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HomeMy WebLinkAbout4579 Resolution - Geiger Institute DA-LE Resolution – Letter of Agreement with the Geiger Institute for DA-LE - 1 RESOLUTION NO. 4579 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT BETWEEN THE GEIGER INSTITUTE AND THE CITY OF PASCO FOR IMPLEMENTATION OF THE DANGER ASSESSMENT FOR LAW ENFORCEMENT (DA-LE) MODEL. WHEREAS, the City of Pasco, Washington (City) is committed to improving public safety and protecting victims of domestic violence through evidence-based tools and strategies; and WHEREAS, the Geiger Institute, a division of the Jeanne Geiger Crisis Center, is a recognized leader in providing technical assistance and training to law enforcement agencies nationwide to implement the Danger Assessment for Law Enforcement (DA-LE) model; and WHEREAS, the DA-LE model provides law enforcement officers with a validated risk assessment tool designed to identify high-risk domestic violence cases, enhance victim safety, and improve offender accountability; and WHEREAS, the City has received a Letter of Agreement from the Geiger Institute outlining the terms, roles, and responsibilities associated with the technical assistance and training necessary to implement the DA-LE model; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into this Letter of Agreement with the Geiger Institute to support the police department’s implementation of the DA-LE model. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Letter of Agreement between the Geiger Institute and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that the City Council of the City of Pasco hereby delegates authority to sign any future extensions of said Agreement to the City Manager, or his or her designee. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – Letter of Agreement with the Geiger Institute for DA-LE - 2 PASSED by the City Council of the City of Pasco, Washington, on this 17th day of March, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 1 of 6 February 4, 2025 Chief Ken Roske Pasco Police Department 215 W. Sylvester Street, Pasco, WA 99301 Dear Chief Roske: This letter will serve as the Agreement under which the Geiger Institute (a division of the Jeanne Geiger Crisis Center) will provide training and technical assistance (“TTA”) to the Pasco Police Department (the “Site” or “PPD” and, collectively with the Geiger Institute, the “Parties” and each, a “Party”) to implement the Danger Assessment for Law Enforcement (“DA-LE”). PPD will receive TTA funded through the State of Washington pursuant to Washington House Bill 1715, which funds the implementation of Domestic Violence High Risk Teams (DVHRTs) in Washington. All TTA costs associated with DA-LE implementation will be paid to the Geiger Institute under a separate contract between the Geiger Institute and the State of Washington, Department of Commerce Office on Crime Victims Advocacy (“Washington-Geiger Contract”). DA-LE IMPLEMENTATION OVERVIEW AND SCOPE OF WORK This Agreement sets forth the terms and obligations between the Geiger Institute and PPD in relation to implementation of the DA-LE. TTA to the multi-agency cohort will be delivered through video conference calls, phone calls, email and other written communications. The implementation process is comprised of the following components: •Project Orientation Call •Regular Technical Assistance Calls The Geiger Institute will deliver reasonable technical assistance throughout DA-LE implementation through a series of regular video conference calls. Topics of technical assistance will include: o Development of mandatory written policies/directives on DA-LE administration o Development of a DA-LE high-risk intervention protocol for connect of high- risk victims to DV services o Customization of a DA-LE training curriculum o Preparation for a DA-LE Train-the-Trainer event o Preparation for training events for advocates, prosecutors and judges o Post-implementation trouble-shooting o Data collection and analysis •Train-the-Trainer Event Exhibit A Page 2 of 6 Geiger Institute trainers will deliver a Train-the-Trainer event. The training event will prepare designated law enforcement trainers to deliver the DA-LE training to officers. The Geiger Institute will provide a customized Train-the-Trainer Curriculum. • Training for Advocates The Geiger Institute will deliver a training for advocates that will provide an overview of the DA-LE and prepare advocates to begin receiving the DA-LE. • Training for Prosecutors The Geiger Institute will deliver a training for prosecutors on the DA-LE and its use in court. • Training for Judges The Geiger Institute will deliver a training for judges on the DA-LE and its role in court. TERM OF AGREEMENT This Agreement shall commence on the date of signing and shall terminate upon the earlier of (a) one year after the training of officers, or (b) termination of the Washington-Geiger Contract. Notwithstanding termination of this Agreement, the Site agrees to provide monthly data on its use of the DA-LE to the Geiger Institute for as long as the Site uses the DA-LE. INDEPENDENT CONTRACTOR It is the express intention of the Parties that the Geiger Institute is an independent consultant/contractor under this Agreement and not an employee, agent, or partner of the Site or its partners. