HomeMy WebLinkAboutORANGE, COUNTY OF (41) -2007City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
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Revised 07-23-07
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A -2007 -122
AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF SANTA ANA
FOR
JUVENILE COURT WORK PROGRAM SERVICES
THIS AGREEMENT, entered into this 5 day of BAY- 2007, which date is
enumerated for purposes of reference only, is by and betweed the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as "COUNTY," and the City
of Santa Ana, a charter city and municipal corporation, organized and existing under the
Constitution and laws of the State of California, hereinafter referred to as "SANTA ANA." This
Agreement shall be administered by the County of Orange Chief Probation Officer, hereinafter
referred to as "ADMINISTRATOR."
WITNESSETH:
WHEREAS, COUNTY, through its Probation Department, operates the Juvenile Court
Work Program (JCWP) pursuant to California Welfare and Institutions Code Sections 730 and
731;
WHEREAS, minors who are adjudged wards of the Juvenile Court, hereinafter referred to
as "Juvenile Probationers," may be placed under the supervision of a Deputy Probation Officer,
and may be required, as a condition of probation, to perform community service or graffiti cleanup;
and these Juvenile Probationers may also be authorized to participate in a voluntary work program
in lieu of ADMINISTRATOR filing petitions for probation violations;
WHEREAS, SANTA ANA desires to enter into this Agreement with COUNTY for
Juvenile Probationers to provide manual services of an unskilled variety at public grounds and
locations; and
WHEREAS, COUNTY is willing and capable of providing such JCWP services;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
SECTION
1.0 Term ........................................ ...............................
2.0 Responsibilities of COUNTY ...............................
3.0 Responsibilities of Santa Ana . ...............................
4.0 Compensation ......................... ...............................
5.0 Financial Accountability ......... ...............................
6.0 Other Sources of Income ........ ...............................
7.0 Right to Audit ......................... ...............................
8.0 Retention of Financial Records .............................
9.0 Program Supervision .............. ...............................
10.0 Disputes ................................... ...............................
11.0 Status of COUNTY ................. ...............................
12.0 Affirmative Action .................. ...............................
13.0 Nondiscrimination .................. ...............................
14.0 Internal Controls ..................... ...............................
15.0 Confidentiality ........................ ...............................
16.0 Mutual Indemnification .......... ...............................
17.0 Termination ............................. ...............................
18.0 Notices ..................................... ...............................
19.0 Third Party Rights ................... ...............................
20.0 Alteration of Terms ................. ...............................
Signatures............ ...............................
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Exhibit A: Miscellaneous Orders of the Juvenile Court
Relating to Juvenile Court Work Program...
Page 2 of 14
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1.0 TERM
The term of this Agreement shall commence on July 1, 2007 and end on June 30, 2008, and
thereafter shall be automatically extended in one -year increments, unless otherwise
terminated pursuant to Section 17.0 of this Agreement.
2.0 RESPONSIBILITIES OF COUNTY
2.1 Description of Services:
2.1.1 The parties agree that the Juvenile Probationers will perform work for
SANTA ANA in accordance with orders issued by the Orange County
Juvenile Court to ADMINISTRATOR relating to the JCWP. These orders
are contained in Exhibit A, which is attached hereto and incorporated by
reference, and are enumerated below:
2.1.1.1 Miscellaneous Order No. 633.3, dated April 3, 1997, entitled
"Juvenile Court Work Program;" or
2.1.1.2 Miscellaneous Order No. 634.3, dated April 3, 1997, entitled
"Juvenile Court Work Program for Graffiti Eradication;" or
2.1.1.3 Miscellaneous Order No. 635.3, dated April 3, 1997, entitled
"Voluntary Juvenile Court Work Program."
2.1.2 The parties further agree that the Juvenile Probationers will perform work
for SANTA ANA in accordance with any future orders the Orange County
Juvenile Court may issue to ADMINISTRATOR relating to the JCWP.
