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MEMORANDUM OF UNDERSTANDING CITY LEGAL DEPT,
Between
The Center for Court Innovation /Fund for the City of New York
and City of Yakima
This MEMORANDUM OF UNDERSTANDING is entered into on August 1, 2016
between:
The Center for Court Innovation (the "Center ")
located at 520 8th Avenue — 18` floor, NY, NY 10018
AND
City of Yakima, (the "Client ")
located in Yakima, Washington
regarding adoption of the public domain Criminal Court Assessment Tool ( "CCAT ").
THE PARTIES AGREE to the following:
A. Purpose
The purpose of this Memorandum of Understanding is to establish a general framework for data
sharing between the Center and the Client arising from the client's adoption of the CCAT.
Specifically, the Center will provide access to the CCAT online system, initial training on using
the CCAT and the online system, and ongoing technical assistance with respect to the use of the
tool. The Client will use the CCAT to assess defendants referred to the City of Yakima
Community Diversion Program with the purpose of developing risk - informed supervision and
treatment plans.
B. Background
The Center for Court Innovation seeks to create a more effective and humane justice system by
designing and implementing operating programs, performing original research, and providing
reformers around the world with the tools they need to launch new strategies. The CCAT is a set
of risk -needs assessment tools that predict an individual's risk of re- offending, while also
screening for important needs that should be targeted to reduce risk, including education,
employment, housing, substance use, criminal thinking, mental illness, and trauma. The Center
for Court Innovation, with support from the Bureau of Justice Assistance ( "BJA "), developed the
CCAT to fill a gap in existing risk assessment tools, many of which have been designed
primarily to screen for risk based on static factors, such as criminal history, or are too lengthy to
administer in a high - volume setting (e.g., arraignment). The perspective of the Center is that the
CCAT is to be used to support the risk - informed use of alternatives to incarceration. The tool is
not intended to be relied upon for sentencing or release decisions.
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The CCAT is in the public domain and is therefore free for adoption by any jurisdiction or
agency that wishes to use the tool. The research and technical assistance teams at the Center
provide no -cost training and technical assistance ( "TTA ") to select jurisdictions ( "Clients ").
Those jurisdictions receiving TTA from the Center may also elect to use the online system for
collecting CCAT data, developed jointly by the Center's research and technology departments.
Client jurisdictions utilizing the online system are agreeing to store CCAT data on the Center's
secure server, hosted by Enciva. The Client understands that a security breach at the Center or
Enciva could compromise the security of their data.
C. Indemnification
The Client shall indemnify, defend, save and hold harmless the Center and the Fund, its officers,
agents, employees and volunteers (hereinafter referred to as "Indemnitee ") from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys'
fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as
"Claims ") for bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of the Client or any of its owners, officers, directors, agents, employees
or subcontractors. This indemnity includes any claim arising out of the failure of the Client to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is
the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified
by the Client from and against any and all claims. It is agreed that the Client will be responsible
for primary loss investigation, defense and judgment costs where this indemnification is
applicable. The Client agrees to waive all rights of subrogation against the Center and the Fund,
its officers, officials, agents and employees for losses arising from the Project.
The Center and the Fund shall indemnify, defend, save and hold harmless the Client, its officers,
agents, employees and volunteers from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as "Claims ") for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, which result from the sole negligent or willful acts or
omissions of the Indemnitee or any of its owners, officers, directors, agents, employees or
subcontractors.
If any suits, judgments, actions, claims or demands arise out of or in connection with the
negligent acts and /or omissions of both the Indemnitee and the Client or their officers, agents,
employees and volunteers pursuant to this Memorandum of Understanding, each party shall be
liable for its proportionate share of negligence for any resulting suits, judgments, actions claims,
demands, damages and costs and expenses, including "reasonable attorneys" fees.
The term of this section shall survive any expiration or termination of this Agreement.
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Nothing in this Section or this Agreement shall be construed to create a liability or a right of
indemnification in any third party.
Consent to Jurisdiction /Forum Selection Clause:
The Center, the Fund and the Client agree that all actions or proceedings arising in connection
with this Agreement shall be tried and litigated exclusively in the State and Federal courts
located in the City of New York, State of New York. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive in nature, thereby precluding the
possibility of litigation between the parties with respect to or arising out of this Agreement in any
jurisdiction other than that specified in this paragraph.
D. Use of the CCAT and Data Sharing
The Client understands that adoption of the CCAT online system will entail storage of case -level
defendant data on the Center's secure server, hosted by Enciva, which includes, at minimum:
• Unique individual identifiers: name, date of birth, state criminal justice identifier, docket
number(s)
• Criminal history and current case data (charge type and arrest date)
• Risk and need assessment responses
• Risk score
• Risk category
Access to such data will be restricted to those Center staff members working directly with the
client regarding the use of the CCAT and /or Center staff working on the development of the
assessment system or online platform for CCAT. De- identified data may be included in research
or evaluation work conducted by the Center only with the explicit permission of the Client's
jurisdiction via a separate MOU. Identifiable data from the client jurisdiction will not be
disclosed by the Center for any reason.
The Center will provide technical assistance regarding the application of risk data arising from
the CCAT, including assistance in developing protocols for applying the data to case
management decisions and /or specifying access to risk data within the Client's jurisdiction;
however, restrictions on the use of risk information are ultimately the responsibility of the Client.
E. Intellectual Property
The Client agrees that any materials utilized as a result of this agreement, specifically the
original or amended CCAT assessment tools, shall be the property of the Center. The Center
acknowledges that BJA retains a royalty -free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use, the materials arising from this project
for purposes consistent with BJA's mission.
F. Term and Termination
The term of this Memorandum of Understanding shall commence on August 1, 2016 and will
terminate upon agreement of both parties.
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The Center shall retain and provide the Client access to records which are related to the Services
performed by the Center for a period of three (3) years following the termination of this
Memorandum of Understanding. The term of this section shall survive any expiration or
termination of this Agreement.
The signatures below acknowledge each of the parties' approval of the terms included in this
Memorandum of Understanding. Any changes, including the term of this Memorandum of
Understanding, must be agreed to by both parties in writing.
IN WITNESS WHEREOF, the parties hereto execute this Memorandum of
Understanding as of the date first set forth above.
CITY OF YAKIMA CENTER FOR COURT INNOVATION
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Cliff Moo Michael Rempel
City Manager Director of Research
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City Contract No.: 2 0/ 6 -/ <f f
Resolution No.: 17 4'
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