Substantive Provisions Clause Samples
The "Substantive Provisions" clause defines the main rights, obligations, and responsibilities of the parties under the agreement. It typically outlines the core terms such as deliverables, payment terms, performance standards, and any specific duties each party must fulfill. For example, in a service contract, this section would detail the scope of services to be provided and the timeline for completion. Its core practical function is to clearly establish the essential terms that govern the relationship between the parties, thereby reducing ambiguity and minimizing the risk of disputes.
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Substantive Provisions. If any provision in a definition is a substantive provision conferring rights or imposing duties on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in this Agreement.
Substantive Provisions. A. The State agrees to develop and implement effective measures to prevent inappropriate institutionalization and to provide adequate and appropriate public services and supports identified through person centered planning in the most integrated setting appropriate to meet the needs of individuals with SMI, who are in or at risk of entry to an adult care home, pursuant to the details and timelines set forth below.
Substantive Provisions. As part of this Agreement to settle and resolve pending litigation between the United States and the State of Georgia, the Parties hereto agree to the measures set forth below:
Substantive Provisions. The parties agree to enter into this Third Amendment, with terms as follows:
Substantive Provisions. Lake County officials and LCJ shall take any actions necessary to achieve substantial compliance with the substantive provisions of the Agreement listed below. Lake County officials and LCJ shall implement and administer all the substantive provisions below in accordance with generally accepted correctional standards of care.
Substantive Provisions. A. In order to comply with this Settlement Agreement, the State shall develop and implement the services set forth below in this Settlement Agreement. The services may be provided directly by the State or through contracts with CMHPs.
Substantive Provisions. The parties agree to add the following definitions to Section 1, “Definitions”:
Substantive Provisions. A. MENTAL HEALTH CARE The following substantive provisions are intended to address the findings of the United States in connection with its investigation of, and apply only to, South Bend and Logansport.
1. The State shall ensure that adequate mental health care and treatment services are provided to youth in the facilities.
2. The State shall develop and implement policies and procedures, and practices to ensure that all youth admitted to the facilities are comprehensively screened by qualified mental health professionals in a timely manner utilizing reliable and valid measures. All youth committed to the State’s care shall receive a comprehensive mental health screen. Additional mental health services will be available by qualified mental health professionals to all youth needing such care. Available Mental Health Staff will include psychiatrists, psychologists, licensed clinical social workers, and licensed mental health counselors. Staffing patterns will be consistently assessed to assure appropriate numbers of staff at all facilities.
3. The State shall ensure that youth whose mental health screens indicate the possible need for mental health services receive timely, comprehensive, and appropriate assessments by qualified mental health professionals. Assessments shall be updated as new diagnostic and treatment information becomes available. An initial mental health screening will occur within the first 24 hours of entry to a juvenile facility. The screening will include an initial intake, medication review, and needs assessment. A follow-up mental health assessment and, if indicated, a psychiatric referral will occur within the first seven days of entry to a juvenile facility.
4. The State shall develop and implement policies and procedures to assure appropriate action when an intake screening indicates that a youth is taking, or prior to admission may have been prescribed, psychotropic medications. This shall include appropriate steps to contact the prescribing psychiatrist when necessary and referral to the facility’s psychiatrist for evaluation. A psychiatrist will be available to intake staff on a twenty-four hour basis. Psychiatric referrals shall be made based on the intake assessment and whenever the youth has been treated with psychotropic medication within the past sixty days.
5. Each youth in need of psychiatric services, including monitoring of the use or discontinuation of psychotropic medications, shall be under the care of a licensed psy...
Substantive Provisions. 1. No later than April 20, 2022, the Defendants shall implement measures, including but not limited to signing and retention bonuses, to enhance the hiring and retention of correctional officers to ensure that there are a sufficient number of correctional officers to cover all posts, according to PDP post-plans, on each shift at each facility. These measures shall continue until this goal is achieved and thereafter to maintain the proper number of correctional officers.
2. Upon the entry of this Agreement, and no later than May 15, 2022, Defendants shall ensure that each incarcerated person at the Philadelphia Department of Prisons (PDP), with the exception of those who are housed in a designated segregation unit, shall be provided the following out-of-cell times for the following periods: (a) no later than May 15, 2022, no less than four hours of out-of-cell time each day; and (b) no later than August 1, 2022, no less than five hours of out-of-cell time each day. The parties agree that out-of-cell times under normal operations of the PDP have ranged from 8-10 hours a day and increases of out-of-cell time should continue to be made beyond the August 1, 2022 standard, with a presumptive expected increase to six hours by October 15, 2022. The parties agree that this next step shall be based on the recommendations of the Court- appointed Monitor, infra, para. 19, as to scope and timing. Accordingly, the Monitor shall provide recommendations to the Court, based on the Monitor’s analysis of all relevant factors and proposals by the parties, on the next increase in out-of-cell time no later than October 1, 2022, and thereafter on a quarterly basis. See also para. 4, infra.
3. Defendants shall ensure that persons on segregation units shall be provided: (a) no later than May 1, 2022, thirty minutes out-of-cell time on a daily basis and (b) no later than July 1, 2022, no less than one hour each day. Defendants further agree that they will continue their practice of not placing incarcerated people in segregation units due to the lack of space or staffing on other units.
4. By November 1, 2022, based on discussions between the parties and the Court-appointed Monitor, the parties and the Monitor shall submit to the Court a plan for a return to normal operations of the PDP (regarding out-of-cell time, programming, visits, and other services). During the period that precedes a return to normal operations, if the Monitor determines that the Defendants are not providing t...
Substantive Provisions. Growth Boundary Administration: The City shall administer all lands within the corporate limits. Malheur County shall retain responsibility for administration of all unincorporated lands within the Vale urban growth boundary. Such responsibility shall cease immediately upon annexation.