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HomeMy WebLinkAbout79-124R~SOLUTION AUTHORIZING CHAIRMAN OF THE BOARD OF SUPERVISORS TO EXECUTE AGREEME~TS FOR OBSERVATION AND TEMPORARY dE7ENTI0N IN THE DEPARTMENT OF THE YOU~H AUTHORITY WHEREAS, the County of Bu~te is desirous of obtaining the services of the Department of the Youth Authori~y regarding dispositions to be made with respect to minors who have been determined by the Juvenile Court of this county to be persons described by Welfare and Ins~itutions Code §~ 601 and 602; and WHEREAS, the Department of the Youth Author~ty is capable nf providing the services as specified in the proposed agreements, copies of which are attached hereto; and WHEREAS, said agreements have been approved by Auditor and Counsel; NOW, THEREFORE, BE IT RESOLVED that ~he Chairman of the Board nf S~pervisors of the County of Butte is hereby author~zed to ~xecute said agreements on behalf of the County of Butte. PASSED AND ADOPTED by the B~tte County Board of Supervisors this lotih day of Julv , 1979, by the following vote: AYES: ~upervisors Dolan, Moseley, Wheeler, Winston and Chairnlan Lemke NOES: None ABSENT: None NOT VOTING: None ~ ROBERT E. LEMlCE, Chairman of the Board of Supervisors A77EST: Cl.ARK A. f~ELS~N, CQUNTY CLERK and ex-officio Clerk of the Board By----~~~ ~ „Zr' Contract 130. 191 AGREEMENT FQR OBSERVATION AND TE,MPE}RARY DETENTION IN FACILITIES OF THE D~PARTMENT 0~ Z'HE Y4UTH AUTHORI'FY .Tuvenile Caur~ Wards} C / ~' / ~-'r TH~S AGR~EMENT, made aad entered into this ist day of Ju1y, 1979, at Sacramenta~ Califarnia by and between the S`~AT~ 0~' CALI.FORNTA, through i~s duly appointed and qua7.i.fied Director of rhe Youth Autharity, hereinafter called the STATE, and the COUNTY ~E` $~TT~ , hereinafter called ~he courr~. W~EREAS, Se~~ion 1752.I of Che Welfare and Institutions Code of the Sta~e o~ Califarnia provides that the Airector of the Youth Au~horiCy may enter into contracts.~ with the agproval of the Director of Finance, with any CO~JIdTY o£ this STA~ upon request of the Board of Supervisors thereof, wherein ttxe Department of the Youth Authori~y agrees to provide temporary deCentian and observation of selected cases assigned by the Caurt to the DeparL~aent of the Yauth Authori.ty in connection with the operatzon of the Juveniie Cour~. NOW~ TFi~FORE, in cousideration af the m~stual covenants and pramises herei.n contained, the parties hereto agree as fol.~.ows: 1. In any case in wha.ch: (a} A minor has iieen determined by tha Juvenile Court of said COUNTY to be a person described tsy Section 602~ Wel~are and Institutians Code, and i.s otherwise eJ.igible far co~itmen~ Go the Yauth Authori.ty, and (b} said Conrt cancl~des that a disposi..ti.an of ~he case in the best interes~ of the minor requires such observation as can be made by the Youth Authorityy and (c) said Court order ~hat such a uiinor canfi.nement of f~he Depar~menC of period not to exc~ed 90 days a~ ~ns~itu~ions Code Section 70~+, and the Youth Au~hority report to the reco~nendat~.ons coneer~ning the mino be placed temporarily in Che the Youkh Authority for a authorized by Welfaxe and orders that rhe Direc~or of Gaux~ its observa~ions and : writhin the 90-day geriod. The DeparCmant of the Youtlt A~rhori.ty shall accept such person ~if it k~elieves that the person can be material].y benefited by such temporary detentiori and observation and iE.the Director of the ~auth Authora~~y certifies that staff and in~titutions ar~ availal~le; provided that no such person shall ~e transported to anq facili~.y under ~he jurisdictzon of the Department of the Youth Authori.ty unCil th,e Director of s3id Aepartment has noCif~ied the ~~:, fl ci ri Sy 'i.::~ ~J C~ ~1'~ .ra ~ .~, ~ a u~ r.~ ~' ~ ~ '~ f~ $ .~ ~ ~ ~~ ~ ~ N .~ ~ '$ ~ ~ ¢ ~ ~;~~ .