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.
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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
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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.
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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:
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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.
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5. Rates:
Type of service:
Bus passes
Rate(s):
Reimbursable at current bus pass rate
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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
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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#
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SDC COY 13