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HomeMy WebLinkAbout06/18/2024 07.J. Resolution authorizing a Memorandum of Understanding with Merryman House Domestic Violence Center (LAP Coordinator) to implement the Domestic Violence Lethality Assessment Program 2.0 - Maryland Model multi-jurisdiction subscription < `y 1ljlt 14:4"'',, V-JN.07, s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.J. For Meeting of: June 18, 2024 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with Merryman House Domestic Violence Center(LAP Coordinator) to implement the Domestic Violence Lethality Assessment Program 2.0 - Maryland Model multi-jurisdiction subscription SUBMITTED BY: *Cynthia Martinez, Senior Assistant City Attorney Chad Janis, Lieutenant, Yakima Police Department SUMMARY EXPLANATION: The Yakima Police Department in 2021 implemented a lethality assessment tool modeled after the Maryland Lethality Assessment Program (LAP) to prioritize services for domestic violence victims. This effort was part of a Yakima County-wide protocol to standardize domestic violence investigations. The Department of Commerce has consented to the reallocation of unspent grant funds to purchase a subscription to the Maryland Lethality Assessment Program, a program that will allow the upgrade of Lethality Assessment tool, provide training on the tool, analysis of data, and allow the City of Yakima to train other jurisdictions in Yakima County or other jurisdictions as approved by the Merryman House Domestic Violence Center(LAP Coordinator). The Yakima Police Department plans to use STOP grant funds to pay for the following two years of the subscription. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Res-Merryman House Domestic Violence Center(LAP)_MOU.docx MULTI Jurisdiction LAP MOU 58 RESOLUTION NO. R-2024- A RESOLUTION authorizing a Memorandum of Understanding with Merryman House Domestic Violence Center (LAP Coordinator) to implement the Domestic Violence Lethality Assessment Program 2.0 — Maryland Model multi- jurisdiction subscription. WHEREAS, the City of Yakima (hereinafter "City") has been facilitating a City of Yakima Domestic Violence Coalition (Coalition) and a Coordinated Community Response Team (City CCRT) with the purpose of improving the community and criminal justice system response to domestic violence; and WHEREAS, the City, with the support of the YWCA Yakima, received a Commerce Department, Community Service Division, Office of Crime Victims Advocacy, Violence Against Women grant to fund the implementation of DV High Risk Teams to better support high risk domestic violence victims and high-risk offender accountability; and WHEREAS, the Yakima Police Department in 2021 implemented a lethality assessment tool modeled after the Maryland Lethality Assessment Program (LAP) to prioritize services for domestic violence victims. This effort was part of a Yakima County-wide protocol to standardize domestic violence investigations; and WHEREAS, the Department of Commerce has consented to the reallocation of unspent grant funds to purchase a subscription to the Maryland Lethality Assessment Program, a program that will allow the upgrade of Lethality Assessment tool, provide training on the tool, analysis of data, and allow the City of Yakima to train other jurisdictions in Yakima County or other jurisdictions as approved by Merryman House Domestic Violence Center (LAP Coordinator); and WHEREAS, the City Council finds that it is in the best interest of the City and its residents to approve and enter into a Memorandum of Understanding between Merryman House Domestic Violence Center (LAP Coordinator) and the Coordinating Agency (The City of Yakima), for implementing the Lethality Assessment Program 2.0 — Maryland Model multi-jurisdiction subscription; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interim City Manager is hereby authorized to sign the attached Memorandum of Understanding with the Merryman House Domestic Violence Center (LAP Coordinator) for implementing the Lethality Assessment Program 2.0 — Maryland Model multi-jurisdiction subscription. ADOPTED BY THE CITY COUNCIL this 18th day of June, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 59 MEMORNDAUM OF UNDERSTANDING BETWEEN MARYLAND NETWORK AGAINST DOMESTIC VIOLENCE AND THE CITY OF YAKIMA FOR LETHALITY ASSESSMENT PROGRAM (LAP 2.0) MARYLAND MODEL PURPOSE. The purpose of this Memorandum of Understanding (MOU) is to establish a working agreement between MARYLAND NETWORK AGAINST DOMESTIC VIOLENCE (LAP Coordinator), and the City of Yakima . And to establish guidelines for implementing