HomeMy WebLinkAbout80-145RESOLUTION AUTHORIZING CHAIRMAN OF THE BOARD OF
SUPERVISORS TO ~XECUTE AGREEMENT ~OR DIAGNOSTIC
STUbIES (JUVENILE/CR~M~NAL) IN THE DEPARTMENT OF
THE YOUTH AUTHORITY
WHEREAS, the County of Butte is desirous of obtaining the
services of the Departmenti of the Youth Authority regarding dispo-
sytions to be made with respect to minors who have been determined
by the Juvenile Court of this county to be persons described by
Wel~are and Institutions Code Section 602; and
WHEREAS, the Departmen~ of the Youth Authority is capable
of providing the s~rvices as specified in the proposed "CR° Contract,
copy of which is attached hereto; and
WHEREAS, said agreement has been approved by Auditor and
Counsel;
NOW, THEREFORE, BE Im R~SOLVED that the Chairman of the
Board of Supervisors of the County of Butte is hereby authorized to
execute said agreement on beha~f of the Count~ of Butte.
PASSED AND ADOPTED by the Butte County Soard of Supervisors
this 15th day o~ July, 1980, by the following vote:
AYES: Supervisors Dolan, Mose~.ey, Wheeler az~d Chairman. Lemke
NOES : No~.e
ABSENT: Supervisor Winston
NOT VOTING : PFone
ATTEST:
~
Ft0 RT E. LEMKE, Cha rman of the
Board of Supervisors
CLARK A. NELSON, COUNTY CLERK
and ex-officio C1erk of the Board
By
"CR" ConCract Vo. 115
~'WE~IZIW /CRL•~iNAL CQi]PT PLACE~I~T
ACREE~~'~' FOR DI?~G~TOS'~IC ~A.~YD '~RF.r1T'~EiV~
SERVICES :~YD 'I'E.LDOR:~RY DETE~1TxON PI
FAC~LITTES OF THE DEPART~fENI' OF 'THE YOt3TH AUT'~30R~'~Y
x~ilS ~GREEMEN~', made and antered .
5acramento, California by and between
du~y appointed and qualified Di.r2cCor
ca ~1 ed the ST ~T~ , and the C~U~i'I'Y OF _
GQU~TY.
znto this Ist day o~ Ju3~y, 19S~J, aC
the STATE OF CALxFOk~NI~, Chroug?~ i4s
ot the Youti~ Aut'noriCy, h~re~,nafter
BUTTE , ~er~inafter caJ.~ed Lhe
WEiE~~AS, Sectian 1752.1 0~ the We~fare and Tnstitutions Code of the S~ate
of Ca~ifora~a pzovides th.aC ~he Di.rector of the Yaut~h Authority may enCer znto
contracts, ~ai.th ~he approval o£ the Di.r~ctor of Finance, wi~h anq C~U~3'i'Y o~
thzs STA~' u~rn request ai ~he Board o~ Superviso~s thereaf, saherezn the
Departmen~ oi ti~e Youth r~uthoritq agrees to provide diaQnostic and ~reztmen~
services and ter~porary d~Can[ion duxing ~he p~riod of sCud~ to tha CQU~FTY o=
selected cas~s o~ persons eI.zgibl.e fo~r co~itaant ta the €?epartzaent o~ tha
Yaueh Authorit~l.
NOjd, T}3EREPOR~, i~ consideration of Che muC~al covenants and proma.ses
he.rei.n contained, Che pasties her~to aaren as fo~.lows:
L. In any cas~ zA whici~:
(a) ~ 3uvenile Court o~ Court oz crimi.nal jurisdiction has
determined Chat a persoa is e~igible For commitrn~n,t Co th2 Youtn
A~thori~y, and
.(b} said Court ~oncludes thaC a~roper dis~os;.~ian of the ~ase
requiras sucr~ Creatrnent and diagnosis as ~2n be made a[ a YouCh
Auti~oraty facilitv, and
(c) sa~d Court orders such pe.:son ta oe placed in a~aci~ity for a
perioci aot to e:~ceea 90 days as aut'norized hq SecCion 70~
(juveni~e) or Section 1731..~i (adu?C) of the ?Jelxare a:~d
Instztu~ions Code, and orders Chat t;~e ~Jirec~or of ChE: Youth
Aut~ority report Co the Court its diag*~osi.s and reco~mendaCions
concezning ~ne person wi. thin t'ne 9d~daq peri.od.
