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HomeMy WebLinkAbout982499.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SUPERVISED URINE COLLECTION SERVICES AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Supervised Urine Collection Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, Juvenile Division Program, and The Villa at Greeley, LLC, dba the Restitution Center, Day Reporting Office, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Supervised Urine Collection Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, Juvenile Division Program, and The Villa at Greeley, LLC, dba the Restitution Center, Day Reporting Office, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of December, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: A a I'' EXCUSED O. r° Constance L. Haidays/pert, Chair ie/ Weld County Clerk toll : '1*ti,,..- - t, A-,- i .-- -/ ., , W. bster, Pro-Teem BY: ._.ia • , • ,rjku,/,4is-T, 1 .,rtom _. A. it •c / C. x%'4Deputy Clerk to the Board • ,,.y' eorge E. Baxter FORM: EXCUSED DATE OF SIGNING (AYE) DaJp K. Hall County Atto e�y �� Q4(t l cuc h - j h /nz e arbara J. Kirkmeyer 982499 et' 17A DA0014 AGREEMENT FOR SUPERVISED URINE COLLECTION SERVICES THIS AGREEMENT is made and entered into this 28thday of December, 1998, by and between The Villa at Greeley LLC, d.b.a., The Restitution Center/Day Reporting Office, a Colorado Corporation, whose principal place of business is at 1750 6'h Avenue, Greeley, Colorado, 80631 (collection site: 555 18`h Street, Greeley, Colorado), hereinafter referred to as "The Villa," and the Board of County Commissioners of Weld County, Colorado, on behalf of the 19th Judicial District Attorney's Juvenile Diversion Program, whose address is 915 Tenth Street., P.O. Box 1167, Greeley, Colorado, 80632-1 1 67, hereinafter referred to as "Juvenile Diversion." WITNESSETH: WHEREAS, Juvenile Diversion is in need of supervised urine collections services; and WHEREAS, The Villa is able and willing to provide such services at the collection site mentioned above; and WHEREAS, The Villa and Juvenile Diversion desire to enter an agreement under which The Villa will provide supervised urine collection services for Juvenile Diversion's clients; NOW THEREFORE, in consideration of the premises and mutual promises herein contained, the sufficiency of which we hereby acknowledge, The Villa and Juvenile Diversion agree as follows: I. THE AGREEMENT: This Agreement is contained in this writing, which consists of four (4) pages. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. No modifications or amendments to this Agreement shall be valid unless in writing. II. TERM OF THE AGREEMENT: This Agreement will be effective forthwith, and will continue until it is terminated by either party as provided for in Section IV., below. III. DUTIES: The Villa(The Restitution Center/Day Reporting Office) shall provide monitored urine collection services for an unlimited number of Juvenile Diversion clients under the following terms: Page 1 of 4 Pages a. The Day Reporting Office, as operated by The Restitution Center, a department of The Villa , shall be open to receive Juvenile Diversion clients 7 days per week, during the regular office hours of the Day Reporting Office at the signing of this document which are from 1:00 p.m. to 9:00 p.m., or during other hours, if prior arrangements are made by both parties. Staff at Juvenile Diversion shall develop a random schedule for clients to follow. b. Upon arrival at The Day Reporting Office by a Juvenile Diversion client, staff will adhere to the following procedure: 1. Verify the identity of the individual. 2. Personally monitor, by a staff member of the same gender as the Juvenile Diversion client, the collection of a urine specimen. 3. Properly label the specimen and prepare it for transmittal to the laboratory designated to perform testing (NORCHEM). 4. Place the specimen in a courier pickup box provided by the laboratory. 5. The Villa's Restitution Center/Day Reporting Center shall submit at the end of each calender month, an invoice to Juvenile Diversion itemizing the number of urine samples collected for that month. 6. Juvenile Diversion shall submit payment for urine collection services by no later than thirty days from receipt of invoice. Sample Price One Drug-Per sample $10.00 Three Drug-Per sample $12.00 Five Drug-Per sample $17.00 Confirmation (any sample) $25.00 LSD Assay $30.00 LSD Confirmation TBD Breath Test $1.00 *A breath test will be given at no charge if the client is providing a urine sample c. Payment will be forwarded to the Fiscal Officer, c/o The Villa, 1750 6th Avenue, Greeley, Colorado 80631. d. Upon receiving the results from NORCHEM, The Villa's Restitution Center/Day Page 2 of 4 Pages Reporting staff will fax and/or deliver a copy of positive/negative reports to Juvenile Diversion (within 2-3 days upon receipt.) IV. TERMINATION: a. Either party may terminate this Agreement with or without cause, effective 30 days after receipt of notice from the other party. A notice of termination shall be provided to the other party by first class mail, postage prepaid to the respective address indicated below: The Villa at Greeley LLC 19th Judicial District Attorney's d.b.a., The Restitution Center Juvenile Diversion Program 555 18th Street P.O. Box 1167 Greeley, CO 80631 Greeley, CO 80631-1167 V. ADDITIONAL PROVISIONS: a. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. b. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. c. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Page 3 of 4 Pages SIGN. I the date d ye set forth above. 1 ATTEST: •, i , 6 7 BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD O ' OF WELD COUNTY, COLORADO, on COUNTY COMMISSION -i ' fl, / behalf of THE 19T" JUDICIAL DISTRICT' p ATTORNEY'S JUVENILE DIVERSION f % /� -a PROGRAM BY: lo' 7 el ' BY: I) V Deputy Clerk to the B 47' W. H. Webster, Chair Protem )12/28/96) The Villa at Greeley LLC, d.b.a., The Restitution Center By: ' er T. Coppom, Administrator APPROVED AS TO SUBSTANCE: 10 Judicial District Attorney's Office Juvenile Diversion Program By: �/.f24.� ��. � Juvenile Diversion Program (Authorizing Official) Page 4 of 4 Pages Hello