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HomeMy WebLinkAbout81-157R~SOLUTION AUTHORIZTNG CI~AIRMArI 0~' THE BOAP~D 0~' SUPERVISORS TO EX~'CUTE AGREE?~9ENT FOR DIAGPIOSTIC STUDIES (JUVENILE/CP.IP~IATAL) IN THE DEPAR'I'MrNT OF TH~ vpUTH AUTHORITY WHEREAS, the County of Bu~te is desirous of obtaining the services of the bepaxtment of the You~h Authori~y regarding d~spo- sitions to be made wa~th respect to minors who have been determined by the Juvenile Court of this county to be persons described by Welfare and Institutions Code Section 602; and Z~7HERFAS, the Depar~menC of the Y'outh Authoritq is capable of providing ehe services as specified in the proposed "CR" contract, copy of wrhich is attached hereto; and WHERLAS, said agreement has been approved by Auditor and Counsel; N047, THEP.L~'ORE, BE IT RESOLVED that the Chairman of the Bnard of Supervisors of the County of Butte is hereby authorized to execute said agreement on betzalf of the County of Butte. PASSED ANB ADOPTED by the Butte County Board of Supervisors this 14th day of Ju1y, 1981, by the fol.lowing vote: AYES : Supervisors Dol.an, Saracena~, Wheeler and Chairman Moseley NOES : None ABSEIV'I' : Supexvisor Lemke T10T VDTIA7G : None FRTHA MOSFLEY, Chai: an of the Board o~ Supervisors ATTFST: CLARK A. 1V~~SflP7, CQUNTY CLERK and ex-officio erk of the Board Sy "CR" Contract ~Ia. ~UVE~l~LE/CRiMiiVAL CO€!RT P~ACEM~NT AGR~EMENT FOR D~AGiVOSTIC AND TREATM~i~~' SE~V~C~S AI~Q TEMPORARY O~TENT~ON IN FACILITIES OF THE DEPARTM~N~ OF THE YQU~H AUT~EORITY THIS AG~t~EM~NT, ~ade and en~ered i~to th7s 1s~ day of Ju7y, 1981, at Sacramento, Cal~fornia by and between tY~e STATE OF CA~.iFORNIR, through i~s du~y appoi r~~ed and q~a~ if~ ed Di rec~ar of t~e You~h Au~har~ity, Y~ere~inafter cai ~ ed the STATE, and the CO[~NTY OF BtlTT~ ,~erei naf ter ca~ ~ ed th~ COEIN~Y . WI~EREAS, Sectian i752.~ of the We~~are and Institutior~s Code of t~e Stat~ of Ca1i~'ornia provides that the Oirectar of the Youth Au~hori~y m~y enter into contracts, with ~Fte appt^oval of ~he Director ot FinaRCe, witk~ ar~y COi~NTY of th~s S~'A~'~ u~on request ofi tF~e ~oard of Supervisors thereof, wherei~ the~ De~ar~ment o~ tt~e Youth Authori~Gy. agrees ta provid~ diag~nostic and trea~ment~ ~ servi ees and temparary d~t~n~~ on duri ~g the peri ad o~ st~dy to the COUN~'Y o~~ ~ seI ected cases of persons el i gi bl e f or cammi tment to tne Departmer~~ of the,; ~ Youth Authar~ty. ,~ ~ ~~ 1VaW, ThER~FQRE, ~ n consi derati on o~' ~he mut~aal covenar~~s and promi ses~ ~ nere~n contained, the parties hereto agree as f ollows: ~~ M ~~~ 1. In any case in which: ~ CC N (a} A Juveni~e C~urt or Cour-~ o-F cr~m~nal jurisdiction has~ ~~ determined that a persar~ is elig~bie ~or com~ni~men~ to tt~e Yo~athn'~6 Autho~^3 ty, and ~ ~ `~ ~ :-~ ~~j ~ U '- (~) sa~d Court conc~ud~s that a pro~er d~spasi~ion of the case~~ ~ requires such treatm~n~ and diagr~os~s as can be made at a Yo~zthv ~~ o Author~ty faci~ity, and ~ ° ~ (c) sai d Caur~ arders stach person ~o be ~Z aced i n a f aci 1 i ty far a periad not to exce~d 90 days as authorized by Section 704 (j~aveni~e} or Sect~on 1731.6 (adult) of the Welfare and Institu~ions Code, and orders ~hat the Director of the YoutF~ AUthority repor~ to the Court i~s d~agnasis a~d recommenda~ions cancerning the person within the 9Q--day period. The ~ePartment of the Yau~h RutFtari~y shall accept such person if it bel~eves that the ~erson can be ma~erially ben~fited by such d~agr~vstic and trea~xnent services and if tne Director of ~he Youth Authority cert~~Fies ~hat staff and insti~u~ions are ava~lable. No s~ch person shal~ ~~ trans~orted to any facility under the aU~'1SCIiC~lOt1 of tk~e Depar~Cment of the You~h A~thori~y ur~til ~k~e Di r~ector of sa~ d Qepartm~~t has noti~ied the referrir~g Court of the p~ ac~ to which said person is ~o ~e transported and o~ ~he ~i~e at wh~ch t~e ca~ be received. ~or~ CR Rev, 012781 -1.- 786-1077Bcf 2. CO~~TY shall execute ~he Caurt Order by tra~sparti~g s~ch person to ~he f acility indicated by the STATE and returning him therefrom to the Ca~rt a~ no ex~ense to the STATE. 