Loading...
HomeMy WebLinkAboutYakima County Assessment & Referral Services - SDC COY 13 MOU (bus passes), , 1 SAMHSA Treatment Drug Courts (SDC) Memorandum of Understanding No. SDC COY 13 between Yakima County And City of Yakima PARTIES: This Memorandum of Understanding, hereinafter referred to as "the MOU," between Yakima County Assessment and Referral Services, 128 North 2nd Street, Room 18, Yakima, Washington, 98901 -2639; hereafter referred to as "the County" and City of Yakima, 129 N. 2nd Street, Yakima, WA 98901 and whose Employer Identification Number is 91- 6001293; hereafter referred to as "the SDC Provider'% sets forth the parties' understanding concerning the establishment and operation of a Treatment Drug Courts Grant provided by the Substance Abuse and Mental Health Services Administration (SAMHSA) through application to provide program services for eligible clients. PURPOSE: The primary purpose of this MOU is to establish guidance and considerations during the implementation of the federal grant, SAMHSA Treatment Drug Courts (SDC). This grant is intended to expand and /or enhance substance abuse treatment services in existing adult and family "problem solving" courts which use the treatment drug court model in order to provide alcohol and drug treatment (including recovery support services supporting substance abuse treatment, screening, assessment, case management, and program coordination) to defendants /offenders. Individuals diagnosed with a substance use disorder as their primary condition will receive a voucher or vouchers for CD treatment services and /or recovery services. TERM: The term of this Agreement shall be February 1, 2013 through September 29, 2015. This Agreement may be extended, by mutual written consent of the parties. GENERAL TERMS AND CONDITIONS In consideration of the covenants, conditions, performances, and provisions hereinafter contained, the parties hereto agree as follows: 1. Definitions: The words and phrases listed below, as used in the Contract, shall have the following definitions: A. "MOU" means this County and the Contractor Contract on General Terms and Conditions and any Exhibits and other documents attached or incorporated by reference. Page 1 of 8 SDC COY 13 B. "CFR" means Code of Federal Regulations. All references in this MOU to CFR chapters or sections shall include any successor, amended, or replacement regulation. C. ' "Debarment" means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. D. "Director" means the Director of the Yakima County Department of Human Services. E. "General Terms and Conditions" means the contractual provisions contained within this MOU, which govern the contractual relationship between the County and the Contractor, under this MOU. F. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. G. "Principals," which includes officers,. members of the Board of Directors, owner(s), or other person(s) with management or supervisory responsibilities relating to the transaction. H. "RCW" means the Revised Code of Washington. "Subcontract" means a separate contract between the Contractor and an individual or entity ( "Subrecipient ") to perform all or a portion of the duties and obligations that the Contractor shall perform pursuant to this MOU. J. "USCA" means United States Code Annotated. K. "WAC" means the Washington Administrative Code. 2. Amendment: This MOU, or any term or condition, may only be modified in writing and signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment.' 3. Assignment & Subcontracting: Except as otherwise provided herein, the Contractor shall not assign rights or obligations derived from this MOU in whole or in part, to a third party without the prior, written consent of the County and the written assumption of all of the Contractor's obligations in this MOU by the third party. 4. Billing Limitations: Contractor shall maintain a written record of expenses and submit monthly invoices detailing expenses for reimbursement no later than 30 days after services have been rendered to: Yakima County Assessment and Referral Services, 128 North 2nd Street, Room 18, Yakima, WA 98901 -2639. The County shall pay the Contractor within 30 days after receiving an invoice and proper supporting Page 2 of 8 SDC COY 13 documentation. All billings must be received no later than 60 days after the close of the contract to be considered for payment. The decision to approve or deny payment of claims for services submitted after more than 60 days shall rest solely with the Human Services Director and the Director's decision shall be final and not capable of right to appeal. Compliance with Applicable Law: At all times during the term of this MOU, the Contractor and the County shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to non - discrimination laws and regulations. 6. Confidentiality: The parties shall use Personal Information and other confidential information gained by reason of this MOU only for the purpose of this MOU. The County and the Contractor shall not disclose, transfer, or sell any such information to any other party, except as provided by law or, in the case of Personal Information except as provided by law or with the prior written consent of the person to whom the Personal Information pertains. The parties shall maintain the confidentiality of all Personal Information and other confidential information gained by reason of this MOU and shall return or certify the destruction of such information if requested in writing by the party to this MOU that provided the information 7. Debarment Certification: The Contractor, by signature to this MOU, certifies the Contractor, its Principles and any Subrecipients are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal and /or State department or agency from participating in transactions (debarred). Documentation for Reimbursement Requests: Expenditures cannot exceed the amount on the voucher and must be for the same purpose as the voucher. 9. Entire MOU: This MOU including all documents attached to or incorporated by reference; contain all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or bind the parties. 10. Governing Law, Venue, and Jurisdiction: This MOU shall be governed by the laws of the State of Washington. Any action, suit, or judicial proceeding for the enforcement of this MOU shall be brought in Yakima County Superior Court for the State of Washington. 11. Independent Status: For purposes of this MOU, the Contractor acknowledges that the Contractor is not an officer, employee, or agent of the County. The Contractor shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of the County. The Contractor shall not claim for itself or its employees any rights, privileges, or benefits, which would accrue to an employee of the County. The Contractor shall indemnify and hold harmless the County from all obligations to pay or withhold federal or state taxes or contributions on behalf of the Contractor or the Contractor's employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. Page 3 of 8 SDC COY 13 12. Inspection: Yakima County reserves the right to request inspection of Contractor's records that relate to this MOU and Contractor shall provide reasonable access to records upon the request. 