assume any responsibility or liability for the actions of another agency's team member 2. Each party hereto shall be responsible and assume liability for its own wrongful or negligent acts or omissions, of its employees and agents to the fullest extent required by law, and shall save, indemnify, defend and hold harmless all other parties. officials, and employees from such liability In the case of negligence of more than one party to this Agreement, any damages shall be in proportion to the percentage of negligence attributed to each party, and each party shall have the right to contribution from the other party in proportion to the percentage of negligence attributed to the other party. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party The provisions of this section shall survive the termination or expiration of this Agreement. This clause is subject to the limitations of Washington State Law VII.Insurance 1. At all times during performance the parties will secure and/or maintain in effect insurance to protect against all claims. damages, losses, and expenses arising out of the partnership activities. Self-insurance in the amount listed below will satisfy this section. The parties agree to maintain in force insurance in limits no less than stated below, as applicable. A. General Commercial Liability Insurance. Liability insurance and umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate Said policy shall be in effect for the duration of this Partnership. B Professional Liability Coverage. Professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2.000,000.00) aggregate Said policy shall be in effect for the duration of this partnership. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this partnership Page 4 of 7: I1WC Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department 2 Under each insurance requirement listed in this Section 1, if purchased from a third party, the insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. VIII. Withdrawal from Partnership Responsibilities agreed to in this Agreement may not be assigned to another party without consent by the other partners and any party may withdraw from the partnership by providing 30 days written notice to the partners. IX. Miscellaneous Any provision of this Agreement that imposes an obligation that continues after termination or expiration of this Agreement shall survive the term or expiration of the Agreement and shall be binding on the parties to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. X. Municipal Authorizations and Approval by Legislative Authority By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. The signor also certifies that the legislative authority of his or her respective employer (the City Council) has approved the Agreement by Resolution This is to comply with the Washington Interlocal Cooperation Act, RCW 39 34 030(2) which states in part. "(2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force " Xl. Electronic Signatures Signatures and copies of signatures on this Agreement transmitted through e-mail, facsimile, or other electronic means shall have the same effect as original signatures XII. Filing Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source THIS AGREEMENT is executed by the persons signing below, who warrant that they have the authority to execute this Agreement. Pai2c 5 of 7: HW'C Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department ict 105 ev n Chase Superintendent Date: STATE OF WASHINGTON COUNTY OF YAKIMA ss. I certify that I know or have satisfactory evidence that Kevin Chase is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Superintendent of ESD105, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 4//OO' ®,111 P lfir; sRA A EXP 459. Olt Yakima Dr. Trevor Gr Superinten ent Date: STATE OF WASHINGTON COUNTY OF YAKIMA n Printed Name My commission expires. C(7`c9096 ss. I certify that I know or have satisfactory evidence that Dr. Trevor Greene is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Superintendent for the Yakima School District, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: —) — 20 2 1-4 Page 6 of 7; HWC Expansion to ESD 105 Handle with Care Program Agreement between the Yakima School District, ESD 105 and Yakima Police Department •+Oa�ZTE pFAti, it i7..4Ns ` � >I'L C1 Y10nc(cs -FLV GC'Li _ -te ? Title • a O f`-�4--'4 N__Um iLi Su ,C8Z s ' to i 0 a Printed Name+° „ �, r ,,ma Ci6V15ie'0ar y �F. N`�°+WAS • My commission expires 9'/�/2UZS City of Yakima (Police Department) i)--r0,0% ; C '/ CITY CONTRACT NO* 202 4 —02 0 Dave Za RESOLUTION NO: l'e—2 02y'0 S9 Yakima City Manager Date 'l4 q1 ?-I' . P KI I"4q� -- N. Attest; �� N ♦ o*� 11 O2iu1 p Ohci/e1A--/ : ; (SEAL) Rosalinda Ibarra. City Clerk l� w* - ►,♦ Contract Number AA✓bp I111,7gSNING-,0`=+ Resolution Number: R,-90 —Di STATE OF WASHINGTON ) ss COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before me. and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the City Manager for the City of Yakima. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ) 131.) ‘0111I I I I II/op JC�"_ " " e.....4 4i \;.,•,,,„.1,s V•..., \ SSION F •C s (Signaturree) U N0T,4RY Sv,'•.. ..••_:- NO.107265 s E Title •.. 'PUBLIC - a[i-zo R . Pri/ c anted Name / ''',r,•, 4111100WASO xxxx My commission expires. VI l 1 -aor?-5 Page 7 of 7; HWC Expansion to ESD 105 1 .4. !% a, ga BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: May 7, 2024 ITEM TITLE: Resolution authorizing a Memorandum of Understanding between the City of Yakima Police Department, the Yakima School District and the Educational Services District 105 for purpose of implementing a"Handle with Care" program SUBMITTED BY: *Chad Janis, Police Lieutenant Matt Murray, Chief of Police SUMMARY EXPLANATION: The Memorandum of Understanding between the City of Yakima Police Department, Yakima School District and the Educational Service District 105 for the purpose of implementing a "Handle with Care" program and share information to increase the effectiveness of service delivery to students and victims. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ 4/30/2024 ❑ 4/24/2024