HomeMy WebLinkAbout08/05/2024 09.A. Resolution approving a Memorandum of Understanding between the City of Yakima Police Department, Jordan Detection K9 and Operation Underground Railroad for the purpose of implementing a "Electronic Storage Detection" (ESD) canine program i4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.A.
For Meeting of: August 5, 2024
ITEM TITLE: Resolution approving a Memorandum of Understanding between the
City of Yakima Police Department, Jordan Detection K9 and
Operation Underground Railroad for the purpose of implementing a
"Electronic Storage Detection" (ESD) canine program
SUBMITTED BY: *Ryan Yates, Yakima Police Sergeant
Chad Janis, Yakima Police Lieutenant
SUMMARY EXPLANATION:
This resolution for Memorandum of Understanding between the City of Yakima Police Department,
Jordan Detection K9 and Operation Underground Railroad for the purpose of implementing a "Electronic
Storage Detection" (ESD) canine program. This K9 will be used to detect hidden electronic devices such
as hard drives, cell phones, and memory cards which often contain crucial evidence like illegal materials
and child pornography. This capability will significantly enhance the department's efficiency and success
in executing search warrants, ensuring that no stone is left unturned in an investigation.
Additionally, the ESD canine can offer reassurance to domestic violence survivors by checking their
vehicles for tracking devices planted by abusers, thus providing them with peace of mind and safety.
Beyond its investigative prowess, the ESD canine will serve a vital role in providing emotional support to
victims and witnesses. Trained to comfort individuals recounting their trauma, this canine will be an
invaluable companion during interviews, especially for children. The presence of a comforting animal can
significantly ease the emotional burden on victims, facilitating more effective and compassionate
interactions during these critical moments.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Public Safety
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
ESD Signed Memo
Resolution No. R-2024-.docx
Yakima City PD ESD K9 MOU.pdf
Presentation_Electronic Storage Detection K9
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City of Yakima : :
200 S. 3rd Street fjI
n 98901 'Police De artment Yakima, Washmgto f/
PI 1
Shawn Boyle, Interim Chief of Police Telephone(509)575-6200 Fax (509)575-6007 4""
le
To: Yakima City Council and City Manager _
do: Chief of Police Shawn Boyle
From: Lieutenant Chad Janis
Date: July 16,2024
Subject: Yakima Police Electronic Storage Detection(ESD)Canine
Greetings,
During the spring of 2024,detectives from the Yakima Police Department's Special Assault Unit proposed an
innovative addition to our team:An Electronic Storage Detection(ESD)canine.Unlike any canine we have
previously had,this unique addition would not only enhance our investigative capabilities but also provide
critical support to victims of crime in our community.
Historically,the Yakima Police Department's canines have been assigned to the Patrol Division. However,this
new ESD canine would be placed in the Criminal Investigative Division,specifically within the Special Assault
Unit.The ESD canine is specially trained to detect hidden electronic devices,such as hard drives,cell phones,
and memory cards,which often contain crucial evidence like illegal materials and child pornography. This
capability will significantly enhance our efficiency and success in executing search warrants,ensuring that we
leave no stone unturned in our investigations.Additionally,the ESD canine can offer reassurance to domestic
violence survivors by checking their vehicles for tracking devices planted by abusers,thus providing them with
peace of mind and safety.
Beyond its investigative prowess,the ESD canine will serve a vital role in providing emotional support to
victims and witnesses.Trained to comfort individuals recounting their trauma,this canine will be an invaluable
companion during interviews,especially for children.The presence of a comforting animal can significantly
ease the emotional burden on victims,facilitating more effective and compassionate interactions during these
critical moments.
We are proud to announce that Operation Underground Railroad has generously agreed to fund the acquisition
and training of the ESD canine.Moreover,the Yakima K9 Foundation has committed to supporting the long-
term maintenance of the canine,ensuring its continued service to the Yakima Police Department and our
community.
We are also pleased to inform you that a detective will be traveling to Indiana in November 2024 to undergo the
specialized training required for working with the ESD canine.This investment in our team's capabilities
underscores our commitment to innovation and excellence in serving and protecting our community.
