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HomeMy WebLinkAboutA-2003-099-01 A-2003-099-01 FIRST AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA FOR THE PROVISION OF JlNENILE DETENTION SERVICES THIS FIRST AMENDMENT, entered into this o1/Z. day of June ,2006, which date is enumerated for purposes of reference only, is to that certain Agreement dated June 24, 2003, hereinafter referred as "Agreement," and is by and between the CITY OF SANTA ANA, hereinafter referred to as "CITY," acting through the Chief of Police, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY," acting through the COUNTY'S Chief Probation Officer. RECITALS: WHEREAS, on June 24, 2003, the Orange County Board of Supervisors (Board) approved the Agreement with the CITY for juvenile detention services for minors who have been declared unfit subjects under juvenile court law and unsuitable for housing in the Orange County Juvenile Hall, pursuant to Section 707.1 of the California Weifare and Institutions Code, for the period of July 1, 2003 through June 30, 2004; WHEREAS, the Board also authorized the Chief Probation Officer or her designee, to renew the Agreement upon mutual written agreement with the CITY Chief of Police, on the same terms and conditions, for up to five (5) additional twelve (12}-month periods, with a total service period not to exceed six (6) years, subject to an annual rate adjustment limitation not to exceed 10% of the previous year's rate; WHEREAS, as a result of the Board's authorization, and pursuant to Section B of the Agreement, the Chief Probation Officer and the CITY Chief of Police renewed the Agreement under the same terms and conditions, for two (2) additional twelve (12)-month periods of July 1, 2004 through June 30, 2005, and July 1, 2005 through June 30, 2006; WHEREAS, the term of the current Agreement is July 1, 2005 through June 30, 2006; WHEREAS, by ietter dated May 26, 2006, the CITY Chief of Police advised the Chief Probation Officer that the CITY had elected not to renew the Agreement beyond June 30, 2006; WHEREAS, the CITY Chief of Police has agreed to extend the term of the current Agreement by 31 days from June 30, 2006 to July 31, 2006, to allow for an orderly transfer of minors to an alternative detention facility adjacent to the Juvenile Hall; and WHEREAS, the CITY agrees to continue rendering juvenile detention services in accordance with all terms and conditions of the Agreement. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. Section B of the Agreement. entitled "TERM," is hereby amended to read as follows: "B. TERM The term of this Agreement shall commence on July 1, 2003 and terminate on June 30, 2004, unless terminated by either party in the manner set forth herein. This Agreement may be renewed upon mutual agreement in writing by COUNTY'S Chief Probation Officer, or her designee, and CITY'S Chief of Police, on the same terms and conditions, subject to the rate adjustment provisions set forth in Section F, paragraphs 5, 6, 7 and 8 herein, as follows: 1. For one additionai twelve (12)-month period, commencing July 1, 2004 through June 30, 2005. 2. For one additional thirteen (13)-month period, commencing July 1, 2005 through July 31,2006." II. All other terms and conditions shall remain the same and in full force and effect. II II /I /I /I II II /I II /I II II II II II II II II II II II II /I II II II II II II II II II Page 2 00 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement in the County of Orange, State of California. COUNTY OF ORANGE By: CHAiRMAN OF THE BOARD OF SUPERVISORS Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ATTEST: DARLENE J. BLOOM CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA Dated: APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY(/ /2!~u4d L e!J''' DEPUTY cO~;~1$UNSEL Dated: b /5/0 G I ( APPROVED AS TO CONTENT: COLLE ENE PRECIADO CHIEF PROBATION OFFiCER ORANGE COUNTY, CALIFORNIA By: Dated: CITY OF SANTA ANA STATEOFC~ By: Vt4 t7r2-- DAVID N. REAM CITY MANAGER Dated: ATTEST: ~. (i.W ~. By: ~ CLERK OF TH COUNCIL Dated: APPROVED AS TO FORM: /, (', ' ;L~lA..C'- l' . JOSEPH W. FLETCH CITY ATTORNEY By: APPROVED AS TO CONTENT: By: (~~~l~- PAUL WALTERS CHIEF OF POLICE SANTA ANA POLICE DEPARTMENT Page 3 00