1979-0717_ORANGE, COUNTY OF_AgreementAGENDA ITEM
TO: Honorable Mayor and City Council
FROM: James S. Mocalis, City Manager
•
June 20, 1979
SUBJECT: Agreement For Services -- Prosecution Services
SITUATION:
The City's current five-year agreement with the County of Orange,
District Attorney Office, for the receipt of services for the
prosecution of municipal code violations is scheduled to expire
on July 23, 1979. The District Attorney Office is now submitting
the attached agreement as their renewal proposal for the provision
of services for the period of July 23, 1979 through July 23, 1984.
Other than revisions to reflect cost figures currently in effect,
the proposed agreement is substantially the same as at present.
FINANCIAL CONSIDERATIONS:
During the course of this agreement, the City has expended an
average of $200 per year for the receipt of prosecution services
by the District Attorney's office. Costs which do occasionally
arise under this agreement have been charged to the City Attorney's
Professional and Technical Services account. For FY 1979-80,
$10,000 has been allocated to this account, to include these and
other such professional and technical services.
ALTERNATE ACTIONS:
1. Accept and approve the attached agreement and authorize the
Mayor to execute the agreement for the receipt of prosecution
services with the County of Orange for the period of July 23,
1979 through July 23, 1984.
2. Do not accept and approve the agreement.
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RECOMMENDATION:
By motion, accept and approve the attached agreement and authorize
the Mayor to execute the agreement for the receipt of prosecution
services with the County of Orange for the period of July 23, 1979
through July 23, 1984.
spectfully submitted,
ames S. Mocalis
JSM: did WK CITY COUNCIL AGENDA ...... • .
Attachments � n
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1 AGREEMENT FOR PROSECUTION SERVICES
2 THIS AGREEMENT made and entered in
, � to by and between the. COUNTY OF
310'nANGF., a body politic and corporate, hereinafter designated as "COUNTY",
I
;and the City of San Juan Capistrano , a municipal corporation, located in
5�the County of Orange, hereinafter designated as "CITY".
6 1i W I T N E S S E T H:
in consideration of the terms, covenants, conditions and promises to
i
8jibe kept, performed and observed by the parties hereto, it is agreed as
li,
9 1 follows:
101 1. COUNT,', through its District Attorney and deputies, officers and
111�employees of his department, shall render to CITY such services as may be
1?ilreauired to prosecute violation of CITY's ordinances in the municipal
13 Ij courts.
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l4 ;f 2. For the purpose of performing said functions, COUNTY shall provi
41 �'
15 11 all manpower and supervision necessary to maintain the service to be
W 1e, i Irendered hereunder.
o i7jj 3. The final authority for rendition of service, standards of per -
1s 1iformance, and other matters incident to the performance of such service
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Il;and the control of. COUNTY personnel shall remain in COUNTY.
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20 4. CITY shall not be called upon to assume any liability for the
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21Idirect payment of any salaries, wages or other compensation to any COUNTY
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2'iipersonnel performing services hereunder or any liability other than that
2s �i
;provided for by this Agreement. Except as herein otherwise specified, �
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24IICITY shall not be liable for compensation or indemnity to any COUNTY
2511employee for any injury or sickness arising out of his employment.
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111 5.' COUNTY, its officers, agents and employees shall not be deemed .
Zito have assumed any liability for the negligence of CITY or any of its
3jofficers or employees; and CITY shall hold COUNTY, its officers and
4'employees harmless from any and all claims for damages resulting therefrom
5 G. Both CITY and COUNTY shall hold each other harmless from liabilit
6I1for acts or omissions of the other.
7 7. (a) Referrals for Complaints. CITY may refer suspected viola -
8 tions of its criminal ordinances to the District Attorney for a determina-
9lti.on as to whether a criminal complaint should be filed. CITY agrees to
10l11pay COUNTY the sum of Twenty-seven Dollars and Fifty-nine Cents ($27.59)
1111for each referral, without regard to the issuance of a complaint. As used
12I1herein, a "referral" means an occurrence constituting an alleged violation
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of one or more CITY ordinances by one person. CITY will provide investi-
Igation, reports, copies of its ordinances, and additional evidence as
requested by the District Attorney. In cases where prosecution is author-
ized by the District Attorney, he will draft and prepare the complaint.