~ ~ tl~ ~a 1 o aa FAIR EMPLOYMENT PRACTICES ADDIIVDUM z, In. the performance of tha.s contract, the Contractor wi7.1 not discriminate agains~ any employee or applicant ~ar ~mp~.oyme~t because of race, color, reli- gion, ancestry, sex, age*, or national origin. The Contractor will ~ake affirm-- atzve action to ensure that appl~.cants axe ~mployed, and tha~ empl.oyees ~re treated duxzng employment, withont regard to thezr race, color, religion, an- ces~ry, sex, age, or national ori.gxn. Such actian shall inc~ude, but nat be limited to, the fallowing: emp~.o~nen~, upgrading, demotion or traztsfer; recruit- men~ or recruitmen.t advertising; layo~f or texma.natzon; rates a~ pay or other forms of compensation; and selection for ~raining, including apprenticeship. ~he Con~ractor shall post in conspic~.ous p~aces, avaa.lablE ~o employ'ees and app~.ican~s for empl.oyment, notices to be provided by the State se~ting forth the provisions of this F~ir Employmen~ Practices section. 2. ~he Contractor will pErmit access to his records af employrr-ent, employment advertisements, application forms, and other per~iz~en~ data and ~ecords by the State Fa~.r Employment Practices Commission, or any other agency o~ the State of California designated by the awarding authori~y, for the purposes of investiga- tion ~o ascertain cvmpli,ance wi~}a the Fai.x Employment Pract~.ces sec-~ian o~ this contr~ct, 3. Remedies for Ulillful Violation: ~a) '~h.e State may determin.e a wil.lfu~. violation. of the Fair Emp~.oyment Pract~ces provisi.on ~o have occurred upan z~eceipt o~' a final judg- ment having that effec~ from a cour~ in an ac~ion to which Can~rac- tor toas a party, or ~zpon receipt of a writ~ten no~ice from the Fair Employment Practices Commzssio~ that ~,t has a.nvesti.ga~ed and deter- mined that the Contractor has violated the Fair Employrttent Practices Act and, has issued an arder, under L~~ar Code Sec~a.on 1426, which has beco~e final, or ob'tained an injunction under Labor Gode Section 1429. (b) For willfu3 violation o~' this Fair ~m~loyment Practices provisian, tlae State shall have the ~z.~ht to termina~e this contract either in vrhole or in part, and any 3.oss or damage sustained by the Sta~e in securing the gaods ar serva.ces hereunder shall. be borne azid paid for by the Contractar and by hzs surety under tY~e performance bond, if any, an.d t~e State may' deduc~ fror~ any moneys due or that thereafter may become due tn the Contractor, the differ~nce betwesn the price named in the cantract and the actua~. cost thereof ~o the S~a~e. "Zt is unlawful employment practice for an employ, or ~o discharge, da.smiss, reduce, ~~za1. between the ages of ~0 and 6~ sole].y Code Section ~.420,1} employer ta refuse ~o hire or suspend, ar demo~e, ariy indivi- on the ground of age,..," ~Labor STD. 3 (Rev. 8/73) ` _: . - . . ; , ~~_~zl`t ~~CR" Con~rac~.No. ~1~ JUVEN2LEfCRIMiNAL COURT PLACEMENT AGREEMENT F4R DTAGNOSTiC AND TR~ATMENT SERVICE3 AND TEMPORARX DE'I'E1~~ION iN FACILITI~S OF THE DEPARTMENT OF ~ YOU2`T~ AU~'HORITY THTS AGREEMENT, ~nac~e and entered intio thi.s lst day of .Tuly, 1979, at Sacratuento, Ca~.ifornia by and between the STATE OF CAt.I~QRNIA, through its duly appointed and quali.fied Da.ractoz o~ the Youth Authori.ty, hereinafter called the STATE, and the GOUNTY OF BTJTTE , hereinafter called the cour~xx . WHER~AS, Secti.on 1752.1 of the WeZfare and Insti~utioas Code of the Srate of California provides that the Director of the Youth Authority may enter into contracts ~ with the approva~ of the Direc~or of ~'inar~ce, with any COUN~'Y o~ this STATE upon request of the Board af Supervisors thereof, wi~erein khe ~f; ~t ~epartment of t~e Youth Authority agrees ~o pravide diagnastic and treatmen,z ~`~ ~. '' services and temporary dete~.ti.ou during the periad of study to the COT3i~Y of ° i~; se~ected cases of persons e~igible for commitment to the Bepartment o~ t~ie ~~~ Youth Authority. ~~; : ~' ~ ~ '~ NOW, ~R~~QRE, in coneideration of tF~e mutual covenants and promi.ses ~~, herei.n con~ained, ~he parti:es hereto agree as ~oll.ours: ~ w~ ,~ n ~ ~ ~ 1. In any case in whzch: ~~~ ~ .~ ..~ ~a} A Juvenile Caurr or Court of criminal jurisdiction Yeas :~.~ ~ deCermined that a person is el~.gible for commztznenC tio the You~h o~ o Au~hority, and ~, ~' :5 ,~ ~ m (b) said Court concludes that a proper dispositi.on of the case .