HomeMy WebLinkAboutMaike & Associates, LLC - MOU for Nondisclosure and Coonfidential Data Shari MEMORANDUM OF AGREEMENT
FOR NONDISCLOSURE AND CONFIDENTIAL DATA SHARING
BETWEEN
THE CITY OF YAKIMA
AND
MAIKE & ASSOCIATES, LLC
This Memorandum of Agreement("MOA")is made between the City of Yakima and Maike&Associates LLC, and
their representative("Agency").Collectively,the aforementioned will be referred to as"Parties".
The purpose of this MOA is to provide for interagency cooperation relating to the sharing of data in the context of
Project Safe Neighborhoods—Eastern District of Washington—Strategic Action Plan("Strategic Action Plan"or
"SAP)and the related federal grant.
RECITALS
WHEREAS,it is in the public interest to share data/information.
WHEREAS,intelligence-led policing strategies are data-driven. Parties agree that to gain a better understanding of
the underlying dynamics driving gun and gang-related violent crimes, PSN partners—the City of Yakima Police
Department and the Yakima County Sheriffs Department, Research Partner will examine recent serious and
violent crime data as well as other types of incidents with the purpose of developing both strategic intelligence on
the people, places, and contexts generating violence,as well as tactical intelligence to enhance enforcement,
intervention and prevention strategies.
WHEREAS, it is paramount to protect the privacy and confidentiality of data not appropriate for disclosure or
general knowledge.
WHEREAS,it is prudent to safeguard the liability of the City of Yakima and establish clear responsibilities in the
event of accidental damage,injury or death.
NOW,THEREFORE in consideration of the foregoing recitals and other good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged,the Parties agree to the following terms and conditions:
AGREEMENT
As part of the implementation of the Bureau of Justice Assistance funded FY2018 Project Safe Neighborhoods
(PSN)grant,the following data will be shared by Yakima Police Department monthly and utilized by the Agency for
Federal reporting purposes and project evaluation:
• Crime incident data for the following: Homicides,Aggravated Assaults, Robbery,and Rape[insert
other agreed upon performance measures as necessary];
• Data will indicate whether gang and/or firearm involved in offense,if available;
• Data will also include information on shots-fired reports(i.e.fatal and non-fatal shootings)
beginning January 2019.
Justification:These data were selected as a means of understanding the impacts on violent and gun-violence
related crimes within the focus area(s);further to meet the federal reporting requirements as outlined in the
grant's specific terms and conditions.Analysis of these indicators on an ongoing basis by law enforcement and
research partners can not only measure project effectiveness,but also assist in the development of enforcement
strategies. Finally, PSN recommends regular tracking and analysis of key crime indicators to understand crime
trends and to develop strategies to address these as appropriate.
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1. Term of Agreement
This agreement is in effect upon signature of all Parties and shall remain in effect until terminated by one or
both Parties.
Points of Contact
City of Yakima Contact Agency Contact
Jay Seely,Captain Michelle Maike
509-576-6319 360-457-9766
Jay.seelv@vakimawa.gov mmaike@olypen.com
200 S.3`d St. 213 Elwha Bluffs Rd
Yakima,WA 98901 Port Angeles WA 98363
2. Data Security and Confidentiality:
a. The Agency will periodically request data from the.City of Yakima Police Department. The City of
Yakima agrees to provide requested data to the extent possible(and in compliance with any applicable
laws). Each request for data must be submitted to City of Yakima Police Department in writing and is
subject to the terms and conditions of this agreement. Any and all materials,information or
confidential knowledge and/or data ("data/information")sharing will be governed by any relevant
federal and state statutes governing release of information, including, but not limited to,28 CPR Part 22
(Confidentiality of Identifiable Research and Statistical Information);4:2 CPR Part 2(Federal
Confidentiality Regulation); RCW 10.97.050(Washington State Criminal Records Privacy Act);RCW
13.50(Keeping and Release of Records by Juvenile Justice or Care Agencies);RCW 42.56(Public Records
Act);City of Yakima and City/County policy and procedures;as well as any collective bargaining
agreements.
b. The Agency will store and maintain data/information in a secure manner that ensures access is limited
only to persons authorized under this agreement.Material data/information includes,but is not
limited to, physical copies of source records(example:police reports, non-public materials), hard drives,
or other physical memory storage devices.
c. The Agency will comply with the requirements of all related laws, policies, and procedures,and
agreements related to data security and confidentiality.The Agency will not share any data/
information to persons and organizations other than its employees,staff,or Parties and then only as
reasonably necessary to complete the scope of work as indicated in the PSN SAP and the Agency's
contractual obligations with WASPC.The Agency agrees to restrict access to data/information by
providing only the minimum access necessary to complete a task or analysis included in the scope of
work.
3. Other Uses of Data:
The information/data disclosed to the Agency pursuant to this MOA will be used for no other purpose than
what is specifically described in the scope of work in the consultant contract entered into by the Agency and
Eastern District of Washington, unless the Agency obtains prior written approval by the City of Yakima to
use such information/data for other purposes.
4. Monitoring:
The Agency understands that the City of Yakima has the right to inquire and/or inspect how the Agency is
using data at any time.The Agency will respond to the City of Yakima inquiries in good faith and in a timely
manner and will,to the extent possible,consult with the City of Yakima about research design and methods.
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5. Authorized Access and Data Sharing
The signer may grant persons or entities("sub-recipients")access to data/information provided under this
agreement.All provisions of this agreement apply to sub-recipients and the Agency assumes all
responsibility and liability on behalf of the sub-recipient.
6. Hold Harmless
The Agency shall defend,indemnify and hold any Party or Parties, including their officers,officials,
employees and volunteers,harmless from any and all claims,injuries,damages,losses or suits,including
attorneys'fees,arising out of, or as the result of,acts,errors or omissions of the Agency in performance of
this agreement—except for damages caused by the sole negligence of another Party or Parties.
7. Modification or Termination of Agreement:
This MOA may be modified or amended by written agreement of all Parties.Any Party may initiate requests
for modification and amendments to this MOA.This MOA may be terminated by the City of Yakima,subject
to 30-days prior notice. In the event of a breach (suspected or proven)of the Data Security and
Confidentiality(paragraph 2 above)provision,the City of Yakima may terminate this agreement
immediately upon written notice to Agency and may request the return of any and all confidential data,
materials and information,which Agency agrees to provide without retaining any copies.
IN WITNESS WHEREOF,the parties have executed this Agreement by having legally binding representatives affix
their signature below.
Maike City of YAKIMA
cn= Ic e le . Male,o,ou,
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Date:2018.11.08 08:38:10-08'00'
Michelle M. Maike Cliff Moore
Director City Manager
Date: November 8, 2018 Date:
CITY CONTRACT NO: 262/6-iC 7
RESOLUTION NO: 0/e
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