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HomeMy WebLinkAbout87-116RESOLUTION AUTHORIZING CHAIR TO SIGN [NT POWERS AGREEMENT WITH VICTIM CENTER WHEREAS, The County of Butte is desirous of entering into an Agreement with the State Board of Control, Victims of Crime Program, whereby compensation will be provided to victims of crime for the financial losses they suffer as victims of crimes; and WHEREAS, The Board of Control has been authorized to contract with local Centers to provide funding for claims verifi- cation services for the fiscal year beginning July 1, 1987 and ending June 30, 1988; and WHEREAS, The Butte County Probation Department is prepared to offer such assistance; NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors do approve the Joint Powers Agreement With Victim Center and authorize the Chair to sign said Agreement. PASSED AND ADOPTED by the Butte County Board of Super- visors this 4th day of August, 1987, by the following vote: AYES: Supervisors McInturf, McLaughlin, Uercruse and Chair Dolan NOES : None ABSENT: Supervisor Fulton NOT VOTING : None ATTEST: MARTIN J. NICHOLS, CHIEF ADMINISTRATIVE OFFICER AND CLERK OF THE BOARD ~°i At~DA~D AGREEII+'IEh~T - ;;-~oRfYEDY GE[~fERAL ^ CONTRACTOR ^ STATE AGENCY STATE OF CALIFORNIA srp. 2 (REV. 2/951 ^ DEPT. OF GEN. SER. ^ CONTROLLER T!-iIS :1Gl1EE'~SENT, oracle aful cnterec! iftio this 1St date of `7tlly 1987 , ^ in the State of C:alifnrnia, b~~ and ~ietn°een State of California, through its dzll~' elected or appoints°d, ^ qualified and acting ^ T(TiE OF OFFICER ACTING FpR STATE AGENCY )CY('!t ICY ('(r ('( .T L(' }i(!1('. (f )I( CONTRACT NUM$ER AM. Np. EXECI3TTVE OFFICER STATE BOARD OF CONTROL ~1('Y('((f l('r ('(IIIClI IIiC C%nfllrL(clOr. CONTRACTOR'S i.D. NUMBER County of Butte ~~'IT\ESSETI~: That the Contractor for af~d in consideration of tl7e en~'enants, cc~nclitions, agreements, anc! siiptllatsons of the State }u'reinafter expressed, fines hereby agree to furnish to t}7e State ser~'ices and materials, as f'nllrn,~s: (5ei forth s(•rt-irc' !n lx' re~ndrred Ly C:ontrQrivr. arrrourtf (n be ptritl Cnnlrrrcior, tirrr(~ for perfor+r)nr)c(' nY c(inlj)[('linn. (tnd rr77ru•la plans rt)td a'pecific(ttions'. ifany.) See attached Plans and Specifications. CONTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The prm isiLlns nn the re~~erse stile here of crmstitu€e a part of ibis agreement. I\~ 1~~!'I"\E 5S ~~•}}}~1~I:UF'. this agreclnc•nt has hc•en (~xc~clltecl by th(• panic's hc'rct(~. npc~ti the data first abnY(~ ~{~ritten. STATE OF CALlFORtVIA CONTRACTOR AGENCY CONTRACTOR IIF OTHER THAN Fn1 IIJpIVIOUAL. STATE WHETHER A CORPORATION, STATE ~OA~ CON ROL PARTNERSHIP. ETC.] BY (AUTHDRI2ED SIGNATU BY {AUTHq 2Ep SIGN TV } x x ~ G ~ 198T PRINTlwD AM F FEA5D ING PRINT NA E AND TITLE F PERSON SIGNING LANE RICHMOND cnAl of SOARp Of 5llP~RV151SRb 'r ITLE DRESS EXECUTIVE OFFICER AffpU NT ENCUrJ6ERED PROGRAM/CATEGORY IC ODE AND TITLE) FUND TITLE S Departmentfof Genera! Services VNENCUMBERED BALANCE IDPTIONAL USE} USe Only 5 ADJ. INCREAStNG ENCUMBRANCE ITEM CHAPTER STATUTE FISCAL YEAR •~ ADJ. OEC RE ASING ENCUMBRANCE OBJECT OF EXPEN DlTU RE (CODE AND 7iTLE1 S !hL'rrArrrr•rrifirupnn)))rjnu'rlj)rrvurtrrlk+tut('lrrl.~L'fllrt!luxhrr(•rlfunrltarr T.B.A. NO. a.R.NO. rrruilrfdrur!jra'l,rrirrrlanrl1xn•j,r).tiruf ifu•(•.ri)I•))tlitrtrr.tiluh•Jnl,rn•r. S EGNATVi-s _° OF ACCOVNTING OFFICER pATE X ~tr'I'f'~')r r'{Ttlj71 (hr)r CIr f'p1L{71iif/I ~ jNT f'.l'('++lJlf Ir111 .ti<'t fN)'r jl in .Sfufr :41n1i)r i.+~hrrli+'r Ilanrrrrl Srrlir,)I j_'(1N jl(!i'r' Lrru r'r,n11+lL• i!!r rr Iri, Jr,r+ .u• l is r.Trrlrjlf frurtr rrr•irtr l,ir rlrr !h'j+(rr'fuu•rrt of l=iurulrr. SIGNATURE O~ OFF SIG 'G 8 F OF HE AGENCY pATE x r.,~ 8 yr ~- STATE BOARD OF CONTROL VICTIMS OF CRIME PROGRAM JOINT POWERS AGREEMENT WITH VICTIM CENTER This agreement, is made and entered into this lst day of July, 1987, by and between the State Board of Control, Victims of Crime Program, an agent of the State of California, hereinafter referred to as the BOARD and the County of Butte, a county and political subdivision of the State of California, hereinafter referred to as the COUNTY and the designated Victim Assistance Center hereinafter referred to as the CENTER, all of whom collectively are referred to as the parties: STATEMENT OF INTENT The BOARD, is empowered in Government Code Section 13959 et seq., to provide compensation to victims of crime for the financial losses they suffer as victims of crime; The BOARD has been authorized to contract with 1~ca1 CENTERS to provide claims verification services for the fiscal year beginning July 1, 1987 and ending June 30, 