the Lethality Assessment Program 2.0— Maryland Model multi-jurisdiction subscription. AGREEMENT. The parties to this MOU agree to the following: 1. The Domestic Violence Service Program, Maryland Network Against Domestic Violence, and the YAKIMA PD will work together to implement the Lethality Assessment Program 2.0 — Maryland Model and provide domestic violence services to victims. a. The COORDINATING AGENCY agrees to: i. Appoint a designated Team Coordinator to support the LAP partnership between the Domestic Violence Service Program(s), the Law Enforcement Agenc(ies), and the CONTRACTING AGENCY. ii. Commit to disseminating pertinent LAP information provided by CONTRACTING AGENCY to participating LAP partners. iii. Request LAP partners to upload required LAP data/screens, including, if possible, to Forseti's H.A.R.T database, in a timely manner. CONTRACTING AGENCY understands that COORDINATING AGENCY does not have supervisory authority over Domestic Violence Services Programs in any jurisdiction. iv. Sign the End User Agreement associated with LAP 2.0 program database. v. Be available to meet regularly with the Domestic Violence Service Programs, Law Enforcement Agencies, and other LAP partners to share information about trends in domestic violence, programmatic changes, further needs for victims, etc. vi. Provide/oversee ongoing LAP training to LAP partner agencies and/or coordinate with CONTRACTING AGENCY if training needs exceed the capacity of the agency. vii. Use LAP model "as is" including utilizing the OVW-approved train- the-trainer curriculum and lethality screen tool. viii. Participate in LAP meetings when offered by CONTRACTING AGENCY, for the purpose of bringing back pertinent statewide information to the local team. ix. Coordinate quarterly LAP meetings for local LAP jurisdictions for the purpose of sharing positive feedback about the LAP process and specific implementers, troubleshooting any process or system issues before they become habits, and sharing information about related issues (e.g., risk factors, predominant aggressor, and sharing trends in process or data). 1 60 x. The COORDINATING AGENCY will not train any agency outside the jurisdiction assigned in the agreement, nor present LAP curriculum, training, or LAP tool to any agency outside the jurisdiction or not any unapproved program. xi. The COORDINATING AGENCY will be permitted to train additional law enforcement within their jurisdiction, these programs are limited to three (3) external programs (hospitals, state department such as DSS, DHS, mental health programs, etc.) with a Domestic Violence program and Law Enforcement program that services the same jurisdiction. xii. The COORDINATING AGENCY will have a working MOU signed by both Law Enforcement and Domestic Violence program provided by MNADV. b. CONTRACTING AGENCY (MNADV) agrees to: i. Provide initial train the trainer training to LAP training coordinators regarding LAP 2.0 curriculum and associated materials. ii. Provide access to approved LAP materials through the LAP e- learning platform. iii. Provide access to Forseti software and related implementation services, for both the COORDINATING AGENCY and all Yakima County and/or approved LAP jurisdictions. iv. Provide any updated or new LAP materials pertinent to LAP implementation to COORDINATING AGENCY with permission for COORDINATING AGENCY to use and disseminate said materials to trained LAP sites within Yakima County or approved areas. v. Inform COORDINATING AGENCY of any jurisdiction requesting training and technical assistance, the CONTRACING AGENCY will refer any request to the COORDINATING AGENCY. vi. CONTRACTING AGENCY will not train any jurisdictions in LAP curriculum without COORDINATING AGENCY coordinating and facilitating the training. vii. Use a modified application process for any COORDINATING AGENCY jurisdictions that COORDINATING AGENCY asks for CONTRACTING AGENCY's assistance in training. viii. Provide Technical Assistance for the coordination of the LAP in assigned jurisdiction. ix. Provide timely feedback to Technical Assistance requests from COORDINATING AGENCY. x. Provide all information collected pertaining to assigned jurisdiction implementers (for example, surveys, annual reports, etc.) to COORDINATING AGENCY. xi. The COORDINATING AGENCY will not disseminate or alter CONTRACTING AGENCY'S supplemental materials without permission. 