2.1.3 The work to be performed by the Juvenile Probationers will be unskilled
labor, which may include, but may not be limited to, street and water basin
cleaning; litter pickup; clearing brush, drainage ditches and fire breaks; and
removal of graffiti, weeds, and damaged or excess vegetation.
2.2 COUNTY shall:
2.2.1 On weekends or on days mutually agreed to by the parties, schedule and
dispatch an appropriate number and size of work crew(s) to the specified
site(s). It is mutually understood that each Juvenile Probationer shall
perform five (5) hours of community service, which is considered the
equivalent of one (1) day served on the JCWP, pursuant to the Orange
County Juvenile Court Miscellaneous Order No. 634.3, dated April 3, 1997.
2.2.1.1 As specified in Section 4.0 herein, each work crew provided by
COUNTY may consist of ten (10) or more, or less than ten (10),
Juvenile Probationers. If the work crew consists of ten (10) or
more Juvenile Probationers, COUNTY shall be compensated at
Page 3 of 14
the full rate specified in Sections 4.2.1, 4.3.1, or 4.3.2.2, as
applicable. If the work crew consists of less than ten (10) Juvenile
Probationers, COUNTY shall be compensated at the discounted
rate specified in Sections 4.2.2, 4.3.1, or 4.3.2.3, as applicable.
2.2.2 Transport the work crew(s) to and from the sites specified by SANTA
ANA.
2.2.3 Assign one (1) Deputy Juvenile Correctional Officer I (DJCO 1) for each
work crew consisting of up to twelve (12) Juvenile Probationers, to:
2.2.3.1 Meet with the work crew(s) to explain the work to be performed,
rules and expected standards of behavior, and consequences of
disciplinary violations.
2.2.3.2 Supervise the work crew(s) at all times.
2.2.3.3 Monitor compliance of work crew members with all Juvenile
Court orders and conditions of probation.
2.2.3.4 Provide immediate care and assistance in the event any Juvenile
Probationer is injured at the work site, and, if necessary, transport
the injured Juvenile Probationer to a medical facility.
2.2.3.5 Notify SANTA ANA immediately by telephone, in the event
COUNTY is unable to provide the work on scheduled days, as
mutually agreed upon. COUNTY shall state the reason for work
cancellation or delay, and shall reschedule the work.
2.2.4 Provide food for the work crew(s) and the DJCO I(s), during a one -half
(1/2) hour supervised lunch break.
2.2.5 Provide Workers' Compensation Insurance coverage for the work crew(s),
in accordance with policies and procedures established by the County
Executive Office Risk Management Division.
2.2.6 Reserve the right to refuse any work that may be determined unsafe by the
DJCO I(s) assigned to supervise the work crew(s). The DJCO I(s) may
follow instructions from representatives of SANTA ANA regarding the
work to be performed, so long as the safety of the work crew(s) is not
endangered, and COUNTY'S policies are not violated.
2.2.7 Be solely responsible for providing all legally required employee benefits to
the work crew(s). SANTA ANA shall not be required to assume any
liability for the direct payment of any salaries, wages, or other
compensation to the work crew(s) performing services hereunder, or any
liability other than provided for in this Agreement.
Page 4 of 14
2.3 ADMINISTRATOR shall:
2.3.1 Implement the Juvenile Court orders attached hereto and incorporated by
reference, as described in Section 2.1.1, any succeeding orders thereto as
described in Section 2.1.2, or any other orders related to JCWP, by
authorizing Juvenile Probationers to provide unskilled manual labor to
SANTA ANA.
2.3.2 Have final authority and responsibility for decisions affecting the Juvenile
Probationers' participation in JCWP, and any other program participation
matters designated by ADMINISTRATOR, both verbally and in writing.
3.0 RESPONSIBILITIES OF SANTA ANA
SANTA ANA shall:
3.1 Coordinate the scheduling of JCWP work, in advance, with COUNTY'S Probation
Department.
3.2 Explain to the DJCO I(s) the work to be performed by the work crew(s).
3.3 Provide the tools, equipment, supplies, and materials necessary or incidental to the
performance of the scheduled work. However, Juvenile Probationers shall not be
required to operate mechanical equipment or devices that may expose the work crew
members to safety hazards.