Th~ DepartmenC of the You~h Authority si~aZl acc~pt such persan i~ it bal.ieves
tha~ the person c~n 'oe ma~ezial3y benpfi~~d by such diag~os~ic and trea ~nen~
services and if the Director of the '~outh Aurharitq certifies ~~at sta~~ anc~
i~.sti.tutions are available. Vo such ~erson sha11 be txansported to any
facility under t~e jurisdiction of tne Depart~enC oE the Youth AuCho'CiCy unti.l
the ~7ireCtor o~ said Depart~ant has nati=ied th~. re£er;.ing Co~srt of ~he place
~o cahicn said psrson is Co ~Q transportzd and of tne time at *Hhic~ he can be
received.
• __~
. "CR" COntract No. 116
JLNEN~LE/CR~i~IZNAL CO"(IR'T PLACE~N~
AGR~EME~TI' FOR DIAG~TOS~~C ANA TREA.Ti~NT
SE~VICES ANA TE:~ORARY DE'TE~i]'Z'~pN ~N
FAC~L~fiIES QF TI~E DEPAR'Z'~IEN'T pF THE YOU'SH AiTTHOR~'~Y
THTS AGREEMENT, made and entered , zn~a ~his ~ st day of Ju].Y, 1980, ar
Sacramento, California by and between ~he STATE OF CALIFORNYA, through i~s
duly appo~.nte~ and qualifzed Azrector of the Youth Authoritp, ~ereinaf~er
ca~Ied the STATE, and t~ie COiTNTY OF BUTTE , hereina~ter call.ed the
C~UNTY.
Wf~REAS, Secti.on i752.1 of the We~fare and Tnsritutions Code o~ the S~a~e
pf Calzforr~ia provides tY~at tha Dire~tor of ti~e Youth Authority nzay enter into
contrac~s, wi.th the agprova~ of the Directvr of Fanance, w~th any CaUN'xY at
this STA~' upan request of the Board of Supexvisors thereof, wherein the
Depaxt~ent o~ the .Youth Authari~y agrees ta provide diaonostic and '~reat~en~
sez~vices and tempora~y detenti.on during the perzod of study to the C~iTNTY of
sel.ected cases of persans e~.i.gzble for comnnitaent ~o the T}egartmen~ of theT ~
Youth Authority. .~.r
i; n
~ rn
Fs
.~'y q}
~iQW, THEREFORE, in consideratiian of the ~u~uaZ covenan.ts and promises~ ~
herein contazned, the parties hereto agree as £ollows: ~~
~ u~
~~
1. ~n any case in which: ~~.!~
"' U
( a) A Jnvenile Court or Court af crim.inal juri.sdiction has;~ ~~
determzned C~at a p~xsort zs eligzhle for cozmni.ffienti ~o the Yauth~ ~'"
Anthority, and ~.~~
~ ,~ ~
{b) said Court ~oncludes that a proger dis~osita.on of the case~ ~~
requi.res such treatment and diagnasi.s as can be made at a YauthQ "~
Authority facility, and ~'„~
~
U
N W "'~
(c} said Caur~ oxders such person to be placed i.n a facili~y for a~~ ~~
period z~at to ~xceed 90 d3ys as autharized ~ by SecCion 704`"' °~
(juvenile). a~ Section i73J..6 (adu~.t) of the We3.fare and
Ins~i~u~ians Code, and arders that the Azrector of the Youth
Authar~.ty r2poxt to the Caurt i:~s diagnosis and reCOrmmendatzons
concex~ning the person wzthi.n the 90--day period.
The Depaxtment of the Yauth Authori.ty shaJ.l accep~ such person if it b?liev'es
that the pexson ~an ae materially benefited by such dzagnostic and trea~en~
servzces and if rhe Director of ~he Youth Authozity ce~rafies ~hat staff and
i.nstitutians are available. No such person shall. be transpor~ed ~o any
facility under the jurisdiction of the Degartment of the Youth Aut'nori.ty uz~t~.l
the Director o£ said Department has notified ti~e r~:ferri.ng Court of t~e place
to tJ~i.ch said person is to be transported and a~ khe time at which he ean be
received.
2. C~~NTY sha17 execut~ t~e Co~r~ fl~der by transparting such person to
the f ac i 1 ity i ndi cated hy the S~ATE and rett~rning h im therefror~ to the Court
at no ~xpense to ~he STATE. .
3. The acceptance, temporary detentio~ and deliv~ry of such persan shal~
be in accordance with instructiar~s -~ssued from t~me to time by t~e Director of
the You~h Au~Mority,
4. STAT~ shaTl provide diagnostic and tr~atment serv~ces and temporary
detent~on dur~ng the periad af st~ady to the COUNT'f far such accepte~ p~rsons;
and the Direc~or of said Department sha11, w~ti~in the 90 days, cause s~ach
accepted person to be treated and exam~r~ed ar~d shall ~arward to ti~e Caurt Yris
diagnosis and recor~rnendatior~s concerning s~ach person's ~utUre care, supervi-
si on, and treatment.
