HomeMy WebLinkAboutR-2024-052 Resolution authorizing an interagency agreement with the Washington State Department of Commerce through the Law Enforcement Vehicle Pursuit Technology Grant Program RESOLUTION NO. R-2024-052
A RESOLUTION authorizing an interagency agreement with the Washington State
Department of Commerce through the Law Enforcement Vehicle
Pursuit Technology Grant Program.
WHEREAS, the Washington State Department of Commerce through the Law
Enforcement Vehicle Pursuit Technology Grant is providing an opportunity for law enforcement
agencies to acquire equipment; and,
WHEREAS, the City of Yakima Police Department has been awarded $150,000 to
acquire the equipment; and,
WHEREAS, any acquisition will save the City of Yakima the cost of purchasing needed
equipment elsewhere; and,
WHEREAS, the City of Yakima Police Department has experienced an increase in
vehicle pursuit in the last three years; and,
WHEREAS, the equipment purchased will assist the City of Yakima and the Yakima
Police Department in their mission to deter crime and apprehend those who commit crimes
with a focus on vehicle pursuits; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interim City Manager of the City of Yakima is hereby authorized and directed to
sign the attached and incorporated Interagency Agreement between the City of Yakima and
the Washington State Department of Commerce.
ADOPTED BY THE CITY COUNCIL this 19th day of March, 2024.
l
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/ Patricia Byers, Mayor
ATTEST:
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Brandy Br� ord, Duty City Clerk '
h'ASHING
DocuSign Envelope ID 7D0758E0-54A9-4358-BD40-B0777472C451
egi% Washington State
"40 Co Depmmerce
Interagency Agreement with
City of Yakima
through
Law Enforcement Vehicle Pursuit Technology Grant Program
Contract Number:
S24-34444-016
For
As a result of RFP S24-34444-001 Yakima Police Department will
purchase equipment and technology that will assist local law
enforcement in vehicle pursuit mitigation
Dated: Wednesday, January 24, 2024
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0 Washington State
IP40 Co pIpart e t of DocuSign Contract Review and Routing Form
Office of Firearm Safety and Violence Prevention —Community Safety Unit
Type of Action: New Contract/Grant ❑ Amendment ❑ IAG
Federal ❑ State
Contractor/Grantee Name: Yakima Police Department
Contract/Grant Number: S24-34444-016
Term: 1/24/2024 to 6/30/2024
Review by: Name: Initial/Date:
rk)
osContract Manager Kaitlin Jones 2/28/2024 I 4:16 PM PST
Portfolio Manager Abigail Snyder FosllS
2/29/2024 I 5:38 AM PST
FIJS
Executive Director Kate Kelly 2/29/2024 I 7:52 AM PST
Updated 1/6/2023
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"Wash,r a it:ote
IWO Commerce
Table of Contents
TABLE OF CONTENTS 2
FACE SHEET 3
SPECIAL TERMS AND CONDITIONS 4
1. AUTHORITY 4
2. CONTRACT MANAGEMENT 4
3. COMPENSATION 4
4. BILLING PROCEDURES AND PAYMENT 4
5. SUBCONTRACTOR DATA COLLECTION 5
6. INSURANCE 5
7. FRAUD AND OTHER LOSS REPORTING 5
8. ORDER OF PRECEDENCE 5
GENERAL TERMS AND CONDITIONS 6
1. DEFINITIONS 6
2. ALL WRITINGS CONTAINED HEREIN 6
3. AMENDMENTS 6
4. ASSIGNMENT 6
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 6
6. COPYRIGHT 7
7. DISPUTES 7
8. GOVERNING LAW AND VENUE 8
9. INDEMNIFICATION 8
10. LICENSING,ACCREDITATION AND REGISTRATION 8
11. RECAPTURE 8
12. RECORDS MAINTENANCE 8
13. SAVINGS 8
14. SEVERABILITY 8
15. SUBCONTRACTING 9
16. SURVIVAL 9
17. TERMINATION FOR CAUSE 9
18. TERMINATION FOR CONVENIENCE 9
19. TERMINATION PROCEDURES 9
20. TREATMENT OF ASSETS 10
21. WAIVER 11
ATTACHMENT A:SCOPE OF WORK 12
ATTACHMENT B:BUDGET 13
ATTACHMENT C:REPORTING 14
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Face Sheet
Contract Number: S24-34444-016
Washington State Department of Commerce
Community Services Division
Community Safety Unit
Law Enforcement Vehicle Pursuit Technology Grant Program
1. Contractor 2. Contractor Doing Business As (as applicable)
City of Yakima Yakima Police Department
129 N 2nd Street
Yakima, WA 98901
3. Contractor Representative 4. COMMERCE Representative
Tory Adams Kaitlin Jones 1011 Plum Street SE
Project Contact Program Manager P.O. Box 42525
509-576-6342 509-638-6454 Olympia, WA 98504-2525
Tory adams@yakimawa gov Kaitlin.jones@commerce.wa.gov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$150,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ January 24, 2024 June 30, 2024
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10.Tax ID# 11. SWV# 12. UBI # 13. UEI#
91-6001293 5WV0007122-04 397-005-272 FJNNX1XFJ9K3
14. Contract Purpose
As a result of RFP S24-34444-001 Yakima Police Department will purchase equipment and technology that will assist local
law enforcement in vehicle pursuit mitigation
COMMERCE,defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment"A"— Scope
of Work, Attachment"B"—Budget, Attachment"C"—Reporting
FOR CONTRACTOR FOR COMMERCE
Dave zabell
c--DocuSigned by:
Dave Zabell, Interim City Manager