~:~~~ requires s~ch treatment and diagnosis as can be mac3e aC a Youth ~ o~ A~sthority facility, and (c) said Court orders such person to be placed in a faci~.ity for a period noC to exceed 90.days as authorz.zed by Section 704 or Secrion I731.6 of Che Welfare and Institutions Code, and orders that the Director of the Youth Authority repor~ to the Covrt its diagnosis and reco~endations corccerning the pers~n within the 9a-day pesiod, The Department of the Youth Authority shall accept snch person if it bel.ieves tha~ the person can be materially benefited hy such diagnostic and ~reatmenr services and. if the Director of the Youth Authority certifies that staff and institutions are avaiiable. No such person shal~ be transgorted to any faciliCy uuder the jurisdic~ion of the Depar~ment of the Y'outh Authority until the Director of said Departmenr has notified tihe referring Court of Che place to which. sazd person is to be transported and of the time aC w~i.ch he can be received. ___. _.. . ........ : .. . _ _ _..._: m.....,__.. . _ -~ --_._~.... .,__.. _ ( 2. CO~N~Y shall execute the Coart Order by transpor~ing such person to the faci.li.ty indicaCed by the STATE ax~d returning hi.m therefrom to the Cpur~ at no expense to tke STATE. 3. The acceptancei temporasy de~ention and delivery af such person shall be in accordanc~ with inserucCiona isaued fram time to time by the Airector af the Youth Authori~y. 4. STATE shall provide diagnoatic and treatmen.t services and temporary deteation during t~e period of s~udy to the COUNTY for such accepted parsons; and the Director of said Department shall, wi~hin the 90 days, cause such accepCed persan to be treated and exa~nined and shall £orward Co rhe Courr ~is diagnosis and recom~endata.ons concerning such person's future care, supervisioa~ and treatmeret. 5. AI1 such persoas whi~e under temporary detentian by the STATE pursuant to this conrracC sha3.1 be subject ~o the rules af the ~outh Authority. 6. COUNTY agsees ~o pay ~o S~A~E the sum of $1,690.00 per.month for each case studied, ~or for periods of less rhan a fu11. month, COUNTY agrees eo pay STATE, 1/3Qth p~ Che uzonthly rate per person per day, of temporary deten~ion, such costs having been deCermined by tihe Directar of the Yonth Authority to be „ necessary to reimburse the STATE for the casts in~urred. COTII~'~'Y sha11 ba billed for the cosC of ser~ices for the day the p~rsan a.s received but not for the day the parson" is removed £ram the program. . 7. l~otwithstanding the provisions o~ Suhdzvisiozt(a)i th2 Xouth AuthariCy sha11 acc~pt wit~aut cost ta the COUNTY, any gersons remanded pursuant ta Section 707.2 of the Welf az~e and Institutians Code. S. T'he total amaunt of Chis agreemene shal.l not exceed ~1C},000 9. Thas agreenaeat may be amended by either party anfl st~a11 become effeeti.ve onl.y upon approva3 by the State of California, 17epartment of Finance and the Depaztment pf General Services. 10. STATE shall bill the COUN'TY mont~l.y, by means of itemized statements suhmit~ed in trip~ica~e form for any such costs, and the COIINTY sha~.1 make remittance or pay^ment thereof within Chirty (30) days of receip~ of any such billing. 5aid remittance sha11 be mailed to: Department of ~he Youth Author~.ty Departmenta~ Accounting Office 4241 Williamsbourgh Drive Sacramento, Ca~.a.farn.i.a 95823 •'~Z. Th~ per~od of this Agreement is from Ju1y 1, 1979 to June 30, 19$0 inclusive; not to exceed one year, provided that ~he Agreement~ may ba terminated by either party giving 30 days notice in writing, 12. GDUN'~Y~ hereinafter also known as Contrac~or, agrees to conform to the Fair Emp~oyment Practices Addendum a~tached hereCo and made a part hereo~. 