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HomeMy WebLinkAboutPolice Training Solutions, LLC - Agreement with Police Training Solutions, LLC AGREEMENT BETWEEN THE CITY OF YAKIMA AND POLICE TRAINING SOLUTIONS, LLC THIS AGREEMENT (hereafter "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereafter "City"), a Washington municipal corporation, and the POLICE TRAINING SOLUTIONS, LLC. WHEREAS, the City of Yakima Police Department has identified a need to review a specific instance of police use of force; and WHEREAS, the Police Training Solutions operates a consulting business featuring the review of police use of force and policy; and WHEREAS, the Police Training Solutions employs personnel who are instructors in multiple types of use of force and who have testified as expert witnesses in court, and WHEREAS, the Police Training Solutions employs personnel who have or have had law enforcement experience, and WHEREAS, the City of Yakima Police Department believes that it is in the best interest of the community and the involved employee that such a review be conducted by an unaffiliated organization; and WHEREAS, the City desires to solicit the services of Police Training Solutions to provide a fair and impartial review of the incident; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Police Training Solutions as follows: 1. SCOPE OF SERVICES. The services provided by both parties are listed hereafter: a. Police Training Solutions will provide a fair and impartial review of a Yakima police use of force incident as part of internal investigation 20241NT-003. At the conclusion of the review, Police Training Solutions will provide a report to the City of Yakima with their findings to include: I. The actions or behavior of the employee and involved person(s)leading up to the use of force. II. Identify possible law or policy violations by the involved person(s) and employee. III. Describe alternative tactic(s), if any, that may have existed in lieu of force being deployed and/or whether it was feasible to employ such tactic(s). IV. Identify equipment, tool and/or training that may have mitigated the use of force or the level of force used. Agreement Between City of Yakima and Police Training Solutions - Page 1 of 5 b. The City of Yakima shall provide the following: I. All police report(s)that describe the incident(s)that encompass the use of force and actions taken directly before and after the incident. II. All internal investigation materials in support of the investigation into the use of force. Items may include: i. Reports ii. Memos iii. Letters iv. Photos v. Videos vi. Transcribed interviews vii. Recorded interviews viii. The Yakima Police Department Policy. III. The Yakima Police Department shall remove or make otherwise unreadable any Criminal Justice Information as defined by US Department of Justice Criminal Justice Information Services Security Policy 4.lthat may be included in any of the above documents. 2. RETAINED RIGHTS; Ownership. As between the Parties, subject to the rights granted in this Agreement, the City of Yakima Police Department retain all rights and ownership of documents shared with Police Training Solutions. As such, Police Training Solutions shall not disseminate such materials except in accordance with this agreement. The final product or report created by Police Training Solutions shall become the property of the City of Yakima Police Department at the time of its completion and fulfillment of this agreement. 3. PERIOD OF PERFORMANCE. The period of performance under this Agreement will be begin on the date this agreement is executed and shall run until the terms of this agreement are met by both parties. In the event the City of Yakima has not received the report within 60 days after the execution of this agreement, the agreement will become void. 4. COMPENSATION. The City of Yakima agrees to pay Police Training Solutions four hundred twenty-five dollars ($425.00) per hour. Police Training Solutions has indicated that a typical review takes 10-15 hours, but is dependent on the amount of material that has to be reviewed. The City shall be notified as soon as practicable if a longer review than what is typical will be required. After said notification has been made, the parties may agree to continue or sever this agreement. 5. TAXES AND ASSESSMENTS. Police Training Solutions shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Police Training Solutions shall pay the same before it becomes due. 6. AUDITS AND INSPECTIONS. Agreement Between City of Yakima and Police Training Solutions - Page 2 of 5 a. Police Training Solutions shall provide access to records to the City, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under this Agreement. The City will give advance notice of not less than 24- hours notice in advance to Police Training Solutions in the case of audits pertaining to the services provided under this Agreement, to be conducted by the City. b. Records and documents pertaining to services provided under this Agreement shall be subject at all reasonable times to inspections, review, or audit by the City and/or duly authorized federal/state officials, including but not limited to, the Washington State Auditor. The City will give advance notice to Police Training Solutions in the event an inspection of records is required. 7. INSURANCE. Commercial General Liability Insurance: On or before the effective date of this Agreement, Police Training Solutions shall provide the City with a certificate of insurance and additional insured endorsement as proof of commercial general liability insurance, or a combination of commercial liability and umbrella liability, in the amount of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City of Yakima, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds on an additional endorsement. Police Training Solutions will provide the City with advance written notice if the policy is cancelled. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the City is damaged by the failure of Police Training Solutions to maintain the above insurance or to so notify the City, then Police Training Solutions shall bear all costs attributable thereto. If requested, Police Training Solutions shall provide the City with a complete copy of the policy. 