When "not guilty" pleas are entered on such complaints, the District
Attorney will prosecute such cases through trial without further charge,
except as provided in Paragraph 7(c) herein.
(b) Additional Prosecution. Trials of violations of CITY criminal
ordinances will be prosecuted by the District Attorney on citations for
parking and animal control violations and complaints issued in accordance
with Paragraph 7(a) herein. Trials on complaints and citations issued
24 11 otherwise will not be tried by the District attorney without the consent
2511of his dcputy-i_n-charge of the branch office serving the judicial district
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26 Jin which CITY is located. The District Attorney has the right to deter-
LL 27 mine that special ordinances of exclusively local concern should be
ME
12/77
2.
111prosecuted by the City Attorney
CITY agrees to pay COUNTY Twenty-seven
21IDollars and Fifty-nine Cents ($27.59) for each such prosecution, except as
3Ilprovided in Paragraph 7(c) herein. As used herein, "prosecution" means
ithe District Attorney's appearance in court after witnesses are subpoenaed
Sion the first setting of one defendant's trial. Where the CITY asks the
6�IDistrict Attorney to request dismissal before subpoenas have been issued,
7`no charge will be made. As prosecutor, the District Attorney has the
t
8fright to control the disposition of all complaints, trials, and appeals
9�herein described in accordance with the -duties of his office. CITY will
101provide investigation, reports, citations, copies of its ordinances, and
i
]]!additional evidence necessary for trial as requested by the District
12I(Attorney. This includes, but is not limited to, Department of Motor
131iVehicles' registration information and official documentation of ownership
14 and licensing of vehicles cited under CITY's parking ordinances.
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,; 15I (c) Special Costs. CITY may request the District Attorney to file,
oW 16 Il answer, and litigateappeals from convictions from CITY's ordinances. CITY
°0 17lagrees to pay to COUNTY for such services on appeals the sum of Twenty -
18 ;j five Dollars and Fifteen Cents ($25.15) per hour of attorney time and Nine
19 Dollars and Seventy-seven Cents ($9.77) per hour of clerk typist's or
20 stenographer's time. In addition to charges described in paragraphs 7(a)
2..1 And 7(b) herein, CITY agrees to pay COUNTY for all time including prepa-
2`ration, spent in prosecutions in excess of one day, at the rate specified
�I j
23 ij in this paragraph.
24 (d) The above rates shall be reviewed annually by COUNTY Auditor -
25 Controller, and if it is determined that a change in the rate.is necessary
20 to reflect change in costs to COUNTY, COUNTY shall notify CITY of such
LL2 -
change prior to. June 30th, and the change shall become effective the
28 I following July 1st.
/12/77
1 8. Within ten (10) days following the end of each calendar quarter,
2;COUNTY shall render to CITY a statement of the cost of services performed
3iunder this contract, and CITY shall pay COUNTY therefor within twenty (20)
4 days after receipt of such statement. Such statement shall consist of the
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5':number of referrals for complaints, additional prosecutions, and itemized
611special costs. If such payment is not received by COUNTY within thirty
7+1+1(30) days after rendition of billing, COUNTY may satisfy such indebtedness
li
81from any funds of CITY on deposit with COUNTY without giving further
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'notice to CITY of COUNTY's intention to do so.
10!! 9. Upon execution of this agreement, CITY shall provide two (2)
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11icopies of their municipal ordinances to the District Attorney. CITY will
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13 Vurther provide the District Attorney with complete details on any addi-
iIItions deletions, or corrections to the municipal ordinances that may occur
14lduring the term of this agreement.
'' II
151' 10. This Agreement shall continue in full force and effect for a term
'o
`V 16 of five (5) years commencing July 23 19 79 , provided
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U0 17ithat either party may terminate upon thirty (30) days' written notice.