c—DocuSigned by: Clncy-GuertiasA Berson, Assistant Director
3/1/2024 1 4:24 PM PST
SIgntitUfe318D1E785C46A
Date
2/29/2024 1 11:48 AM PST
Date APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
CITY CO"JTcrT N70 r? 9
n n APPROVAL ON FILE
RESOL I, r IJ ON NO /1�� 'VS
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411/►.Washingxm State
Depalment of
Commerce
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39 34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $150,000, for the performance of all things
necessary for or incidental to the performance of work under this Contract as set forth in the Scope
of Work.
EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the
Contractor for authorized expenses shall not exceed $150,000, which amount is included in the
Contract total above.
Such expenses may include airfare (economy or coach class only), other transportation expenses,
and lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of reports submitted and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE via the
Commerce Contract Management System Reports must be submitted prior to submitting invoices.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number S24-
34444-016. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of$50.00 or more in order to receive reimbursement.
It should be noted the receipts must be dated within the fiscal year (ending June 30, 2024). All
purchases and receipts must be dated within the fiscal year(ending June 30, 2024).
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
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Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.)
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B— Budget
• Attachment C— Reporting
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Department of
Commerce
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE"shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor"shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor The
terms"subcontractor"and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as"confidential"
by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE, and
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iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered"works for
hire" as defined by the U S Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability
to transfer these rights
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions,including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract,of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
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prevailing.The determination of the Dispute Board shall be final and binding on the parties hereto.As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE In the alternative, COMMERCE may recapture such funds from payments
due under this Contract
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost,these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the"Termination for Convenience"clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
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15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or(c) require the Contractor to rescind or amend a subcontract
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
In the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
Intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days,the contract may be
terminated or suspended
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default, or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated The provisions of
the"Treatment of Assets"clause shall apply in such property transfer.
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COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice,
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights,title,and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property,the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or(ii)commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
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practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A: Scope of Work
This funding will be provided solely to the Yakima Police Department for the purpose of
purchasing the following modern vehicle pursuit management technology:
• 60 Stop Sticks and vehicle mounting
• 3 UAS (drones) DJI Matrice 30T Combo Kit and accessories:
O 6 Extra Batteries for DJI Matrice
O 3 Attachments and Vehicle Up-fitting
• 20 ALPR Falcon License Plate readers and installation
The technology will be used in accordance with data-sharing, management policies, and training
requirements for those who have access to the vehicle pursuit technology and data.
This technology will assist local law enforcement patrol activities including, but not limited to,
vehicle pursuit mitigation.
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Attachment B: Budget
The Budget for the award period of January 24, 2024 through June 30, 2024 is$150,000.