2. The Domestic Violence Service Program, the Law Enforcement Agency, and the COORDINATING AGENCY affirm the importance of providing victims with options for confidential services and support. All services provided by the Domestic Violence Service Program to the victim will be kept confidential except in the following 2 61 circumstance. If the victim consents to information shared with the Law Enforcement Agency and the COORDINATING AGENCY, then the Domestic Violence Service Program will obtain informed consent for the release of the information. When releases of information are required, they will be written, informed, and reasonably time limited. 3. At all times, the Domestic Violence Service Program, the Law Enforcement Agency, and the COORDINATING AGENCY will conduct their interactions in a professional, collegial and respectful manner. Problems or issues relating to this agreement or interaction between the party agencies and/or their officers will be addressed expediently, at an appropriate level of supervision. 4. No party shall have the power or authority to create any obligation on behalf of the other, either expressed or implied. No party is responsible for the manner in which the other party conducts its operations and the parties' officers, agents, and representatives shall not be construed as employees, agents, or representatives of the other parties for any purpose. 5. The parties to this Agreement hereby acknowledge that the acts performed in furtherance of this Agreement by officers, agents, or employees shall be deemed conclusively for a public and governmental purpose and all of the immunities from liability enjoyed by the parties when acting through their officers, agents or employees for a public or governmental purpose within their respective jurisdiction shall be enjoyed by the parties. 6. This Agreement will be reviewed by the CONTRACTING AGENCY and the COORDINATING AGENCY biennially during the month of January. Changes may be made at any time upon mutual agreement by the CONTRACTING AGENCY and the COORDINATING AGENCY. 7. If any provision of this Agreement shall be deemed invalid by a court of competent jurisdiction, the remainder of this Agreement, to the extent practicable, shall remain in full force and effect. 8. Any party to this Agreement shall have the right to terminate it by providing 30 days written notice to the other. 9. The parties hereto agree that all covenants, stipulations, promises, agreements, and provisions of this Agreement shall apply to bind and be obligatory upon the parties hereto. 10. This Agreement is executed in two counterparts, each one of which shall be deemed an original for each party. 11. STANDARD OF CARE. When performing services under this Agreement, the CONTRACTING AGENCY shall exercise the standard of care and diligence that a professional provider of its services would observe in those affairs. The CONTRACTING AGENCY shall promptly correct any defect or deficiency in the services rendered at no additional cost to the COORDINATING AGENCY. 12. COMPENSATION. 3 62 a. Upon receipt of an invoice from the CONTRACTING AGENCY, COORDINATING AGENCY shall pay to the CONTRACTING AGENCY a flat rate of$5,000 annually. 13. TERM. This agreement will become effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature). If this Agreement is not terminated (see TERMINATION OF AGREEMENT), it shall automatically expire five (5) years from the effective date. The term of this Agreement may be extended by means of a contract amendment signed by the COORDINATING AGENCY and the CONTRACTING AGENCY. 14. TERMINATION OF AGREEMENT. a. For any reason or for no reason, the COORDINATING AGENCY and the CONTRACTING AGENCY may terminate this Agreement on 30 days' written notice. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first below written. CITY OF YAKIMA MNADV (Executive Director) By: By: )/-OA Dave Zabel!, Interim City Manager Jennifer Pollitt Hill, Executive Director Date: Date: 6/12/2024 Attest: Rosalinda Ibarra, City Clerk City Resolution No. City Contract No. 4 63 STATE OF MARYLAND ) ) ss. County of ) I certify that I know or have satisfactory evidence that Jennifer Pollitt Hill, Executive Director of Merryman House Domestic Violence Center (LAP Coordinator), signed this instrument, and on oath stated that she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public for the State of Maryland Residing at: Appointment Expires STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Dave Zabell signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it, as the Interim City Manager of the City of Yakima, Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: By: Notary Public for the State of Washington Residing at: Appointment Expires Approved as to form and legal sufficiency. this day of , 2024. Sara Watkins, City Attorney 5 64