A memorandum of understanding has been drafted and agreed upon by all parties and is now awaiting Council
approval. This pioneering initiative,named the Yakima Police Electronic Storage Detection(ESD)Canine
Program,promises to set a new standard in both investigative excellence and victim support.
Thank you for your consideration of this groundbreaking initiative.
Chief of Polic
City Manager
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RESOLUTION NO. R-2024-
A RESOLUTION approving a Memorandum of Understanding between the City of Yakima
Police Department, Jordan Detection K9 and Operation Underground
Railroad for the purpose of implementing a"Electronics Storage Detection"
(ESD) canine program.
WHEREAS, the Yakima Police Department provides public safety services to the
community; and
WHEREAS, Operation Underground Railroad and Jordan Detection K9 have offered to
purchase and conduct the initial training for an Electronics Storage Detection canine ("ESD K9")
to be used in human trafficking and related cases; and
WHEREAS, the City of Yakima investigates cases involving human trafficking, possible
human trafficking, and related crimes, and could benefit from an ESD K9 working on these cases;
and
WHEREAS, the Yakima Police Department acts as a liaison between community-based
partners, non-profits and other law enforcement agencies; and
WHEREAS, each party continues to maintain its own legal and ethical obligations to honor
confidentiality and privacy; or depending on the agency, legal obligations to share information;
and
WHEREAS, Operation Underground Railroad and Jordan Detection K9 agree to provide
an ESD K9 and initial and ongoing training for the ESD K9 and its handler under the terms and
conditions of the MOU, and the City of Yakima and its police department agree to accept the ESD
K9 under the terms and conditions of the MOU; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to enter into the MOU with Operation Underground Railroad and Jordan
Detection K9 for an ESD K9 and training; 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,
Jordan Detection K9 and Operation Underground Railroad is approved, and the City Manager and
the Chief of Police of the Yakima Police Department are authorized and directed to sign the
attached Memorandum of Understanding and associated documents between the City of Yakima,
Jordan Detection K9, and Operation Underground Railroad.
ADOPTED BY THE CITY COUNCIL this 6th day of August, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk 80
MEMORANDUM OF UNDERSTANDING
OUR RESCUE, INC.
AND
Yakima City Police Department, Washington State
WHEREAS—The City of Yakima, through the Yakima City Police Department,
located in Washington State and OUR Rescue (O.U.R.) (collectively"Parties" and each
individually a "Party") work to address human trafficking and similar crimes occurring in
Washington State; and
WHEREAS O.U.R. is a 501(c)(3) not-for-profit organization with the,mission of rescuing
children from slavery and delivering them to safe havens that offer freedom and rehabilitation.
O.U.R. uses technology and human intelligence to send its rescue teams to areas of the world
to help local law enforcement liberate enslaved children and dismantle criminal networks; and
WHEREAS the Parties agree to work collaboratively pursuant to the terms of this
Memorandum of Understanding ("MOU")which sets forth the roles and responsibilities of each
Party;
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performances contained herein, it is mutually agreed as follows:
1. ESD K9. O.U.R. agrees to provide the following to the City of Yakima, Yakima
Police Department, under the terms and conditions of this MOU:
A. One Electronic Storage Detection ("ESD") canine ("K9");
B. The cost of the initial certification fees for the K9 handler and ESD K9;
C. The costs associated with travel to and from the City of Yakima to the training
facility, lodging, and mileage or rental vehicle charges, for the two-week initial
certification course. Wages for the K9 handler and per-diem/meal costs are
to be paid by the City of Yakima;
D. ESD K9 gear and equipment for the initial certification, approved by O.U.R.
as follows; leash, utility type strap/vest, chew toys, and bowls; and
E. Annual recertification fees for the ESD K9 through the service lifetime of the
ESD K9. This does not include any costs or fees associated with
recertification of the ESD K9 handler.
The City of Yakima, Yakima Police Department agrees, under the terms and conditions of this
MOU;
A. To use the K9 work primarily to address human trafficking and similar crimes
occurring in Washington State; and
B. To comply with the training and certification requirements set forth in the
Jordan Detection K9 Award Application attached hereto as Exhibit A.
