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HomeMy WebLinkAbout2023 EXECUTED MOU DCMEMORANDUM OF UNDERSTANDING BETWEEN KITTITAS COUNTY SUPERIOR COURT AND MERIT RESOURCES PURPOSE: The Washington State 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 abovelegislative intent and authority as expressed in RCW 2.28.170, the Kittitas County Superior Court established such a Drug Court. On January 1, 2009, they entered into a Memorandum of Understanding (MOU) with Alcohol Drug Dependency Services (ADDS) to work together to support the treatment and testing services described above. The intent of working jointly in this matter was 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. On July 1, 2015 ADDS was purchased by Merit Resources (Merit) who assumed all responsibilities under the MOU. This Memorandum of Understanding (MOU) memorializes and outlines ways in which Kittitas County Superior Court and Merit Resources have worked together and will continue to work together to provide a drug court in the Kittitas County Superior Court. It is the desire of the parties to continue to improve the Drug Court by entering into this Agreement. Merit 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 on January 1, 2009. This MOU shall be effective as of March 1, 2020 and continue indefinitely unless terminated as described. Both parties may review terms of this MOU 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 within sixty (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 January 1, 2009 by ADDS and the Kittitas County Superior Court', 1. IT IS AGREED THAT MERIT SOURCES SHALL: i 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 an appropriately qualified staff member 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 participants. Merit is aware that intake interviews will often need to be conducted at the Kittitas County Correctional Center. Merit will include in its staffing form& 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. 1. IT IS AGREED THAT KITTITAS COUNTY SUPERIOR COURT SHALL: a. Pay the sum of Five Thousand Five Hundred and Eighty -Three Dollars ($5,583) per month to Merit 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 above. 2. INDEPENDENT STATUS. For purposes of this Agreement, Merit acknowledges that Merit is not an officer, employee or agent of Kittitas County, or the State of Washington. Merit 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. Merit shall not claim for itself or its employees any rights, privileges or benefits, which would accrue to an employee of the State of Washington. Merit shall indemnify and r hold harmless clients from all obligations to pay or withhold federal or state taxes or contributions on behalf of Merit or Merit'semployees. 3. CONFIDENTIALITY. To the extent allowed by law, Merit shall use information gained by reason of this Agreement only for the purpose of this Agreement. Merit shall not disclose, transfer or sell any such information to any other party except as required by law. 4. SEVERABILITY AND SURVIAL. Should any of the provisions contained in this Agreement' are held illegal, invalid or, unenforceable; the other provisions shall remain in full effect. The Confidentiality provision shall survive termination of this Agreement for any cause. 5. STANDARD OF CARE. Merit shall corn and degree of skill and diligence normally same or similar services in the locale in w. MERIT SOURCES 200 East Third Ave Ellensburg, WA 98926 0 / /14� Executive Director Date: / I / o---0' 3 )leteiits services with the standard of care ,mployed by professionals performing the ich the services are performed: ITTITAS COUNTY SUPERIOR COURT )5I West Fifth Ave, Ste 207 [lensburg, WA 98926 Scott R. Spairesiding Judge Dater