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HomeMy WebLinkAboutRES 2023-189BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. RESOLUTION SPECIFYTNG FUNDING FOR THE MEMORANDUM OF I.JNDERSTANDING (MOU) BETWEEN KITTITAS COLINTY 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 I l5 (TrialCourt Improvement Fund); and WHEREAS, the local judicial authority has stated its collective desire that a portion of the Fund I l5 be used to provide funding for the Mou with Merit Resources; and WHEREAS, Resolution 2009-002 amended fund l3l 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 2023 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 l3l Drug Enforcement Reserve Fund. C. $44,996 from fund 115 Trial Court lmprovement Fund. 2on-w Board This ratification is limited to being conditioned upon future funding appropriations by the ADoPTED this 7 aav or y'bankf 2023 BOARD OF COTINTY COMMISSIONERS KITTIT WASHINGTON cory right, Chair Breff Vice-Chair Commissioner { ie A. Kj k, Clerk of the Board APPROVED AS TO FORM: Gregory Zempel, Prosecuting Attorney r)' *.' I MEMORANDUM OF T'NDERSTANDING BETWEEN KITTITAS COUNTY SUPERIOR COURT AND MERIT RESOIJRCES 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 seryices". Consistent with the above'legislative intent and authority as expressed in RCW 2.2tj70,the Kittitas County Superior Court established such a Drug Court. On January l,200g,they entered into aMemorandum of Understanding (MOU) with Alcohol DruS Dependency Services (ADDS) to work together to support the treatment and testing services described above. The inteni 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, specificaliy 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 Cowrty Superior Court and Merit Resoruces 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 th,at by entering into this Agreement they will be Conmctually bound to provide services in addition to,those required by the NAOU enterei into on January t,iOOg. - This MOU shall be effective as of March l,202}and continue indefinitely unless terminated as described. Both partiel muy 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 purti[r ot Otbit authorized representatiy3l. Either pat f{v lermiryte-this AgreimJnt witirin ri-ty 1oqjd"r" - 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 trt*inutr ittir Mon: This MoU completely subsumes the MOU entered into on January l,:2009 by ADDS and the Kittitas County Superior Courtl I. IT IS AflREED THAT MERIT SOURCES SHALL: I : rf; ;t ri, a. tr: t:r '! : ii.': , i !r iri iii ::lr ,i! ,11 ': "rt il ril .i!' rii b. Srovide adminishative services,to the Kittitas County Superior Court Drug 9oo.t Prograln related to the above collection and testingas time permits.i:: :i c. Frovide case management services to the Kittitas County Superior Court prug Court Program,including but not limited to preparation of court reports, have an appropriately qualified staffmernber in attendance at drug oourt proceedings, conduct,intalie interviews, and prepare staffing forms to assist with eligibility determination and setting of program parameters f,or individual participants. 'Merit is aware that intake interviews will often need to be conducted at the,Kitti.tas County Conectional Center. Merit will include in its staffing formiiarecommendation as to whether a participant meets the minimum standards under the statute and program guidelines. d. Provide supervision of participants. This supervision will include rnonitoring program and treatmqnt compliance, meeting with participants and reviewing progftlm status. l 1. IT IS AGREED THAT KITTITAS COUNTY SUPERIOR COURT SHALL: a. Pay the sum of Five Thousand Five Hundred and Eighty-Three Dollars ($5,533) 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. Forpurposes'of this Agreement, Merit acknowledges that Merit is not an ofiicer, employee or agent of Kiftitas County, or the State of Washington. Merit will not hold out itseH,br any of its employees as, nor claim status as, an ofiicgr, employee or agent of Kittitas County or the State of Washington. Merit shall not claim for itself or its employees alry rights, privileges or benefits, which would accrue to an employee of the State of Washington. Merit shall indemnifu and hold harmless clients from all obligations to pay ot withhold federal or state taxes or contributions on behalf of Merit or Mgrit'qiemployees. t.3. CONFIDENTIALITY. To the extent,alloryed by law, Merit shall use information gained by reason of this Agreement oply fqr the purpose of this Agrcement. Merit shall not disclose, transfer or sell any lsuchiinformation to any other party except as required by law. , , i 4. SEVERABILITY AND SURVIAL. $houtd anv of the provisions contained in this Agreement are held illegal, invalid oqunenforceable; the other provisions shall .ii .. ri! i, :.i rt 'lii: t:, :i ':,i .i il t :l di is i:j.i t,l, .: ril 'i ;i .(l \}: nI. ;,, ir.. .1n fi: n.. i iii ts + i)ti ii ',.1 ii.;,rii .'j'' :l' -.-': i 5. STANDARD OF CARE. Merit shall services with the standard of care and degree of skill and diligence nomally by professionals performing the same or similar services in the locale ih the services are perfomred; remain in full effect. The Confidentiality Agreement for any cause. i shall survive termination of this COUNTY SUPERIOR COURT West Fifth Ave, Ste 207 WA Judge ,1 2puI MERIT SOURCES 200 East Third Ave Ellensburg, WA 98926 €h e-r" e cn Hu n*,Executive Direstor Date: R. i: ri i lii i: t il