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Home My WebLink About03/20/2012 04F Community Service with ONDS by Yakima County DUI Court Program Participant Volunteers • i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Li r" For Meeting of: March 20, 2012 ITEM TITLE: Resolution authorizing the City of Yakima Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours. SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney CONTACT Cynthia I. Martinez/509- 575 -6033 PERSON/TELEPHONE: SUMMARY EXPLANATION: The Yakima County DUI Court Program allows repeat DUI offenders to commit to intensive treatment in lieu of jail or probation. DUI Court Program participants are expected to perform community service hours. The City of Yakima Office of Neighborhood Development Services provides organized community service opportunities. Executing the Memorandum of Understanding will establish a partnership and allow the DUI Court Program participant volunteers to perform community service hours as organized by the Office of Neighborhood Development Services. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: Through Amount: none Expiration Date: December 2013. 31, 2013 Insurance Required? No Funding Phone: Source: APPROVED FOR • SUBMITTAL: City Manager • STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: None. • ATTACHMENTS: Click to download O Resolution 0 Exhibit A- Memorandum of Understanding • RESOLUTION NO. R -2012- A RESOLUTION authorizing the Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours as organized by the City of Yakima Office of Neighborhood Development Services. WHEREAS, the Yakima County DUI Court Program allows repeat DUI offenders to commit to intensive treatment in lieu of jail or probation; and WHEREAS, the Yakima County DUI Court Program participants are expected to perform community service hours in the community; and WHEREAS, the City of Yakima Office of Neighborhood Development Services organizes volunteers to perform community service throughout the City of Yakima and is able to document community service hours completed; and WHEREAS, the City Council finds and determines that partnering with the Yakima County DUI Court Program to allow Program participants to perform community service hours with the Office of Neighborhood Development Services is in the best interest of the residents of the City of Yakima; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Office of Neighborhood Development Services Manager is hereby authorized to execute the Memorandum of Understanding, by and between the Office of Neighborhood Development Services and the Yakima County DUI Court Program, a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 20th day of March, 2012. ATTEST: Micah Cawley, Mayor City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN NEIGHBORHOOD DEVELOPMENT SERVICES AND YAKIMA COUNTY DUI COURT PROGRAM Neighborhood Development Services, hereinafter referred to as Neighborhood Development, and the Yakima County DUI Court Program, hereinafter referred to as the DUI Court enter into this Memorandum of Understanding (MOU). GOAL The goal of this MOU is to set up a partnership between the DUI Court and Neighborhood Development who provide a location for DUI Court participants to perform court ordered community service. STATEMENT OF WORK The DUI Court and Neighborhood Development responsibilities under this MOU are set forth in Attachment A, attached to and incorporated by reference into this MOU. PERIOD OF PERFORMANCE The period of performance of this MOU begins upon signature and extends through December 31, 2013, unless terminated sooner by either party. Either party may withdraw their participation in this MOU at any time after giving thirty days written notice to the other party. PAYMENT The parties agree that there shall be no payment associated with this Agreement. LIABILITY IMDEMNIFICATION The parties agree that each shall protect, defend, indemnify, and save harmless the other, their directors, elected and appointed officials, officers, employees, agents and /or volunteers, from any and all third party costs, claims and resultant costs (judgments and /or awards of damages) from bodily injury to person and damage to physical property to the extent resulting directly and proximately from the negligent acts of the either party, its directors, elected and appointed officials, officers, employees, agents, and /or volunteers in performance of this Agreement The parties further agree that they shall indemnify and hold each other harmless for claims and damages arising in any way connected with or arising out of the conduct of a DUI Court participant or the parties participation in the MOU. The parties agree that nothing in this MOU shall stop a party from seeking a claim against the DUI Court participant individually from any and all costs, claims and resultant costs (judgment and other awards of damages) from bodily injury to person or damage to physical property for intentional or negligent acts found committed by the DUI Court participant. t: -\ ) ti MOU ALTERATIONS AND AMENDMENTS This MOU may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. DISPUTE RESOLUTION Operational problems will be mutually addressed and resolved by the program managers. If problems arise which cannot be resolved by the program managers, it should be elevated to the next level of supervision within the respective agencies for resolution. All WRITINGS CONTAINED HEREIN This MOU contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or bind any of the parties hereto. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. DUI Court Program Manager DUI Court Coordinator Therese M. Murphy, District Court and Probation Manager Victoria Alvarado Yakima County District Court Yakima County District Court 128 N. 2nd Street, Room 225 128 N. 2 Street, Room 225 Yakima, Washington 98901 Yakima, Washington 98901 (509)574 -1874 (509)574 -1807 Therese. Murphy @co.yakima.wa.us Victoria .Alvarado @co.yakima.wa.us ONDS Manager Senior Program Supervisor' Archie M. Matthews Orville Otto 112 5. 8th Street 112 S. 8th Street Yakima, Washington 98901 Yakima, Washington 98901 Office (509) 575 -6101 Office (509) 575 -6101 This MOU consisting of two pages and one attachment, is executed by the person signing below who warrant that they have the authority to execute this MOU Yakima County DUI Court Program Neighborhood Development Services Y / c -, Therese M.urpiy Archie M. Matthews Program Mager ONDS Manager ATTACHMENT A STATEMENT OF WORK The goal of the partnership between the DUI Court and Neighborhood Development is to better serve DUI Court participants and the community by providing a source of labor and /or assistance to local community programs and assist participants in the development of skills and self esteem. A component of the DUI Court Program requires that our participants give back to the community by performing community service. The DUI Court Program /Staff: 1. Provide the participant with a letter addressed to Neighborhood Development along with a copy of the court order requiring the participant to complete community service hours. The letter and court order will specify the amount of hours and time frame in which the hours are to be completed as well as a point of contact should any issues arise with the participant 2. The DUI Court Program Case Manager may contact Neighborhood Development to inquire about the participants progress. 3. The DUI Court Program Staff, through the DUI Court Program Coordinator, will coordinate between Neighborhood Development and the DUI Court Team. 4. The DUI Court Program Staff, through the DUI Court program Coordinator, will maintain a record of all participants who perform community service at Neighborhood Development including the number of hours ordered and the number of hours performed Neighborhood Development Staff will 1 Provide a source of work supervised by Neighborhood Development staff as available to DUI Court participants. 2. Report completion and /or participant progress with the DUI Court ordered community service hours to the DUI Court Case Manager. 3. Be available as necessary to the DUI Court Case Manager to answer questions that the DUI Court Team may have regarding participants progress while working with Neighborhood Development \��F ?AK / f � `\' 1/,,. A test. \� �p ,,.....,, c ? &- .BY ARD.OF YAKIMA COUNTY COMMISSIONERS Tiera Girard �~ _ • • Clerk of the Board =4'� <4;> BOCC150- 2012' - d Elliott, Chairman un , February 28, 2012 '4,, ,Q � \� � �� Approved as to Form: Michael D. ei a, €emmissioner k W orne o Deputy Prosecuting Att K= it J : • they, Commissioner C ututi the oar(' of County Cotnnussioners for Yakin C' tray, Washington