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HomeMy WebLinkAbout10-15-18 City Commission Packet Materials - C6. Agreement with Gallatin County Court for Drug Testing for V.E.T.S. Court Page 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Renee Boundy, V.E.T.S. Court Coordinator SUBJECT: Authorize the City Manager to sign the Interlocal Agreement with Gallatin County Court Services for services of Drug Testing and Case Management for the Bozeman Veteran Eligible Treatment Services (V.E.T.S.) Court MEETING DATE: October 15, 2018. AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Interlocal Agreement with Gallatin County Court Services for drug testing and case management services for the Bozeman Veteran Eligible Treatment Services (V.E.T.S.) Court BACKGROUND: One of the best practice standards for adult treatment courts which the Bureau of Justice Assistance Drug Court Implementation Grant (2017-VV-BX-2006) requires is 1) “Drug and alcohol testing provides an accurate, timely and comprehensive assessment of unauthorized substance use throughout the participants’ enrollment.” (National Association of Drug Court Professional’s Adult Drug Court Practice Standards) We use the services of Gallatin County Court Services to meet this standard. They are offering us these service for the cost of the testing supplies and providing the staff time to monitor the testing at no cost. In addition, as indicated in the agreement, they are providing case management services for 10 participants at no cost. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the commission. FISCAL EFFECTS: These costs will be fully reimbursable by a combination of the Bureau of Justice Assistance Drug Court Implementation Grant (2017-VV-BX-2006) and participant fees. Attachments: Interlocal Agreement, Gallatin County Court Services Report compiled on: September 28, 2018 70 1 INTERLOCAL AGREEMENT FOR DRUG TESTING SERVICES GALLATIN COUNTY AND THE CITY OF BOZEMAN This Interlocal Agreement (IA) is made pursuant to Title 7, Chapter 11, Part 1, Montana Code Annotated on the ___ day of ______________, 2018 between Gallatin County, Montana (“County”) and the City of Bozeman (“City”). ARTICLE I PURPOSE The purpose of this IA is to provide the terms and conditions for the City to refer individuals who are under supervision of the City’s Veteran Eligible Treatment Services Court program (“V.E.T.S. Court”) to receive drug testing by Gallatin County Court Services (“Court Services”) for a fee that both parties have determined to cover the reasonable cost of drug testing and to provide cost-sharing between the County and the City for case management services. This IA is entered into pursuant to §7-11-101 through 108, MCA. ARTICLE II DURATION and TERMINATION The duration of this IA is one year from the date set forth above subject to termination without cause by either party at any time during the agreement if preceded by a sixty (60) day written notice to the other party. This Agreement may be extended upon mutual written consent of the Parties. ARTICLE III CREATION OF LEGAL ENTITY-PROPERTY No separate legal entity is created by this IA. No real or personal property will be owned jointly during the term of this IA and therefore no agreement needs to be made related to the disposition of such property. ARTICLE IV FINANCING, COSTS AND BUDGET A. DRUG TESTING FEES: The City shall pay the cost of materials for every drug test performed by the County for the V.E.T.S. Court participants referred to Court Services. B. CASE MANAGEMENT COST-SHARING: The County, at its expense, shall allocate one member of Court Services staff to provide case management services for up to ten (10) V.E.T.S. Court participants. The County employee so allocated will spend no more than 0.25 FTE providing these services each week. The County cannot provide case management services for additional V.E.T.S. Court participants without creating an additional position. If such position is created, the costs of the position will be shared between the City and the County at a rate to be agreed upon prior to the position’s creation. C. INVOICING: County shall invoice City for all drug tests administered monthly. ARTICLE V ADMINISTRATION Court Services and the V.E.T.S. Court shall be responsible for the day-to-day administration of this IA. Court Services shall have all authority over and responsibility for all test samples it receives under this IA 71 2 and shall fully comply with all of its policies and procedures regarding disposition of test samples. Court Services shall promptly communicate results of all test samples to the V.E.T.S. Court. ARTICLE VI GENERAL PROVISIONS A. ASSIGNMENT and AUTHORITY. No party shall assign, transfer, or convey any right or obligation set forth in this IA without the prior written consent of the other party. The undersigned represent that they have authority to enter this IA. B. COMPLETE AGREEMENT. This IA constitutes the sole and entire agreement between the parties hereto. No other terms or conditions shall be binding upon either party unless accepted in writing. This IA supersedes any previous oral or written agreements between the parties. C. APPLICABLE LAW, VENUE and ATTORNEYS FEES. This IA shall be governed by the laws of the State of Montana and any action to enforce any right or obligation shall be brought in the Eighteenth Judicial District, Gallatin County. The prevailing party in any action to enforce this IA shall be entitled to Attorney’s fees including those of in-house counsel or a County Attorney’s Office or City Attorney’s Office. D. COMPLIANCE WITH LAW. The parties shall comply with all applicable federal, state, and local law in performing under this IA. E. NON-WAIVER. Waiver by either party of strict performance or any provision of this IA shall not be a waiver of or prejudice to the party's rights to require strict performance of the same provision in the future or of any other provisions. F. AMENDMENTS. The terms and conditions of this IA may not be modified or amended except by an instrument in writing executed by each of the Parties. No oral modification shall be enforceable. G. SEVERABILITY. The provisions of this IA shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. H. RECORDATION. The County will be responsible for filing an executed copy of this Agreement with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11- 107, MCA, and will provide a copy of the recorded document to the Bozeman City Clerk. Cost of filing will be shared equally. I. EFFECTIVE DATE. This IA shall be effective after approval by the respective governing bodies and on the date the last Party executes this IA. *** END OF AGREEMENT EXCEPT FOR SIGNATURES*** 72 3 This Interlocal Agreement entered into as of the day first written above by: GALLATIN COUNTY, MONTANA CITY OF BOZEMAN ___________________________________ ____________________________________ R. Stephen White Andrea Surratt Chair, Board of County Commissioners City Manager ATTEST: ATTEST: ___________________________________ ____________________________________ Charlotte Mills Robin Crough Gallatin County Clerk and Recorder Bozeman City Clerk APPROVED AS TO FORM: _______________________ Greg Sullivan, City Attorney CC: Montana Secretary of State, Gallatin County Clerk and Recorder 73