HomeMy WebLinkAbout4766 Resolution - Interlocal AgreementRESOLUTION NO. 4766
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY
AGREEMENT BETWEEN WASHINGTON STATE UNIVERSITY AND THE
CITY OF PASCO FOR THE USE OF BODY -WORN CAMERA FOOTAGE FOR
RESEARCH PURPOSES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and,
WHEREAS, Washington State University ("WSU") has requested access to certain Pasco
Police Department body -worn camera footage for approved academic research regarding police -
citizen interactions, including the evaluation of respectful and professional conduct during contacts
between law enforcement officers and members of the public; and
WHEREAS, the proposed Data Use Agreement establishes the terms, conditions,
confidentiality requirements, and security measures governing WSU's access to and use of such
footage for research purposes; and
WHEREAS, the proposed research is expected to provide the Pasco Police Department
with objective information regarding police -public interactions that may assist in evaluating
practices, enhancing training opportunities, and supporting continued efforts to strengthen public
trust and professional service; and
WHEREAS, the City Council of the City of Pasco, Washington, has determined that it is
in the best interest of the City of Pasco to enter into the Interagency Agreement with Washington
State University for the authorized use of body -worn camera footage for research purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council approves the terms and conditions of the Interagency Agreement
between Washington State University and the City of Pasco, a copy of which is attached hereto
and incorporated herein by this reference as Exhibit A; and
Be It Further Resolved, that the 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.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution - ILA - I
Version 1.9.26
PASSED by the City Council of the City of Pasco, Washington, on this 20th day of
July, 2026.
Signed by:
z4imm
Charles Grimm
Mayor
ATTEST:
Signed by:
5
Gabriela Sanchez
City Clerk
Resolution - ILA - 2
Version 1.9.26
APPROVED AS TO FORM:
FVSigned by:
Ogden Murphy Wallace, PLLC
City Attorney
DATA USE AGREEMENT
ORSO# 142041-003
I. PARTIES
1.1 THIS AGREEMENT ("Agreement") is made and entered into by and between
Washington State University ("WSU"), an institution of higher education and an
agency of the state of Washington, and Pasco Police Department ("Department").
In this Agreement, the above entities are jointly referred to as PARTIES.
II. PURPOSE
2.1 This Agreement provides the terms and conditions for a project which is of mutual
interest and benefit to WSU and the Department.
2.2 The performance of such a sponsored project is consistent, compatible, and
beneficial to the academic role and mission of WSU as an institution of higher
education.
2.3 Washington State University desires access for approved research to certain body
camera footage created by the Department ("Footage"), which is part of the
Department's law enforcement records owned and retained by the Department.
This Footage includes de -identifiable information about those on the footage and
is provided only for use in accordance with the use and storage conditions in this
Agreement.
III. DEFINITIONS
3.1 "WSU Project Director(s)" shall be Dr. David A. Makin, a WSU employee,
designated by WSU to be the primary research contact with the Department.
3.2 "Agency Liaison" shall be Chief of Police Brent Cook, a Department
employee, designated by the Department to be the primary contact with the Project
Director.
3.3 "Scope of Work" shall mean the sponsored project, under the direction of the
Project Director, described in Attachment A —Scope of Work.
3.4 "Confidential Information" shall mean information in written, graphic, oral, or other
tangible form protected by trade secret or other right of nondisclosure, including
without limitation algorithms, formulae, techniques, improvements, technical
drawings and data, and computer software, subject to applicable law.
3.5 "Copyright" shall mean any work developed under the Scope of Work that is
subject to copyright under copyright law.
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3.6 "Proprietary Information" means all data, sequences, and any other information
obtained or developed during the course of the Scope of Work, subject to
applicable law.
3.7 "Trademark" shall mean any trade or service marks developed under the Scope of
Work whether or not registered under either state or federal trademark law.
IV. SCOPE OF WORK
4.1 The Department acknowledges that this Agreement is for the performance of the
Scope of Work as defined in Section 3.3 of this Agreement which shall be entitled,
"Analysis of Police Citizen Interactions with the Public.
V. GENERAL TERMS AND CONDITIONS
In consideration of the mutual promises and covenants contained herein, the PARTIES
agree to the following terms and conditions.