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IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed
by the Chairman of its Board of Supervisors and attested by the Clerk of
said Board, and CITY has caused this Agreement to be executed by its Mayor
and attested by the City Clerk on the dates set opposite their respective
signatures.
DATED:_ / , 19-A? COUNTY OF ORANGE, a body politic and
corporate
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
By
Deputy
DATED:
DATED: June 20, 1979
ATTEST:
'i
By
City Cl�
APPROVED AS TO FORM:
S. OKAZAKI, CITY ATTORNEY
By -. 1� 4
ChairAn of its Bo d of Supervisors
CITY OF SAN JUAN CAPISTRANO
A Municipal Corcration
4,'RENNETH E. FRI SS Mayor
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4111
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IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed
by the Chairman of its Board of Supervisors and attested by the Clerk of
said Board, and CITY has caused this Agreement to be executed by its Mayor
and attested by the City Clerk on the dates set opposite their respective
signatures.
DATED:
ATTEST:
19,
JUNE ALEXA14DER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
By_
DATED:
DATED: June 20, 1979
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ATTEST:
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18/7
Deputy
COUNTY OF ORANGE, a body politic and
corporate
By
Chairman of its Board of Supervisors
CITY OF SAN JUAN CAPISTRANO
A Municipal Cororation
Bye
KENNETH E. FRIESS Mayor
By
City O i
APPROVED AS TO FORM:
/J �4ES S. OKAZAKI, CITY ATTORNEY
5.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 19th day of September , 1985 ,
she caused to be posted:
RESOLUTION NO. 85-9-17-2
being: TERMINATING AGREEMENT WITH COUNTY OF ORANGE -
A RESOLUTION OF THE CITY COUNCII. OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, TERMINATING
AGREEMENT WITH COUNTY OF ORANGE - PROSECUTORIAL
LEGAL SERVICES
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MARY ANN: A OVER, CITY CLERK
San Juan Capistrano, California
Clfl•:CK LIST
ORD. NO, HES. N08S•`?-/1-
---_ ..--.. Ma}or has signed
.... -. Clerk has signed
.. ..... City Seal stamped
All blanks typed in
"Absent"
„Noes" ._ .. ;. -...
Typed in Official Record Rook
Posted to Classified Cards
....... .Copies sent tn.��..°At1y �7s>Ip'11%Q�f../�.
Legal PIIbliCalloll ordered to he pokle,b:d
(date)
....... _. _..._ .......
No. Affidarils ...... ... -
No. Printed copies required
Remarks .�... �,.,'.: 'r. r:..:r. ' ,..�.c.:._s, sa.t er •.`..
-------._....-.............................._..._......
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OFFICE OF 0
CECIL HICKS DISTRICT ATTORNEY
DISTRICT ATTORNEY
ORANGE COUNTY COURTHOUSE
JAMES G. ENRIGHT P. O. BOX 808
CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702
Telephone: (714) 834-3600
July 25, 1984
James S. Okazaki
City Attorney
City of. Sen: Juan Capistrano
32222 Camino Capistrano, Suite A
San Juan Capistrano, CA 92675
Dear Mr. Okazaki:
Enclosed is the executed Agreement for Prosecution
Services for the City of San Juan Capistrano.
Sincerely,
T
W. r son,
.ni3trative Officer
WJM: Sol
encloware-2
EDWARD J. MERRI LEES
DIRECTOR. MUNICIPAL COURT OPERATIONS
EDGAR A FREEMAN
OI RECTOR. SUPERIOR COURT OPERATIONS
MICHAEL R. CAPIZZI
DIRECTOR. SPECIAL OPERATIONS
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
July 10, 1984
AGREEMENT WITH Y.S.P., INCORPORATED: On motion by Supervisor Riley, seconded by
Supervisor Clark, the Clerk of the Board, on behalf of the Board of Supervisors, was
authorized to execute an agreement with Y.S.P., Incorporated, in an amount not to
exceed $18,744, for law enforcement enhancement services, for the period of July 1,
1984 through June 30, 1985, as recommended by the Sheriff -Coroner. MOTION UNANIMOUSLY
CARRIED BY BOARD MEMBERS PRESENT.