1988, Funds provided under this agreement are to supplement existing services to victims and are not to supplant those currently provided by county funds, including Office of Criminal Justice Planning (OCJP) grants. Payment for services from July 1, 1987 through June 3a, 1988 is contingent upon the appropriation of funds for payment of this service. If such appropriation is not made, the Board shall be relieved of any payment for services provided during that period The BOARD and its staff is required to cooperate with local CENTERS in conducting training and development of standardized procedures and dissemination of standardized BOARD policies and findings: Government Code Section 13962(e) allows the BOARD to authorize designated CENTERS to verify claims processed by such CENTERS: The CENTERS are authorized and mandated by Penal Code Section 13835 to submit completed victims of crime applications to the BOARD: The COUNTY desires to participate in such a program for the verification of victim claims within its program area; and has the capability of providing such services through the CENTER. -2- NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived thereafter the parties agree as follows: 1. SCOPE OF SERVICES. The CENTER shall provide the following services: A. QUANTITY: The CENTER agrees to provide a minimum of 350 fully verified claims per year, this total will include fully verified regular claims and fully verified additional awards. In providing this number of claims, parties agree to a standard of 200 claims per verification staff under the first year agreements, and 350 claims per verification staff under second or subsequent year agreements. Parties further agree to a standard of 200 claims per verification staff hired to fill a ne. w1y allocated position during the first year of funding for that position, and 350 claims during the second year of funding. Staff hired to fill vacancies in positions funded under„previotz~ year agreements will provide verified claims at a standard of 350 claims per year. Staff employed under this agreement shall provide verification services the entire length of the agreement, even if the minimum number of claims has been provided. These totals do not include verification o£ Emergency Awards, but the CENTER does have responsibility to process and submit such applications to the BOARD. Verification of the regular award may be accomplished concurrently with the Emergency.Award application process. B. QUALITY: ~~ Claims must meet the standards in the Claims Verification Manual to be considered fully verified. Reworks (claims requiring correction) will be returned for correction and shall not be counted until they are. in compliance with the MANUAL. -3-- C. TTMELINES: Verified claims :rust be received by the BOARD within 60 calendar days from the date the completed application form is accepted from the claimant by the CENTER. This date shall be noted on the application form in the RECEIVED box, page 1. Reworks shall be corrected and...._. returned within ~.5 days. Additional awards shall be verified and submitted to the BOARD within 30 days of receipt by the CENTER. 2. TIME OF PERFORMANCE: Said services of COUNTY are to commence on or after July 1, 1987 and shall terminate June 30, 1988. 3. ADMINISTRATION OF AGREEMENT: A. The Executive Officer of the BOARD or his/her designated representative, is designated as the BOARDS Program Administrator, who shall have full authority to act for the BOARD in the administration of this Agreement consistent with the provisions contained herein. B. COUNTY shall designate a director of'the CENTER, who shall have full authority to act for COUNTY with regard to COUNTY'S performance pursuant-to this Agreement. 4. COMPLIANCE WITH LAWS: All parties agree to be bound by all applicable federal and state laws and regulations and BOARD guidelines/directives as they pertain to the performance of this Agreement. 5. DISCRIMINATION: No person shall, on the grounds of race, sex, age, creed, color, national origin, or handicap be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs or employment supported by this Agreement. 