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of an employer and employee. The Parties acknowledge that the Geiger Institute is not an employee for state and federal tax purposes. DA-LE ACKNOWLEDGEMENT AND AUTHORIZATION OF USE FORM Upon completion of all officer training, the Site will provide the Geiger Institute with a signed DA-LE Acknowledgement and Authorization of Use Form (“Authorization”) (attached hereto as Addendum A), after which the Site may begin using the DA-LE. The Site agrees that it will not begin use of the DA-LE until the signed Authorization is provided to the Geiger Institute. PROPRIETARY INFORMATION All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights Page 3 of 6 (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other information and materials that are provided to the Site under this Agreement or prepared by or on behalf of the Geiger Institute in the course of performing the TAA (collectively, the “Deliverables”) shall be owned by Geiger Institute. Geiger Institute hereby grants the Site a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, non-transferable, non-sublicensable, fully paid- up, royalty-free, and perpetual basis to the extent necessary to enable the Site to use the DA-LE after the signed Authorization is provided to the Geiger Institute. The Geiger Institute reserves the right to revoke the aforementioned license to use the Deliverables if (a) the Deliverables have become outdated and updated Deliverables have been developed and provided to the site, or (b) it determines that the Site has substantively altered the Deliverables or is using the Deliverables in a manner in which they were not intended to be used. In the event the Site develops new intellectual property based on the Deliverables provided to the Site by the Geiger Institute, such intellectual property shall be owned by the Geiger Institute. CONFIDENTIALITY Confidential Information. From time to time during the term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), non-public, proprietary, and confidential information of Disclosing Party (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Agreement; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not or was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information (as evidenced by contemporaneous written records). Maintenance of Confidentiality. The Receiving Party shall: (i) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s employees who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. The Receiving Party shall neither disclose any Disclosing Party Confidential Information nor permit any Disclosing Party Confidential Information to be disclosed, either directly or indirectly, to any third party without the Disclosing Party’s prior written consent. Receiving Party shall not make any copies of Disclosing Party’s Confidential Information unless the same are previously approved in writing by the Disclosing Party. The Receiving Party shall reproduce the Disclosing Party’s proprietary rights notices on any such authorized copies, in the same manner in which such notices were set forth in or on the original. The Receiving Party shall immediately notify Disclosing Party of any unauthorized use or Page 4 of 6 disclosure, or suspected unauthorized use or disclosure, of Disclosing Party Confidential Information. Required Disclosures. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. Return of Confidential Information. All documents and other tangible objects containing or representing Disclosing Party’s Confidential Information and all copies of them will be and remain the property of Disclosing Party. Upon expiration or termination of this Agreement or Disclosing Party’s earlier request, Receiving Party will: (a) promptly deliver to Disclosing Party all Disclosing Party Confidential Information, except that the Receiving Party may retain one copy to ensure compliance with its obligations under this Agreement or pursuant to an established back up or document retention policy; and (b) promptly cease the use of all analyses, studies, and other documents prepared based on the Disclosing Party Confidential Information and will maintain any such documents in confidence in accordance with the obligations above under “Maintenance of Confidentiality.” Confidential Terms. Except as otherwise required by applicable law, each of the Parties hereto agrees not to disclose to any third party the terms of this Agreement without the prior written consent of the other