3. The acc~ptance, temporary d~tent~on and delivery o~ such person shall be i~ accordance with ~nstruc~ions iss~ed f rom t~me ta ~ime by the Director af t~e Youth A~thority. 4. STATE shall provide diag~ast~c and ~~eat~en~ services and ~emporary deten~ion dur~~g the period o~ st~dy ~o the COUNTY far such accePted persons; and ~he Director of said Department shall, w7th~~ ~he 90 days, cause such accepted person ~o be treated a~d exam~ned and shaTl forward to the Caur~ his diagnosis and recammendatio~s concern~ng such personts futur~ care, supervi- sion, and treatment. 5. AZ~ s~ch persons while under temparary detention ~y the STAT~ pursuant to ~his contract shall be sub3ect to the ru~es o~ the Yo~th Au~hority. 6. CO~NTY agrees ta pay to S~AT~ ~he su~ of $ 2,047.00 ~er manth ~or each case 5tudied, or ~~r per~ods of less t~an a fui7 month, C~U~TY agrees tn pay STATE, 1/30th of the mont~7y rate per person per day, o~ temporary detent~on, such costs having been de~ermined by the Dir~c~or of the Youth Aut~ority ta be necessary to rezmb~rse th~ STA~~ for the costs incurred. COUNTY sha17 be bilied f or the cost of services for the day the person is received but not for the day the ~erson is removed fram the ~rogram. 7. Notwiths~and~ng ~~e ~rov~sions af Item 1,, Subdivision{a), th~ You~h A~thority sha71 accept w~~ho~t cast to the COUN7Y, any persons re~anded pur- suant to Section 7~7.2 of the Welf are and Institutions Cade. 8, T~e to~a~ amount of t~is agreEm~nt s~ail not exceed ~ 3,pqp,00 . 9. ~his agr~~nent may be a~ended upon mutua7 agreem~n~ by the parties here~o i n wr~ ti ng and shal i b~come effec~i ve anly upon approval by the State af Ca]ifornia, Qepartm~nt nf Fir~ar~ce and tt~e Departr~en~ of Generai 5ervices. 10. STAT~ shaI ~ b~ 1~ the COUN'~Y monthly, by means ofr i temi ze~ statements submi~ted in ~rip~ica~e farm for any such costs, and the C~E~N~'Y s~a11 malce rem~ttance or payment th~reof w~thin thirty (30) days of rece~pt of any such bi~7ing. Said remittance shai7 be mailed to: Departm~nt 4f the Youth Authority Departm~ntai Acca~~ting Office 4241 W~lliamsbourgh Drive Sacramen~a, California 95823 Farm CR R~v. 0~2781 -2- 78B-1477Bcf ~Z. The per~od inclusive; not to term~nated by e~ther of this Agreement is from July 1, 198~ to June 3~, 19$2 exceed one year, prov~ded ~hat ~he Agreement may be party giving 3Q days notice i~ writing. I2. COUN~Y, hereinaf ter alsa know~ as Contractor, agrees to conform ~o the Fair ~~p~oyment Practices Addendum attached hereto and made a part hereo~. ~3. A11 notices herein pravided to be given, or which may be given, by either party to the ot~er, shall be deemed to hav~ be~n fully given when ~ade in writing and de~asited in the United States ~ail, certified and postage prepaid, and addr~ss~d to s~ch party at its address se~ ~ort~ under its sig~ature ~o this Agreem~nt. No~h~ng ~erein co~~ained shall precZude the giving ~f any ~uc~ written not~ce by persona7 service. T~e address to which notices shall b~ mai7ed as a~ar~said to either par~y may be changed by written no~~ce given by such party ~o the other, as herein~e~ar~ provided. STATE OF CALIF~RNIA Department of the You~h Authority By T~~le C~ief ~1V, of Admin~strative $8rV7Ce5 ~241 Wii7iams~our h arlve Addr~ss 5acramen~o Caiif ornia ~~y 5~ate 95823 Zi p Cade I here~y certify that #'flr exempti on have be~n and this contract 75 ~epartment of Finance of General Services' Exempti or~ ~toti ce No. 3 . B€~reau C~1 ef ~anagement Services Branch N07E: A certified copy a~ Gounty au~horizing to t~e co~tract. COUNTY OF BUTTE ~Y ~ T7t1~ Chazxman, Board of S~ervzsors 25 County Center Drive (Drawer 269) Address Orovilie CA ~ty Stat~ 959b5 Zip C~de Approved fc-r ~Fiscal conirol, subjed to budget appropriation. Auditor's OfFice ~y ~~:_ . ... Ap~~ov~~ as ~o Fo~ Qanisl V. Slackstock utte Cou~~ly Counsel By .... , ...._.~.