6. COMPENSATION: For performance of those services previously described, the BOARD shall pay the COUNTY or the designated CENTER an amount of money not exceeding the sum of $3$,000 which payments shall constitute full and complete compensation for the CENTER'S services under this Agreement. COUNTY or CENTER will be paid by the BOARD out of funds from the Restitution Fund. Any payments shall be contingent upon the availability of Restitution Funds. Any funds paid shall not be a charge upon any federal or general fund monies. Requests for payment shall be made on the form provided by the BOARD, and shall be made on a monthly or quarterly basis as requested. -4~ The BOARD reserves the right to withhold l0% of the agreement amount from the COUNTY or CENTER until a Certification of Completion is issued by the BOARD, which is due from the BOARD within 60 days of completion of agreement, indicating the CENTER has fully verified the number of claims agreed upon in this Agreement, The BOARD reserves the right to prorate compensation in accordance with monthly, quarterly, or .,..__ semi-annual claims production. 7. ACCOUNTING: CENTER must establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles and standards, for the purpose of accounting for those funds provided under this agreement. 8. CHANGES IN AGREEMENT AMOUNT. The BOARD reserves the right to reduce the Agreement amount when the BOARD`S fiscal monitoring indicates that the CENTERS rate of expenditure will result in unspent funds at the end of the program year. Changes in this Agreement amount will be made after consultation with the CENTER. Such changes shall be incorporated into this Agreement by written notice from the BOARD. 9, AUDIT, PROGRAM EVALUATION & INSPECTxON A_ND MONITORING PROVISIONS: - A. AUDIT PROVISIONS: COUNTY is responsible for having an annual audit of its Joint Power Agreement expenditures in accordance with Federal Single Audit Act of 1984, P.L. 98-502, The audit is to be performed by an independent auditor, as defined in OMB Circular Na. A-128, or by an independent CPA or County Internal Audit Unit. Allowable costs shall be determined in accordance with OMB Circular No. A-87, Contracts or agreements for an audit shall include a clause in the contract to permit ac` ess to review audit working papers by the State. Contrcts should also require that audit working papers be retained and accessible for a minimum period of .three years unless the independent auditor is notified in writing to extend the retention period. The BOARD agrees to accept work performed by the County Internal Audit Unit under the . same conditions as an independent contract. -5- A copy of the audit report should be forwarded to the BOARD within 30 days of issue but not dater than 120 days following end of the fiscal period. The CENTER agrees to take prompt and appropriate corrective action with respect to audit findings, Notwithstanding the above, the State reserves the right.. to audit or have audited expenditures under this agreement and to require financial and statistical reports or special reports when necessary. The CENTER agrees to provide the auditor such access to records and finanacial statements as may be necessary to comply with this provision. B. PROGRAM EVALUATION AND INSPECTION: CENTER shall make available to the Board, and their representatives, for purposes of inspection and audit, any and all of its books, papers, documents, financial and other records pertaining to the operation of this Agreement. The aforesaid records shall be available for inspection and audit during regular business hours throughout the term of this Agreement, and for a period of three {3} years after the expiration of the term of this Agreement. CENTER shall permit the BOARD, and their authorized representatives, to inspect and review its facilities and claims verification operation from time to time as may be requested by the BOARD. Said representatives may monitor the operation of this Agreement to assure compliance with all applicable federal and state laws and BOARD regulations and guidelines. Tn the event that any such inspection reveals violation o£ any provision of this Agreement, and CENTER fails to correct any such violation to the satisfaction of BOARD without good cause within ten {10} days, BOARD may unilaterally terminate this Agreement by giving COUNTY and CENTER thirty (30) days written notice of such termination. C. MONITORING: The BOARD shall have the authority to cause regular monitoring of this Agreement to verify that CENTER is operating in accordance with the agreement and the services to be performed thereto. 10, EOUIPMENT/SUPPLIES:_ The following equipment and supplies will be provided by the BOARD to the CENTER. EDQ equipment and other nanWexpendable items sha11 remain the property of the BOARD and shall bear identification tags supplied by the BOARD. Tn the event of termination of this agreement those identified items shall revert to the BOARD. -6- A. Electronic Data Processin Professional Computer (PC} War_g, with software, including monthly maintenance fee. Installation cost is to be covered by agreement funds. B. Furniture as needed, to be paid out of the agreement funds . ..