HomeMy WebLinkAboutCA BOARD OF CORRECTIONS 2~ X2005 v~
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any
questions.
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Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
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N-2004-140
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND THE CALIFORNIA DEPARTMENT OF CORRECTIONS
FOR TRANSPORT TRAINING OF SANTA ANA JAIL STAFF
This Agreement is made and entered into on the b T~ Oc.í. ~~ , by and between the,
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California Department of Corrections (hereinafter referred to C.D.C.) and the City of Santa Ana,
a Municipal Corporation and Charter City, (hereinafter referred to as "Santa Ana").
RECITALS
1.
Santa Ana has constructed and operates a jail on its property located at 60 Civic
Center Drive, Santa Ana California, (hereinafter referred to as "the Facility"); and
Santa Ana has employees who will be transporting jail inmates; and
The C.D.C. has experience in transporting inmates; and
2.
3.
4.
The C.D.C. has offered to conduct transport training to detention officers and shift
supervisors at the Facility.
COVENANTS
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1.
This Agreement shall commence on the date first entered above and terminate on
November 30, 2004.
2.
C.D.C. shall perform four training sessions, 3 hours each between October 11,
2004 and October 28,2004, exact dates, times and location to be determined.
3.
Lesson plans shall be approved by the Santa Ana Police Department training
division.
4.
Santa Ana shall not be liable for any loss, damage or injury of any kind whatsoever
to the C.D.C., its property, or to any of its officers, employees, agents, guests or
invitees, or any other person, caused by any use of the Facility, or by any defect in
any building, structure or any other improvement at the Facility or arising from any
accident on the premises. The C.D.C. waives, all claims and demands against
Santa Ana for any such loss, damage, or injury. The C.D.C. agrees to release and
save harmless the City of Santa Ana, its officers, employees, agents and assigns
from any and all causes of action for damages sustained to property or for personal
injury to persons as a direct result of any negligence resulting from the use of the
property.
5.
The C.D.C. agrees and represents that all of its officers, employees, agents, or
other personnel that may utilize the Facility are doing so within the course and
scope of their duties as an employee, officer, or agent of the C.D.C. and are in no
way employees of Santa Ana. Should any officer, employee, agent or other
personnel of the C.D.C. submit a claim for any injury or damages relating to the
use of the Facility, the C.D.C. agrees to indemnify Santa Ana to the extent allowed
by applicable law, except that the C.D.C. shall not indemnify Santa Ana for any
loss, damage, injury, or claim arising from the willful acts or negligence of Santa
Ana, its officers, employees or agents.
6.
Either party may terminate this Agreement at anytime, without cause upon 30 days
prior written notice.
7.
Any notice, demand or other communication pursuant to this Agreement shall be in
writing and shall be deemed properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by te1efacsimi1e in the manner
provided in this Section, to the following persons:
To Santa Ana:
To:
Lt. R. De Young
California Dept. of Corrections
If sent by mail, any notice shall be effective three (3) days after it has been
deposited in the United States mail with postage prepaid. If sent by te1efacsimile,
notice shall be effective twenty-four (24) hours after the time set forth on the
transmission report issued by the transmitting facsimile machine. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
8.
The persons executing this Agreement on behalf of the C.D.C. and Santa Ana
warrant that (i) they are duly authorized to execute and deliver this Agreement, (ii)
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formally bound to the provisions of this Agreement, and (iii) the entering into this
Agreement does not violate any provisions of any other agreement to which the
party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
by their authorized representatives.
CITY OF SANTA ANA
DATED:
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DAVID REAM, City Manager
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CÜy Clerk
DAS TO FORM:
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Paula Coleman, Assistant City Attorney
California Dept. of Corrections
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