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HomeMy WebLinkAbout88-131~ ~~ -~---T--~,- ~- , ~ ~ ,_, ~ ~ .< t,, g,a :~, -~ ~AR'i~ CAF ~Sf.1P'~RVIS~C~RS '~` ~~. ~+ s '~ ~ ~ COUNTY OF Bt1TTE, ;STATE pF CALIFORNIA ~esolufion No. 88-131 RESOLUTION AUTHORIZING CHAIRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE AGREEMENT FOR DIAGNOSTIC STUDIES {JUVENILE/CRIMINAL) IN THE DEPARTMENT OF THE YOUTH AUTHORITY WHEREAS, the County of Butte is desirous of obtaining the services of the Department of the Youth Authority regarding dispositions to be made with respect to minors who have been determined by the Juvenile Court of this county to be persons described by Welfare and Institutions Code Section 602; and WHEREAS, the Department of the Youth Authority is capable of providing the services as specified in the proposed "CR" contract, copy of which is attached hereto; and WHEREAS, said agreement has been approved by Auditor, Council and Risk Coordinator; NOW, THEREFORE, BE IT RESOLVED that the Chair of the Board of Supervisors of the County of Butte is hereby authorized to execute said agreement on behalf of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of September, 1988, by the following vote: AYES: Supervisors Dalan, Fulton, McLaughlin, Vercruse and Chairman McInturf NOES : None ABSENT: None NOT VOTING: None ASKEL McINTURF, C it of the Board of Supervis s ATTEST: MARTIN J. NICHOLS, CHIEF ADMINISTRATIVE OFFICER AND CLERK OF THE BOARD ~.., E) ~1 ~C APPROVED BY TrtE ~1 aN©ARD AGREEMENT -ATTORNEY GENERAL STATE OF CALIFORNIA STD. R TREY. 2/1!31 THIS .~,GREEAIENT, made and entered into this 1St date of duly Ig88 in the State of California, by and between State of California, through its dul.• elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Chief, Business Services Depa GQNTRACTpR ^ STATE AGENCY ^ DEPT. OF GEN. SER. ^ CONTROLLER ~ 84180 CONTAAOT NUMBER AM. NO. rtment of_ the Youth Authori_ty_ ~ a~97'88 __ hereafter ca!!ed the Contactor. toNrwweroR•s LD, Nur~eER COllNTY 0~ 'BUTTE ~ _ WIT(`°ivSSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follo~+•s: (Set forth service to be rendered by Contractor, amoent to 6e paid Contractor, lime for performance or conlpletton, and attach plans and spedffeations, ff any.) Section 1752.1 of the Sleifare and Institutions Code of the State of California provides that the Director of the Youth Authority may enter iota contracts with any COUNTY of this STATE upon request of the Board of Supervisors thereof, wherein the Department of the Youth Authority agrees to provide diagnostic and treatment services and temporary detention during the period of study to the COUNTY of selected cases of persons eligible for commitment to the Department of the Yount Authority. _ 4~ The parties hereto agree as follows: ~; r O 1. In any case in which: `~ ~~ ~n_ {a) A Juvenile Court ar Court of criminal jurisdiction has detet~l% ~ that a person is eligible for commitment to the Youth Authority, O (:7 N and `~ ~`- o ~ ~ ~. {Continued) ~"" ~ ~~ ~ .° ~ ~ CONTINIfED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONfiRACfi NtJMBER. The pro+isinns t)Il the re+~erse side hereof constitute a part of this agreement. Ii 1~'IT'~ESS 15'HEIZEOF. this zgreement has been executed b~- the par#ies hereto. upon the date first akfn+•e ++•ritten. q--~ GI: STATE OF CALIFORNIA CONTRACTOR ~? AGENCY CONTRACTOR IIF gTI'<$R TMAf~t AN INDIViDVAi~ STATE WHCTIiER A COR~QR~TI fEPARTMENT OF THE YOUTH AUTHORITY P•~~Fll~iflT1~`~ F UTTE 7rJ BY fAUTtIOR AT REI BY IAVTM D 5 NA7 EI qr X r ~GG~ L PERSON SEGNING PAINTED NAME OF S PA ED NAME AND TITLE F PERSON SIGN( @ p E Haslcel Mclnturi", Chai n -. }1 `L~ TITLE ADDRESS ilpe v~sgrs ~. thief Business S 25 County Center Dr., Oroville, CA 565 AMOUNT ENCUMBERED PROGRAM/CATEGORY {CODE AND TITLE( FUND TITLE S Department of Genera! Services O UNENCUMBERED BALANCE (OPTIONAL USE( USt: nly ADJ. INCREASING ENCVMBRANCE ITEM CHAPTER STATUTE FISCAL YEAR ADJ. DECREASING ENCVMBRA NGE OBJECT OF EXPENDITURE SGOOE AND TITLE( S ° i hereby rcrtif,J rrjlnri nltl otrn rlrrsnnu! knnu~lr~dgt' Mat butlgrtetl f tends nrP T,>3.A. NO. B.R. NO. 1'){;~: hr~~Fit 3[!'