04/17/2012 04E Community Service with ONDS by Yakima County DUI Court Program Participant Volunteers BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. E
For Meeting of: April 17, 2012
ITEM TITLE: Resolution authorizing the City of Yakima Office of
Neighborhood Development Services to partner with the
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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 31,
2013. 2013
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
SUBMITTAL: .A1 City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD /COMMISSION RECOMMENDATION:
None.
ATTACHMENTS:
Click to download
E Resolution
❑ 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
Y 9 p
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 Y 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 17th day of April, 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.
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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. 2' 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 S. 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
Therese M. Murp y Archie M. Matthews
Program Ma . ;er 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.
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-,,, ,.B ARD YAKIMA COUNTY COMMISSIONERS
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Clerk of the Board BOCC150- 2012 •
�,. •:; _ aid Elliott, Chairman
February 28, 2012 '<e„,
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Approved as to Form:
Michael D. ei •, — ommissioner
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Deputy Prosecuting Attorne Ko�/n J : • chey, Commissioner
C roan, the oard of Connly Commissioners
for Yakin• C any, Washington