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HomeMy WebLinkAbout92-056resolution RESOLUTION AUTHORIZING CHIEF PROBATION OFFICER TO SIGN 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 deter3mined 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 the Butte County Auditor and County Counsel. NOW, THEREFORE, BE IT RESOLVED that the Chief Probation Officer of the County of Butte is hereby authorized to execute said Agreement an behalf of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors this 19thday of hZay , 1992, by the following vote; AYES: Supervisors P~clnturf, Floux, f~lcLaughlin, Fulton and CE~air Dolan NOES : None ABSENT: None NOT VOTING: None ATTEST: STARLYN BROWN, Acting Chief Administrative Officer and Clerk of the Board B - ~ Deputy STATE OF CALIFORNIA STANDAF~D AGREEMENT -- AP~ROVeD gY THE D ~- ATTORNEY G)E=NERAL 82_054 STD. 2 (REV. 4-90) CONTRACTOR'S FEiJERA1. I.D. NUMBER THIS AGREEMENT, made and en#ered into this 1st day of duly , 19 92 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting COUNTY DF BUTTE meet of the Youth CONTRACTOR an individual, state whether a corpnrallan, parfneishlp, eta} WITNESSETH: That the Contractor for and in consideration of the convenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as Follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, erne for performance or completion, and attach plans and spacifrcations, if any.) Section 1752.1 of the Welfare and Institutions Code of the State of California provides that the Director' of the Youth Au#hority may enter into 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 Youth Authority. AAproved for fiscal control, sul;frct APP i~ Afs TO FOiii~itl The parties hereto agree as follows: to budget appropria;~ian. 8 Gaati~ Counsel ~) Audifar's #ica 1. ]n any case in which: ~ ~~ `. ~ `~~(c~ l~ti .~ gy / l T ~ ,-~a~~Z Y -- --- - -- ----- -- --- - - {a) A duvenile Court or Court of cri final jurisdiction has determined that a person is eligible for commitment to the Youth Authority, and {b) said Court concludes that a proper disposition of the case requires such treatment and diagnosis as can be made at a Youth Authority faality, 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 1731.8 (adult) of the Welfare and Institutions 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. CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions an the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date firstabave written. STATE OF CALIFORNIA BY (AUTHO ZED SIGNA } 8Y_ (AUT~IOR~SIGNATUREj ~ ED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING - LisaGoodWill W. A. Herring, Chief Probation Office TITLE ADDRESS Chief, Business Services Bureau AMOUNT ENCUMBERED BY THIS PROGF DOCUMENT 1`>r]~ PRIOR AMOUN7 ENCUMBERED FOR THIS CONTRACT {CODE AND TITLE} ITEM CHAPTEF roTAL AMOUNT ENCUMBERED TO 5460-f}01-001 BA 92 DATE 08JECT OF EXPENDITURE (CODE AND TITLE} I hereby certify upon my own personal knowledge tfrat budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. FISCAL YEAR hereafter called the Sta#e, and hereafter called the Contractor. Department of General Servfces Use Only B.R. ND. DGS APPROVAL 1~fOT REQIIIR!"D PI:R SAKI S~C~ION 1 i5 UYA APPD. , z CONTRACTOR I--I STATE AGENCY I--I DEPT. OF GEN. SER n CONTROLLER n 9D 56667 COUNTY OE= BUTTE STANDARD AGREI MENT N0.92-054 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 shall be transported to any facility under the jurisdiction of the Department of the Youth Authority until the Director of said Department has not'rfied 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 vfi the Youth Authority. 4. STATE sha[I provide diagnostic and treatment services and temporary detention during the period of study to the COUNTY for 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, supervision, and treatment. 5. All such persons while under temporary detention by the STATE pursuant to this contract shall be subject to the Hales of the Youth Authority. fi. COUNTY agrees to pay tv STATE the sum of $ 3.480.00 per month for each case studied, or for periods of less than a foil month, COUNTY agrees to pay STATE, 1/3flth 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 casts incurred. COUNTY shall be billed for the cost of services for the day the person is received but not for the day the person is removed from the program. 7. Notwithstanding the provisions of Item 1., Subdivision (a), the Youth Authority shad accept without cost to the COUNTY, any persons remanded pursuant to Section 7fl7.2 of the Welfare and Institutions Code. 8. The total amount of this agreement shall not exceed ~2Snaa ao. 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. 4118/92 20V - 313C couNTY of suTTE STANDARD AGREEMENT N0.92-054 10. STATE shall bill the COUNTY monthly, by means of itemized statements submitted in triplicate form #or any such costs, and the COUNTY shall make remittance or payment #hereo# within thirty (30) days of receipt of any such billing. Said remittance shall be mailed to: Department of the Youth Authority Accounting Department 4241 Williamsbourgh Drive Sacramento, California 95823 11. The term of this Agreement shalt be from July1, 1992 to June 30, 1993, provided that the Agreeme;~t may be terminated by either party giving 30 days notice in writing. 12. All contracts entered into between the State and a city, county, or district involving the expenditure of State funds in excess of $10,000 shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under the contract (Government Code Section 10532). 13. 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. 14. A certified copy of the reso[u#ion of the Board of Supervisors of the County authorizing the execution of this contract is to be attached to the contract. 4118192 20V - 313C COUNTY OF BUTTE STANDARD AGREEMENT N0.92-054 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. 3.3. ~~ . hie#, Business Services Bureau Administrative Services Branch 41.16192 20V - 313C