HomeMy WebLinkAbout81-156RESOLUTZOAI AUTHORIZTNG CHAIP.MAN OF THE BOARD OF
SUPEftVISORS TO EXECiITE AGRFEA"~'NT FOR OBSEPVb.TION
AND TE:YPL~RARY DETENTION IN THE DEPARTMEN~ OF T$F
YOUTH AUTHORITY
WHEREAS, the County of Butte is desirous of obtaining the
services of the Department of the Youth Authority regarding dispo-
sitions to be made with respect to minors who have been determ~ned
by the Juvenile Court of this county to be persons described by
4~?elfare and Tnstitutions Code Section 602; and
F?HEREAS, the Department of the Youth Authority is capable
of providing the services as specified in the proposed "Z" contract,
copy of which is attached hereto; axzd
TdHEREAS, said agreement has been appzoved by Auditor and
Counsel;
NO[~T, THERE~'OR~, BE IT RESOLVED that the Chairman of the
Board ofi Supervisors of the County of Sutte is hereby authorized to
execute said agreement on behaJ.f of the Counry of Burte.
PA.SSED AI3D ADOPTED by the Butte County Board of Supervisors
this 14th day of .Tuly, 1981, by the follataing vote :
AYES: Supervisoxs llolan, Saraceni, Wheeler and Chaixman Moseley
I~?OES : None
ABS~NT: Supervisor Lemke
NOT VOTZNG: None
oJ
,RTHA P10SELEY, Chairm of t e~
Board of Supervisors
ATTEST;
CLARK A. NELS{~N , COUDTTY CLERK
and ex-offic' Clerk of the ~oard
By .. ~
'6~" ~an~rac~ Ho. ~.~~
AGR~~MENT FQR 48S~RVATIO~V AND
'~~MPORARY D~ ENT ON IN FACILI~'~IES OF
T~i~ aEPARTMENT OF THE YOUTH AUT~iORITY
~uveni~e CQUrt ~~rds
TI~IS ~IG~EE~lE~lTy made and ~ntered ~nta this Is'~ ~~y af J, uTY, I98~~_ at
Sacramento, Cali#'or°~~a by and be~w~en ~he ~TATE 0~ CRL~FdR~t~R, th~ough 'its
duly appoi nt~d and qua~ ifi ed p~ rectar af ~he You~Gt~ Au~tiar~~~yy f~erei r~after
called t#t~ S~RT~p a~c# th~ CQt~~6TY A~ BU7TE ~,~~ herc~.inaf~er call~d ~,he
CO~IN~Y o
~iH~REASe Sec~ior~ ~752~~ a~ ~h~ Welfar°~ a~d~ ~tis~~~u~ian~ Gad~ a~ '~he S~a~G~
~f Ca~iforr~ia pi^ovides tha~ t~~ pir~cta~~° o~ ~Gh~ ~fo~ti~ A~~hot~ity may enter ir~to
can~rac~~, w7th ~he approval o~ ~he D3re~~o~° flf F~nance, w~~F~ any COiINT'Y af
this STAT~ upan t~eqtaes~ o~ th~ Soard ~-F Sup~rvisars ~hereo~,. wh~rein t~e
D~partmen-~ of th~ Youth Authc~ri~~ agr~es ~o prvv~de ~~em~,ar~ar~y detentio~r and
odservation a-F selec~ed cases assig~~d by tf~~ Coc~r~ ~a ~h~ Depart~t~~t of th~
Ya~tf~ Ruthvr~t~ ira c~nr~~tia~r wi~h the opera~ia~ a-~ ~Ez~ ~u~~~ni:le Cour~.
