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HomeMy WebLinkAboutR-2018-056 MOU with ESD105 School Safety Operations and Coordination Center and YPDA RESOLUTION RESOLUTION NO. R-2018-056 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 •♦ I Y� Sonya CIaar Tee, City CIk ` , v �; \2 Mayor 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 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 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 my impact schools. SSOCC Supervisor SSOCC Supervisor 3. To train SSOCC staff regarding the importance of confidentiality and handling sensitive information. 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 arid information to the SSOCC to help schools determine the correct erner• enc /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. 'vVork 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- fence Memorandum of Understanciirig 3 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. Cans for Service 1. Domestic violence in • ro• ress 2. Aimed/unarmed robbery in progress 3. Burglary in Progress 4. Hiyn Speed Pursuits 5. Hazardous Materials S • ill 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: To the Educational Service District 105 Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901 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. Mr rnorandum C)f Understanding 4 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 Agreerni gin:. 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. SECTLIOM "ii J ii'f_ oLite R.'ssc'Iirtion 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 :it this Agreen-ient or any provision of any document incorporated by reference to this Agreement shall be held invalid, such invalidity shall not affect the other provisions cif 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 belov , 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 he legislative authority of his or her respective employer (the City ounc°l fc.),' 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 Memorandum cf Understanding 5 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." SECTION 16 Filing P!._rsuant 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 cth r electronically retrievable public source. THIS AGREEMENT is executed by the persons signing below, who warrant that they have t?!e authority' `c execute this Agreement. YAK1V !COLIC ARTMENT EDUCATIONAL SERVICE DISTRICT 105 Chief f . i dnic Date: Cliff Mo r City Manager Date A. EST: ao s Y� i P w 7 •. Chris Weedin School Safety Project Manager l Date: �/ g / evin Chase, Superintendent Sonya CIG r Tee, City Clerk • ..,. • `�\ City of Yakima Contract No. 2018 -?2.' P.: :)Iu io!7 No. R .2018- u S Memorandum of Understanding 6 BUSINESS 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