HomeMy WebLinkAboutYakima Valley Community College - MOU re: eListen Survey System Ya imo C Contract Number:
Y akima Cam
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Y � Valley
C ommunity Col egg p
South Sixteenth Ave. & Nob Hill Blvd P.O. Box 22520 Yakima, WA 98907 -2520
Phone: (509) 574 -4600
FAX: (509) 574 -6860
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF YAKIMA AND YAKIMA VALLEY COMMUNITY COLLEGE
This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU ") is executed by and between
the CITY OF YAKIMA, WASHINGTON, a Washington State municipal corporation (hereinafter "City ")
and Yakima Valley Community College (hereinafter "YVCC ").
WHEREAS, the City of Yakima Police Department, with the assistance of local community
organizations, gathers information related to law enforcement emphasis patrols through surveys of the
local population; and
WHEREAS, YVCC has specialized resources, including computer equipment, that can be used to
analyze survey responses into a report that provides count and percent to aid the Yakima Police
Department in improving its performance of crime detection and prevention services; and
WHEREAS, crime detection and prevention is a benefit to YVCC as well as to the entire
community in which YVCC is located;
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth
herein, it is agreed by and between the City and YVCC as follows:
1. Term. This MOU shall be effective upon execution and shall continue until terminated by either
party in accordance with Section 16 of this MOU. Either party may review the terms of this MOU
annually or at any time it deems necessary. Any agreed -upon modifications shall be made in
accordance with Section 10 of this MOU.
2. YVCC Responsibilities. YVCC shall:
a. Assign a new user year in an electronic survey and data collection tool known as eListen
to the survey regarding law enforcement that was developed in 2007.
b. Provide URL of online database to be used for data entry of survey responses to the City
of Yakima designee responsible for overseeing data entry of the survey.
c. Once the survey data has been entered and YVCC is notified that data entry is complete,
YVCC will run the eListen survey reports and create a survey summary that will be
emailed in Adobe Portable Document Format (PDF) to the City of Yakima designee.
d. Provide basic survey analysis in the form of count and percent of survey responses and a
listing of text responses.
e. Maintain the eListen system for conducting the 2008 survey and notify the City of Yakima
designee if there are technical errors that could result in the inability to run the survey or
conduct the eListen analysis feature.
YVCC does not guarantee the accuracy of the information provided to it nor the scientific reliability of the
statistical analyses performed using the eListen program analysis feature.
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3. City of Yakima Responsibilities. The City shall:
a. Specify the area(s) included in each emphasis patrol to YVCC so that a urls can be
assigned for each area.
b. Use the same survey format and questions from the 2007 survey and create a paper
version that clearly identifies different emphasis areas so that appropriate data entry and
analysis can be done (in 2007 this was done by naming one emphasis area "Black" and
the other "Blue ").
c. Disseminate the survey to the public in relation to YPD identified neighborhoods and
return completed surveys to the appropriate City designee.
d. Input the survey data to the eListen system and contact YVCC when the data entry is
completed so that a report can be run.
e. Accept the eListen survey report and request additional eListen survey analysis if it is
desired.
f. Use the results of the survey to make efforts to improve the Yakima Police Department's
detection and prevention of crime in the local community.
4. Consideration. The parties agree that each other's agreement to the terms and conditions of
this MOU are of essentially equal value and that the public is best served by this MOU.
5. Administration. This MOU shall be administered by the Yakima Police Chief or his designee
and the President of YVCC or her designee.
6. Independent Contractor Status of YVCC. YVCC and the City understand and expressly agree
that YVCC is an independent contractor in the performance of each and every part of this Agreement.
YVCC, as an independent contractor, assumes the entire responsibility for carrying out and
accomplishing the services required under this Agreement. Additionally, and as an independent
contractor, YVCC and its employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and /or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or agency
between YVCC or any officer, employee or agent of YVCC and the City.
7. Title to Property Supplied and Works. All finished or unfinished documents and materials
prepared by YVCC pursuant to this MOU or prepared with the assistance of YVCC pursuant to this MOU
shall belong to the City. No material produced in whole or in part under this MOU shall be subject to
copyright in the United States or in any other country. The City shall have unrestricted authority to
publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials
prepared under this MOU.
8. No Third Party Rights. This MOU is entered into for the sole benefit of the City and YVCC. It
shall confer no benefits or rights, direct or indirect, on any third persons, including employees of the
parties. No person or entity other than the parties themselves may rely upon or enforce any provision of
this MOU. The decision to assert or waive any provision of this MOU is solely that of each party.
