HomeMy WebLinkAbout06/19/2018 06G MOU with ESD105 School Safety Operations and Coordination Center and YPDBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 6.G.
For Meeting of: June 19, 2018
ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the
Educational Service District 105 School Safety Operations and
Coordination Center for information sharing
SUBMITTED BY: Chief Dominic Rizzi
Lt. Shawn Boyle
SUMMARY EXPLANATION:
The Educational Service District 105 School Safety Operations and Coordination Center (ESD
105 SSOCC) operates a school notification system to advise schools of in progress events that
may require lock down or evacuation of their facilities. In order for this system to function, ESD
105 SSOCC requires access to the Yakima Police Department's Computer Aided Dispatch
system. This agreement will allow for the sharing of information with ESD 105 SSOCC.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
0 Resdution for ESD105SSOCC MOU
0 MOU with ESD105SSOCC
Upload Date
6/11/2018
6/1112018
Type
Resolution
tract
A RESOLUTION
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RESOLUTION NO. R -2018 -
approving memorandum of understanding between the Yakima Police
Department and the Educational Services District 105 School Safety
Operations Coordination Center defining operational requirements and the
sharing of critical information related to geo-fencing
WHEREAS, the Yakima Police Department (YPD) utilizes a computer aided dispatch
(CAD) system in the regular performance of duties; and
WHEREAS, the CAD system collects real time information regarding in progress critical
events; and
WHEREAS, the Educational Services District 105 School Safety Operations Coordination
Center (ESD 105 SSOCC) has established a school notification system for critical events utilizing
geo-fencing software; and
WHEREAS, the effective use of the school notification system is dependent on timely
information from YPD; and
WHEREAS, the safety and security of students, teachers, and school staff is of the utmost
importance and can be enhanced by the notification system; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Memorandum of Understanding between the Yakima Police Department and the
Educational Service District 105 School Safety Operations Coordination Center, for information
sharing 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
between the City of Yakima Police Department and the Educational Services District 105 School
Security Operations Coordination Center.
ADOPTED BY THE CITY COUNCIL this 19th day of June, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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Memorandum of Understanding
Between
Educational Service District 105 School Safety Operations
and Coordination Center (SSOCC)
and
Yakima Police Department
This Memorandum of Understanding ("MOU") is entered into by and between
Educational Service District 105 ("ESD 105") School Safety Operations and
Coordination Center ("SSOCC") and the City of Yakima Police Department ("YPD"),
defining the appropriate and authorized operation of the ESD 105 SSOCC and the
sharing and handling of critical information directly related to geo-fencing.
SECTION 1 Purpose
Both agencies will be sharing potentially sensitive information regarding law
enforcement calls for service that may have direct or indirect impact on the safety and
security of school buildings within the City of Yakima. It is the intention of this
agreement to share timely notifications of critical events received by the law
enforcement computer aided dispatch systems ("CAD"), for incidents located within
the area established by the SafePointe geo-fencing software. Information will be
relayed to schools in a way that school personnel can effectively execute safety and
security procedures (i.e., lockdown, evacuation). This action is intended to assist in
providing timely notification and to assist in protecting the lives of school staff and
students should a high priority law enforcement response call occur within a
predetermined "geo-fence" that surrounds a school building.
SECTION 2 Background
It is understood by this MOU that all hazards crisis events, such as active shooter,
natural and manmade disasters do occur and can have a significant impact on the daily
operations and functions of schools. Sharing of information between law enforcement
and the ESD 105 SSOCC will help to prevent and to mitigate events that have the
potential to create a crisis at school.
SECTION 3 Use of the Information
The information provided by the Suncomm 911 center and SafePointe technology geo-
fencing will be used solely by schools and the SSOCC to help determine the best
emergency response given the nature of the law enforcement call for service. While the
SSOCC will assist school districts by providing notice of calls of service, the final decision
on any subsequent actions taken will be made by the school districts themselves.
The role of the SSOCC is to notify and advise key school personnel so the best
decision can be made on how to respond to the situation.
Memorandum of Understanding 1
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SECTION 4 Personnel and Supervision
Each participating agency shall bear the financial responsibility for its own employees
including but not limited to salary, benefits, and workers' compensation insurance in
accordance with each agency's policies.
SECTION 5 Interlocal Cooperation Act Provisions
No special budget or funds are anticipated, nor shall be created. It is not intended that a
separate legal entity be established to conduct activities pursuant to this MOU. No
transfer of any property between parties or to any third party is provided for by this
Agreement. No fixed assets or personal or real property will be jointly or cooperatively
acquired, held, used, or disposed of pursuant to this MOU.
SECTION 6 Confidentiality
In order to protect the safety of information, all parties agree to hold all information in
confidence and share the information with people that have a true and legitimate need
to know. People that have a need to know will be determined between SSOCC staff
and YPD.
SECTION 7 Term of Agreement
This Agreement shall become effective on the date it is executed by all signing parties,
and shall remain in full force and effect and is intended to be indefinite.
SECTION 8 Alterations, Amendments and Terminations
The ESD 105 and the City of Yakima may mutually amend this Agreement. This
Agreement will be reviewed annually for efficacy by both parties and revised and
updated as appropriate. Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind the agencies participating in the MOU.