2. Disclosure of Outcome and Use of Funding. O.U.R. is fully sustained
by donors who generously give to help save children from being victimized by sexual predators
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and to identify, rescue and heal those who have fallen prey to human trafficking. O.U.R. donors
deserve to be informed regarding how their donations equate to the "measurables" necessary to
combat child exploitation. The receiving party's agreement to receive this support will also entail
providing O.U.R. with (i) basic statistics related to survivors helped, suspects arrested and
victims identified or (ii) impact statements detailing how the donation has improved or impacted
your work to fight exploitation and aid survivors. O.U.R will utilize any reports to show donors
how their donations resulted in positive outcomes for victims of human trafficking/child
exploitation. Information provided by the receiving party will not be released without the
receiving party's written consent.
3. Financial Records. The receiving party shall keep or cause to be kept such
records as are required to determine, in a manner consistent with generally accepted
accounting principles in the United States, how the funds paid to the receiving party under the
MOU were spent. At the request and at the expense of O.U.R., the receiving party will permit an
independent certified public accountant or comparable appointed by O.U.R. and reasonably
acceptable to the receiving party, at reasonable times, but not more than once a quarter, and
upon reasonable notice, to examine only those records as may be necessary to determine the
use of funds provided by O.U.R. under this MOU.
4. Confidential Information. In connection with the above services, the parties
may exchange certain confidential information with each other. The term "Confidential
Information"shall mean the any ideas, strategies, contacts, programs, materials, concepts,
know-how, data, documentation, processes, books, logs, records, reports, etc. which may be
furnished or disclosed to the receiving Party by, or acquired by the receiving Party directly or
indirectly from the disclosing Party, including as a result of any verbal disclosure, written
disclosure, electronic disclosure or inspection of any facility of a Party and which the disclosing
Party identifies as confidential at the time of disclosure. For purposes of this MOU, Confidential
Information shall not include, and the obligations herein shall not apply to, information that: (a)
was legally in the public domain prior to the time of disclosure to the receiving Party, (b) is now
or subsequently becomes generally available to the public through no fault of receiving Party;
(c) receiving Party can demonstrate was rightfully in its possession prior to disclosure to
receiving Party by the disclosing Party; (d) receiving Party rightfully obtains from a third party
who has the right, without obligation to disclosing Party, to transfer or disclose such information;
or (e) is required by law, regulation, rule, act, or order of any governmental authority or agency
to be disclosed by the receiving Party.
5. Use of Confidential Information. Except as otherwise specifically set forth
herein, the receiving Party agrees not to use any Confidential Information except as authorized
in writing by the disclosing Party. However, OUR acknowledges and agrees that the receiving
Party is subject to the Public Records Act, Chapter 42.56 RCW, and all documents and records
associated with this MOU are subject to the Public Records Act and may be disclosed if
requested.
6. Ownership of Confidential Information. The receiving Party acknowledges that
the Confidential Information is and shall continue to be the exclusive property of the disclosing
Party,whether or not disclosed or entrusted to the receiving Party pursuant to this MOU. All
documents and other tangible objects containing or representing Confidential Information and all
copies thereof which are in the possession of receiving Party shall be and remain the property
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of disclosing Party and shall be promptly returned to disclosing Party upon disclosing Party's
request.
7. Audits and Records.
A. Records relating to the services and obligations arising under this MOU shall at
all times be subject to inspection by any Party hereto, but the making of, or failure of or
delay in making such inspection or approval shall not relieve a Party of responsibility for
performance of this MOU in accordance hereto, notwithstanding the Party's knowledge
of defective or non-complying performance, its substantiality or the ease of its discovery.
Parties shall provide each other sufficient, safe and proper facilities, and/or send copies
of the requested documents to the requesting Party.