8. INDEMNIFICATION. A. Police Training Solutions agrees to defend, indemnify, and hold harmless the City of Yakima, its officials, officers, employees, volunteers, and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys'fees, which result or arise out of the negligent acts or omissions, if any, of Police Training Solutions, its officials, officers, employees or agents related to Police Training Solutions' performance or non-performance of the services, duties and obligations required of it under this Agreement. 9. NONDISCRIMINATION. During the performance of this Agreement, Police Training Solutions shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 10. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former Agreement Between City of Yakima and Police Training Solutions - Page 3 of 5 agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. 11. MODIFICATIONS. Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is in writing and executed by both parties. 12. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by Police Training Solutions to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Police Training Solutions stated herein. 13. NON-WAIVER. The waiver of either the City or Police Training Solutions of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 14. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 15. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, by written notice from either party to the other thirty (30) days in advance of the termination. In the event of termination, no compensation shall be required, and Police Training Solutions shall issue a refund to the City for any tuition paid by the City prior to the termination of this agreement. 16. INDEPENDENT CONTRACTOR. The parties agree that Police Training Solutions shall be an independent contractor in the performance of this Agreement. Police Training Solutions as an independent contractor, assumes the entire responsibility or carrying out and accomplishing the work/services required under this Agreement. Police Training Solutions and its officers, employees, agents, instructors, and subcontractors shall make no claim of City employment nor shall they claim any related employment benefits, social security, and/ or retirement. 17. SURVIVAL. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 1. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Victoria Baker, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Shawn Boyle, Interim Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901-2830 Agreement Between City of Yakima and Police Training Solutions - Page 4 of 5 TO POLICE TRAINING SOLUTIONS: Tom Ovens, Owner Police Training Solutions, LLC P.O. Box 117 Cle Elum, WA 98922 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by both first class mail postage prepaid and by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA POLICE TRAINING SOLUTIONS .,8 ,, By By 1,cor a Barer:` r- 2024 1.49 pD` Tom Ovens Victoria Baker, City Manager Date: 09/20/2024 Sep 27,2024 Date: PKIMA ATTEST; *.. By • • ( ' * SEAL P s Rosalinda, Ibarra, City Clerk 4�1 -�*— 1 11 lHtcc City Contract No.: 2024-182 Agreement Between City of Yakima and Police Training Solutions - Page 5 of 5 Agreement Between City of Yakima and Police Training Solutions - Page 6 of 5 2024 Agreement - City - Police Training Solutions Final Audit Report 2024-09-27 Created: 2024-09-23 By: Tory Adams(tory.adams@yakimawa.gov) Status: Signed Transaction ID: CBJCHBCAABAAuR2jPiGpBg4IuDuIiTpCsWV7gY7D9-Z7 "2024 Agreement - City - Police Training Solutions" History n Document created by Tory Adams (tory.adams@yakimawa.gov) 2024-09-23-3:00:30 PM GMT w Document emailed to shawn.boyle@yakimawa.gov for signature 2024-09-23-3:04:25 PM GMT in Email viewed by shawn.boyle@yakimawa.gov 2024-09-23-3:14:53 PM GMT bQ Signer shawn.boyle@yakimawa.gov entered name at signing as Shawn M Boyle 2024-09-23-3:15:52 PM GMT Pp Shawn M Boyle (shawn.boyle@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-09-23-3:15:54 PM GMT 6© Document e-signed by Shawn M Boyle (shawn.boyle@yakimawa.gov) Signature Date:2024-09-23-3:15:54 PM GMT-Time Source:server Document emailed to Viren Mayani (Viren.Mayani@yakimawa.gov)for signature 2024-09-23-3:15:56 PM GMT in Email viewed by Viren Mayani (Viren.Mayani@yakimawa.gov) 2024-09-23-3:22:31 PM GMT [°p Viren Mayani (Viren.Mayani@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-09-23-3:22:56 PM GMT & Document e-signed by Viren Mayani (Viren.Mayani@yakimawa.gov) Signature Date:2024-09-23-3:22:56 PM GMT-Time Source:server Q' Powered by Adobe Acrobat Sign Document emailed to bronson.faul@yakimawa.gov for signature 2024-09-23-3:22:58 PM GMT n Email viewed by bronson.faul@yakimawa.gov 2024-09-23-8:07:04 PM GMT 6© Signer bronson.faul@yakimawa.gov entered name at signing as Bronson Faul 2024-09-23-8:57:50 PM GMT [4o Bronson Faul (bronson.faul@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-09-23-8:57:52 PM GMT 6o Document e-signed by Bronson Faul (bronson.faul@yakimawa.gov) Signature Date:2024-09-23-8:57:52 PM GMT-Time Source:server Document emailed to Vicki Baker(Vicki.Baker@yakimawa.gov)for signature 2024-09-23-8:57:54 PM GMT n Email viewed by Vicki Baker(Vicki.Baker@yakimawa.gov) 2024-09-27-11:48:49 PM GMT C56, Signer Vicki Baker(Vicki.Baker@yakimawa.gov) entered name at signing as Victoria Baker 2024-09-27-11:49:23 PM GMT Po Victoria Baker(Vicki.Baker@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-09-27-11:49:25 PM GMT 66 Document e-signed by Victoria Baker(Vicki.Baker@yakimawa.gov) Signature Date:2024-09-27-11:49:25 PM GMT-Time Source:server Document emailed to Silvia Corona (Silvia.Corona@yakimawa.gov) for approval 2024-09-27-11:49:27 PM GMT fi Email viewed by Silvia Corona (Silvia.Corona@yakimawa.gov) 2024-09-27-11:49:42 PM GMT % Silvia Corona (Silvia.Corona@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-09-27-11:53:32 PM GMT 6© Document approved by Silvia Corona (Silvia.Corona@yakimawa.gov) Approval Date:2024-09-27-11:53:32 PM GMT-Time Source:server • Agreement completed. 2024-09-27-11:53:32 PM GMT Powered by Adobe Acrobat Sign