3.4 Provide special instructions, devices, equipment, warning signs, and apparel as
necessary to ensure the personal safety of the work crew members.
3.5 Provide technical direction and oversight until the completion of work.
3.6 Maintain absolute confidentiality of all information pertaining to the Juvenile
Probationers, as described in Section 15.0 of this Agreement.
3.7 Neither seek nor authorize publicity concerning the JCWP, or the work performed
under this Agreement, without the written consent of ADMINISTRATOR.
3.8 Keep confidential the names of minors participating in the JCWP.
4.0 COMPENSATION
4.1 SANTA ANA agrees to pay COUNTY for the cost of JCWP services requested by
SANTA ANA and performed by the Juvenile Probationers. The cost of JCWP
services is based on the actual average cost of supervising each work crew for each
day that COUNTY provides general cleanup services or graffiti removal, and is
Page 5 of 14
within the maximum rate most recently approved by the Orange County Board of
Supervisors for JCWP services.
4.1.1 It is mutually understood that the maximum rate for JCWP services is
established by the Orange County Board of Supervisors after a public
hearing at the request of ADMINISTRATOR. The rate may vary but must
be approved by the Orange County Board of Supervisors. The public
hearing is necessary to adopt new fees and to revise existing fees that are
assessed to persons granted probation, the parents and legal guardians of
institutionalized minors, or public agencies, for services provided by
COUNTY through ADMINISTRATOR.
4.2 Compensation Rate for Initial Year of JCWP Services (July 1, 2007- June 30,
2008):
During the period July 1, 2007 through June 30, 2008, COUNTY shall charge
SANTA ANA at a rate per day based on the total number of Juvenile Probationers
constituting a work crew and actually provided by COUNTY, for services rendered
to SANTA ANA, as follows:
4.2.1 Full Compensation Rate per Day for Each Work Crew of Ten (10) or More
Juvenile Probationers: Upon COUNTY'S submission of invoices monthly,
and in accordance with the payment procedures set forth in Section 5.0 of
this Agreement, SANTA ANA shall pay COUNTY for services rendered
hereunder, at a rate of Seven Hundred Ten Dollars ($710.00) per day, for
each work crew consisting of ten (10) or more Juvenile Probationers.
4.2.2 Discounted Compensation Rate per Day for Each Work Crew of Less than
Ten (10) Juvenile Probationers: If the total number of Juvenile Probationers
provided by COUNTY for any work crew is less than ten (10) for a
particular day, the full compensation rate specified in Section 4.2.1 shall be
discounted in accordance with the following formula:
Discounted Compensation Rate = Full compensation rate per
day for each work crew of ten
(10) or more Juvenile
Probationers
x (0.10x total number of
Juvenile Probationers in work
crew provided by COUNTY)
4.3 Compensation Rate for JCWP Services After June 30, 2008:
After the initial one -year term of this Agreement, COUNTY shall continue to
charge SANTA ANA at a rate per day based on the total number of Juvenile
Probationers constituting a work crew and actually provided by COUNTY, for
services rendered to SANTA ANA S in accordance with the following provisions:
Page 6 of 14
4.3.1 No Change in Full or Discounted Compensation Rates: The full
compensation rate provision of Section 4.2.1, and the discounted
compensation rate provision of Section 4.2.2, shall continue to be applicable
for the succeeding one (1) -year term(s) of this Agreement, unless a new full
compensation rate is adopted in accordance with the provisions of Section
4.3.2 and 4.3.2.1 herein.
4.3.2 Change in Full Compensation Rate: Pursuant to Section 4.1.1 herein, if a
change in the maximum rate for JCWP services is approved by the Orange
County Board of Supervisors, ADMINISTRATOR shall review and
analyze the then - current full compensation rate charged by COUNTY to
SANTA ANA. If such review and analysis indicate that an adjustment to
the then - current full compensation rate charged to SANTA ANA for JCWP
services is warranted, COUNTY shall, no later than March 15 of the then -
current one -year term of this Agreement, submit to SANTA ANA a written
notice of a proposed rate adjustment.
