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HomeMy WebLinkAboutR-2024-144 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 RESOLUTION NO. R-2024-144 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 an "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 5th day of August, 2024. V AKIIIi atricia Byers, Mayor ATTEST: *" r SEAL Irda1°� Rosalinda Ibarra, City Clerk 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 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 ail 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 2 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. 3 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 ESD 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. 4 City of Yakima: Designated LEA Point of Contact for Reporting: Sergeant Ryan Yates Phone number: 509.424.0861 Email: rvan.yates(a?vakimawa.gov Designated LEA Media Representative: Yvette lnzunza Phone number: 509.575.6244 Email: vvette.inzunza anyakimawa.gov Notices under this MOU shall be sent to: Police Chief, City of Yakima 200 South 3ro 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 3`d 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 5 IN WITNESS WHEREOF, the undersigned have executed this MOU to be effective as of the below noted date. City of Yakima OUR Rescue By i�c 1^ By its: City Manager it :Q Date: v I LO 1at) Date: 7--/kA91."- CITY CONTRACT NO: dazCT i,_ q-1✓(,7 RESOLUTION NO:P-a0" tq 6 AirIL ice.' : 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 78