5. All such persans while ~rnder temporary detent~on hy the S7A1'E
pursuant to t~is carttract sha~~ be su~ject to the ruies of the You~h
Authority.
6. CUUfVTY agrees ta pay to STATE ~he sum a-F $1,8~7.~0 per month far eac~
case studied, or for periods of Tess than a~u11 month, COUN'~Y agrees to pay
STAT~, 1/30th of the monthly rate per persan per day, o~F temporary detention,
such costs naving been determined ~y ~he Director of t~e Youth Autnority ~a be
necessary ~o reimburse~ t~e STA7E far tf~e costs incurred. CO~NTY shall be
bili~d far the cost of services for t~e day the person is received but not for
~he day the person is removed ~rom the program.
7. Notwrttt~standing the prnvisions of Item 1., Subdivision(a), the Youth
Authority shall accept wi~~o~t cost to the COU~ETY, any persons remanded ~ur-
suant to Section 707.2 af the Welfare ar~d Institut~ons Code.
8. T1~e tota~ amount af ~~is agreement shall no~ exceed $~a,000 .
9. Th is agreement r~ay be amended upon mut~aai agreement by the partiEs
hereto in writing and shall became effective only upan approval by the State
of Ca 1 if orn~ a, Department of Fi nance and the Departr~ent o~' Gerteral Servi ces.
10. STAT~ s~all bi~l the COUNjY monthly, by means o~ itemized statements
submi'tted in tr~pl~cate ~orm far any such costs, and the COUN~'Y 5ha11 make
rem~ttance or payment thereof within thir~y (30) days of receipt af any such
bi~ling.
Said remittance sf~a11 6e mailed to:
qepartment af the Youth A~thori~y
~epartmental Accoun~~ng Office
4241 W~Tlia~sbaurgh Drive
Sacramertta, Cal i forn ~ a 95823
11. TIZe period of thxs Agreement is from July I, 1480 to ~une 30, 1981
inclusive; not to axceed one year, pravided that the Agseement may be ~ermi-
nated by eiCher party g~.ving 30 days notice in ~~riting.
~.2. COUiQTY, hereinaf ~er also known as Contractor, agrees to conf orm to
the ~air Emp~oyment Practxces Addenduza attached hereto and made a paxt hereof.
Z3. Ail natices herein provided to be ga.ven, ox which may be gi.ven, by
ei.ther party to Che ather, s~,all be deemed Co hava been fully given when made
in writzng and deposited in 'th~ Tlnited States mail, certified and postage
prepazd, and addressad to auch party a~ zts add~ess set ~vxth under its
si.gnature to ~his AgreemenC. Notha.ng herein contained shall preclude the
giving of any such wx~.tten notice by personaL service. '£he addrass ta whi.ch
notices shali be mailed as afpresaid to ei'ther party may be changed by written
notice given bp such par'~y to Che o~her, as hereinbefore provided,
STATE OF CALIFQRNIA
Department o£ the Yout~h Authority
~y
~i.C3.e ief
Div. of Admi.nistxative Seraices
urrr5r oF
sy
~`1tZQ CHAIRMAN OF BOARO OF31lI~RYIiUw6
42G.1 WzZliamsbaurgh Drive
Address
Sacramento, Ca13.forn.ia ---•---
Czty 5tate
95823
Zip Code
I hereby certify thati al~. conditions
for exempti.an have been compZied w~th
and this contract is exempt ~ram
Deparbment of Fi.nance and Dagarbx-ent
of Gen.eral Services' appraval per
Exemption NoCice No. 409.
P. 0. Drawer 26q
Addre ss
Orovillc California
City 5tate
59~5
Zip COde ~cr} Eor {iscaf curn`rul, sul~jec~
_,!:~~i ;::~;;_ra~~-ia~ioqo
Auditor's C.~fficc~
~y `----- -~...w~~.,,~~~. .~ ~.~-- _
/~~~ G~ - DGS ApAT~! not Required
' GC Pet SAM Sectlon t2
Bureau Chief DYAAppd. °~S G
Management Services Branch
NOfiE: A cer~ified copy o£ ~he resolution o~ the Board of Supervisors of the
County authorzzing the execution of thi.s contracC i.s ta be attached
to the contract.