~, the resol uti on of the 8oard af Supervi sors o~' the ~he executifln of this con'tract ~s to be attached DG5 Approval not RequlrBd Per SAM Set~Von 1206 DYA Appd. ~,~^"^' al~ conditians complied with exempt ~'rom and ~epar~ent approval per ~bY'lil ~R Rev. 012781 -3- 78B-~.077Bc~' FAIR ~MPLOYMENT Pl~ACT1CE5 AQQENDUM 1. In fhe perFormance of this cnntract, the Contractor will not d9scriminate against any emplayee ar applicant for emplaymenf beCause of raCe, coEor, religio~, anCe5try, sex*, age*, national origin, or physical handicap*. The Can#ra[tar wiEl take a#firmative actEan to ensure tnat applitants are ernployed, ar~d that empiajrees are treated during empioymer~t, without regard ta their race, color, religion, ancestry, sex*, age*, nationaE or~gin, or physical handicap*. Suct~ action shaik include, but not be limit~d ta, th~ following: employment, upgrading, demotion or transfer; recruitr'nent or recruitment ad~er#ising; layoff or termination; rates ot pay or other form5 of com~en- sation; and selection for #raining, inciuding apprenticeship. The Contractar shall post in conspfcuflus places, avaii- abla to emptoyees and appiicants for employment. notices to be provided Gy the State setting forth the provisEons o# thi5 Fair Employment ~racticas saction. 2. The Contractor will permit acce55 to hls/her reccrds of employment, employment advertisements, applica- tion farms, and other pertinerst data and records by the 5tate Fair ~m~loyment Practices Commission, or any other agency of the S#ate of Califarnia designa#ed by the awaraing authar9ty, for the p~rpose of investigation ta ascertain compliance with the Pair ~mployment Practices section of this contract. 3, Rerne[iies for Wiilful Violation: (a) The State may determine a wiilful violation of the Fair Employment Prac#ices provisiar, to have occurred upon receipt of a final judgement having that effect from a court in an activn to which Contractor was a}~arty, or upan rece9pt of a written notice fram t~e Fair E~plpyment ~'ractices Commission that it ttas investiqated and determinsd that the Contractor has violated the Fair Emplay- ment Practices Act and has issued an order, under ~abor Code Section 1426, which has become finat, or abtainecE an iRjunction under l~abar Code Section 1429. {b) For willfui violation of this Fair Er~ployment Practices provision, the State shail have the right to terminate this contract either En whole or in part, and any loss or cEamage sustained by the State in sec~ring thE qoods or services hereunder shal! be borne and paid #or by the Contrattor and dy his/~er surety under the perforrnance bond, if any, and the State may deduct trom any moneys due or that thereafter may betome due to the Contractar, the dif#erente between the price named in the cantract and the a[tual cost thereof to khe State. *Ses Labor Code Sections 14I1 - 1432.5 for further detaits. sr~, a {aJ7y} s~ SYAT~ OF CAEIFDRNlA YRUfH AND ADClLF `C.ORREC3'fbNA1 AGENCY ~ D~~'AR7~r1EN~ O~ YOU~H AU7H~RITY 424J. ~ii 11 i amsbourg~ pr~ v~ Sacramen~o, CA 95823 July 28, 1981 _ Mr. l~.aliace A. He~ring Chie;f ~robat~_an O~ficer Bttt~e County ~ 2279 Del Oro Ave., Suite C Orovil7e, CA 95965 Dear Mr. Herri.ng: ' ED1.5UND G, BR01A+N JR., Gor~rn ~ '; ~ 8utte Co. Probation Dap}, ~'° ~ JUL 3 0 ~98~ _ Orovilfe, Californie Ehclosed a~°~ z~e ~ully executed cont~^ac~s be~~een yo~r county and ~he S~ate of Calif orn~a ior d~agrtostic and treatmen~ service~ in a receptifln ce~~er-c~inie o~ this Department. Should any ~roblems or qu~stior~s arise ~n conr~ection with ~his serv~ce, please do not hesita~e to con~act m~ at the address b~law. In arder ta be o~' great~ est assis~ance in the d~agnosis af a minor, we encaurage you ~a ra~se specffic ~~es~~ons to ~h~ci~ you would like th~ staf-F ~o seek answers. Departmer~t of the Yout~ Authority Case Sarv~ces Section A~2~~ Will~amsbourgh arive Sacrar~er~to, CA 95823 Sincerely, Pe r.~,_5. West, pirec~ar .1 •' f ~'"~ ~~L.--~ '~~11"~...[ ~ ~--~--r . Tno~as A. ~Ic ee, Adm~ni trator Case Serv~ces Sect~or~ . (916) 322~9761 ~ TAM:ks 7'86-~1256 ~nclosures ce: R. Mayse, Case Services L. Milier, Accountin~ ' 1~. Graw, ~a~a Pracessing . ~ ~faT~: The attached cor~~rac~ is restr~ct~d ta ~juven~le refe~~rals anly. If yo~a w~sh ~o have the cantract cove~ criminal referrals, p~ease ser~d an ame~ded board of su~erv~sor's reso3ution.