NO~fp THERF~QR~, ~n considera~ior~ o-~ ~~e r~u~ua~ ~a~~enar,t~ and ~ram~se~ ~
t~ere i n cont ai ~ed, th~ parti ~s t~~reta agre~ as f~T ~ ows : ~°
°a
~
I I~ an,~ case ~n wl~i~ho ~°'
o ~~
~ yY^
~ ~f
{~~ A mi r~vr~ i~as bee~a d~~ermi ned by th
CO~INTY t~ b~ a pe~°sor~ described ~y
Ie~s~i~u~ions Code, and ~s otherw~se
~h~ YoutF~ Autho~°~~y~ and
e Juvenile Caur~ a~ sa~e~, s
Sec~~ari 602, 1~~~~are ar~c.~ ~
e?i~i~l~ for carr~mi~m~n~ ~~ ~~
~-~~
~~
F [u.~ L~
d c6 :.V
~:~~ bes~~'~ ~,
b~ macE~ ~~ ~
n~o
~wti
~ .~ ~
(b~ said Caurt concl~ad~s tna~ a disposi~~ar~ of ~h~ ~as~ i~
inter~st of ~he m~nor rec~~azres s~ch obs~r~~a~tor~ as ~ar~
by ~h~ Youtf~ Au~har°~~~r, and
(c~ sa~d Co~r~G a~rde~° ~~at such a mi~ar
eor~f~nemen~ of ~he Depart~~~~ of
per~od not ~~ exceed 90 days as
~#15t1 ~Eiti Ofi~ Code S~cti ar~ 7~4, and
~he You~h Authori~~ repor~ to ~he
recomm~nda~G~ans concerninq th~ mino
b~ p~ ac~d temp~r°ar i iy ~ n i~heu ~ b
~he You~h Au~h~~°i~'~y ~or a~'~ o
authori zed b~a ~d~7 ~Ear~ ar~d~ = `~
orders ~t~at. t~e Di r~ec~or of
Cour~ i~s ~bserva~ians anct
° v~ith~r~ ~he 90-da!~ perz.ode
Ti~e ~e~artmen~ of th~ Ya~~h Authari~y ~ha1Z acce~t such persan ~if it be~EYev~s
that the person car~ ~~ ma~erially bene-~iteci h~ such ~em~orar~y detention and
ahservat~on and ~f the D~r~ctar of ti~e Youtt~ Ru~hority c~rt~ifies tha~ sta~f
and ~nstit~tians are avaiiabie; provided th~t no sucn persor~ sha~l be ~,rans~
ported '~o any facility under° the ~~risdiction of the a~partment af` th~ You~~
Au~horit~- un~il ~he ~~rec~o~ af sa~d pepartr~ent has rta~~fied ti~e referrit~g
Form ~ ~
Reve 043081 -~~ 78B~1075~~.s
Cour~ af ~he place to which sa~d persan is to be trans~orted and af the time
at which he can be received.
2. COUNTY sha~l exec~te ~he Court Order by trans~orting such persan to
the f acility ~ndicated by the STATE and retvrning him therefrom to the Caurt
at no expense ~a the STATE.
3. The acc~ptance, temparary de~e~tion and delivery of such person sha~l
be in accordance with ins~ruc~ions ~ssued f rom time to time by the Director of
t~e You~h Aut~ority.
4. STATE shall provide temporary de~entian and observation for such
accep~ed persons f or a periad not to exceed 90 days. The Directar af said
Department sha71, within the 90 days, cause such accepted person to be
abserved and exam~ned and sha71 f orward ~a the Court such v~servations a~~
recommendatians cancerning minor's future care, supervision, and trea~ment.
This agr~eritent is limited ta such cases deemed by ~he Co~rt to re~uire o~ser-
vation, study, and temporary detention for preparation of an appropriate diag-
nastic report. "fhe accep~ance of such cases are su~ject to the availabil~ty
of beds and ~he personal approva7 of the ~irectar of tne Youth Au~harity ~pon
request o~ the Juvenile Cour~ Judge or Ghief Prnbat~on Officer only.
5. A11 such persons while under temporary detentian by the STATE purs~-
an~ ta this con'tract sha17 be sub,~cct to the rules of the Youth Authority.
