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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BOARD OF CORRECTIONS 2~ X2005 v~ AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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. ------------------------- ~` LCD, ~ z C~l~- , No. i The agreement with k _ was completed on `, 1)(~~~ u ,and final payment has been made. r Department: ~ ~ }~ `~ ~; ~ Signature: L' l ~ ~ "--- ~ ~ ---I~ Date: Revised 8-7-03 City of Santa Ana Clerk of the Council 'NSU R!\NC\. \NO i,; ~,' r..,'-- C"I'(f.ì('\¡ CU:~.r( ui U.J",!.t. DATE: l/- ~"ot1 c-: Pb t!ìSC(J.L 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, , 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) 2 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: ~1=1~ DAVID REAM, City Manager . '1 '\, / .7 '~---, l' --¡-_.<~ A TTEST:'-../~~. ~~~-=<-Vj¡ ~) CÜy Clerk DAS TO FORM: -VUUCt GfLmc.- Paula Coleman, Assistant City Attorney California Dept. of Corrections n<~- (Title) to., (;of;".:,vArAJ T' DATE: /0 -, - ðlf 3