AMENDMENTS TO AGREEMENTS WITH ORANGE COUNTY JOB TRAINING PARTNERSHIP AGENCY: On
motion by Supervisor Riley, seconded by Supervisor Clark, -e Clerk of the Board, on
behalf of the Board of Supervisors, was authorized to execute the following amendments
to agreements with the Orange County Job Training Partnership Agency: Amendment to
Agreement No. 67-130 to extend contract period to September 30, 1984; Amendment to
Agreement No. 67-131 transferring $60,000 from the Youth Recruitment Intake and
Assessment Activity (RIA) to the Adult RIA, and to extend the contract period to
July 31, 1984; Amendment to Agreement No. 67-152 to extend the contract period to
July 31, 1984; and Amendment to Agreement No. 67-132, Administrative Cost Pool
Contract, increasing amount to $314,726 and extending the period to July 31, 1984, as
recommended by CSA/Special Programs Office. MOTION UNANIMOUSLY CARRIED BY BOARD
MEMBERS PRESENT.
AGREEMENT WITH CITY OF SAN JUAN CA.PISTRANO: On motion by Supervisor Riley, seconded
by Supervisor Clark, the Clerk of the Board, on behalf of the Board of Supervisors,
was authorized to execute a five-year agreement with the City of San Juan Capistrano,
commencing July 23, 1984, for Orange County District Attorney services to prosecute
violations of city ordinances, as recommended by the District Attorney. MOTION
UNANIMOUSLY CARRIED BY BOARD MEMBERS PRESENT.
RESIGNATION FROM ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL BY MARTHA NEWKIRK: On
motion by Supervisor Riley, seconded by Supervisor Clark, the resignation of tartha
Newkirk from the Orange County Community Development Council Board of Directors as the
Fifth District member, was accepted. MOTION UNANIMOUSLY CARRIED BY BOARD MEMBERS
PRESENT.
QFIOL3.2.3 (12n6l
0
IWIPROM
ral
SA 11
June 21, 1984
W. J. Morison, Administrative Officer
Office of the. District Attorney
P. O. Box 808
Santa Ana, California 92702
Re: Contract for Services
District Attorney's Office
Dear Mr. Morison:
I
A
Enclosed are three signed copies of the Agreement for
Prosecution Services between the City of San Juan Capistrano and
the County of Orange. The Agreement was approved by the City
Council at their meeting of June 19, 1984.
After approval by the -Board of Supervisors, please
return one fully -executed copy of the Agreement to this office
for our files.
Thank you for your cooperation.
Very truly yours,
rn� dX'X'� �
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
Enclosures
cc: City Manager
n
CECIL HICKS
DISTRICT ATTORNEY
JAMES G. ENRIGHT
CHIEF DEPUTY DISTRICT ATTORNEY
OFFICE OF 0
EDWARD J. MERRI LEES
DIRECTOR, MUNICIPAL COURT OPERATIONS
DISTRICT ATTORNEY EDGAR A FREEMAN
ORANGE COUNTY COURTHoustECUM10"' SR.CAP
RR CO RT OPERATIONS
DIRECT R.j�ECIAL OPERATIONS
P. O. sox 808 I I f J
SANTA ANA, CALIFORNIA 92702 IL 3� 11 VV
Telephone: (714) 834-3600
July 27, 1979
James S. Okazaki
City Attorney
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
Dear Mr. Okazaki:
(I 'r 'J I
S"1'