__. G. Miscellaneous costs for paper, telephone, travel, reproduction and other necessary supplies required in the verification process to be paid out of agreement funds, including all costs associated with staff attending verification training. Any damage to State equipment beyond the normal expected use of the equipment sha11 be the responsiblity of the COUNTY. 11. STAFF: This agreement, in the amount of X3$,000 is intended to fully cover the personnel, and support casts of 1 persons} to fully verify 350 claims. These ratios shall supplement the current staffing levels of the CENTER, and shall not be used to supplant any existing positions. 12. TERMINATION AND TERMINATION COST5: This Agreement may be terminated at any time by either the BOARD or the COUNTY upon giving thirty (30) days notice in writing to the other party. BOARD may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in the Restitution Fund for the Agreement activity. In such event, COUNTY shall be compensated for all services rendered and all necessarily incurred costs performed in accordance with~the terms of this Agreement that have not been previously reimbursed, to the date of said termination to the extent Restitution Funds are available. Payment shall be made only upon filing with BOARD, by COUNTY, of vouchers evidencing the time expended and the said costs incurred. Said vouchers must be filed with BOARD within thirty (~) days of the date of said termination. i 13. INDEPENDENT CONTRACTOR: The BOARD and the COUNTY hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, 3oint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. -7-- 14. ASSIGNMENT: No performance of this Agreement or any section thereof may be assigned or subcontracted by COUNTY or CENTER without the expressed written consent of BOARD and any attempt by COUNTY and or CENTER to assign or subcontract any performance of the terms of this Agreement shall be null and void and shall constitute material breach of this Agreement....., 15. HOLD HARMLESS: COUNTY and CENTER agrees to defend, save, indemnify and hold harmless the BOARD, its agents, officers and employees from and against any and all liabilities, damages, suits, costs of suits, expenses for defense an:: legal services, and claims for damages of any nature or kind whatsoever, arising from or connected with CENTER'S operations or its services hereunder. The State of California and the Board of Control agree to indemnify, defend and save harmless the County of Butte, its officers, agents, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages for any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, ar property damage arising from, or connected with, the State and/or Hoard's acts or omissions hereunder, or arising from the emergency award procedures and standards as promulgated by the State or Soard, or their application,~or the content and application of enabling statute(s). 16. NOTICES: Verified claims, notices, correspondence and requests for reimbursement shall be sent to the BOARD as follows; State Board of Control Victims of Crime Program P.O. Box 3036 Sacramento, Ca. 95812-3036 (916) 322-4426 Notices, correspondence and all materials relative to victim claims shall be sent to the COUNTY and CENTER as follows: COUNTY CENTER COUNTY- please fill in both "County" and "Center" addresses: Butte County Administration Butte County Probation 25 County Center Drive Victir,~ L-Fitness Center Oroyille, CA-95965 170 East Secon Ave, Suite 1 C aco, -8- l'7. AMENDMENTS: VARIATIONS: This writing embod~.es the whole of the agreement of the parties hereto. There are no oral agreements not contained herein. No addition or variation of the terms of this Agreement shall be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties, except as specified i~~n_, Section 8 of this agreement. IN WITNESS WHEREOF, the Executive Officer of the State Board of Cantral has caused this Agreement to be signed and the seal of said BOARD to be hereto affixed and attested by the Assistant Chief Counsel of the Department of General Services, and the COUNTY has caused this agreement to be signed in the COUNTY'S behalf by the chairperson, County Board of Supervisors, as of the date set forth below, Attest: Lane Richmond Executive Officer State Board of Control COU~lTY 4F QUTTE COUNTY OF ('~ n BY: N E • ~~~~~ ~F BoAaB Rf SuPERYtsoxs C irpers n, Board of Supervisors TE r Z ~ DATE : ~1!/± 1.91? q pppROVLD AS TO FOR~lI /Butte County Gburtae! By G Aporovac3 for fisc~! con$ro!, su~u~ec~! ~udiFo3•'s Ois'ice f ~ ------~~ -----------••---....