Party hereto; provided that the Parties shall be free to disclose such terms to the extent required by applicable law or to advisors, and in addition, with respect to the Geiger Institute as the Receiving Party, to existing and potential investors, existing and potential partners and acquirers, licensees, and others on a need-to-know basis under circumstances that reasonably ensure the confidentiality thereof. Right to Equitable Relief. Receiving Party agrees that any violation or threatened violation of this section (Confidentiality) will cause irreparable injury to Disclosing Party, entitling Disclosing Party to obtain injunctive relief in addition to all legal remedies without showing or proving any actual damage and without any bond required to be posted. INDEMNIFICATION Indemnification Obligation. To the extent allowable, each Party hereby agree to indemnify and hold harmless the other Party against all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) by any third party as a result of or related to (i) any breach by the indemnifying Party of any term, representation, or warranty of this Agreement, or (ii) any gross negligence or willful misconduct of the indemnifying Party. Additionally, the Site will indemnify the Geiger Institute against any Losses arising out of the Geiger Institute’s performance of the TTA, other than Losses arising out of the Geiger Institute’s gross negligence, willful misconduct, or willful breach of this Agreement. Indemnification Procedure. Each Party shall promptly notify the other Party in writing of any claim, complaint, suit, proceeding, or cause of action for which such Party believes it is entitled to be Page 5 of 6 indemnified pursuant to this section (Indemnification) (each, a “Claim”). The Party seeking indemnification (the “Indemnitee”) shall cooperate with the other Party (the “Indemnitor”) at the Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense of such Claim and employ counsel reasonably acceptable to the Indemnitee to handle and defend the same at the Indemnitor's sole cost and expense. If both Parties are named as defendants in such Claim and the Site is the Indemnitor, then the Site will use reasonable efforts to support any efforts to dismiss or otherwise remove the Geiger Institute from such Claim if possible. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Claim on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written consent. If the Indemnitor fails or refuses to assume control of the defense of such Claim, then the Indemnitee shall have the right, but no obligation, to defend against such Claim, including settling such action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. The Indemnitee's failure to perform any obligations under this section (Indemnification Procedure) will not relieve the Indemnitor of its indemnification obligations above, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure. Disclaimer THE TTA AND DELIVERABLES ARE PROVIDED “AS IS.” THE GEIGER INSTITUTE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SITE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF IMPLEMENTING AND USING THE DELIVERABLES PROVIDED UNDER THIS AGREEMENT AND THE SITE ASSUMES ANY RISKS ASSOCIATED WITH DOING SO. Limitation of Liability. IN NO EVENT SHALL THE GEIGER INSTITUTE BE LIABLE TO THE SITE OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT GEIGER INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE GEIGER INSTITUTE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GEIGER INSTITUTE BY THE STATE OF WASHINGTON. Page 6 of 6 ENTIRE AGREEMENT This Agreement, including any attachments, constitutes the entire agreement and understanding between the Parties concerning this subject and as of its date, cancels, terminates, and supersedes all prior written and oral understandings, agreements, proposals, promises, and representations of the parties respecting any of the subject matter contained herein. If any provision of this Agreement is held to be illegal, invalid or unenforceable by a competent jurisdiction, then that provision will be fully severable, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement can be amended if, and only if, such amendment is in writing and is signed by each Party. GOVERNING LAW This Agreement is governed by and is to be interpreted and enforced in accordance with, the Laws of the State of Massachusetts without giving effect to any choice of law or conflict of laws rules or provisions. ACCEPTANCE Your signature below indicates acceptance of this proposal and its terms and forms an agreement between the Geiger Institute and the Site as of the date of such signature. _______________________________________________________ ________________ Kelly Dunne Date Chief of Operations Jeanne Geiger Crisis Center/Geiger Institute _______________________________________________________ ________________ Chief Ken Roske Date Pasco Police Department