HomeMy WebLinkAbout80-144~ESOLUTION AUTHORIZING CHAI~MAN 0~ THE BpARD OF
SUPBRVTSORS TO EXECUTE AGREEMENT FOR OBSERVATION
AND TEMPORARY DET~NTZON ZN THE DEPARTMENT OF THE
YOUTH AUTHORITY
WHEREAS, the Caunty of Butte is desirous of obtaining the
services of the bepartment o~ the Youth Autho~i~y regarding dispo-
si~ions to be made with respect to minors who have been determined
by the Juvenile Court of this caunty to be persons described by
Welfare and Institutions Code Section 602; and
WHEREAS, the Department of the Youth Author~ty is capable
of providing the services as specified in the proposed "Z" Contract,
copy of which is attached hereto; and
WHEREAS, said agreement has been approved by Audit.or and
Counsel;
NOW, ~HEREFORE, BE zT RESOLVBD that the Ch~irman of the
Board of Supervisors of the County of Butte is hereby authorized to
execute said agreement on behalf of the County of Butte.
PASSED AND ADOPTED ~y the Butte County Board of Supervisors
~his i5tn day of July, 1980, by the following vote:
. AYES: Supervisors Dolan, Moseley, Wheeler and Chaa.~sn.an Lemke
NOES: None
ABSENT: Supervisoz~ Winston
NOT VOTING: None
ATTEST:
~
ROBERT E. LEMKE, Chairman of the
Board of Supervisors
CLARK A. NELSON, COUNTY CLERK
and ex-officio C erk of the Board
B `
Y
~~-:
THI5 AGRE~~~1'T, aiade an~ antered inCO this lst dap of J~, 1980, at
Sacra.~ento, Cala.forn~.a by and 'oetween the ST4T~ OF C_~I.I~'ORNI4, rhrough its
dulp appo~.nted and qual3fied Director o~ ~he Youth Autnor~.ty, hereinafter
cal.led the STA~.T, and the COiTNTY 0~' BUTTE , hereina~ter called the
COUNrY .
AGRE~L'MEN~ FOR QBSERVATZdN AND
'i'EMPQRARY DETE~TION IN FACII.IT~ES QF
THE DEP.AR~~N'r OF ~IE `~Ot7Z'?3 AUiHdR2~'Y
CJuvenile Caurt Wards)
r~R~AS, Sectian 1752.1 of the rdelfare and Institu~ions Code of Che Sta~e
of Califarnia prvvides ~hat the ~arector of th,e Youth autharity ~ay enter inta
contrac~s, wi~h the a~proval o€ ~he Azrac~or of Finance, wi~h any COiTNTY or
this STA'Ti upan request of the Board o£ 5~xpervisors t~ereof, wherezn the
Departzuent o£ the Yau~~ Authorzty agre~s Co provide temporary de~antion and
observation of selecte~ cases assigned 'op the Court to Ch2 Depart~nent oE the
Youth ~uthor~.ty in connectian wiCh Che opezation of the Juvenal2 Couzt.
~TOW, T~3EREk'ORE, in consideration of rhe ~utual covenants and prom~ses
herei~ conCained~ th~ part~es ~tereto ag~ee as LolJ.ows:
1. In any case in which:
(a) ~ minor has been deCe~iaed by the .7uvenile Court of sazd
COU~T~X to be a persau. describad by SecCi.on b42, Wel~axe and
Instituti~ns Code, and is otherwise e~3.~ible ~o~ co~niCment to
the Youth ~nthorLty, and
(b) sai.d Court concLudes that a disoositioa of Che case ia *he best
anCerest oi the minor r2quix~s such obsaxvatian as can be made
by the Youth ~utharity, and
(c) said Court order tnat sucn a~inor
con~inement of the ~epartment of
pariod na~ to exceed 9~ days a~
Ins~i.Cu~ions Code SecC~on 7Q4, and
th~ Youth Auti~ority renort ko the
reco~nendations concerning the aino
"~" CantYact No. 176
be placed t~mporari~y in t~e
the Xouth Authority =nr a
auChorized by F~e].~ar~. and
orders that the Director of
Court its observarions and
~ wi,thin ~he 40-day period.
Th2 Depa.rr.ment of the Youth AuChor;.ty sha13 accept suck~ persan i.z iC betieves
that the persen can be materi311y benefited by sucl~ tempoxary c3etenti.on and
abse~vatian and i.f Che Director af the Xouth Autnority certifi.es that sta*Y
and institutians are availa~~.a; provided that no such person sha11 be
transported to any tacil:~,ty under the jurisdicCion ot Che D~paYtmenC oz t5e
i~outtz Authoritq unCil the Directo~ a~ 5aid DepartmanC has aoCifi.ed the
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"Z" Contxact No, 1.76
AGAEEME.I~7~ FOR OBSERVATION AND .
TEMPOR,ARY DE~ENTION IN FACILITT~S OF
THE DE:2ART~Vi' OF ~`H~ Y~UTH A.UTHORITY
(Juv~nz~e Court Wards)
~ THIS .AGREE~NT, made and en.texed inta ~his Ist day of Jnly, 19$0, at
Sacramento, CaZ~.fornia by an,d bet~veen ~he STATE Ok' CAI~I~'ORNIA, through its
du~y appointed and qua].~.fied Di.rec~or of the Youth Aut'r~ority, her~i.naf~er
ca~I.ed the STATE, and the Cd11N'.CY OF SUTTE , hereina~~er cali~d the
CQUNTX.
W~REAS, Sectzon 1752.~ o~ Cha Welf are and Ins~itutions Cade of the State
of Calz~orni~...prouides that Che Di.xector of the Xouth Authority may entez in~o
contracts~ with ~he approval of the Director af Finance, with any CQIII3TY of
this STATE upon requesC ot th,e Baard of Su~ervzsars thereof, wherein the
Departmeat of the Youth Aut~hority agxees to provide ~emporary deGentzon and
o~servaCi.an of selec~ed cases assigned by the Court to the Depa~t~ent at tt~e
Youth Authaxi.ty zn connectzon with th~ opera~ia~ of the Juvenz].e Court. , ~
NOW, '~EREFORE, i.n coasideration of the mu~uaZ sovenants and pramises
herei.n conkazned, the parties hexeto agree as follows:
1. In any case in which:
(a) A mixtor h,as been detertained by the 7uvenile Court of said
COUN'TY to be a person described by Sectiion 602, Wel~are and
~nsti~utzons Code, and is o~her~,rise eZigible for commitmen.t tr~
ti~e Yauth Authority, and
(b} said Court conc].ades that a dasposi.ti.on of ti~e case in ~Y-e besC
interest of the minar requires such abservation as can be made
by ti~e Youth Authorzty, and
(c) said Court or'der that such a tainor ~e p2aced temporari.7.y zn rhe
~onfinement of the Department ot the Youth Authori~y tor a
period ~ot to exceed 90 days as authorized by Weif are and
Ins~itutions Code Sect3.on 704, and orders that Che Direc~or of
t~e Ya~sth Autho~i.ty report Ca the Court zts observations and
recommenda~ions concerning the minar wi~hin ~he 90=day period'.
The Depa.rtr~ent ot the Youth Authority shall accegt such persan z~ zt believes
tfiat the person can be material2y benefited by such temporary deCention and
obsezvation and i~ ttte Airector of the Yauth Authori~y certifias that staf~
and insLitutians are avai7.able; pzov~.ded that no such persan sha11 be
trans~ort~d to any f acility under the jurzsdiction Qf the Department of the
Youth .A,uthority until the Director af sai.d Depar~ment~ has notS.fied the
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~referring Court of the place to which said person is to be transported at~d of
the time at which ~ie can be receive~.
2. C~LfNTY sha11 execute the Caurt Order by transporting such person to
the facility i.ndicated by the STA~ and returning him therefrom to the Court
at no esspense to the STATE.
3. 'The acceptance, temporary detention and delivery o£ such pexson shaJ.1
be in accardance witYt i.nstructzons issued from Lime to tiine by ~he nirector of
Cha Youth Authority.
4. STATE shal.l provzde te~nporary detention. and observation ~or such
accepted persons for a period nat to exceed 90 days. The Director o£ saa.d
Department shall, within the 90 da}rs, cause such accepted person to be
obser.r2d and examined and shall forward to the Court such observations and
recotmmendations concerning minos's future care,' supervision, and treatment.
This agreement is limited to such cases deemed by the Caurt to require
obsezvatian, skudy, and temporary detention for preparatipn of an appropriate
diagnosric repor~. ~he acceptance of such cases aze subject to the
avai.7.abi7.i.ty af beds and ~he personal approval o~ the Director of the Youth
Authoritp upon request of the Juvenile CourC Judge or Chie~ Prohation 0£fi.cer
on1y.
5. A~1 such pexson.s whi.le under temporary detention by the STATE
pursuant to this contrac~ shal~. be subject Co the rules of the Youth Authority.
6. COUNTY agze~s to pay ro STATE the sum of $2,02Z.00 for each case
stu~ied, such costs ha~'i.ng been determi.ned by the Director ofr the Xou~h
AutY-arity to be necessary to reimburse the STATE for Che costs ~.ncurred.
7. The ~otial amaunt af thi.s agreement sha11 not exceed $25,000.
8. 'This Agreement may be amended upon mutual agreemenC by Ch~ parties
hereto ia urriting and sha11 become e~fecti.ve only upon appxoval by the State
of California, Department o£ Einance and Che Departm,eat of General Services.
9. STATE shall bill the COUNTX ~on~hl.y, by means of itemized stateman~s
submitted in triplicate form for any such costs, and the COUNTY sha11 make
remittan.ce or paymenC Lhereof withi.n thirty (30) days of receip~ of any such
billings. •
Said remit~ance shall be mai.~ed to:
Departrnent of the Youth Auti~iorzty
Depar~menfial Acconn.ting Office
42~1 Williamsbourgh Drive
Sacramenta, Ca~.ifornia 95$23
io. The period of this Agree~ent is from 3u~.y 1, Z980 to .Iune 30, i981~
inclusixre; not Co exceed one year, provided that t~te Agreeme~nt may be
teraFinated by either party givi.~g 30 days notice i.n writin,a.
11. COUNTY, hexeinafter also known as Contisactor, agrees to conform to
~he Fais EmpLoysnent Practices Addendum aCtached heretio and made a paxt
hereot. ~
12. All noticea hexezn prov~ded to be given, or which may be given, by
ei~her party to the ather, shali be deemed to have been fu~.ly given when made
in writing and deposited in the United States mai.1, certi~ied and postage
p~epaid, and addressed to snch party at i.ts address set f orth undex i.ts
signature to this Agxee~aent. Nothing hexein con~ained shall preclude the
giving of any such written notice by personal service. The address to which
notzces sha11 be mailed as aforesaid to either party may be chan~ed by wx~i.t~en
notice given by such party to the other, as hereinbefore provided.
STATE OF CALIFORNIA
Depart~enr ~f ~he Youth Authori~y_
By ~ .
Title hie
Division of Ad~nistrative 5ervices
CDUNZ''Y OF TE
B
~1~1Q CHAIRMAN OF BqARD OF3Vf[RYI~Q~
4241 WilLiamsbourgh_Drive
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Address
Sacramento, Ca~if arnia
Ci.ty Sta~e
958 23
Zip Code
I hereby certify that alI conditions
for exemption have been compT~ied with
and thzs cantract is ~xempt Erom
Depa.rtment o~ Finance and Department
of Genera7. Services' approva]. per
Exemption Notice ~io. 408.
'/'~ ~ ' f
Bureau C'hie~
. Manage~en~ Servzces Bzanch
P . 0. I7rawer 26Q
Address
~rovilZe, Cali#'arn~.a
City State
959G5
Zip Code Approved ~ror fisca3 can~ra~, sa~a
to buc!<_;~~~• appropria~}iori,
Audifor`s O€~ics
BY ~----^~=`:~-C.~,... _.~.
J
DGS Approval r~ot
~er SAM Sadtan 9
~YA Appd. ~~
NO~.'E: A certi~ied copy of the resn~u~ion af the Board of Supervzsors o~ Che
County authorizi.ng the execurion of this contract is ~o be attached to
th,e coatract. '
788- J.075B
~AIR ~3'u1PL~YMENT PRACTICES ADO~NDUM
1. In the perfo~marrce af this contract, the Con#ractor will not discriminate against any empioyee ar applicant
#ar empfoymen# fsetause of race, color, religion, ancestry, sex*, age*, na#iona! origin, or physica~ handicap*. The
Contractor will take affirma#i~e action to er-sure that appEicants are empEoyed, and tha# employeas are treated
during empioyment, withou# regard tfl their race, colar, religion, ancestry, sex*, age*, natior+a! origin, or physical
hand~cap*. Suct~ action shal) include, bu# not ~e limited to, the foflowing: employment, ~pgrading, demvtian
ar transter; recruitment or recruitment advertising; layoff or termination; rates of pay or other farms of compen-
sation; and seie~tion f~r training, inciud9ng apprenticeship. 1'he Cor~#ractar shall post in conspic~ous places, avaii-
abfe to empioyees and appEican#s for ernpioyment, notiCes ta be provided t~y the State setting fartt~ the provisions
of this ~air Empi~yment PracfiCes section.
2, 'fhe Confrac#vr wili permit access ta his/her retords of employrr~ent, erroployment ad~ertisements, applica-
tian forrrts, a~d other pertinent data and records by the 5#ate ~air Emptoyment Practices Commission, or any
other agenty of the State of Caii#omia designated py #he awarding authority, for the purpose of Rnvestiga#ion to
ascertair~ comgl9ance with the Fair EmpEoyment Practices section of this contract.
3. Ftemedies for Wiilful Violation:
ta] The State may determine a wiliful violation of the Fair ~mpioyment Practices pra~isior to have
occurred upon reteipt of a final judgemen# having that effect from a court in an action to which
Contractor was a party, or upan reeeip~ of a written notica frorn the Fair Employment Practices
CommiSSian that it has inve5tigated and determined that the Contractor ha5 vioE~#ed ttte Fair Employ
ment PraCtite5 Act and has is5ued ar~ order, under Labor Code Settion 1426, which has heCame final,
or obtained an inj~nctiqrt under ~.abor Code 5ecdion 14Z9. ~
(Is) ~or willful vioiafion af th(s ~air ~rnployment Prac#ices provision, the State shalE have the right to
terminate ihis contratt ei#i~er in whole or in part, and any loss or darnage sus#ained by the S#ate in
securing the goads or ser~ices hereunder shall be borne and paicE for by the Contractar and by his/itier
svrety ur~der the performance bond, if any, and the 5tate may deduct from any moneys due or tha#
thereafier rnay become due to the Con#ractor, the differen~e he#ween the prite rtamed in the contraci
and the actual cast thereoF to ti~e 5tate.
*3ee LaSor Cade Settions 1421 -1432.5 for further details.
sro. s {a/ry}
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