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Home My WebLink About74-029~ Resolufion No. 74-z9 RESOZUTION APPROVING AGREEMEI~ AND AUTHORIZII~TG THE CHATRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE ON BEHALF OF THE COUNTY OF BUTT~ BE IT RESQLV~D, that the Board of Supervisors of the County of Butte h.ereby approves the attached agreement between the State of Cal.ifo~nia and ~he County o~' Butte fvr diagnostic and treatment services and ~emporary detention in reception centers and clinics of the depa~tment of youth authori.~y, and hereby authorizes the Chairman of this Board to execute same on behalf of the County of Butte. PASSED AND ADOPTED by ~he Butte County Board of Supervisors this 19th day o~ ^ Februaxy ~~~~~ 1974, by the following vote: AYES: Supervisors Cameron, Gilman, Ladd and McKillop 1VOES: ~one ABSENT: ~hairman Madigan NOT VOTING: None t U ACK MADIGAN, C ' man of tfi~e oard of Supervisors ATTEST: CZARK A. NELSON, County Clerk a,nd ex-officio Clerk of the Board ~y_-,~`~ ~ -_ i - - ..... __ _ _ _ _ _ _ ~._..___ ----~ - ~~ ~ AGRli~MENT 'EO1Z llIAGNOSTIC A4'VA TR~ATML'NT SERVICES AIdD TEMPOI2AlZY Di~TENTIQN IN R~C~PTIOV CENTI'sRS ANE) CLIVICS OF THL' llEPARTi1ENT OR TI~E YUUTH AUTIiORETY Contract No. lY5 Tt[IS AGRE}~iII'sNT, made and entered into this ~lat day ot .~~7Fy_ , 19~4 , at SacramenCo, California, by and between the STATE Or CALIPORNIA, througli iCS cluly ap~oit~ted, qualified and acCing Director o£ the louth Authority, hereinafter cal.Zed the State, and the COU~TY OP I3i5~T$ , hereina£ter called the County. Sd1~EYF.e1S, Section 1752.1 of the 4delL•are and Institutions Code of the State of Ca~.a.forni,a provides that the llirector o~ the Youth AuChoriCy may enter into con- tracts, wiCli the approvaJ. a£ the Director of Pinance, taith any County of tltis SCate upan requesC of Che I~oard of 5upervisors thereoP, ~aherean [he Uepartment of t(ze Youth Eluthority agrees to provide diagnostic ancl [reatment services and Cemporary deten.tion during Che period of stiudy Co the County of selected cases of persons e~.igible for commitment to the Depart[~ent oF Che Xouth AuCliority in conneCCion caith the oj~eraCion , of the Juvenile Court. NOW, THBREF61t~, ii~ coitsideration oE the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. In any case in which: (a) The Court has determined tha~ a minor is a person descriUed Uy . Section 6(32, jde~.fare and Institutions Code, or if ttie Court has determined that a ininor is a person described by Section 601 and a supplemental peti.ta.on for commztmenk o~ such minor to the Youth , , . Authority tias Ueen filed pursuazet Co Sect3on 777, tdelfare and InstiCuYions Cnde, and such minor is other~aise eligible for commitment to the Youth Authority, and (b) said Court concludes that a dis~~osition of khe case in the best interest of the minor requires such obsexvation and diagnosis as ' can be made at a c~iagnostic and treat~nenC center of tl~e Youth AuCtiority, and ~ (c) said Court Orders that such a~minor be pZaced temporarily in such a center for a period not to exceed 40 days as authorized Uy ldelfare and Institutions Code Section 704, and orders that the Director of the Youth Authority report Co tl~e CourC its diagnosis and recommendations concerning the minor ~aithin the 90--day period . . 'Lhe Ue~artment of the Youth Authority sha11 acce~t such person if iC believes r[iat the person can Ue materialZy benefited by siich diagnostic and treatmant servzces and if Che lli.rector of the Youth Authority certifies that sCaff and institutions are available; provided that no such person shai3. be Cransported to any facility under the jurisdiction of the lle~artnient oi' the Youth Autharity until the DirecLOr of said Department has noCi.fied the referrin~ Cour~ of the place to which satd pezson is to Ue transported and af the time at which he can ~e received. 2. The County shall execate tl~e Court Ozder by transporting such person to the facility indicated by the State and retuYning him L-here£LOm to the Court aC no expense to tlie State. . 3.~ The acceptance, tem~~orary detention and delivery of such person shall be 3n accordance with instructians issued fronz time to time Uy the Director o£ ttie Youth AuChority. 