B. A Party shall promptly furnish to the other Party such information and records
which are related to this MOU as may be requested by a Party. Until the expiration of
six (6) years after the terms of this MOU have ended, the termination date of this MOU,
or for a longer period if required by law or by the Washington State Secretary of State's
records retention schedule, each Party shall retain and provide the other Party access to
(and the Party shall have the right to examine, audit and copy)all of the other Party's
books, documents, papers and records which are related to this MOU. If any litigation,
claims, or audit findings involving the records is started before the expiration of the
required retention period, the records shall be retained until all litigation, claim or audit
findings involving the records is resolved.
C. All records relating to the obligations under this MOU must be produced to third
parties, if required, pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law or court order.
8. Amendment. No provisions of this MOU may be modified, waived, or discharged
unless such waiver, modification, or discharge is agreed to in writing and signed by both
parties.
9. Independent Contractors» The relationship of the parties established by this
MOU is that of independent contractors, and nothing contained in this MOU shall be construed
to (I)give either Party the power to direct and control the day-to-day activities of the other,
(ii) constitute the parties as partners,joint venturers, co-owners or otherwise as participants in a
joint undertaking or(iii) allow either Party to create or assume any obligation on behalf of the
other Party for any purpose whatsoever.
10. Nonexclusive Relationship. The relationship of the Parties is nonexclusive. The
Parties are free to engage in relationships relating to the purpose of this MOU or otherwise with
other private, public,for-profit, or not-for-profit entities.
11. Compliance with Applicable Law; Governing Law; Venue. Each Party will
comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities
bearing on performance of services described herein. This MOU and all acts and transactions
pursuant hereto and the rights and obligations of the parties hereto shall be governed,
construed, and interpreted in accordance with the laws of the State of Washington, without
giving effect to principles of conflicts of law. Each of the parties to this MOU consents to the
exclusive jurisdiction and venue of the courts of the state and federal courts of Washington.
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12. Dispute Resolution. If there is a dispute regarding the terms and conditions of
this MOU, the Parties should make good faith efforts to quickly and collaboratively resolve such
dispute. Informal resolution through notice to the representatives of each Party should be
attempted before filing a lawsuit in a court of law. The Parties may also attempt alternative
dispute resolution upon mutual agreement.
13. Termination. Either Party may terminate this MOU upon seven (7) days'written
notice with or without cause. The following provisions shall survive any expiration or termination
of this MOU: Sections 1 through 7, 9, 10, 11, 13, 14 and 20. Upon termination, the ESQ K9 and
all associated provided equipment shall be the property of the City of Yakima.
14. Entire Agreement. This MOU constitutes the complete,final, and exclusive
embodiment of the entire agreement between the parties regarding this subject matter. It is
entered into without reliance on any promise or representation, written or oral, other than those
expressly contained herein, and it supersedes any other such promises, warranties, or
representations.
15. Counterparts. This MOU may be executed in counterparts and in any format,
including facsimile versions or electronically delivered versions thereof, each of which will be
deemed to be an original and shall fully bind each Party who has executed it, but all such
counterparts together shall constitute one and the same agreement.
16. Severability. Should any clause, phrase, sentence or paragraph of this MOU or
its application be declared invalid or void by a court of competent jurisdiction, the remaining
provisions of this MOU or its application of those provisions not so declared shall remain in full
force and effect.
17. Waiver. Failure by either Party to enforce any provision of this MOU shall not be
deemed a waiver of that provision. Waiver of any right or power arising out of this MOU will not
be deemed a waiver of any other right or power.
18, No Third-Party Beneficiary. This MOU is executed for the sole and exclusive
benefit of the signatory parties. Nothing in this MOU, whether expressed or implied, is intended
to confer any right, remedy or other entitlement upon any person or entity other than the parties
hereto, nor is anything in this MOU intended to relieve or discharge the obligation or liability of
any third party, nor shall any provision herein give any third-party any right of action against any
Party hereto.
19. K9 Agreement. The receiving LEA shall not deviate from the training and
certification methods illustrated, taught, received, and mandated by staff at Jordan Detection K9
in Indiana, U.S.A. Any deviation from these trained and certified methods will result in the loss of
K9 sponsorship and support from O.U.R. In addition, the ESD K9 handler and ESD K9 will be
deemed uncertified by both Jordan Detection K9 as well as O.U.R.
