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HomeMy WebLinkAboutRes-2019-199 MoUBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019-L cl RESOLUTION SPECIFYING FUNDING FOR THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN KITTITAS COUNTY SUPERIOR COURT AND MERIT RESOURCES WHEREAS, the Kittitas County Superior Court has established a drug court; and WHEREAS, the Board of Kittitas County Commissioners has funded the on-going Drug Court program; and WHEREAS, the Board of Kittitas County Commissioners finds that the Kittitas County Superior Court Drug Court has provided and continues to provide a valuable service to the community; and WHEREAS, Resolution 2005-108 established Fund 115 (Trial Court Improvement Fund); and WHEREAS, the local judicial authority has stated its collective desire that a portion of the Fund 115 be used to provide funding for the MOU with Merit Resources; and WHEREAS, Resolution 2009-002 amended fund 131 Drug Enforcement Reserve Fund to allow the funds therein to be used for the expenses of the local drug court; NOW, THEREFORE, IT IS HEREBY RESOLVED that: The Memorandum of Understanding between Kittitas County Superior Court and Merit Resources is hereby ratified and shall be funded for the 2020 calendar year as follows: A. $12,000 from the General Fund. These funds were previously authorized for the Drug Court specifically to pay for urinalysis testing as part of the Drug Court program. B. $10,000 from fund 131 Drug Enforcement Reserve Fund. C. $44,996 from fund 115 Trial Court Improvement Fund. This ratification is limited to the being conditioned upon future funding appropriations by the Board. ADOPTED this 1 ·7 1fay of December, 2019. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY WASHINGTON ) Douglas R. Mitchel Deputy Prosecuting Attorney MEMORANDUM OF UNDERSTANDING PURPOSE: The Washington Legislature has authorized the various counties to establish and operate drug courts. A Drug Court'' is defined as "a court that has special calendars or dockets designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing felony and non-felony offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense judicially supervised treatment; mandatory periodic drug testing, and the use of appropriate sanctions and other rehabilitation services." Consistent with the above legislative intent and authority as expressed in RCW 2.28.170, the Kittitas County Superior Court has established such a drug court. This memorandum of Understanding (MOU) outlines one of the ways in which the Kittitas county Superior court and Alcohol Drug Dependency Service (ADDS) will work together to support the treatment and testing services described above. The intent of working jointly in this manner is to help defray the costs imposed upon ADDS by the necessary and intensive drug testing of those entered into the drug court program, specifically the collection and related testing or urinalysis samples. It is the desire of the parties to improve the Drug Court by entering into this agreement. ADDS is aware that by entering into this agreement they will be contractually bound to provide services in addition to those required by the MOU entered into in 2006. This MOU shall be effective as of January 1, 2009 and continue indefinitely unless terminated as described. Both parties may review terms of this Memo annually, or as needed . The agreement may be amended only by mutual agreement and only by a writing signed by both parties or their authorized representatives. Either party may terminate this agreement with 60 days written notice with or without cause. This MOU will remain in effect until there is a written notification from either party that there is a need to change or terminate this MOU. This MOU completely subsumes the MOU entered into on March 7, 2006 by ADDS and the Kittitas County Superior Court. 1. IT IS AGREED THAT ADDS SHALL: a. Provide those services needed to collect transmit for testing, and report the results of testing for urinalysis samples of those persons entered into the Kittitas County Superior Court's drug court program. b. Provide administrative services to the Kittitas County Superior Court drug court program related to the above collection and testing as time permits. c. Provide case management services to the Kittitas County Superior Court drug court program including but not limited to preparation of court reports, have someone in attendance at drug court proceedings, conduct intake interviews, and prepare staffing forms to assist with eligibility determination and setting of program parameters for individual participates. ADDS is aware that intake interviews will often need to be conducted at Kittitas County's local jail. ADDS will include in its staffing forms a recommendation as to whether a participant meets the minimum standards under the statute and program guidelines. d. Provide supervision of participants. This supervision will include monitoring program and treatment compliance, meeting with participants, and reviewing program status. 2. IT IS AGREED THAT KITTITAS COUNTY SUPERIOR COURT SHALL: a. Pay the sum of $5,854 (Five Thousand Eight Hundred and Fifty-four Oollars)per month to ADDS, as allocated to the Superior Court for this purpose, to defray fully or in part, as the case may be, the cost of providing the services described in part II, above. 3. · INDEPENDENT STATUS. For purposes of this Agreement, ADDS acknowledges that ADDS is not an officer, employee or agent of Kittitas County, or the State of Washington. ADDS will not hold out itself or any of its employees as, nor claim status as, an officer, employee or agent of Kittitas County, or the State of Washington. ADDS shall not claim for itself or its employees any rights, privileges, or benefits, which would accrue to an employee of the State of Washington. ADDS shall indemnify and hold harmless client from all obligations to pay or withhold federal or state taxes or contributions on behalf of ADDS or ADDS's employees. 4. CONFIDENTIALITY. To the extent allowed by law, the ADDS shall use information gained by reason of this Agreement only for the purpose of this Agreement. ADDS shall not disclose, transfer or shall any such information to any other party except as required by law. 5. SEVERABIUTY AND SURVIVAL. Should any of the provision contained in this Agreement are held illegal, invalid or unenforceable; the other provision shall remain in full effect. The Confidentiality provision shall survive termination of this Agreement for any cause. 6. STANDARD OF CARE. ADDS shall complete its services with the standard of care and degree of skill and diligence normally employed by professionals performing the same or similar services in the locale in which the services are performed. ALCOHOL DRUG DEPENDENCY SERVICE 507 Nanum St. Room 111 Ellensburg, WA 98926 FOR: ALCOHOL DRUG DEPENDENCY SERVICE Skip My-nar, Director KITTITAS COUNTY SUPERIOR COURT 205 West 5th Ave Suite 207 Ellensburg, WA 98926 FOR KITTITAS COUNTY SUPERIOR COURT ~ngludge