The contractor may shift up to 10% of the total award between budget categories or functions without
further approval provided that the shift will not cause a major change to the Scope of Work or shift costs
between fiscal years. Please see table below
Program Budget
January 24,2024-June 30,2024
Agency Name: Yakima Police Department
Program Name: Law Enforcement Technology Grant Program
Contract Number: S24-34444-016
Amount by Fund Source
Item COMMERCE Other Fund Other Fund Other Fund Total Project
Funding Source Source Source
PERSONNEL SERVICES
Salaries(Full-&Part-Time) $ - $ - $ - $ - $ -
Personnel Benefits $ - $ - $ - $ - $ -
SUBTOTAL-PERSONNEL SERVICES $ - $ - $ - $ - $ -
GOODS&SERVICES
Office Supplies $ - $ - $ - $ - $Operating Supplies' $ - $ - $ - $ - $ -
Equipment3 $ 150,000 00 $ - $ - $ 150,000 00
Consultant and Subcontracted services° $ - $ - $ - $ - $ -
Automobile Expense $ - $ - $ - $ - $ -
Printing&Duplicating $ - $ - $ - $ - $ -
Insurance _ $ - $ - $ - $ - $ -
Rentals-Buildings $ - $ - $ - $ - $ -
Rentals-Equipment $ - $ - $ - $ - $ -
SUBTOTAL-GOODS&SERVICES $ 150,000.00 $ - $ - $ - $ 150,000.00
Travel $ - $ - $ - $ - $ -
Training $ - $ - $ - $ -
Other Mist Expensess $ - $ - $ -
TOTAL EXPEPIMTURES $ 150,000.00 $ - $ - $ - $ 150,000.00
'Identify specific funding sources included under the 2 Operating Supplies-Itemize below
"Other"column(s)above
None $
$ - $
$ - $
$ - $
Total $ - Total $ -
3 Equipment-Itemize below °Consultant and Subcontracted Services-Itemize
below
60 Stop Sticks and Vehicle Mounting $ 36,388.80 _
3 UAS DJI Matrice 30T Combo Kit $ 35,739 00 $ _
UAS Drone Accessories and Installation $ 10,07190 $
ALPR(20 Falcon LPR and Installation) $ 67,800.30 $
Total $ 150,000.00 Total $ - 1
'Other Miscellaneous Expenses-Itemize below
$
$ $
Total $ Total $ -
Page 13 of 14
DocuSign Envelope ID 7D0758E0-54A9-4358-BD40-B0777472C451
di%CYash fIg; r Slate
Depaiment of
!Commerce
Attachment C: Reporting
Reports will be required on a quarterly basis. Commerce quarterly reporting is based upon the
calendar year: there are two quarters within this contract: January 2024— March 2024, and April
2024—June 2024. The first report is due on April 20th 2024. The report must be completed prior
to submitting that quarter's invoice within Secure Access Washington. The second and final
report is due on July 20th, 2024.
Reports shall include:
• Status of the purchase, receipt, installation, and implementation/utilization of the
equipment/technology.
• The number of all cases in which the equipment/technology was utilized.
• The outcome of all cases in which the equipment/technology was utilized.
• The number of vehicle pursuits that occurred.
• The number of vehicle pursuits in which the equipment/technology was utilized.
• The outcome of vehicle pursuits in which the equipment/technology was utilized.
• Any other statistics the agency may have that that directly relates to the
equipment/technology and its outcomes.
Page 14 of 14
DocuSign
Certificate Of Completion
Envelope Id 7D0758E054A94358BD40B0777472C451 Status.Completed
Subject Please DocuSign Commerce Contract#524-34444-016_CSU
Division.