5.1 Period of Performance. The specific period of performance for the Scope of Work
shall be upon execution of this Agreement to June 25, 2029, unless a time
extension is mutually agreed upon in writing between the PARTIES in accordance
with Section 5.15, Amendments.
5.2 Equipment. (RESERVED)
5.3 Key Personnel. The WSU Project Director may select and supervise other project
staff as needed to perform the Scope of Work. No other person will be substituted
for the Project Director except with the consent of the Department. The Project
Director and the Agency Liaison shall mutually define the frequency and nature of
these communications.
5.4 Confidential Information.
5.4.1 To the extent allowed by law, WSU and the Department agree to use
reasonable care to avoid unauthorized disclosure of Confidential
Information, including, without limitation, taking measures to prevent
creating a premature bar to a United States or foreign patent application.
Each party will limit access to Confidential Information received from
another party hereto to those persons having a need to know. Each party
shall employ the same reasonable safeguards in receiving, storing,
transmitting, and using Confidential Information that prudent organizations
normally exercise with respect to their own confidential information of
significant value.
5.4.2 Confidential Information shall include written, graphic, or oral
communication. Confidential Information shall not be disclosed by the
receiving party to a third party for a period of five (5) years from receipt of
such information or until a patent is published or the Confidential
Information is published by the disclosing party or unless the disclosing and
receiving parties agree otherwise and in writing at the time of disclosure.
Third parties shall include all governmental offices.
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5.4.3 Confidential Information shall not include information which:
5.4.3.1 was in the receiving party's possession prior to receipt of the
disclosed information;
5.4.3.2 is or becomes a matter of public knowledge through no fault
of the receiving party.
5.4.3.3 is received from a third party without a duty of confidentiality.
5.4.3.4 is independently developed by the receiving party.
5.4.3.5 is required to be disclosed under operation of law.
5.4.3.6 is reasonably ascertained by WSU or the Department to
create a risk to a trial subject or to public health and safety.
5.4.4 It is understood that as an educational institution of the state of
Washington, WSU is subject to Washington state laws and regulations, including
the Washington Public Records Act, Chapter 42.56 RCW. It is also understood that
the Department is subject to the Public Records Act. If a Public Disclosure Act
request is made to view Department's Confidential Information, WSU will promptly
notify Department of the request, such that Department has the opportunity to seek
a court order enjoining disclosure. WSU will work collaboratively Department to
identify any applicable exemption(s) to disclosure and appropriately redact the
information to be released. The release of data will be limited to only those records
that must be released to comply with the request.
5.5 Safeguards and Security Measures.
5.5.1 The safeguards and security measures in this section are to preserve the
confidentiality and security of the data within the files that are the subject
of this Agreement. WSU agrees to adopt, at minimum, the security
safeguards and procedures described in this section.
5.5.2 WSU shall access and code video Footage only through the Evidence.com
system and shall employ the following protocols and restrictions to ensure
the confidentiality of the Footage.
5.5.3 Each individual researcher or coder that Dr. David A. Makin authorizes to
access the Footage must complete CITI training on Human Subject
Research as required by the WSU Institutional Review Board; sign an
individual confidentiality agreement; receive a background check CJIS
Level 2 certification; and be cleared to participate by the Department.
Fingerprinting and background checks will be provided by the Pullman
Police Department.
5.5.4 All coders who while accessing the Footage encounter any image or other
identifiable information regarding a person with whom they are personally
acquainted shall stop coding immediately and report the incident to Dr.
David A. Makin and the lab manager. Dr. David A. Makin shall assign
another coder to code the video.
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5.5.5 According to the approved WSU Institutional Review Board, encrypted de -
identified data shall refer to the confidential linked ID, which is generated
in the data. This confidential linked ID de -identifies the officer, ensuring the
data and any performed analysis cannot be tracked to a specific agency or
officer.
5.5.6 WSU will be provided access to the footage only via Evidence.com. Limited
Access accounts will be provided via individual accounts to access the
Evidence.com system. Access shall require two -stage authentication and
IP logging. To the extent practicable, WSU will use IP verification of the
computer to enable only the computers in Dr. David A. Makin's laboratory
to access Evidence.com. Coders will then review the footage through
Evidence.com. They will not be able to download any information from
within the system. No video information will be stored on the WSU network
files and will be encrypted as set forth above.