9. Severability. Whenever possible, each provision of this MOU shall be interpreted in such a
manner as to be effective and valid under applicable law. Any provision of this MOU which shall prove to
be invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions
hereof, and such other provisions shall remain in full force and effect. Any provision of this MOU in direct
conflict with any statutory provision of the State of Washington shall be deemed modified to conform to
such statutory provision.
10. Integration, Supersession, and Modification. This MOU sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any and all prior
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negotiations, discussions, understandings, and agreements between the parties as to the subject matter
hereof, which are hereby declared terminated and of no further force and effect. There are no terms,
conditions, or agreements with respect thereto, except as herein provided and no amendment or
modification of this MOU shall be effective unless reduced to writing and executed by the parties.
11. Non - Waiver. The waiver by YVCC or the City of the breach of any provision of this MOU by the
other party shall not operate or be construed as a waiver of any subsequent breach by either party or
prevent either party thereafter enforcing any such provision.
12. 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: Police Chief
City of Yakima Police Department
200 South Third Street
Yakima, WA 98901
TO YVCC: President
Yakima Valley Community College
P.O. Box 22520
Yakima, WA. 98907 -2520
or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands
shall be sent 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.
13. Survival. Any provision of this MOU that imposes an obligation after termination or expiration of
this MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this
MOU.
14. Governing Law. This MOU shall be governed by and construed in accordance with the laws of
the State of Washington.
15. Venue. The venue for any action to enforce or interpret this MOU shall lie in the Superior Court
of Washington for Yakima County, Washington.
16. Termination. Either party may terminate this MOU, with or without cause, by giving the other
party written notice of termination to be effective immediately.
YAKIMA VALLEY
COMMUNITY COLLEGE CITY OF YAKIMA
Signature: 3 Signature.
Typed N- '• Linda J. Kaminski, Ed.D. Typed Name: R. A. is, Jr
Title: President Title: City Manager
Date: i/0 Date: _s, p
ATTEST:
CITY CONTRAC
RESOt.UTION NO
City Clerk
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Contract Number:
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STANDARD TERMS AND CONDITIONS
A. INDEMNIFICATION CLAUSE: YVCC agrees to assume responsibility for any act of its employees, officers, agents,
and attorneys for which it would be deemed legally liable.
The Independent Contractor(s) agrees to assume responsibility for any acts of its employees, officers, agents, and
attorneys for which it would be deemed legally liable.
B. STATEMENT OF SELF - INSURANCE: The State of Washington, including all its agencies and departments, is self -
insured for all exposure to tort liability, property damage liability, and vehicle liability as provided for in the Risk
Management Act, Revised Code of Washington, Chapter 43.19.19362.
THE TORT CLAIMS ACT, RCW 4.92 et seq., provides the fundamental remedy for all liability claims against the
State. Such claims must be filed with the State Office of Risk Management for processing according to statute.
C. LOSS LIABILITY: In the event of the loss, damage or destruction of the supplies, equipment and materials YVCC
shall assume no responsibility for the reimbursement, replacement thereof, or costs and expenses incident thereto.
D. ASSIGNMENT: This agreement may not be assigned without prior written consent of YVCC.
E. SUSPENSION: Without affecting any rights of cancellation or termination set forth in this agreement, either party may
suspend this agreement at any time because of labor dispute or disruption of its personnel, war, the declaration of
state of national emergency, acts of God or the public enemy, or any other compelling cause by giving the other party
prior written notice of such suspension and the reason for same. Such written notice must be given at least five
(5)days prior to proposed date of suspension. Payments to be made and services to be rendered hereunder shall be
made and rendered to the date of such suspension and shall thenceforth cease until the period of such suspension
has ended.
F. TERMINATION:
1. Termination of Agreement for Cause: If, through any cause, the independent contractor(s) shall fail to fulfill in a
timely and proper manner, its obligation under the agreement, or if the independent contractor(s) shall violate any
of the covenants, agreements, assurances or stipulations of the agreement, YVCC shall have the right to
terminate this agreement by giving written notice to the independent contractor(s) at the address first noted
herein, of such termination and specifying the effective date thereof, at least ten (10) days before the effective
date of such termination.
2. Termination of Agreement for Convenience of the District: YVCC may terminate this agreement by giving written
notice to the independent contractor(s) at the address first noted herein of such termination and specifying the
effective date thereof, at least thirty (30) days before the effective date of such termination.
G. RELATIONSHIP OF THE PARTIES: This agreement is not intended to and shall not create a
relationship such as partnership, franchise, community of interest, joint venture, agency, or
employment relationship. Neither party may act in a manner, which expresses or implies a
relationship other than that of independent contractor nor bind the other party.
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