6. COUNTY agrees to pay to STA1'~ the sum o~F $2 2~00 ~or eac~ case
studied, such costs having been determined by the D~rector of the You~1~
Authority to be necessary to ~^eimburse ~he STA~'E for the costs incurred.
7. The ~ata~ arr~ount of this agreement sha71 not exeeed $ 25,000.00 .
8. This Agree~er~t may be amended upon mutual agre~mer~t by the parties
here~o in writing and sha~l became eff ective anly upon approval by the State
of Californ~a, Depar~ment of Finar~ce and the Departmer~t of Ger~era7 Services.
9. S~A~'E shall b~71 the C~UiVTY mor~thiy, by means of itemized stateme~ts
submitted in tr~pl7cate form for any s~ch cas~s, and the C01~f~TY shail make
remittance or payment thereof with~n thirty (30) days o~ rece~pt of any such
billings.
Said rer~i~~ance shali be mailed ~a:
Department of the Youth Authority
~epartmental Account~ng Office
~24~ ~! ~ 1 i i amsbourgf~ Dri ve
5acramento, Cali~orr~ia 95823
1p. T~e period of this Agreement
to ~lune 30,_1982 , inclusive; nat ~o excee~
AgreQment may be termina~e~ by either party g~vir~g
is from _ ~l~,l~ ~ 19~1
one y~ar, prov7ded that tl~e
30 days notice in writing.
Form Z
Rev. 043081 -2- 788-1075Bks
1I. COUNTY, here~naf ~er also known as Contractor, agr~es to canform to
the Fair Emp7oyment Practices Addendum attached hereto a~d mad~ a part hereof.
12. A7l na~ices her~in provided to 6e given, or which may be giv~n, by
eit~er party to the other, sha~~ be de~n~d to have been fu~ly given when made
3n wri~ing and deposited in the United 5tates mai~, certified and pos~age pre-
~aid, and addr~ssed ta such par~y at its address set ~orth under ~ts s~gnature
to this Agreement. Nothing h~re~~ con~ained shall ~recl~de ~he giving of any
s~ch writ~en notice by personal serv~ce. The address to which notices shall
be maijed as aforesaid to either party may be changed by written notice given
by such party to the other, as hereinbef ore provided.
STATE OF GALI~ORI~IA
Depar~nent of the Youtt~ Autnority
By _ /r2c.~-e~e._
7~tle Chief
Administrative Servic~s Division
4241 Willia~sbour h Drive
Address
Sacrarnento, California ._
City State
95823
Zip Code
I hereby certify tha~ a11 Gondi~iorls
f or exemptior~ have been comp7ied with
and tnis contract is exe~~t ~'rom
Departm ent o~ Finance and Departm ent
of General Serv~ces` approvai per
Exempt~on Notice No, 2 .
Bureau Chief
Management Serv~ces Branch
NOTE: A certi~ied ca~y
Caunty authorizin_
the cantract.
~sB-~a7~B
25 County Center Drive (Drawer 269)
Address
Oroville CA
City 5~a~e
~596.5
Zip Code
Approvad for fiscal con~rol, subjeci
fn budget appropriatiorr.
Ayditor's OfFica
sy _`_~. ..
APPROYE~3 AS 70 FQftM
~ Danie! V. B~acks~Fock
u~te County Counsel
gy r_ ........ ........~
of the resolu~~on of the Baard of Supervisors of the
a~he ~xecu~lon a-f this con~ract is ta be attached to
COUNTY OF ~ii]`L'TE
B
T1~iE Chairman, Board of Supex`visors
DGS Approval not Required
Per SAM Section CB
DYA ApFd.