FAtR ~MPLOYNIENT PRAC7iCE5 ADq~NDUM
I. In #he perFOrmanca of this contract, the Can#ractor wiN not discriminate against ar+y employee or applicant
for em~ioyrnent betause of rate, talor, religion, ancestry, sex*, age*, nationaE origin, or physitai handicap*, The
Centractor will take affirmative actian ~kq en5ure tha# applicants are employed, and tha# employees are treated
during employment, withoe~t regard to their race, color, religion, ancestry, sex*, age*, national origin, or physica!
~tandicap*, 5uch action shalf irtCEude, but not be limited to, the fpliawing: empfoyment, upgrading, dertsation
or transter; reCruitment or recruitment adverEising; layof# or terminatian; rates of pay or ather forms oE Comp~n-
sation; and selectiore for trai~ing, inUuding appren#iceship. Ti~a Contractor shail post in canspicuous places, avail-
able to empioyees and applicants for emp(oyment, notices to he provided by the State setting fortt~ ti~e provisions
ot #his Fair ~mploymant Practices seciion.
2. 7he ContraCtar will perrrsit ae[ess to his/her recard5 of err~ployment, employment advertisements, appfi[a-
tion forms, artd other per#inent data a~d records 4y #he State Fair Employment Practices Corr~mission, or any
other agency of the State of Caiifornia des~gna#ed by the awaraang authority, for the purpose of investigation to
ascertain corr~piiance wi#h the Fair Empiayment Pra~ti~es section of this contract.
3. Ramedies for Willfu[ ~Iiolation:
(a] The State may determine a willful ~iola#ion of the ~air Erttployment Pra[tices pravision to have
occurred upon re~eipt qr a final judgement having that effect from a caurt in an a[tion to whi[h
Cantractqr was a party, or upon receipt of a wr"st~en notice fram the ~air £mplayment Practices
Commissian that it has inveStigated and determined that the Contractor has viola#ed the Fair ~mploy-
ment PraCticeS ACt and has i55ued an order, under Labor Code Section 10.Z6, which has betome final,
or vbtained an i~junction uncfer Labor Code Settian 1429.
~h} For wilifui violation ot this Fair Employment Practi[es provision, the SEate shail have the right to
terminate this con#ract aither in whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shalE be horne and paid for i~y ti~e Contra[tor and by his/her
Surety under the performance bond, if any, and ihe State may dedutt from any moneys due or that
thereafiter may become due to Ehe Contrac#or, the differenca between the price named in the contract
and tt~e actua! cost thereof to the Sta#e,
*See Labor Code SecEions 1411 - 1432.5 for further details,
sro. ~ (a~»~-
WP
. , . - . . . , ~ . " ~\ '
' STATE~ OF CAl1FORNIA YdUTH AND ADl1t7 CORRECTIONAI AGEl~IGY • EbMUND G. BROWN lR., Gorrmar
D~PARTMENT OF YOUTH AUTHORITY . ~ ,~;~,
424~ Will3amsbourgh Qrive :-'~
Sacrar~ento, CA 95823
August 25, 1q80 .
Mr. ~7auace A Herra.n~ . ~ ~ • . -
Ghi~f Froba~ion O~fice~ ~
. Bu~te Co. Probation Dep~.
' 227q Del Oro Ave.,' Ste.' C .
Orovil~.e i cA 95865 - ..
Dear Mr: Herz~zng: '
. ~nc7ased are the ful]y execu~ed con-~rac~s between your county and the State of
Ca~i~'orn~a f or diagnostic and trea-~ment services in a recept~on center-clinic
of this Department.
Should any prob~ems or q~estions arise ir~ car~~ection ~vit1~ this service, pl~ase
do not hes~tate to con~act me at the address be1ow. In order ~a be o~` grea~--
es~ assistance in the diagnos~s of a r~~~o~^, we encourage you to raise spec~fic
questions ~o wF~ich you would. l~ke the staff to seeic answers.
. O~partment of the You~h A~~harity
Case Services Section
42A~~. W~ ] 1~ amsbaurgh Rrive
Sacramen~to, ~A 95823 ~ ~
~ Si r~cereZy, ~ .
P a~ S. West, Direc~or
~----~` ~1r~1,~. ~~ C
T~omas A. McGe~, Adini n i s'~rator
~ Case Serv~ces Sectio~ .
(9~6} 322-9761
TA~+'! : he
78B-3589B
Enc~osures
cc: R. Mayse, Case Services
~ L. Mi~ler, Accounting
Y~. Crow, Data Processing
Butte Go. Pro`vation Dept' "" ~ ,
~UG 2 ~ 1980
psaville, Cals}orri~a
_ _: