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94-078
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 502; 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 Baard of Supervisors this 2$th day of .Tune, 1994, by the following vote: AYES: Superv~.sors Meyer, Bolan, Noux, Thomas and Chair McLaughlin NOES : None ABSENT : None NOT VOTING : None l y ~~ , ED MC LAUGHLIN, hair of the Board ATTEST: JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER AND CL K OF THE BOARD By Deputy RESOLUTI~.JN AUTHORIZING CHIEF PROBATION OFFICER TO SIGN AGREEMENT FOR DIAGNOSTIC STUDIES (JUVENILE/CRiMiNAL} IN THE DEPARTMENT OF THE YOUTH AUTHORITY STAT~OFCALIFORNIA APPROVED 1BY THE ~'~"^' ,~--'-~ STANDARD AGREEMENT -- A-RORN~Y GENERAL 94_x31 sTD. 21R~v. a-so7 CONTAAOTOR'S FEDERAL I.D. NUMBER THIS AGREEMENT, trade and entered into this 15t day of July , 1 g 94 in the State of California, by and between State of California, through its duly elected or appointed, qual'rfied and acting COUNTY OF BUTTE Department of the Youth hereafter called the State, and hereafter called the Contractor. WITNESSEr!-1: That the Contractor for and in consideration of the convenants, con dons, agreements, and stipulations of the State hereinafmr expressed, does hereby agree to famish to the State services and materials as follows: (Set faith service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, ifany.) 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 follows: 1. In any case in which: (a) A Juvenile Court or Court of criminal 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 tae 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 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 on the reverse side hereof constitute a part of this agreemenk IN WITNESS WHEREOF, this aSltaeement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA BY (r~JTHORIZEI~ SI~,NATUREI Mary`1A~andschneider TITLE Chief Business Services Bureau 2279 Del Oro Ave~afte C AMOUNT ENCUMBERED BY THIS PROGRAMlCATEGORY (CODE AND TITLE) Departrrrent Df GBneral Services DOCUMENT 20 I&C Use Onty (DPTIDNAL USEI PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR 001 aai 346x BA 94 1994 TOTAL AMOUNT ENCUMBERED TO - - 1994/95 pA ~ OBJECT OF EXPENDITURE [CODE AND Tm.E} d i hereby certify upon my awrl personal knowledge thatbudgetedfunds T.B.A. ND. B.R. No. i'C `~tii;(:=LV i Ivl'i !' s;3 are available for the period and purpose of the expenditure stated above. ,1 ~`i ~ i'i'~ ~ ~ ; ~ .._. .. SIGNATURE OF ACCOUNTING OFFICER CONTRACTOR Chief Probation Officer CONTRACTOR ~ STATE AGENOY ~ DEPT. OF GEN. SER. ~ CONTROLLER ~ 9p56667 COUNTY OF BUTTE STANDARD AGREEMENT NO. 94-031 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 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 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 #o 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 $ 3.360.00 per month #or each case studied, or for periods of less than a fuA 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 STAT1= 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 Item 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 $Z5 o~ofl 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. 514194 20V - 313C COUNTY OF BUTTE STANDARD AGREEMENT NO. 94-031 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 (3fl) 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 July1, 1994 to June 30, 1995, provided that the Agreement 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 $1 fl,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 shalt: 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 resolution of the Board of Supervisors of the County authorizing the execution of this contract is to be attached to the contract. 514194 20V - 313C couNTY of BUTTE STANDARD AGREEMENT NO. 94-031 hereby certify Shat all conditions for exemption have E1een complied with and this contract is exempt from Department of General Services' approval per Exemption Notice No. 3.4 Chie ,Business Services Bureau Administrative Services Branch ,~~P~o ~ ©~ s ~~ ~~~~ Butt Co ty Counsel Ap~eavad far $iscc~i con~rol, subEeat ~0 6udyv~F a~~eo~Fia'rian. ~Cli:fi4P $ Qti IC4 __ II 514194 20V - 313C