13. AlI noCices herein. provided to be given, or which ma.y be given, by either party to the ather, shall be deemed to have been f~x~ly given when made in writing and deposited in tne 17nited States mai.I~ certified and pos~age prepaid, aad addressed to suc~ party at its addrass se~ forth under its signature to this Ag~eement. Nathi.ag hErei.n contained shal). pzeclude the giving of an,y such written notice by personal service. fihe ad.dress ~o which notices shall be mailed as aforesaid tv ei~her party may be changed by written natice givea ~g such partp to the other, as hereinbe~ore provided. STATE OF CA~ZFORNIA Department of the Xouth AuGhority ~y C~..~.~~~.,~ ~Y'~ ~,.~1 Tit Director es Bran.ch 424~ Williamsbourgh Drive Address ~ ~ ~ Sa~rameato, Cali~ornia City Stiate 95823 Zi.p Code I hereby certify that al~. conditi.ons ' far exemption have been complied with and thzs cantract is exempt from DeQart~ent o~ Finance and Depari~nent of Geueral Services' approval per Exeatption Notice/~o,~+09: `~" cour~r~ oF BuTr .~ s ~~.~UL~O~g~ Title Chair~an, Board o~ Supexvxsors ~.859 Bird S~reet Address Oro~v~i7.7.e, Californ~a City State 95965 Zip Code Approveti '~ar fiscal coniroi; su6~ac$ i'o ~udge# appro~ri~tiart. ~ludiior's Qf{ic~, ~Y -~~----~- -~...--.,... :~•• z- - - D{~3 Approval not Raqulred Aer $AN! Secdon 120$ ~,rA~~a. ~ ` ~ ? "~ ~ ement Ser~!'i.ces Branch NOTE: A certifiEd copy of the reso3.uti.on of rhe Board of Supervisors of the County au~horizing the execution of thi.s contract is ta be at~ached to t~-e contracr. _...._,. _ _ .._ FAIR EMi'Lfl'YNf~N'T P12ACT~CES AUDENDUM ~, In the performance of this contract, ~he Contrac~or will not discriminate agains~ any employee or applzcant for employment because a£ race, color, re~i- gion, ancestry, sex, age*, or national origin. Tkze Con~rac~or wi1Z take affirm- ative action ~o ensure ~hat appli.cants a.re ~mployed, axid that emp].ay'ees are ~reated during ernployment, withou~t regard ~o their race, coZor, religion, an- cestry, sex, age, or nata.ona~ origin. Such action shall a.nclude, but not be ~imited to, the followin~: employment, upgra~.ing, demotion. ar transfer; recruit- ment or recruitment advertising; I.a.yoff or tezmina~i.on; rates of pay or other forms o~ compensatzon; and sel.ection for training, ~.ncluding apprenticeship. The Contractor sha~l post in conspicuous p7~aces, available to emp~oyees and ap~l.icants for emp3.oyment, notices to be provided by the State setting for~h the provisians of ~his Fair Empl.oyment Practices section. ~. '~he Contractor wi~I permit access to his records of employrtien't, empl.oyment advertisements, application forms, and other pertinent data ancl records by the Sta~e Fair Employment Practices Commission, or any other ~gency of the Sta~e of Ca3.ifornia designated by the awarding authora.ty, for the purposes of inuestiga- tion to ascertaa.n compliance w~th the Fair Emp~oyment Practices section of ~his contract. ~. Remedies for 41ill~ul Violation: ~a) The State may determi.ne a wi~lful. violation of '~he Fair Employment Practices provisian ~o have occurred ~znon recei~t of a final judg- ment having that effect from a court i:~ an action ~o which Contrac- ~or ta~s a par~y, or ~pon receipt of a written no~ice from the Fair Emp~.oyment Practices Comr~isszon tha~ i~ has investiga~e~ and deter- mined that the Contractor has vzolated the Fair Employrr~ent Practices Act an.d has issued an order, under Labor Code Section ].426, wh~.ch has become final, or obtained an injuncti.on under Labor Code Sect~on 14~9. (b) For will#'ul viola~ion of this Fair ~rnp?oyment Practices provision, the S~ate shal~. have the right ~o termina~e this cantract either in v~hole or in part, and any J.oss or damag~ sustained by the State in securin~ ~he goods ar services hereunder sha~.l be borne and paid for by the Contractor and by his surEty und.er the performance bond, ~.f any, and the State may deduct from any moneys due or that ~hereafter may became due to the Contractor, the difference between the price named in. ~he contract and ~he actua~. cost thereof to the State, *"It a.s unlawful employment practice ~'or an employer to refuse to hire or ~mploy, or to discharge, di,smiss, rednce, suspend, or demote, any indivi- dual between the ages of 4-Q and 6~+ solely on the ~round of age,..." ~Labor Code Section 1~+20.1} S~'D. 3 {Rev. 8/73)