Enclosed is the executed Agreement for Prosecution
Services for a five-year period commencing July 23,
1979. The Agreement was signed on Judy 17, 1979.
WJM:as
Enclosure
r
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1276 N. BERKELEY AVE. 0141 13TH STREET 30143 CROWN VALLEY PKWY, 6601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
July 17, 1979
IN RE: AGREEMENTS TEXACO ANAHEIM HILLS, INC. CITY OF ORANGE
JOHN D. LUSK AND SON MEATS AVENUE EXTENSION
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Chairman and the Clerk are authorized to sign the Agreement
No. D78-056, dated July 17, 1979, between the County of Orange and the
City of Orange coordinating the AHFP financing for construction of Meats
Ave:rue; and Agreement No. D78-153 dated July 17, 1979, between the County
of Orange, John D. Lusk & Son, a California corporation, Texaco Anaheim
Hills, Inc., a Delaware Corporation, and the City of Orange for jointly
financing said construction of Meats Avenue from Summitridge Drive to
the Anaheim city limits.
IN RE: AGREETiF;NT PARAMEDIC SERVICES CITY OF WESTMINSTER
On motion of Supervisor Clark, duly seconded and unanimously
carried, the Cha:i.ri1(ar1 and the Clerk are authorized to sign the Agreement,
dated July 17, 1979, between the County of Orange and the City of
Westminster providing paramedic service to Couni'y unincorporated islands
within or adjacent to the City.
IN RE: AGREEMENT PROSECUTION SERVICES CITY OF SAN JUAN
CAPISTRANO
On motion of Supervisor Clark, duly seconded and unanimously
carried, the. Chairman and the Clerk are authorized to sign the Agreement,
dated Ju7_y 17, 1979, between the County of Orange and the City of
San Juan Capistrano to provide services by the District Attorney for the
prosecution of violators of city ordinances.
)F1013 2.3 (12/76)
• OFFICE OF 40
EDWARD J. MERRILEES
DIRECTOR. PAL COURT OPERATIONS
CECIL HICKS DISTRICT ATTORNEY EDGARA FREEMAN
DISTRICT ATTORNEY DIRECTOR. SUPERIOR COURT OPERATIONS
ORANGE COUNTY COURTHOUSE MICHAEL R. CAPIZZI
DIRECTOR. SPECIAL OPERATIONS
JAMES G. ENRIGHT P. O. BOX 808
CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702
Telephone: (714) 834.3600
June 7, 1983
'Y
City of San Juan Capistrano -
32400 Paseo Adelanto i ~ (Z'
San Juan Capistrano, CA 92673
Attn: City Attorney
SUBJECT: Agreement for Prosecution Services by the District Attorney of
Orange County.
Dear Sir:
Paragraph 7d of subject agreement states that rates for this service will
be reviewed annually by the County Auditor -Controller. This review was
accomplished and resulted in new rates which are effective July 1, 1983.
The changes in the rates are summarized below:
Referral
(Paragraph 7a)
Additional Prosecution
(Paragraph 7b)
Special Costs
(Paragraph 7c)
Special Costs
(Paragraph 7c)
OLD RATE
$40.00
$40.00
$36.00 per hour
$16.00 per hour
NEW RATE
$43.50
$43.50
$39.00 per hour
$18.00 per hour
Please attach a copy of this letter to your original agreement for
reference.
Please call me at 834-3652 if you have any questions.
SincereI
W.J. o ison
Admi ' trative Services Officer
WJM: jb
(215OD/0047D)
(2151D/0047D) X P/Ty IV4A1/Va057<✓
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 13TH STREET 30143 CROWN VALLEY PKWY. 0601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92863 ORANGE, CA. 92666
CECIL HICKS
DISTRICT ATTORNEY
JAMES G. ENRIGHT
CHIEF DEPUTY DISTRICT ATTORNEY
• OFFICE OF •
DISTRICT ATTORNEY
ORANGE COUNTY COURTHOUSE
P. O. BOX 808
SANTA ANA, CALIFORNIA 92702
Telephone: (714) 834.3600
May 6, 1982
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
Attn: City Attorney
SUBJECT: Agreement for Prosecution Services
Orange County.