13. Indemnification, Defense, and Hold Harmless: To the fullest extent permitted by law including RCW 4.24.115, the Contractor shall indemnify, defend, and save harmless the County and its officers, employees, agents, and volunteers from all claims, suits, or actions brought for injuries to, or death of, any persons, or damages arising from or relating to the Contractor's performance of this MOU or in consequence of any negligence or breach of contract related to the Contractor's performance of this MOU caused in whole or in part by any act or omission by the Contractor or the agents or employees of the Contractor related to performance of this MOU. 14. Contractor's Waiver of Employer's Immunity under Title 51 RCW: Contractor intends that its obligations to indemnify, defend, and hold Harmless set forth above in section 15 shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, the Contractor specifically assumes all potential liability for actions brought by employees of the Contractor or its subcontractors against the County and its officers, employees, agents, and volunteers, and, solely for the purpose of enforcing the Contractor's obligations to indemnify, defend, and hold harmless set forth above in section 15, the Contractor specifically waives any immunity granted under the state industrial insurance law, Title 51 RCW. The parties have mutually negotiated this waiver. 15. Maintenance of Records: During the term of this MOU and per state law for seven years following termination or expiration of this MOU, both parties shall maintain records sufficient to: A. Document performance of all acts required by law, regulation, or this MOU; B. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the Contractor's invoices to the County and all expenditures made by the Contractor to perform as required by this MOU. C. For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance. 16. Nondiscrimination: The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW Chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.) In the event the Contractor violates this provision, the County may terminate this MOU immediately and bar the Contractor from performing any services for the County in the future. 17. Order of Precedence: In the event of an inconsistency in this MOU, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: Page 4 of 8 SDC COY 13 A. Applicable federal and State of Washington statutes and regulations; B. Special Terms, and Conditions of this MOU; C. This MOU. 18. Responsibility: Each party to this MOU shall be responsible for the negligence of its officers, employees, and agents in the performance of this MOU to the extent allowable by law. 19. Severability: The provisions of this MOU are severable. If any court holds any provision of this MOU, including any provision of any document incorporated by reference, invalid, that invalidity shall not affect the other provisions this MOU. 20. Termination A. Either party may terminate this MOU by providing thirty (30) calendar days written notice sent by certified mail to the addresses listed on Page 1. If the Contractor fails to comply with the terms and conditions of this MOU, the County may pursue such remedies as are legally available, including, but not limited to, the immediate termination of this MOU. B. If this MOU is terminated for any reason, County shall pay only for performance rendered or costs incurred in accordance with the terms of this MOU and prior to the effective date of termination. 21. Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor shall ensure that any adult client receiving services from the Contractor under this MOU has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under the age 18 with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination or completion of this MOU, the Contractor shall promptly release to the client and /or the client's guardian or custodian all of the client's personal property. 22. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this MOU unless amended as set forth in Section 2, Amendment. Only the Director or designee has the authority to waive any term or condition of this MOU on behalf of the County. 23. Notices: Any demand, request or notice which either party desires or may be required to make or deliver to the other shall be in writing and shall be deemed delivered when personally delivered, or when delivered by private courier service (such as Federal Express), or three days after being deposited in the United States. mail, in registered or certified format, return receipt requested, addressed as follows: Page 5 of 8 SDC COY 13 Contractor: Cindy Epperson, Director of Finance and Budget City of Yakima Finance Department 129 N. 2nd Street Yakima, WA 98901 County: Teresa Davis, CD Program Manager Yakima County Assessment and Referral Services 128 North 2nd Street, Room 18 Yakima, WA 98901 -2639 Phone: 509 -574 -2749 SPECIAL TERMS AND CONDITIONS 1. Relationship of Parties and Agents: The relationship established by this MOU between Yakima County and the SDC Provider with regards to this project, shall be one of a service provider. The SDC Provider shall have no authority to make commitments on behalf of the County, nor will the County have any authority to make commitments on behalf of the SDC Provider. This MOU contains all terms and conditions agreed to by the County and the SDC Provider. There are no other oral or written agreements between the County and the SDC Provider as to the subjects contained herein. No changes or additions to this MOU shall be valid or binding upon either party unless change or addition be in writing and executed by both parties. 2. Establishment and Maintenance of Records: The SDC Provider shall maintain accounts and records, and such other records, the County may deem necessary, to ensure proper accounting for all project funds and compliance with this MOU. Budget: The SDC Provider shall be paid for services identified by a Recovery Support Specialist and authorized in writing in the form of a SDC Voucher. All payments shall be related to a SDC Voucher and submitted to Yakima County Assessment and Referral Services for payment no later than 30 days after services have been rendered. Payments shall be made to SDC providers within thirty (30) days of receipt. The decision to approve or deny any voucher received after the 30 -day timeframe shall be left to the Program Manager's discretion. 4. Service Description: The SDC provider shall provide Bus Passes as authorized on SDC vouchers and be reimbursed for services provided as listed under Rates. Page 6 of 8 SDC COY 13 5. Rates: Type of service: Bus passes Rate(s): Reimbursable at current bus pass rate Page 7 of 8 SDC COY 13 . + , , . This Memorandum of Understanding contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. CITY OF YAKIMA Cindy Epperson, Director of Finance and Budget a 3 - I / Date CITY CONTRAC i N � RESOLUTION N0: BOARD OF YAKIMA COUNTY COMMISSIONERS Michael D. Leita, Chairman kevip. Bouc ey, Commissioner J. d Elliott, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington AA MA C �QO oF•WAS /�/ '`L 01 S• :R co i 0� •O�\ Attest: /01111100 Tiera L. Girard, Clerk of the Board BOCC66 -2013 February 5, 2013 Approved as to Form: 4�)'\ �) t4 Deputy Prosecuting Attorney WSBA# Page 8 of 8 SDC COY 13