A-2003-273A - Laserfiche WebLink

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21 CITY. The proposed Agreement addresses the potential liabilities to the COUNTY and contains the following provisions: • License to use City Real and Personal Property: Santa Ana PD provides rent-free and adequate office space, furniture and equipment for use by COUNTY staff assigned to W&S Directed Team Site I/H. This property use license will include all repairs, maintenance and fuel for vehicles, at the expense of the CITY. Permission to Use City Vehicles: The CITY supplies owned or leased vehicles to Santa Ana PD and Probation personnel to ride as passengers, or for Probation personnel to drive and operate City vehicles, if necessary while performing W&S Directed Team Site I/II-related duties. Permission for Probation personnel to drive City vehicles is in accordance with the Agreement for Indemnification in the Operation of City Vehicles between the County of Orange and the City of Santa Ana, dated February 9, 1999. Mutual Indemnification: The parties work together as a team. Probation personnel assigned to W&S Directed Team Site UII are based at the Santa Ana PD station. Probation personnel may ride in vehicles supplied by the CITY; Probation personnel may also be asked to drive vehicles as necessary. Santa Ana PD administers the federal grant. A mutual indemnification provision is included in this Agreement, whereby both parties agree to indemnify, defend and hold harmless each other from and against all claims, demands, actions or errors caused by their respective officers, agents, employees, representatives and volunteers in the performance of this Agreement. Request for Retroactive Contract Approval The Probation Department requests approval of the Agreement retroactive to October 1, 2005. Confirmation regarding the approval of the OJP grant extension did not become available to Probation until February 9, 2006. Hence, the Probation Department requests your Honorable Board to ratify the actions performed by the parties after Agreement No. A-2003-273 expired on September 30, 2005 by approving the retroactive contract. These actions were deemed necessary to avoid a gap in the provision of gang violence suppression services. Contingency of Funds, Contract Modification or Termination: The proposed Agreement contains language that will permit immediate reduction or termination of the services due to fiscal non -appropriation, without penalty. Such provision can be triggered if the budget approved by your Honorable Board, State funding, or other appropriations are not forthcoming, or otherwise become limited. Because of the essential nature of this service, the Probation Department believes it is prudent to proceed at this time as recommended. CEQA/NEPA Compliance: The subject project is Categorically Exempt (Class 21) from the provisions of CEQA pursuant to Section 15321(b). Activity involves law enforcement activities by a peace officer acting under laws providing criminal sanctions. FINANCIAL IMPACT: N/A Page 3