Dear Sir:
EDWARD J. MERRILEES
DIRECTOR. MUNICIPAL COURT 016RATIONf
EDGAR A FREEMAN
DIRECTOR. SU RESIGN COURT OPERATIONS
MICHAEL R. CAPIZZI
DIRECTOR, SPECIAL OPERATIONS
Paragraph 7d of subject agreement states that rates for this service will
be reviewed annually by the County Auaitor-Controller. This review was
accomplished and resulted in new rates which are effective July 1, 1982.
The changes in the rates are summarized below:
Referral
(Paragraph 7a)
Additional Prosecution
(Paragraph 7b)
Special Costs
(Paragraph 7c)
Special Costs
(Paragraph 7c)
OLD RATE
$37.75
$37.75
$34.00 per hour
$15.00 per hour
NEW RATE
$40.00
$40.00
$36.00 per hour
$16.00 per huur
Please attach a copy of this letter to your original agreement for
reference.
Please call me at 834-3652 if you have any questions.
VSinely,
i?W
. Morison
tlministrative Services Officer
WJM:jb
(215OD/0047D)
(2151D/00470)
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6101 13TH STREET 30143 CROWN VALLEY PKWY. 6601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 02583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 02563 ORANGE, CA. 92569
_.ten
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Ip
oy the District Atto 4y
of
N
Paragraph 7d of subject agreement states that rates for this service will
be reviewed annually by the County Auaitor-Controller. This review was
accomplished and resulted in new rates which are effective July 1, 1982.
The changes in the rates are summarized below:
Referral
(Paragraph 7a)
Additional Prosecution
(Paragraph 7b)
Special Costs
(Paragraph 7c)
Special Costs
(Paragraph 7c)
OLD RATE
$37.75
$37.75
$34.00 per hour
$15.00 per hour
NEW RATE
$40.00
$40.00
$36.00 per hour
$16.00 per huur
Please attach a copy of this letter to your original agreement for
reference.
Please call me at 834-3652 if you have any questions.
VSinely,
i?W
. Morison
tlministrative Services Officer
WJM:jb
(215OD/0047D)
(2151D/00470)
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6101 13TH STREET 30143 CROWN VALLEY PKWY. 6601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 02583 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 02563 ORANGE, CA. 92569
4, • OFFICE OF
EDWARDJ. MERRILEES
CECIL HICKS
DISTRICT ATTORNEY DIRECTOR, MUNICIRAL COURT o"RATION=
N
DISTRICT ATTORNEY 1� •L,fp2avv#COURT oPCRnnoNs
ORANGE COUNTY COURTHOUSEA R. CAPIZZI
B'YRC
C1 gi�y�}Ti oNs
JAMES G. ENRIGHT P. O. BOX 808 LL ryPScgy �'y
CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702 iJ �1R
o'(7 r ' R
Telephone: (714) 834-3600 S 4 fit 1 1 1
June 28, 1979 �:'-� I,
City of San Juan Capistrano
City Hall
Attn: City Attorney
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
SUBJECT: Agreement for Prosecution Services by the District Attorney
of Orange County
Dear Sir:
Paragraph 7d of subject agreement states that rates for this service
will be reviewed annually by the County Auditor -Controller. This
review was accomplished in June of 1979, (see attached) and new rates
will be effective July 1, 1979, The changes in the rates are summarized
below:
OLD RATE NEW RATE
Referral
(paragraph 7a)
27,59
30.00
Additional Prosecution
(paragraph 7b)
27.59
30.00
Special Costs
(paragraph 7c)
25.15 per hour
27.00 per hour
Special Costs
(paragraph 7c)
9.77 per hour
12.00 per hour
Please attach a copy of this letter to your original agreement for
reference,
Please call me at 834-3652 if you have any questions.