Community Services and Housing
Program CSU
ContractNumber S24-34444-016
DocumentType•Contract
Source Envelope
Document Pages. 15 Signatures 2 Envelope Originator
Certificate Pages 6 Initials.3 Brandi Darden
AutoNav Enabled 1011 Plum Street SE
Envelopeld Stamping Enabled MS 42525
Time Zone.(UTC-08.00)Pacific Time(US&Canada) Olympia,WA 98504-2525
brandi.darden@commerce.wa.gov
IP Address 147 55 149 150
Record Tracking
Status Original Holder Brandi Darden Location DocuSign
2/28/2024 4.12:42 PM brandi.darden@commerce.wa.gov
Security Appliance Status.Connected Pool.StateLocal
Storage Appliance Status Connected Pool Washington State Department of Commerce Location DocuSign
Signer Events Signature Timestamp
Kaitlin Jones (—DS Sent 2/28/2024 4 15 54 PM
Kaitlin jones@commerce wa gov I ) Viewed 2/28/2024 4 16.24 PM
Security Level.Email,Account Authentication Signed.2/28/2024 4.16.29 PM
(None)
Signature Adoption Pre-selected Style
Using IP Address 198 239 10 212
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Abigail Snyder Sent 2/28/2024 4 16 30 PM
abigail.snyder@commerce.wa gov QS Viewed 2/29/2024 5 37 45 AM
Security Level Email,Account Authentication Signed•2/29/2024 538 39 AM
(None),Login with SSO
Signature Adoption Pre-selected Style
Using IP Address. 198.239.106.205
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kate Kelly 7—Ds Sent 2/29/2024 538 40 AM
kate kelly@commerce wa gov Viewed:2/29/2024 7.52.03 AM
Security Level Email,Account Authentication Signed 2/29/2024 7 52 24 AM
(None)
Signature Adoption. Uploaded Signature Image
Using IP Address 198 239 10 153
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Dave Zabel! c—DocuSfpned by:
Sent:2/29/2024 10:24:53 AM
dave.zabell@yakimawa.gov � -� �' Viewed:2/29/2024 11.47.46 AM
•--83318D1E786C46A.
City Manager Signed:2/29/2024 11.48.59 AM
Security Level.Email,Account Authentication
(None) Signature Adoption.Drawn on Device
Using IP Address.205 172 45.253
Electronic Record and Signature Disclosure:
Accepted:2/29/2024 11:47:46 AM
ID:40d901d5-4852-4287-bc96-0577121cab74
Cindy Guertin-Anderson —DocuSgned by: Sent.2/29/2024 11.49 01 AM
cindy.guertin-anderson@commerce.wa gov oa � Viewed 3/1/2024 4:24:15 PM
Assistant Director,Commerce •--6A86C98618494EF Signed.3/1/2024 4 24 46 PM
Security Level:Email,Account Authentication
(None) Signature Adoption.Pre-selected Style
Using IP Address 198 238 8 188
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Tory Adams Sent.2/29/2024 7 52 26 AM
VIEWED
Tory.adams@yakimawa.gov Viewed:2/29/2024 10.24.53 AM
Lieutenant
City of Yakima Using IP Address:205.172.45.253
Security Level Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:2/29/2024 10:24:53 AM
ID.8d b3b644-b53f-4cf5-b95f-bb9909823115
Carbon Copy Events Status Timestamp
Tory Adams COPIED Sent 3/1/2024 4 24 47 PM
Tory.adams@yakimawa.gov
Lieutenant
City of Yakima
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted.2/29/2024 10.24.53 AM
ID.8db3b644-b53f-4cf5-b951-bb9909823115
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/28/2024 4 15 54 PM
Certified Delivered Security Checked 3/1/2024 4:24:15 PM
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 3/1/2024 4.24:46 PM
Completed Security Checked 3/1/2024 4.24.48 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on 8/11/2020 4 44 12 PM
Parties agreed to Dave Zabel!,Tory Adams,Tory Adams
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce(we, us or Company)may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure(ERSD), please confirm your agreement by selecting the check-box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days)after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure,we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name,mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for
your future reference and access; or(ii)that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.
1
/--%. .'a\
\". _
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: March 19, 2024
ITEM TITLE: Resolution authorizing an interagency agreement with the
Washington State Department of Commerce through the Law
Enforcement Vehicle Pursuit Technology Grant Program
SUBMITTED BY: Matthew Murray, Chief of Police
*Tory Adams, Police Lieutenant
SUMMARY EXPLANATION:
The Washington State Department of Commerce is awarding the City of Yakima$150,000 to
acquire equipment through the Law Enforcement Vehicle Pursuit Technology grant. The
equipment purchased will assist the Yakima Police Department in deterring crime and apprehend
those who commit crimes with a focus on vehicle pursuits.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
O resolution 2/28;2024 Resolution
O contract 3/152024 Contract
O proposal 3/4,2024 Backup Matenal
O budget 3/4'2024 Backup Matenal