For~ Z
Rev. 06~98I -3- 786-1~75Bhe
FAiR EMPLOYMENT PRAGTIC~S ADD~NDUM
i. In the performance of thls contract, the Contractor will not discriminate agains# any employee or applicant
for emplayment 6ecause of race, color, reiigian, ancestry, sex*, age*, national arfgin, or physicat ha~dicag*. The
Contractor wiil take afffrmati~e actian to ensure that applicants are empioyed, and #hat employees are treated
during employmertt, without regard to their race, cpior, reiigion, ancestry, sex*, age*, national origin, or physical
handicap*. Such actian shal{ include, but not he lirnited to, the toliowing: empioyment, upgrading, demotion
or #ransfer; recruitr-'ient or recruitment advertising; layoff or terminatian; rates of pay ar otf~er forms of campen-
sation; and selection for training, including apprenticesh9p. The Contrac#or shall post in conspicuous places, a~ail-
able to employees and applicants for emplayment, no#tces to be provided by the State se~ting forth the provisions
of t~is Fair Ernpioymen# Prattices section.
2. The Contractor wit! permi# access to his/her re~ords of employ~nent, employment adver~isemen#s, applica-
tion farms, and o#her pertinerst data and recorcfs t~y the State Fair Employment Practices Commission, or any
other agency o# the S#ate af California designated by #he awardtng au#harity, for the purpose of investigation to
ascertain compliance with the Fair Emp[oyment Practices section of this contract.
3. Remedies for Wiil#ui Violation:
(a} The State may determine a wilfful violatian of the Fair ~rnployment Pra[tices provisian to have
occurred upon receipt of a final judgement ~aving that effect frarri a court in an ac#ion to which
Contractar was a party, or upon receipt of a written notice #rom the Fair Employment Practites
Cammission that it has investiga#ed and determined tt~at the Contractor has vialated the Fair Employ-
. ment Prattices Act and has issued an arder, under Labor Code Section 1428, which has become finei,
or abtained an in~unctian under Labor Code 5ection 1429.
(bJ For willfu! vialation af this Fair ~mpkoyment Practices prov95ion, the State shall ~ave the riqht to
terminate #his cantratt either in whole or in part, and any loss or damage sustained by the State in
securing the goods or ser~ices hereunder shalt 5e borne and paid far by the Contractor and by his/her
surety under the perfarmance band, if any, and the State may deduct from any moneys due or that
thereaf#er may hecome due tv the Cantractor, the difference between the Price r~amed in the contract
and the actual cvst #hereot to the State.
*See Latrar Code Sections 1411 - 1~32.5 for further details.
sro, s (e/r~~
t]6P
S~ATE CF CALIPORNIA YdE1TH AND AE)ULT GORREGTIflTJAi, AGENGY EDMEJND G. BROVYN JR., Gorvmor
D~PARTMENT O~ YOUTH AUTHORIN
4241 Wil7iams~vurgh Drive °
Sacramento, CA 95823 a~+~ eo. ProBation fJapt
July 28, 19$1
Mr. Wallace R. Herring
Chief Proba~ion 0~'ficer
Butt~ County
2279 De1 Oro Ave., Suite C
Orovi 11 e, CA 95965
Dear Mr. He~ring:
JE1~ 3 0 .~~$1
Ororiite, Cafifornie
~~c~osed are the -Fully executed contracts be~ween your caunty and the S~ate of
Galifornia far diagnas~ic and treatment services ~n a recep~ion center-clinic
of tf~~s Depar~~en~.
Shou]d any prablems or questions arise in connec~~on W'l~h th35 service, p]ease
do nat hes3ta~e to contact me at ~he address belaw. In order ~o be of great-
est assistar~ce in the diagnosis of a~inor, we encourage you to raise specific
quest~ons ~o which you would like t~te sta~~f ~a seek answers.
Department of the You~h Authar~ty
Case Services Section
424~. Wiliiamsbou~gh Drive
Sacra~ento, CA 95823
S~ncereiY,
P a] S. Wes~, Oirec tor
°C~~`~1,~, ~~~~•C
Thamas A. McGee, Adm~nistrator
Case Serv~ces S~c ~ion
(916) 322-97fi1
TAM:he
~78B-3589B
Enc~osures
cc: P. Mage~, Case Services
~ L. Mil~er, ACCaun~~ng
W. Crow, Da~a Processing