:Sincerely,
W. J. MORISON
Administrative Services Officer
WJM:aa 1
Attachment
CENTRAL OFFICE NORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER OR. W. 1275 N. BERKELEY AVE. 8141 13TH STREET 30143 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 97683 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH., CA. 92663 ORANGE, CA. 92668
t
9 0
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i o F
' V
C3I I= -
OFFICE OF tUDITOR-CONTROLLER
June 27, 1979
TO: W. J. Morison, Admin
District Attorney
SUBJECT: 1979-80 Charge to Ci
by the District Atto
As provided in the standard agi
to various cities, we have comb
services provided by the Distr:
of Municipal Code violations:
Hourly Billing Rates
Attorney III
Attorney Clerk
Cost Per Referral
Attorney III
Attorney Clerk
Total
If you require additional
LJ:mn
ve Services Officer
V. A. HEIM
AUDITOR -CONTROLLER
FINANCE BUILDING
630 NORTH BROADWAY
P. O. BOX $57
SANTA ANA, CALIFORNIA 92102
TELEPHONE: 934-2450
AREA CODE lf4
for Legal Services Performed
ment covering legal services supplied
ed the following 1979-80 rates for
Attorney's Office for the prosecution
$27.00
$12.00
1.0 hr. $27.00
5 hr. 3.00
$30.00
please call 834-6819.
A.
, Cost Section
June 26, 1979
Mr. W. J. Morison
Administrative officer
Office of the District Attorney
P. 0. Box 808
Santa Ana, California 92702
Re: Agreement for P tosecution Services
Dear Mr. Morison:.
At their meeting of June 20, 1979, the City Council
approved the Agreement for Prosecution Services for the term
ending July 23, 1984. Enclosed are two copies of the Agreement
executed by the City. Upon execution by the appropriate
County personnel, we would app�eciate the return of a fully -
signed copy to this office.
Thank you for your cooperation.
:Very truly yours,
(MRS) ANN HANOVER
City Clerk
MAH/Cj
Enclosures
cc: City Manager
32400 PASEO ADELANTO
C
SAN JUAN CAPISTRANO, CALI
FORWA 92675
4' �PHPNE 493,1171'
June 26, 1979
Mr. W. J. Morison
Administrative officer
Office of the District Attorney
P. 0. Box 808
Santa Ana, California 92702
Re: Agreement for P tosecution Services
Dear Mr. Morison:.
At their meeting of June 20, 1979, the City Council
approved the Agreement for Prosecution Services for the term
ending July 23, 1984. Enclosed are two copies of the Agreement
executed by the City. Upon execution by the appropriate
County personnel, we would app�eciate the return of a fully -
signed copy to this office.
Thank you for your cooperation.
:Very truly yours,
(MRS) ANN HANOVER
City Clerk
MAH/Cj
Enclosures
cc: City Manager
0 OFFICE OF
CECIL HICKS DISTRICT ATTORNEY
DISTRICT ATTORNEY
ORANGE COUNTY COURTHOUSE
JAMES G. ENRIGHT P. O. BOX 808
CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA,, CALIFORNIA 92702
Telephone: (714) 834-3600
April 24, 1979
James S. Okazaki
City Attorney
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
Dear Mr. Okazaki:
EDWARD J. MERRILEES
DIRECTOR. MVNICIPAL COURT OPERATIONS
EDGAR A FREEMAN
DIRECTOR, SUPERIOR COURT OPERATIONS
MICHAEL R. CAPIZZI
DIRECTOR. SPECIAL OPERATIONS
If you wish to renew the enclosed contract, please
have two copies signed by the Mayor and return them to
me for processing through the Board of Supervisors.
If you have any questions, please call me at
834-3652.