~F_ESt~'a"~t=~'I.I'~?F£' ~ ~ - auailaLlr/orfhr~prrlodandprrrpr~nt'afrhrr'spt'ntlihtrr'a(atetlalx~cr. '~.'.'.i;; r'1-~~ ,~~',~~:_r; ' °f I Q ~ SIGNATURE OF ACCOUNTING OFFICER DATE ~ ~~ ' ~ ~ X I ftercby certify that a!1 runditrw,> for rxentptivn srt forth ill ~'tutx• .$dmivtistrphCr 1lanua! br•rren,t !_'U.9 Lary 1 Feu conry~lted tritfl and thin docltnu'n1 is rrrnrtot trout rrriru by thc' Drpnrtmenr t7f Fina,trt' SIGNATU F OFFICER 51 ING ON E1{A THE GENCY PATE x a coUNTY of BUTTE STANDARD AGREEMENT N0. a97-88 {b) said Gourt concludes that a proper disposition of the case requires such treatment and diagnosis as can be made at a Youth Authority facility, and (c) said Court orders such person to be placed in a facility for a period not to exceed 90 days as authorized by Section 704 (juvenile) or Section 1731.6 (adult) of the Welfare and Institu- tions Code, and orders that the Director of the Youth Authority report to the Court its diagnosis and recommendations concerning the person within the 90-day period. The Department of the Youth Authority shall accept such person if it believes that the person can be materially benefited by such diagnostic and treatment services and if the Director of the Youth Authority certifies that staff and institutions are available. No such person sha11 be transported to any facility under the jurisdiction of the Department of the Youth Authority until the Director of said Department has notified the referring Court of the place to which said person is to be transported and of the time at which he can be received. 2. COUNTY shall execute the Court Order by transporting such person to the facility indicated by the STATE and returning him to the Court at no expense to the STATE. 3. The acceptance, temporary detention and delivery of such person shall be in accordance with instructions issued from time to time by the Director of the Youth Authority. -. 4. STATE shall provide diagnostic and treatment services and temporary detention during the period of study •to the COUNTY far such accepted persons; and the Director of said Department shall, within the 90 days, cause such accepted person to be treated and examined and shall forward to the Court his diagnosis and recommendations concerning such person's future care, Super- vision, and treatment. 5. A17 such persons while under temporary detention by the STATE pursuant to this contract shall be subject to the rules of the Youth Authority. 6. COUNTY agrees to pay to STATE the sum of $3,DDD.DO per month for each case studied, or for periods of less than a full month, COUNTY agrees to pay STATE, 1/30th of the monthly rate per person per day, of temporary detention, such costs having been determined by the Director of the Youth Authority to be necessary to reimburse the STATE for the costs incurred. COUNTY shall be billed for the cost of services far the day the person is received but not for the day the person is removed from the program. 0610888 j m -2- 60-37 3C COUNTY OF BUTTE STANDARD AGREEMENT NO. 0~7~" 8g 7. Notwithstanding the provisions of Item l., Subdivision (a), the Youth Authority shall accept without cost to the COUNTY, any persons remanded pur- suant to Section 707.2 of the Welfare and Institutions Cade. 8. The total amount of this agreement shall not exceed 5~aaa,er~ . 9. This agreement may be amended upon mutual agreement by either party in writing and shall become effective only upon approval by the State of California, the Department of General Services or under its authority, by the Department of the Youth Authority. i0. STATE shall bill the COUNTY monthly, by means of itemized statements submitted in triplicate form for any such casts, and the COUNTY shall make remittance or payment thereof within thirty (30) days of receipt of any such billing. Said remittance sha11 be mailed to: Department of the Youth Authority Departmental Accounting Office 4241 Williamsbourgh Drive Sacramento, California 95823 11. The term of this Agreement shall be from July 1, 1988 to June 30, 1989, provided that the Agreement may be terminated by either8party giving 30 days notice in writing. 72. All notices to be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to such party at its address set forth under its signature to this Agreement. Nothing herein contained shall preclude the giving of any such written notice by personal service. The address to which notices shall be mailed to either party may be changed by written notice. i3. A certified copy of the resolution of the Board of Supervisors of the County authorizing the execution of this contract is to be attached to the contract. 06108$g~m -3- 6C-313C COllNTY OF BUTTE STANDARD AGREEMENT N0. o~ ~'7'~8 I hereby certify that all conditions for exemption have been complied with and this contract is exempt from Department of General Services' approval per Exemption Notice No. 3.1. c. l Chief, Business Services Bureau Administrative Services Branch 061088gjm --4- 6C--313C 1. The Cnntractor agrees to indemuifv. defend and save harmless the State, its offirrrs, ufirnts and ` empln}res fmm am• and all claims and losses accruing or rrsultins; to am~ and atl contractors, srdx•ntt- tractnrs, materialmen, 1alx~rers and am~ nthrr person, Firm nr c•nrpruation furnishini; nr supph•ing ++-ork, services, materials nr supplies in cnrtnectinn with the performance' of this c•rnttract, and Frnm am and 311 claims and losses accruing or resttltint; to am' persnn, fum or cnrportticm ~cltn ma~• I>e injurecl or damaged Ley the C:antractnr in the performance of this contract. The Cnntractnr, and the agents and rmplnrees of Cnntractnr. in it+r Tx•ri~ormancr of this a~ree- nienE, shall act in an independent capacity- and not as c3fficrr~ +~r rmp[c~~res or a~;rnts of State of California. 3. The State ri[a~• trrtninutr this agrrrtnrnt and br relieved of the pa~~ttu•nt ctf :[m~ crntsiderutiun to ('nntrartnr shcottld (:nntractor Fail to perfnrtn the covenants herein cnntaiuecl at the liute arnl in the' manner hr•rrin pr~widec6, to the rent of such trrminatinn th~• State ttun pn~cec•d ~ti~ith tltr work in anv nt:atutrr cCeemc•d pr~~lh•r h~ the Staler. The enst to the State sh:dl ln• dt•duc•ird Irntn an. sum clue the C:+>ntractnr tnuler this a~;rerrnent. and the }~alancr, if un~•. shall hr paid the (:unh•actnr upon drinand. ~. tl~ithout the ~~ ritten ennsrnt of ihe• State. this a;~rrrntrnt is n„t assis~t[al}le h. (:ontrtctnr either in whole nr in part. :~. Time is of the essence in this a4ree•mrnt. fi. \n altrratinn or variaticm nt the• tc°rm~ ni• ll+is contract :hall lu~ tiali~l +tatlr,n n+a,le• in nritim~ u+ul si4[+rd b}~ the parties hereto. uncl nu Heal undrrslaneling nr a~~rec•ment n~A inrcrcpnrtie~1 herein, sh:+ll Eu• bindini; nn an} of the parties hrrNtn. '. Thr e•unsideruti+m to l~e• paid (:n[ilraciur, u• provided herc•iu, ,hull he~ in enntix•n,atiuu Inr all of Coutrtrtnr•s r~pe•nsrs incurred in thc• prrfurtu:utce herrnl. inclu+linL ira~rl :u+d in•r diem. unless nthrr- ~~•isr r~prrssl~ su prnvidrel. BS 35x50