20. Notice.
For purposes of notice, invoicing and contact, the parties provide the following information. In
the event the contact information or notice information changes, the Party whose notice
changed shall provide a written update to the other Party of the change in contact information.
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City of Yakima:
Designated LEA Point of Contact for Reporting: Sergeant Ryan Yates
Phone number: 509.424.0861
Email: rvan.vates(c�yakimawa.dov
Designated LEA Media Representative: Yvette Inzunza
Phone number: 509.575.6244
Email: yvette.inzunza(a7yakimawa.gov
Notices under this MOU shall be sent to:
Police Chief, City of Yakima
200 South 3rd Street
Yakima,WA 98901
With copies to:
City Manager, City of Yakima
129 North 2nd Street
Yakima,WA 98901
And
City Attorney, City of Yakima
200 South 3rd Street
Yakima,WA 98901
O.U.R.: Designated Point of Contact:
Tracy Wyant
Phone: 801-347-8717
Email: Tracy@ourrescue.org
Address: 5121 South Murray Blvd., Murray, Utah 84123
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IN WITNESS WHEREOF, the undersigned have executed this MOU to be effective as of
the below noted date.
City of Yakima OUR Rescue
By By
Its: City Manager It : '��,��
Date: Date: ` — ‘%/i`
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EXHIBIT A
(Training and Certification Requirements)
87
Electronic
Storage
Detection K9
( ESD )
.01-111/7
0 _
I ' AOLIC�
51-E C#� � Yakima Police Department
DETEGSpecial Assault Unit 88
What is an Electronic Storage Detection K9 ( ESD)
• An Electronic Storage Detection K9 is simply an animal that is
specifically trained to find the compounds used to make all
electronics:
• Triphenylphosphine Oxide (TPPO) — This compound is used on all
circuit boards to help them from overheating.
• Hydroxy cyclohexyl Phenyl Ketone (HPK) — This compound is used to
make most CDs, DVDs, Blue Ray Players, and Floppy Disks.
• These K9's will alert on the compound (HPK) or (TPPO) and
immediately alert the handler. These K9's are food-driven, which is
different from patrol K9's.
•
According to tracking documents from OUR, these K9's have a 70%
��;+ ; i find rate and they can find items underwater.
',v �: � 89
How would YPD benefit from an ESD
• Number of child porn cases ICAC
• 30 reported child sexual exploitation cases since January of 2023
• Number of tracker type cases ( .4
• 35 reported tracking/stalking cases Yakima County-wide .
I Man
• Other unit's search warrants '? Iketaboo
• 7 residential search warrants since 2023 involving child porn
• Over 50% of the departments warrant having electronic devices listed in the
SW.
• Yakima Valley Agency assist
• 44 reported child porn cases Yakima County-wide since January of 2023
• Assist with strengthening our relationships with Federal Partners including
the ICAC taskforce and the county jail.
• Jordan K9 cross trains K9's as victim comfort K9's.
• A K9 cross trained in ESD and comfort, it has helped with the mental health for
other officers
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How would the community benefit from an ESD
• Child Advocacy Center, located at the county courthouse, assists YPD
by interviewing child victims of crimes. This K9 would be able to join
those interviews and help reduce the anxiety of the situation.
• Special Assault Unit interviews can be stressful for everyone, this will
assist the adult victims as well.
• YPD is constantly trying to humanize our police force to the public.
This K9 would be a beneficial bridge that strengthen the bond
between us through community events.
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ie
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ESD K9 Costs
• Operation Underground Railroad (OUR), an Anti-Trafficking non-profit organization, has agreed to
fund the ESD K9, training/travel, and equipment - $22,000
• The Yakima Valley K9 Foundation has agreed to fund reoccurring costs such as food, vet care, and
annual training.
• The Yakima Police Department will issue the detective a K9 equipped SUV.
4.
1
FOUNDATION
OPERATION UNDERGROUND RAILROAD A V L L ..): 92
Video inserted here
Electronics Detection K9
L b _ y
SNIFFING OUT -�
THE DATA
Yakima Police Department
Special Assault Unit
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