This MOU may be voluntarily terminated by any party in whole or in part upon notice by
either party given in writing to the other party not less than fifteen (15) days in advance of
the contemplated termination.
SECTION 9 Roles and Responsibilities
This agreement will outline the responsible use guidelines by ESD 105 SSOCC including
school personnel who will be receiving this information and YPD.
Memorandum of Understanding 2
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A. ESD 105 SSOCC agrees to:
Activity/Responsibility
Responsible Staff
1. Do a complete and thorough background
check for all staff that will be working in the
SSOCC that have access to potential
sensitive information through the geo-fence.
SSOCC Supervisor
2. Work with YPD to identify priority calls for
service that may impact schools.
SSOCC Supervisor
3. To train SSOCC staff regarding the
importance of confidentiality and handling
sensitive information.
SSOCC Supervisor
4. Have SSOCC operations staff visit and
observe Suncomm dispatch in action in order
to better understand law enforcement
operations and responsibilities.
SSOCC Supervisor
and Chief of Police or
his/her designee
5. Meet at least annually with YPD staff to
review the functionality of the program and
system.
SSOCC & YPD Staff
B. Yakima Police Department agrees to:
Activity/Responsibility
Responsible Staff
1. Provide guidance and information to the
SSOCC to help schools determine the
correct emergency/crisis response.
Chief of Police or
his/her designee/
Dispatch Supervisor
2. Work with the SSOCC staff to understand
the function of law enforcement dispatch
functionality.
Dispatch Supervisor
3. Help the SSOCC support SafePointe geo-
fencing capabilities by coordinating with City
technology services.
Chief of Police or
his/her designee
4. Work with SSOCC staff to understand the
sensitive and confidential nature of critical
information.
Chief of Police or
his/her designee
5. Meet at least annually with the SSOCC
staff to review the functionality of the program
and system.
Chief of Police or
his/her designee
C. Calls for Service:
Calls for service to the Suncomm 911 Center that reach a priority threshold,
that jeopardizes the safety and security of schools will be communicated to the geo-
Memorandum of Understanding 3
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fence through the use of SafePointe Technologies and monitored by the ESD 105
SSOCC. This information will be provided to the SSOCC for schools that are
serviced directly by YPD in communities for which YPD/Suncomm provides dispatch
services. The calls must occur within a predefined radius of a school building, as
agreed upon by the SSOCC staff and the school district represented.
The following are agreed upon calls for service that will result in notification of
the geo-fence. These calls are not necessarily limited to the list below and can be
modified periodically to meet the situation or demand. This list will be reviewed
quarterly for efficacy.
Calls for Service
1. Domestic violence in progress
2. Armed/unarmed robbery in progress
3. Burglary in Progress
4. High Speed Pursuits
5. Hazardous Materials Spill
6. 1st & 2nd Degree Assault
7. Drug Raid
8. Search Warrant Service
9. Weapon Offenses
10.Suicidal Subjects
SECTION 10 Notices
Unless stated otherwise herein, all notices and demands shall be in writing and sent to
the parties at their respective addresses as follows:
To the City of Yakima:
Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901
To the Educational Service District 105: Superintendent
33 South Second Avenue
Yakima, WA 98902
or to such other addresses the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid. Such notices shall
be deemed effective three (3) business days, excluding holidays, after mailing or
immediately upon being hand delivered to the address specified above.
Memorandum of Understanding 4
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SECTION 11 Liability and Indemnification
It is understood and agreed that each agency, its agents, employees, and insureds do
not, by virtue of this MOU, assume any responsibility or liability for the actions of the other
and/or another agency's officers, agents, employees and insureds.
Each party to this MOU shall be responsible and assume liability for its own wrongful or
negligent acts or omissions, or those of its officers to the fullest extent required by law,
and shall save, indemnify, defend and hold harmless all other parties 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.
SECTION 12 Liability Insurance
Each party agrees during the term of this Agreement and for three years after its expiration
or termination to maintain commercial general liability insurance, including but not limited
to coverage for wrongful death, bodily injury, personal injury and property damage, with
minimum limits of $10,000,000 per occurrence and $10,000,000 general aggregate.
SECTION 13 Dispute Resolution
For the purpose of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach or interpretation of this Agreement, the parties shall
first meet in a good faith attempt to resolve the dispute.
SECTION 14 Severability
If any provision of this Agreement or any provision of any document incorporated by
reference to this Agreement shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid provision, if
such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement. To this end, the provisions of this Agreement are declared to
be severable.
SECTION 15 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 for the City of Yakima and the Board of Directors of the Educational Service
District 105) 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
Memorandum of Understanding 5
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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."
SECTION 16 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.
YAKIMA POLICE DEPARTMENT EDUCATIONAL SERVICE DISTRICT 105
Chief Dominic Rizzi Chris Weedin
School Safety Project Manager
Date:
Cliff Moore, City Manager
Date:
Date:
Kevin Chase, Superintendent
Date:
ATTEST:
Sonya Claar Tee, City Clerk
City of Yakima Contract No. 2018 -
Resolution No. R -2018 -
Memorandum of Understanding 6