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06/19/2012 04I Drug Court Program Participant Volunteers; Community Service with ONDS BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT , � J - Item No. rl For Meeting of: June 19, 2012 ITEM TITLE: Resolution authorizing collaboration with the Yakima County Drug Court Program by allowing Drug Court Program participant volunteers to perform community service hours as organized by the Office of Neighborhood Development Services. SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney CONTACT Cynthia Martinez, 575 -6030 PERSON /TELEPHONE: Archie Matthews, 575 -6101 SUMMARY EXPLANATION: The Yakima County Drug Court Program allows an average of 35 drug offenders per year to commit to intensive treatment in lieu of jail or probation. The program requires participants to perform community service hours. 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. The council finds the interests of the city served through partnership between the Yakima County Drug Court Program and the Office of Neighborhood Development Services. This partnership will allow Drug Court participants to perform fulfill their treatment obligation by registering community service hours while also providing needed assistance to the Office of Neighborhood Development Services. Resolution X Ordinance Other (specify) Contract: ' Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Respectfully request that Council adopt the proposed resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download Ei Resolution -Drug Court Partnership ❑ Memorandum of Understandinq -ONDS & Yakima County Superior Court RESOLUTION NO. R -2012- A RESOLUTION authorizing the Office of Neighborhood Development Services to collaborate with the Yakima County Drug Court Program by allowing Drug 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 Drug Court Program allows drug offenders to commit to intensive treatment in lieu of jail or probation; and WHEREAS, the Yakima County Drug 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 Drug 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: Michael Morales, Interim City Manager, is hereby authorized to execute the Memorandum of Understanding, by and between the Office of Neighborhood Development Services and the Yakima County Drug Court Program, a copy of which is attached and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of June, 2012. ATTEST: Micah Cawley, Mayor City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN NEIGHBORHOOD DEVELOPMENT SERVICES AND YAKIMA COUNTY SUPERIOR COURT DRUG COURT PROGRAM Neighborhood Development Services, hereinafter referred to as Neighborhood Development, and the Yakima County Superior Court Drug Court Program, hereinafter referred to as the Drug Court enter into this Memorandum of Understanding (MOU). GOAL The goal of this MOU is to set up a partnership between the Drug Court and Neighborhood Development who provide a location for Drug Court participants to perform court ordered community service. STATEMENT OF WORK The Drug 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 Drug Court participant or the party's participation in the MOU. The parties agree that nothing in this MOU shall stop a party from seeking a claim against the Drug 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 Drug Court participant. MOU ALTERATIONS.AN,D,AMENDMENTSr ' 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. The Drug Court Program Manager is: Gloria Roybal, Drug Court Coordinator Yakima County Superior Drug Court Program 128 North 2 ' St Yakima, WA 98901 (509) 574-2670 gloriasoybal@co yakima.wa.us ONDS Manager: `'xp m Supervisor: Archie M Matthews 112 S. 8th Street t .eet Yakima, Washington 98901 ' ° i "°' ington 98901 Office (509) 575 6101 •'. `. - "i9) 575 - 6101 This MOU consisting of two pages and one attachment, is exs, , ; person signing below who warrant that they have the authority to execute this MOU. Yakima County Superior Drug Court Program Neighborhood Development Services L lk_ Ruth Reukauf r Michael Morales Superior Court Judge Interim City Manager S - - LL.. Date Date ATTACHMENT A STATEMENT OF WORK The goal of the partnership between the Drug Court and Neighborhood Development is to better serve - Drug 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 Drug Court Program requires that our participants give back to the community by performing community service. The Drug 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 Drug Court Program Case Manager may contact Neighborhood Development to inquire about the participant's progress. 3. The Drug Court Program Staff, through the Drug Court Program Coordinator, will coordinate between Neighborhood Development and the Drug Court Team. 4. The Drug Court Program Staff, through the Drug 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 Drug Court participants. 2. Report written completion and /or participant progress with the Drug Court ordered community service' hours to the Drug Court Case Manager. 3. Be available as necessary to the Drug Court Case Manager to answer questions that the Drug Court Team may have regarding participants progress while working with Neighborhood Development. .. I Attest. BOARD OF COUNTY COMMISSIONERS Tiera Girard Kevin J. Bouchey, Chairman Clerk of the Board J Rand Elliott, Commissioner Approved as to Form: Michael D. Leita, Commissioner Deputy Prosecuting Attorney