4.3.2.1 SANTA ANA shall issue a written response to COUNTY within
sixty (60) calendar days after receipt of COUNTY'S notice of the
proposed adjustment to the then - current full compensation rate
charged by COUNTY to SANTA ANA. If such response
indicates an agreement with COUNTY'S proposed rate
adjustment, the new full and discounted compensation rates shall
become effective commencing July 1 of the succeeding one -year
term of this Agreement, in accordance with Sections 4.3.2.2 and
4.3.2.3 herein.
4.3.2.2 New Full Compensation Rate per Day for Each Work Crew of
Ten (10) or More Juvenile Probationers: Upon COUNTY'S
submission of invoices monthly, and in accordance with the
payment procedures set forth in Section 5.0 of this Agreement,
SANTA ANA shall pay COUNTY for services rendered
hereunder, at the new full compensation rate per day, for each
work crew consisting of ten (10) or more Juvenile Probationers.
4.3.2.3 New Discounted Compensation Rate ner Day for Each Work
Crew of Less than Ten (10) Juvenile Probationers: If the total
number of Juvenile Probationers provided by COUNTY for any
work crew is less than ten (10) for a particular day, the new full
compensation rate specified in Section 4.3.2.2 shall be discounted
in accordance with the following formula:
Discounted
Compensation Rate = Full compensation rate per
day for each work crew of ten
(10) or more Juvenile
Probationers
x (0.10 x total number of
Page 7 of 14
Juvenile Probationers in work
crew provided by COUNTY)
4.3.2.4 If, by May 15 of the then- current one -year term of this
Agreement, the parties are unable to reach an agreement on
COUNTY'S proposed rate adjustment, the parties shall then meet
to determine if an acceptable rate can be negotiated.
5.0 FINANCIAL ACCOUNTABILITY
5.1 COUNTY agrees to provide fiscal procedures adequate to assure accounting for the
billing of costs to SANTA ANA under this Agreement, in accordance with
COUNTY'S general accounting policies, and the accounting policies and
procedures of COUNTY'S Auditor - Controller. All claimed reimbursements will be
supported with source documents retained by COUNTY.
5.2 COUNTY shall be reimbursed monthly in arrears for actual costs incurred, upon
the submission of invoices to SANTA ANA. The monthly invoices shall be
submitted in such form and detail as required by COUNTY'S Auditor - Controller,
and be accompanied by an affidavit signed by COUNTY certifying the
appropriateness of the amounts billed. All invoices shall include the following
information:
5.2.1 Date(s) of service
5.2.2 Work site(s)
5.2.3 Number of work crew(s)
5.2.4 Number of Juvenile Probationers for each work crew
5.2.5 Type of work performed
5.3 SANTA ANA shall pay COUNTY within thirty (30) calendar days of the invoice
date. Late charges will be assessed to SANTA ANA in the following situations:
5.3.1 Over - the - counter payments will be assessed a late charge if any payment is
not received by COUNTY within thirty (30) calendar days of the date of
the invoice for which payment is being rendered.
5.3.2 Payments transmitted to COUNTY via the U.S. Mail, and which have
SANTA ANA postage meter mark, will be assessed a late charge if any
payment is not received within thirty one (3 1) calendar days of the date of
the invoice for which the payment is being rendered.
Page 8 of 14
6.0
7.0
5.3.3 Payments transmitted to COUNTY via the U.S. Mail, and which have a
U.S. Post Office postmark dated thirty (30) calendar days after the date of
the invoice, will be assessed a late charge.
