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HomeMy WebLinkAbout93-091RESOLUTION 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 ser- vices 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 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 on behalf of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors this 22nd day of June, 1993, by the following vote: AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Ch.aix Houx NOES : None ABSENT : None NOT VOTING : None ~ , i MARY NE ROUX, Chair of the Board ATTEST: JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER AND CL K OF THE BOARD B ~ eputy S i ATE ~F CAf_EFQRNIA _ STANDARD AGREEMENT -- APPROVED BY TFIE .~- ATTORNEY GENERAL 93-046 STD. 2 SREV. 4-90) coNTRACroFrs FEDERAL LD. NuaeER THIS AGf~EEMENT, made and entered into this 15t day of duly . 19 gS , in the State of California, lay and between State of California, through its duly elected or appointed, qualified and ailing Chief. Business Services Bureau COUNTY OF BUTTE hereafter called the State, and hereafter cakled the Contn~ctor. WITNESSi=TFI: That the Contractor far and in consideration of the convenants, conditions, agreements, and stipulations of the State hereinaftier expressed, does hereby agree to famish to the State services and materials as follows: (Set forth service to be -enderie}d by Contractor, amount to be paid Contracror, Sme for perfarmanrae or completion, and attach plans and specifications, if any.) Section 1752.1 of the Welfare and Institutions Code of the State of California provides that the Director of the Youth Authority 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. The parties hereto agree as folbws: 1. In any case in which: (a) A Juvenile Court or Court of criminal jurisdiction has determined that a person is eliglbie 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 tie made at a Youth Authority facility, and (c) said Court orders such person #o 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 Institutions Code, and orders that the Director of the Youth Authority report to the Court its diagnosis and recommendations oonceming the person within the 90~ay period. CONTINUED ON SHEETS, EACIi BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions en 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 first above written. STATE OF CALIFORNIA CONTRACTOR rhe,~ en rndrweuer, were wnaa,er a aor, BY {AUTHORIZED SIGNATURE} f'~i,:..i Q.... Gr.r..+r Ce1~nhAh Q..rnn.. Wallace A. Vi11G1, L]LJJIIIGAJ VGI YILG.7 L)41GQ6f I AMOUNT ENCUMBERED 8Y THIS DO CUMENT PROGFU1MrCATEGORY {CODE AND TITLE) 20 I&C Department Of Gerierrl' Senrloes Uae Only C W (OPTIONAL USE] PRIOR AMOLR+IT ENCUM9ER>=D fOR THIS CONTRACT ITEM 001 001 5460 CHAPTER BA 93 STATUTE i 993 FISCAL YEAR TOTAL AMOUNT ENGUMBEREDTO - - 1993194 DATE O&IECT OF EXPENDITURE {CODE AND TITLE) I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T gA- ~• B•n• t'+e• SIGNATURE OF ACCOUNTING OFFICER CONTRACTOR ~ STATE AGENCY ~ DEPT. OF GEN. SER. ~ CON1FtOLLER 96 58887 COUNTY OF BUTTE STANDARD AGREEMENT NO. 93-046 The Department of the Youth Authority shalt 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 a# 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 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 rules of the Youth Authority. 6. COUNTY agrees to pay to STATE the sum of $ 3.270.Ofl per month for each case studied, or for periods of less than a full month, COUNTY agrees to pay STATE, 1130th 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 for the day the person is received but not for the day the person is removed from the program. 7. Notwithstanding the provisions of ltem 1., Subdivision (a), the Youth Authority shall accept without cost to the COUNTY, any persons remanded pursuant to Section 707.2 of the Welfare and Institutions Code. 8. The total amount of this agreement shall not exceed $~~ 9. This agreemen# 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 You#h Authority. 515193 20V - 313C COUNTY OF BUTTE STANDARD AGREEMENT NO. 93-04fi 10. STATE shall bill the COUNTY monthly, by means of itemized statements submitted in triplicate form for any such costs, and the COUNTY shall make remittance or payment thereof 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 shall be from Juiyi, 1993 to ,tune 30, 1994, provided that the Agreement may be terminated by either party giving 30 days notice in writing. 12. AIf 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 #hree years after final payment under the contract (Government Cade 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 nonce by personal service. The address to which notices shall be mailed to either party may be changed by written notice. 14. A cert'rfied 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. 515193 20V - 313C COUNTY OF BUTTE STANDARD AGREEMENT NO. 93-046 I hereby certify that all corxiitions far exemption have been complied wi#h and this contract is exempt from Department of General Services' approval per Exemption Nonce No. 3.4. Chief, Business Services Bureau Administrative Services Branch AS TO FO B ou C r 1 ~ ~ ~/~~ ~r F,p-r~ro::1 rcr ~<<c.~l c:cniro., se5~ec~ ~c ~u^:~~i ~^~ ra~riai~o^. Ruu:i~Lr's 4~fice gy _~ ~Jtiy I'~~1..------------ 515193 20V - 313C