Loading...
HomeMy WebLinkAboutMINUTES - 05241994 - 2.3 TO: BOARD OF SUPERVISORS Contra �� . FROM: Gerald S . Buck, County Probation Officer rT� j Costa r County DATE: April 25_, :1994 SUBJECT: Inter-County Placement Agreement - Solano County :;PECIFIC REOUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION' . That the County Probation Officer be authorized to enter into -an agreement with Solano County and the. Solano County Probation Department to provide juvenile detention services for juvenile offenders in the Juvenile Halls of Solano and Contra Costa Counties . . BACKGROUND From time to time the capacities t o the Juvenile Halls in Contra Costa and Solano Counties are exceeded on a short term basis . The Probation Chiefs of these counties need alternatives to correct overcrowding circumstances . It is anticipated that there may be times when one Juvenile Hall is experiencing overcrowding and the other has bed space available . The purpose of this agreement is to allow mutual aid when possible to abate overcrowding- on a temporary basis . Daily charges for detention shall be at the capitated rates established for use in claiming Emergency Assistance Federal fund reimbursement under the provisions of Title IV-A of the Social Securities Act . The present capitated daily. rates of costs for the two counties are: Contra Costa $165/day Solano 97/day- Each Department can recover 500 of these costs for minors eligible for Emergency Assistance. Nearly all would be eligible . CONTINUED ON ATTACHMENT: RYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S:GNATURE(SI: / 'C71DN OF BOARD ON 1 1 0-� J -;�E APPROVED AS RECOMMENDED _1Z OTHER VOTE OF SUPERVISORS -Z/ I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc SEE PAGE 2 _ 2 - ATTESTED PHIL BFTCHEL R.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOA \/0 BY_, ✓ -� -Q���� - DEPUTY 2 - UTILIZATION This agreement would only be implemented if one of the County Juvenile Halls was experiencing overcrowding and the other had a lower population and could accommodate out-of-county detainees without interfering in anyway with its own capacity to detain or cost of operation. Inter-county charges allow the placing County to claim Title IV-A reimbursement . This mutual assistance agreement could serve Contra. Costa in two. ways : - (1) to provide relief for short-term overcrowding at minimal cost and (2) to provide a revenue to .offset County net costs at such times as bed space may be available in the- Contra Costa County Juvenile Hall . If circumstances under which the agreement can be implemented do not arise, there is no cost or burden to either County. If this type of agreement proves mutually beneficial, it would1be the .Probation Officer' s intent to seek mutual assistance agreements with other nearby counties THE AGREEMENT The attached agreement language has been reviewed and-'approved by, County Counsel and Juvenile Court Presiding Judge Lois Haight . Attachment Contact : Jerry Buck, 313-4180 - CC : County Probation- Officer; County Administrator Auditor-Controller Contractor via Probation' i I l i i AGREEMENT FOR JUVENILE HALL''bETENTION SERVICES FOR THE PROBATION DEPARTMENTS OF THE -COUNTY OF SOLANO AND. THE COUNTY OF CONTRA COSTA THIS AGREEMENT is made and entered into as of the day of 1994, by and between the COUNTY OF SOLANO (hereinafter "Solano") and the COUNTY OF CONTRA COSTA (hereinafter "Contra Costa" ) , political subdivisions of the State of California. R E C I T A L' S WHEREAS, Solano and Contra Costa occasionally have the need . . to detain minors in Juvenile Hall by order of the! Court and pursuant to the laws of the State of California, and, WHEREAS, Solano and Contra Costa operate Juvenile Halls where, from time to time, periods of overcrowding occur such that ,Solano and Contra Costa desire to contract for placement of minors in their respective. Juvenile Halls pursuant to orders of their Courts and to the extent space is available; and, WHEREAS, the Chief Probation Officers of Solano and Contra Costa, or .their ,designees, shall be empowered to accept, reject, retain or return any detainee placed in their Juvenile. Hall pursuant .to this Agreement.; NOW, THEREFORE, it is mutually agreed as follows : . 1. SCOPE OF SERVICES Solano .and Contra Costa agree to perform the services described in the Scope of Services, Exhibit A attached hereto and incorporated herein by reference. 2 . COMPENSATION Solano and Contra Costa agree to pay the capitated rate pursuant to Title IV-A of the Social Security Act that is in effect on the date of placement . This capitated rate shall not include the cost of hospital, medical, surgical,, dental, optical care and treatment or the cost of transporting detainees to and from each respective Juvenile Hall . 3 . METHOD .OF PAYMENT Upon submission of invoices, and upon approval of each County' s representative, Solano and Contra Costa shall pay each other monthly in arrears for costs incurred the prior month. 1 4. TIME OF PERFORMANCE A. This Agreement shall be for a period .of 12 months beginning on the date of execution of this Agreement and ending 12 months thereafter. B. This Agreement shall be automatically renewed each year unless terminated by ' Solano or Contra Costa. 