5.4 The late charge assessed in each of the above situations shall be three- quarters of
one percent (0.75 %) of the payment due and unpaid, plus One Hundred Dollars
($100.00) for late payments made within thirty (30) calendar days after the
payments are due. An additional charge of three- quarters of one percent (0.75 %)
of said payment shall be added for each additional thirty (30) -day period that the
invoice remains unpaid. Late charges shall be added to the payment due and
invoiced to SANTA ANA in accordance with Section 5.2 herein. Any invoices
and applicable late charges remaining unpaid within ninety (90) calendar days of
the invoice date may result in deductions, by COUNTY'S Auditor - Controller,
from money held on deposit with COUNTY'S Treasurer for SANTA ANA if any,
and as applicable in accordance with Government Code Section 907 and any other
applicable provision of law.
5.5 Early payments received by COUNTY from SANTA ANA shall entitle SANTA
ANA to a discount of one - quarter of one percent (0.25 %), if payment is received by
COUNTY within eleven (11) calendar days of the date of the invoice. SANTA
ANA may take credit for the discount in the current payment. However, if a
discount is taken inappropriately, COUNTY shall notify SANTA ANA
immediately that the discount should not have been taken and that the balance is
due within thirty (30) calendar days of the invoice date, subject to late charges,
pursuant to Section 5.3 herein.
5.6 COUNTY shall have sixty (60) calendar days from the end of the term of the
Agreement to liquidate all program obligations incurred during said term.
COUNTY shall then submit the final invoice within sixty (60) calendar days of the
end of the term of the Agreement. SANTA ANA shall not be liable for any invoices
submitted beyond sixty (60) calendar days of the end of the term of the Agreement.
5.7 Equinment: The parties agree that any equipment purchased for, or contributed to,
the program shall remain the property of the contributing party.
OTHER SOURCES OF INCOME
COUNTY shall not bill SANTA ANA for any service, cost or expense for which
COUNTY has been reimbursed by revenue, income or grants from any other source, if
those revenue, income, or grants are expressly earmarked by the source for services
provided under this Agreement, or for similar services for the benefit of SANTA ANA'
area.
RIGHT TO AUDIT
SANTA ANA shall have access to any books, documents, papers and records of
COUNTY, which SANTA ANA determines to be pertinent specifically to this Agreement,
Page 9 of 14
for the purpose of making an audit, evaluation, excerpts and transcripts.
8.0 RETENTION OF FINANCIAL RECORDS
8.1 COUNTY shall maintain and preserve all books, financial statements, journals,
ledgers, source documents and other financial records for a period of seven (7)
years from the tem-tination of this Agreement, and for such longer period as may be
required by any applicable statute. All financial records shall be kept or made
available to SANTA ANA at COUNTY'S principal place of business. Exceptions
to the above provisions of this section must have the prior written approval of
ADMINISTRATOR.
8.2 Records which relate to: a) litigation of the settlement of claims rising out of the
performance of this Agreement, or b) costs and expenses of this Agreement to
which SANTA ANA takes exception, shall be retained by COUNTY until
disposition of such appeals, litigation, claims, or exceptions.
9.0 PROGRAM SUPERVISION
ADMINISTRATOR shall appoint a Juvenile Hall Assistant Division Director to oversee
the daily operation and administration of this Agreement pursuant to the terms and
conditions contained herein.
10.0 DISPUTES
10.1 If COUNTY and SANTA ANA fail to agree as to whether or not any work is
within the scope of the requirements of this Agreement, SANTA ANA shall, within
fifteen (15) calendar days, provide COUNTY with a written protest specifying in
detail the manner in which the requirements of this Agreement were not fulfilled,
and the proposed remedy.
10.2 ADMINISTRATOR agrees to furnish a written decision on the dispute within thirty
(30) calendar days after receipt of such protest.
11.0 STATUS OF COUNTY
COUNTY is, and at all times shall be deemed to be, an independent contractor, and shall be
wholly responsible for the manner in which it performs the services required of it by the
terms of this Agreement. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between COUNTY and
SANTA ANA . COUNTY assumes exclusively the responsibility for the acts of its
employees as they relate to the services to be provided during the course and scope of their
employment. COUNTY, its agents, and employees, shall not be entitled to any rights and
privileges of employees of SANTA ANA, and shall not be considered in any manner to be
employees of SANTA ANA.