4. The llepartment of the Youth Authority s}tall provide diagnostic and treatment services and temporary detentian during tt~e period of study to the County for such accepted persons; and the lli.rector of said Department shail., within tEie 90 days, cause such accepted ~erson to Ue ooserved and exaroined anci sha.ll forward to the Courk his d3.agnosis and recommendations concerning sucl~ minor's fuCure care, supervision and treatment. 5. A11 such persons while under temporary detention hy the Youtl3 9uthoriCy pursuant Co this contract shall be sub,ject to the rules oE the You[h Aul:hority. -2- ~ ( _ _._ L_~~ _ __ 6. The County agrees Co pay the State Che sum of $745.00 ~er month £or each case studied, or £or periods of less Chan a full month, County agrees to pay State 1/30th of the it~onthly rate per person per day, of temporary detention, suciZ costs E~aving been determined by tha Director of r.he Youth A~~hority to be necessary to rei.mburse the StaCe ~or the costs i.ncurred. CounCy sha}~1 be billed for the cost of services for the day the person is received Uut not for Che day the person is removed from the pro;ram. The SCate shall bill the Cou•nty monkhly, by means of iCemized statements suUmitted in Cri~licaLe form for any such costs, and the County sliall make remi.tkance or pa}nnent thereof within thirtiy (30) days of receipt of any such billing. Said remittance shal~. Ue mailed Co: . Department of the Youth Authority Departmental Accounka.ng Office , 714 P 5treet_ Sacramento, California 95814 7. The period of this Agreement is from 7anuary 21, 1974 to 3une 3Q, J.97~+, inclusive; provided that the Agreement may be terminated by either party giving 30 days noCice in wra.ti.ng. t3. Contractor agrees to conform to the Fai.r Emp~oyment Practice Addendum atL-ached hereto and ~nade a part hereof. 9. Tlie contractor sha11 compLy with the I'residential ~xecutive Order No. 11615, dated August 15, 1971, or any suUsequenC Urder modifying, amending, terminating, or substituting for said Order, and ail guidelines, ru~.es, and regula- tions of the Cost of I.~.ving Council, Pay IIoard,'and Price Commission implementing such orders. The contractor ~aarrants that no wages, pr~ces or salaries to Ue paid under Chis contract caill be in excess of the maxi~num 3.egally alZowable pursuant to the £oragoing Order, rules, and regu~.ations. -3- L hereby certify that sll conditions for exemptio,n have been complied with and this contract is exempt fLOm llepartment of General Services~ ap- proval per E~:emption Notice No. 403. STAT~ OI' CALTFOku~IA COUNTY OI' BTJT~E ~ lleparCment of the 5[outh Authority ~ By ~Y Title ' Ie Chairman of the Board of Su ervisors . ._ __.._..,~_.._ - ~ .....~ ...; t2 i-i:;cs'. . . ar. ~ _..__, ..- , Cort:.c~~ APPROVED AS TO FOR-~i ~ . • ButFe Coun}y ~ounsel ~ ~ ~~.,,r~,~,~, <;, Daniel V. Bl~t , ~%" --_-~``-_.~.'_....... r. ~ 4steek ' ~.._..oo,,.._..~.~.~.--,_..--. ~ ~' ~L~,,,~--~`~--~ NOTI~: A certified copy of Che resolution of the Board of Supervisors of the County autho~-lzing tl~e execution of this contract a.s to be attached to the contract. -4- FAIR EMPL,OYMENT PRAC'TICES ADDENDUM 1. In the performance of this contract, the Contractor vuill not discriminate against any employee or applicant for employment because of race, color, re- liqion, ancestry, sex, or national origin. The Contractor wili take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without reqard to their race, color, religion, ancestry, sex, or national origin. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for Yraining, including apprenticeship. The Confiractor shali post i.n conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section, 2. The Contractor will permit access ta his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment ~'ractices Commission, or any other agency of the State of California desi.gnated by the awarding authority> for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this con- tract . 3. Remedies for Willful Violation: (a) The State may determine a wi.ilful violation of the Fair Employ- ment Practices provisi.on to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a wri.tten notice from the Fair Employment Practices Commission that it has in- vestigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labar Code Section 1429. (b) For wa].].ful violation of this Pair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any l.oss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named 'zn the contract and the actual cost there- of to the State . STD. FORM 3 (6/72}