5 .. MODIFICATION AND TERMINATION\ This Agreement may be modified or amended only by a written instrument signed by the .parties hereto. This Agreement may be terminated by Solano or Contra Costa, the terminating County shallbe paid for all costs made in good faith in accordance with the 'terms of this AGreement that are unpaid at the time of termination. 6 . INDEMNIFICATION Solano agrees to indemnify, release and hold harmless Contra Costa, its employees, agents and elective and appointive boards from and against any damages `,including costs and attorney' s fees arising out of negligent or intentional acts or omissions of Solano, its employees or agents . Contra Costa agrees. to indemnify, release and hold harmless Solano, its employees, agents and elective and appointive boards from and against any damages including costs and attorney' s fees arising out of negligent or intentional acts or omissions of Contra Costa, its employees or agents . 7. INSURANCE A. Without limiting their obligation to mutually indemnify each other hereunder, _each County shall maintain and keep in force during the term of this; AGreement sufficient appropriate insurance, and/or self-insured status, covering comprehensive general liability, automobile liability, Workers ' Compensation or such other insurance that maybe necessary to adequately insure against all liability arising', out of the operations by or on behalf of Solano and Contra Costa in the performance of this Agreement . - B. Such insured or self-insured status shall not be reduced or canceled without 30 days written notice given by each County one to the other. 2 8 . NON-DISCRIMINATION 3, Solano and Contra Costa shall each comply with all. applicable federal, state and local laws, rules and regulations with regard to services rendered under this Agreement and shall not discriminate on the basis of age, ancestry, color, gender, marital status, medical condition, national origin, physical or mentaldisability,, race, religion .or sexual orientation. 9 . NON-RENEWAL. Solano and Contra Costa each understand and agree that there is no representation, implication or understanding that the services provided for under this Agreement will be renewed under a new Agreement following expiration or termination of this Agreement . 10 ., NOTICE Any notice provided for herein necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class mail addressed as follows : SOLANO COUNTY CONTRA COSTA COUNTY 11. ENTIRE AGREEMENT. This Agreement including exhibits referenced herein embodies the whole agreement between the parties hereto, and there are no inducements,- promises, terms, conditions or obligations made: or entered into by solano .or Contra Costa other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first written above . . COUNTY OF SOLANO COUNTY OF CONTRA COSTA BY BY 3 f i w Exhibit A SCOPE OF JUVENILE HALL DETENTION SERVICES FOR THE PROBATION DEPARTMENTS OF THE COUNTY OF SOLANO AND THE COUNTY OF CONTRA COSTA 1 . The Chief Probation Officers, or their designees, of Solano I nd Contra Costa shall have the authority to accept, reject, retain or return any detainee placed in their respective Juvenile Halls . 2 . Neither Solano nor Contra Costa shall be under any obligation to accept each other' s .detainees . 3 . All detainees under the 'care of the host Juvenile Hall shall be under and in receipt of common supervision. 4 . Each ,County may, without'. notice, remove any detainee placed in the host County Juvenile Hall pursuant to this Agreement . 5 . All legal requirements including but not limited to, notifying parents, service notices, arranging any required court appearances or hearings shall be the exclusive responsibilityof the sending County. The host County shall not be' required to assume responsibility of fulfilling any legal requirements regarding any detainees from the sending County., 6 . The sending County shall reimburse the host County for all costs of medical or dental care including emergency care ofa first-aid nature. The host County will first receive authorization to! perform this care in advance, unless the condition is such that the delay Caused by securing prior authorization would jeopardize the health and safety of the, detainee . 7 . For any reason, the host', County may request some or all of the sending County' s 'detainees be removed. This is likely to occur when the; host County no longer has space without overcrowding their facility. All efforts will be made by the host, County to give 48-hour notice to the sending County prior to removal . 8 . Each County shall annually provide to the other a certification that its Juvenile Hall is in continuing conformity with the Minimum Standards for Juvenile Halls (Sec. 4266-4315, Title 15, California Code of Regulations) . i j11/icagree.wp i j � 3b TO: BOARD OF SUPERVISORS ^` L_ Contra FROM: Gerald S . Buck, County Probation Officer j Costa County DATE: April 25, 1994 SUBJECT: Inter-County Placement Agreement - Del Norte County SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION That the County Probation Officer be authorized to enter into an agreement with Del Norte County for the purpose of placing delinquent wards of the Court in Del Norte County' s Bar-O-Boys Ranch at a monthly rate of $1, 800 . 