Page 10 of 14
12.0 AFFIRMATIVE ACTION
COUNTY shall maintain an Affirmative Action Program Plan, including the setting of
goals and timetables for minority employment which meet the requirements of the Federal
Equal Employment Opportunity Commission and the State of California Fair Employment
Practice Commission. No person shall, on the grounds of race, color, national origin or
sex, be excluded from participation in, or be denied the benefits of, or be subject to
discrimination under, any program or activity funded in whole or part with funds made
available under this Agreement. Any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975, or with respect to any otherwise qualified
disabled individuals as provided in Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990, shall also apply to any such program or activity.
Any prohibition against discrimination on the basis of religion, or any exemption from such
prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil Rights Act
of 1986, shall all apply to any such program or activity. In the performance of this
Agreement, COUNTY shall not discriminate against any employee or applicant for
employment on the basis of race, sex, color, religion, ancestry, national origin, age or
physical or mental condition. This prohibition shall pertain to employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination; rate of pay and other
forms of compensation; selection for training, including apprenticeship; and any other
action or inaction pertaining to employment matters. COUNTY will permit access by
SANTA ANA, State and Federal agencies to its records of employment, application forms
and other pertinent data and records for the purpose of investigation to ascertain
compliance with this section of the Agreement.
13.0 NONDISCRIMINATION
COUNTY shall not employ discriminatory practices in admission of clients, employment
of personnel, or in any other respect on the basis of race, color, religion, national origin,
ancestry, sex, age, or physical or mental condition.
14.0 INTERNAL CONTROLS
COUNTY shall maintain necessary written procedures establishing internal controls
approved by COUNTY'S Auditor - Controller for its personnel, instruct all of its personnel
in said procedures, and continuously supervise its operations to ensure compliance.
15.0 CONFIDENTIALITY
15.1 SANTA ANA agrees to maintain the confidentiality of all juvenile record
information pertaining to all minors under the jurisdiction of the Juvenile Court, or
the Juvenile Court law of the State of California when such records come into the
possession of, or are generated by SANTA ANA.
15.2 SANTA ANA' staff, and all agents and employees of SANTA ANA shall maintain
the confidentiality of such records in accordance with Orange County Juvenile
Court's policy titled "Confidentiality and Release of Information" dated January 28,
1997, and adopted in accordance with California Welfare and Institutions Code,
Page 11 of 14
Section 827, and all applicable statutes, court orders and case law. No access,
disclosure or release of such information shall be permitted except as authorized. If
authorization is in doubt, no such information shall be released without the prior
approval and consent of the Judge of the Juvenile Court.
15.3 "Juvenile record information" is understood to include all records and data which
identify the subject of the information, and associate the subject with any aspect of
the administration of the Juvenile Court law of the State of California. Such
information includes, but is not limited to, the subject's offense history, social
history, all information of a diagnostic or evaluative nature, and any other personal
or confidential data which can be traced to the individual, whether generated by
SANTA ANA or not.
15.4 All written materials pertaining to the Juvenile Probationers shall be placed in a
secure and locked file when not in use, and access to such materials shall be limited
to specified authorized staff.
16.0 MUTUAL INDEMNIFICATION
COUNTY shall indemnify, hold harmless and defend SANTA ANA, its governing board,
officers, agents and employees from any and all claims, demands, losses or liabilities for
injury, death or damage arising out of the acts or omission to act by COUNTY agents or
employees in carrying out this Agreement.
SANTA ANA shall indemnify, hold harmless and defend COUNTY, its officers, agents
and employees, from any and all claims, demands, losses or liabilities for injury, death or
damages arising out of the acts or omission to act by SANTA ANA agents or employees in
carrying out this Agreement.
17.0 TERMINATION
17.1 Either party may terminate this Agreement, with or without cause, upon thirty- (30)
calendar days' written notice given to the other party.
17.2 In the event of termination of this Agreement, SANTA ANA and COUNTY shall
not be liable for services provided beyond the date of termination, except as may
otherwise be provided in this Agreement.