5.5.7 Limited access accounts will be provided for each coder such that a coder
will have access to only videos from the Department's Use of Force,
Criminal Code Violations, and Traffic categories. If any researcher or coder
encounters any portion of the Footage recorded inside a home or medical
facility, the coder shall discontinue access to the Footage and report this to
Dr. Makin. Dr. Makin will ensure those portions of the Footage are made
unavailable to the researchers and coders.
5.5.8 To the extent not in conflict with this Agreement, the security terms in the
protocol for the approved research shall also be adhered to and are
incorporated in this Agreement as if set out in full.
5.6 Publication. WSU reserves the right to publish or permit to be published by WSU
employees the results of the Scope of Work undertaken by WSU employees. To
prevent untimely disclosure or exploitation of the Department's Confidential
Information, WSU shall provide the Agency Liaison with a copy of any proposed
publication resulting from the Scope of Work at least thirty (30) days prior to
submission for publication. The Department shall have thirty (30) days (the "Pre-
publication Review Period") from receipt of the draft to review the proposed
publication. If the Department determines that Department Confidential
Information is included in the proposed publication, WSU will at the Department's
request remove the Department's Confidential Information prior to submission for
publication. If the proposed draft publication contains Department Confidential
Information, the Department may request that WSU's submission of the draft for
publication be delayed for up to sixty (60) days beyond the end of the Pre-
publication Review Period. If the Department seeks to delay publication, the
Department shall make such request in writing prior to the expiration of the Pre-
publication Review Period together with identification of the information or
materials of concern and reasons why delay is warranted. Department may delay
publication by ninety (90) days to allow WSU or the Department, as the case may
be, to seek patent protection.
5.7 Publicity. The Department shall not include the name of Washington State
University, WSU, Washington State University Research Foundation, WSURF, or
any of either entity's Trademarks in any advertising, sales promotion, or other
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publicity matter without prior written approval of the President of WSU or their
designee.
5.8 Termination for Convenience. This Agreement may be terminated by either party
hereto upon written notice delivered to the other party at least thirty (30) days prior
to the intended date of termination. By such termination, neither party may nullify
obligations already incurred prior to the date of termination.
5.9 Termination for Cause. In the event either party shall commit any material breach
of or default in any terms or conditions of this Agreement, and also shall fail to
remedy such default or breach within sixty (60) days after receipt of written notice
thereof, the non -breaching party may, at its option and in addition to any other
remedies which it may have at law or in equity, terminate this Agreement by
sending notice of termination in writing to the other party to that effect. Termination
shall be effective as of the day of receipt of such notice.
5.10 Termination Obligations. Termination of this Agreement shall not relieve either
party of any obligations incurred prior to the date of termination.
5.11 Data Rights. Copyright in all material created by WSU and paid for by the
Department as part of this Agreement shall be the property of WSU, subject to
applicable law. Both the Department and WSU may use these materials for
research purposes. This material includes, but is not limited to: books, computer
programs, documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and/or training materials. Material which WSU provides and uses
to perform this Agreement but which is not created for or paid for by the
Department shall be owned by WSU or such other party as determined by
Copyright Law and/or WSU's internal policies; however, for any such materials,
WSU herby grants (or, if necessary and to the extent reasonably possible, shall
obtain and grant) a perpetual, royalty free, non-exclusive research license to the
Department to use the material for the Department's non-commercial internal
purposes.
5.12 Dispute Resolution. Except as otherwise provided in this Agreement, when a
dispute arises between the PARTIES and it cannot be resolved by direct
negotiation, any party may request a dispute resolution panel (DRP). A request for
a DRP must be in writing, state the disputed issues(s), state the relative positions
of the PARTIES, and be sent to all PARTIES. PARTIES must provide a response
within thirty (30) days unless the PARTIES mutually agree to an extension of time.
Each party shall designate a representative. The representatives shall mutually
select an additional member. The DRP shall evaluate the facts, Agreement terms,
and applicable statutes and rules and make a determination by majority vote. The
decision is binding on the PARTIES.
Nothing in this Agreement shall be construed to limit the PARTIES' choice of a
mutually acceptable dispute resolution method in addition to the dispute resolution
procedure outlined above.