00 . BACKGROUND Del Norte County operates a boys ' ranch under the provisions of 880 WIC known as Bar-O-Boys Ranch. This camp has 42 beds which exceed that county' s needs . Beds are made available to other counties under the provisions of 888 WIC and wards may be placed out of county pursuant to Section 755 WIC. Contra Costa County has limited resources for the residential care and treatment of delinquent wards . Short of commitment to CYA local options are limited to foster group homes and Byron Boys ' Ranch. When neither is appropriate or has been tried unsuccessfully, another option is needed to commence treatment and rehabilitation expeditiously and minimize time in Juvenile Hall . The Bar-O-Boys Ranch has been visited, inspected and evaluated by a placement deputy probation officer who found -it suitable for placement of selected delinquents not amenable for group home placement or commitment to Byron Boys ' Ranch. CONTINUED ON ATTACHMENT: RYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S!GNATUREIS): =CTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: SEE PAGE 2 ATTESTED PHIL BATCHEL R.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ;sr BY I DEPUTY - 2 - COST The rate of payment charged by Del Norte County is $1, 800 per month on a use basis only when space is available. Del Norte County has agreed to rebate this rate by funds it receives from the State per Section 1820 WIC which are approximately 210 of the charged rate . The balance of Contra Costa' s cost of placement can be offset by claiming reimbursement via Title IV-A Emergency Assistance federal funds, reducing the County monthly cost to approximately $525 . This can be compared to the monthly cost of group home care at $3 , 300 (gross) and Byron Boys ' Ranch cost of $2 , 000 . It is anticipated three to six boys would be placed at Bar-O-Boys Ranch per year and sufficient funds are allocated to Probation to cover costs for the use of Bar-O-Boys Ranch. THE AGREEMENT The attached agreement language has been reviewed and approved by County Counsel and the Presiding Juvenile Court Judge Lois Haight . Attachment Contact : Jerry Buck 313-4180 CC : County Probation Officer County Administrator Auditor-Controller Contractor via Probation BAR-0-BOYS RANCH AGREEMENT THIS AGREEMENT, entered into by and between the COUNTY OF DEL NORTE (DEL NORTE) and the COUNTY OF CONTRA COSTA (CONTRA COSTA) , both counties being political subdivisions of the State of California, WITNESSETH: WHEREAS, DEL NORTE maintains and operates Bar-O-Boys Ranch (Ranch) , a boys juvenile facility pursuant to Division 2 of Part 1 of Chapter 2 of Article 15 of the Welfare and Institutions Code; and said facility has accommodations in excess of DEL NORTE' s needs and available for use by CONTRA COSTA; and WHEREAS, CONTRA COSTA is desirous of using said facility for housing certain of its Juvenile Court Wards; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS : 1 . CONTRA COSTA, in consideration of DEL NORTE providing accommodations for its Juvenile Court Wards, agrees to pay DEL NORTE, and DEL NORTE agrees to accept the sum of $1, 800 . 00 per month for each accommodation subject to a rebate prorata to CONTRA COSTA from AB 799 funds paid to DEL NORTE. 2 . The payment provided above shall cover all costs with respect to the care and maintenance of the Wards except the following: (a) Costs of any hospital, medical ori surgical care and treatment for Wards; (b) Costs of any dental care for Wards; (c) Costs of transportation and maintenance between CONTRA COSTA and RANCH. The cost of items a, b, and c will be in addition to the other charges hereinabove mentioned and will be paid by CONTRA COSTA at DEL NORTE' s cost . 3 . DEL NORTE agrees to indemnify, defend and save harmless CONTRA COSTA, its officers, agents and employees, from all claims and losses whatsoever, including attorney' s fees occurring or resulting to any and all persons, and from any and all claims and losses resulting to any person, firm, or corporation for damages, injury, or death directly arising out of, or connected with DEL NORTE' s performance of this agreement . CONTRA COSTA agrees to indemnify, defend and save harmless DEL NORTE, its officers, agents and Bar-O-Ranch Agreement Page 2 employees, from all claims and losses whatsoever, including attorney' s fees occurring or resulting to any person, firm, or corporation for damages, injury, or death directly arising out of, or connected with CONTRA COSTA' s performance of this agreement . 4 . DEL NORTE reserves the right to reject or return any Ward of CONTRA COSTA who DEL NORTE determines is unfit for the RANCH program. 5 . This contract may be terminated at any time by either County hereto upon a 30-day written notice to the other County. IN WITNESS WHEREOF, DEL NORTE and CONTRA COSTA have executed this agreement this day of 1994 . COUNTY OF DEL NORTE By Chairman of the Board of Supervisors ATTEST: Karen L. Walsh, Clerk of the Board of Supervisors, County. of Del Norte, State of California COUNTY OF CONTRA COSTA By County Probation Officer ATTEST: Deputy Clerk, County of Contra Costa Board of Supervisors, State of California j11/icagree.wp