17.3 The obligations pertaining to indemnification for, or defense of, causes of action
accruing during the term of this Agreement, shall extend beyond the termination of
this Agreement until fully performed.
17.4 Notwithstanding anything contained in this Agreement to the contrary, in the event
no funds or insufficient funds are appropriated and budgeted or otherwise
unavailable in the budget for COUNTY by any means whatsoever in any fiscal year
covered by this Agreement, COUNTY will immediately notify SANTA ANA of
such occurrence, and this Agreement shall terminate after the last day during the
fiscal year for which appropriations shall have been budgeted for COUNTY.
Page 12 of 14
18.0
17.5 Notwithstanding anything contained in this Agreement to the contrary, in the event
no funds or insufficient funds are appropriated and budgeted or otherwise
unavailable in the budget for SANTA ANA by any means whatsoever in any fiscal
year covered by this Agreement, SANTA ANA will immediately notify COUNTY
of such occurrence, and this Agreement shall terminate after the last day during the
fiscal year for which appropriations shall have been budgeted for SANTA ANA.
NOTICES
18.1 All notices or demands to be given under this Agreement by any party to the other,
shall be in writing and given either by: (a) personal service, or (b) U.S. Mail,
mailed either by registered or certified mail, return receipt requested, with postage
prepaid. Service shall be considered given when received if personally served, or if
mailed, on the third day after deposit in any U.S. Post Office. The address to which
notices or demands may be given by any party may be changed by written notice
given in accordance with the notice provisions of this Section.
18.2 Notices and payments to COUNTY shall be sent to the Probation Department
addressed as follows:
Chief Probation Officer
Orange County Probation Department
P.O. Box 10260
Santa Ana, CA 92711
18.3 Notices to SANTA ANA shall be addressed as follows:
Santa Ana Parks and Recreation Agency
Executive Director
City of Santa Ana
888 W. Santa Ana Blvd, Suite 200
Santa Ana, CA 92701
19.0 THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third parry as
beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein.
20.0 ALTERATION OF TERMS
This Agreement, together with Exhibit A attached hereto and incorporated herein by
reference, fully expresses all understandings of the parties, and is the total agreement
between the parties as to the subject matter of this Agreement. No addition to, or alteration
of, the terms of this Agreement or Exhibit A, whether written or verbal, by the parties, their
Page 13 of 14
officers, agents or employees, shall be valid unless made in the form of a written
amendment to this Agreement, which is formally approved and executed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers.
CITY OF SANTA ANA
By: Lia� ----�
DAVID N. IZEAM
City Manager
ATTEST:
PATRICIA E. HEALY,Cl&k of the
APPROVED AS TO FORM:
n
L
JOSEPH W. FLETCH R, City Attorney
COUNTY OF ORANGE
DATED:
REECOMMEQNDED FOR APP OVAL
Q
A� ,— 6
GERARDO MOU T, Executive Director
Parks, Recreation And Community Services
By: , DATED: ((j
COLLEENI CIADO
Chief Probn Officer
Page 14 of 1,1
July 19, 2007
TY OF
ANGE
PROBATION DEPARTMENT
City of Santa Ana
Parks, Recreation & Community Services Agency
Attn: Carla M. Thompkins
P. O. Box 1988 M -23
Santa Ana, CA 92702
Dear Ms. Thompkins:
COLLEENE PRECIADO
CHIEF PROBATION OFFICER
TELEPHONE: (714) 569-
1535 E. ORANGEWOOD AVENUE
ANAHEIM, CA 92805
MAILING ADDRESS:
P.O. BOX 10260
SANTA ANA, CA 92711 -0260
Enclosed are three (3) original agreements between the County of Orange and City of
Santa Ana for Juvenile Court Work Program Services. They are now ready for
signatures by your agency.
Once these documents have been signed, please retain one original set of the
agreement for your records and return the other two (2) sets to my attention at the
above address.
If you have any questions, please contact me at (714) 937 -4726.
Thank you,
Rosina J. Wong
Admin. Manager I
AF &D /Contract Services