5.13 Disclaimer. WSU MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE
CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR ANY
INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT
MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP,
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MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
SPONSORED PROJECT, SCOPE OF WORK, OR RESULTING PRODUCT.
5.14 Indemnity. Each party to this Agreement agrees to be responsible for the liabilities
arising out of their own conduct and the conduct of their officers, employees, and
agents.
5.15 Amendments. This Agreement may be amended by mutual agreement of the
PARTIES. Such amendments shall be in writing and signed by personnel
authorized to bind each of the PARTIES.
5.16 Assignment. The work to be provided under this Agreement, and any claim arising
hereunder, is not assignable or delegable by either party in whole or in part, without
the express prior written consent of the other party, which consent shall not be
unreasonably withheld.
5.17 Notices. Any notice or communication required or permitted under this Agreement
shall be delivered by overnight courier, or by registered or certified mail, postage
prepaid and addressed to the party to receive such notice at the address given
below or such other address as may hereafter be designated by notice in writing.
Notice given hereunder shall be effective as of the date of receipt of such notice:
WSU:
Name/Title: David A. Makin
Address: Washington State University
Department of Criminal Justice
719 Johnson Tower
City/State/Zip: Pullman, WA 99164-3140
CITY:
Phone: (509) 335-2455
Email: dmakin(cDwsu.edu
Name/Title: Brent Cook/Chief of Police Phone: (509) 545-3437
Address: 215 W. Sylvester
Email: cookb@pasco-wa.gov
City/State/Zip: Pasco, WA 99301
5.18 Governing Law. This Agreement 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 of Whitman County.
5.19 Compliance with Laws. The Department understands that WSU and the
Department are subject to United States laws and federal regulations, including
the export of technical data, computer software, laboratory prototypes and other
commodities (including the Arms Export Control Act, as amended, and the Export
Administration Act of 1979), and that the Department's and WSU's obligations
hereunder are contingent upon compliance with applicable United States laws and
regulations, including those for export control.
5.20 Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the
other provisions of this Agreement which can be given effect without the invalid
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provision, if such remainder conforms to the requirements of applicable law and
the fundamental purpose of this Agreement, and to this end the provisions of this
Agreement are declared to be severable.
5.21 Order of Precedence. In the event of an inconsistency in this Agreement, the
inconsistency shall be resolved by giving precedence in the following order:
1. Applicable statutes and regulations;
2. Terms and Conditions contained in the basic Agreement;
3. Attachment A —Scope of Work;
4. Any other provisions incorporated by reference or otherwise into this
Agreement.
5.22 Complete Agreement. This Agreement contains all the terms and conditions
agreed upon by the PARTIES. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind
any of the PARTIES hereto.
5.23 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the
same Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the later of
the signature dates included below.
WARWiNr.TrW cTnTE UNIVERSITY PASCO POLICE DEPARTMENT
G Digitally signed by Maria J 919ud by:
! Hernandez I ._.� p 1 S�af
natP• ?mF m T� 1 F•ne•s� m nn �f�w x `—
Name: Maria Hernandez Name: Harold Stewart
Title: AVP of Research Operations Title: City Manager
Date:
WSU DUA — Pasco Police Department
Date: 7/22/2026
Page 7 of 8
ATTACHMENT A — SCOPE OF WORK
ORSO # 141780-005
The proposed Scope of Work involves coding body -worn camera (`BWC") footage of police
interactions to understand the objective use of procedural justice and presence of incivility
associated with police contacts. WSU will perform the following tasks:
1. Develop an objective instrument benchmarking the presence of procedural justice and
incivility.
2. View, code, and analyze a sample of incidents involving police contacts with members of
the public.
The proposed work will be completed over the period of this Agreement. See, Section 5.1 of the
Agreement. This research has received approval by the WSU IRB. Pending funding, proposed
corresponding activities and deliverables include:
Effort 1: Coding of BWC Footap-e
• View, code, and analyze interactions associated with police contacts.
Effort 2: Data Analysis
• Data cleaning and preparation.
• Data analysis.
• Result evaluation.
Effort 3 Summary Ret)ort
• Submit a summary report of the benchmarking activity.
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