Sincerely,
WA R Morison
ministrative Officer
WJM:aa
Enclosures
CENTRAL OFFICE
NORTH OFFICE
WEST OFFICE
SOUTH OFFICE
HARBOR OFFICE
JUVENILE OFFICE
700 CIVIC CENTER DR. W.
1275 N. BERKELEY AVE.
8141 13TH STREET
30143 CROWN VALLEY PKWY.
4601 JAMBOREE BLVD.
301 CITY DRIVE SOUTH
SANTA ANA, CA. 92701
FULLERTON, CA. 92631
WESTMINSTER, CA. 92683
LAGUNA NIGUEL, CA. 92677
NEWPORT BCH., CA. 92663
ORANGE, CA. 92660
OFFICE OF
' -CECIL 141CKS DISTRICT ATT®RNEY
6SI'RICT ATTORNEY
ORANGE COUNTY COURTHOUSE
JAMES G. ENRIGHT P. O. BOX 808
CHIEF DEPUTY DISTRICT ATTORNEY SANTA ANA, CALIFORNIA 92702
Telephone: (714) 834-3600
July 7, 1977
James S. Okazaki
City Attorney
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
EDWARD J. j%ERRILEES
OIRE2yoR. M9re PAL COURT OPERATIONS
CIRECTO DP[JIORC��2 ovuwn9xa
MICHA L R•.CA IZZI O
61R`C9AtC1.pJyP GR /.Tloxs
1(IVy./kj. ,ON 61 Vy1,ax
WiL LYAKI,�. MOAISON
ADMINIf TRAT�VF SERVICES OFFICER
SUBJECT: Agreement for Prosecution Services by the District Attorney
of Orange County
Dear Sir:
Paragraph 7d of subject agreement States that rates for this service
will be reviewed annually by the County Auditor -Controller. This
review was accomplished in June of'1976, (see attached) and new rates
will be effective July 1, 1977. Tule changes in the rates are su nre-
rized below:
OLD RATE NLW RATE
Referral
(paragraph 7a) 23.74 27,59
Additional Prosecution
(paragraph 7b) 23.74 27.59
Special Costs
(paragraph 7c) 22.07 per hour 25.15 per hour
Special Costs
(paragraph 70 6.69 per hour 9,77 per hour
Please attach a copy of this letter to your original agreement for
reference.
Please call me at 834-3652 if you have any questions. v v C20 m
rn
s rn
Sincerely, , ,
> e -jt
W, J. Morison
Administrative Services Officer
WJM:mn
Attachment
C . iffy
X <_ h'j 7�It���
CENTRA OFFICE ORTH OFFICE WEST OFFICE SOUTH OFFICE HARBOR OFFICE JUVENILE OFFICE
700 CIVIC CENTER DR. W. 1275 N. BERKELEY AVE. 6141 13TH STREET 30t43 CROWN VALLEY PKWY. 4601 JAMBOREE BLVD. 301 CITY DRIVE SOUTH
SANTA ANA. CA. 92701 FULLERTON, CA. 92631 WESTMINSTER, CA. 92663 LAGUNA NIGUEL, CA. 92677 NEWPORT BCH.. CA. 92653 ORANGE, CA. 92668
TO:
0 1•
LINTY ®F
Ca E
OFFICE OF AUDITOR -CONTROLLER
June 8, 1977
V. A. HEIM
AUDITOR -CONTROLLER
FINANCE BUILDING
630 NORTH BROADWAY
P. O. BOX 557
SANTA ANA, CALIFORNIA 92702
TELEPHONE: 634-2450'
AREA CODE 714
File No. 756/411
W. J. Morison * Administrative Services Officer
District Attorney
SUBJECT: 1977/78 Charge to Cities for Legal Services
Performed by the District Attorney
In accordance with the standard agreement concerning legal
services supplied to various cities, we have completed a
cost analysis to determine rates for the cost of services
provided by the District Attorney's Office, for the prosecu-
tion of Municipal Code +lations.
The computed rates include salaries, retirement contribu-
tions, workers' compensation insurance, medical insurance,
services and supplies, dpartmental and general county
overhead and use allowance. The rates also include provision
for anticipated cost increases in 77-78. The following
rates as determined werelreviewed with you on June 2:
Hourly Billing Rates
Attorney III
" '25.15
Senior Legal Clerk
9.77
Cost Per Referral
Attorney III 1.0hr.
25.15
Senior Legal Clerk .25hr.
2.44
Total
27:59/
The estimated average referral time was provided by the
District Attorney's Office.
Thank you for your coope ation and assistance with this
study. If you need.any additional information, please
contact Mike Shumsky at 34-6243.
/Lloyd A. Jacobson
Supervisor, Cost Section
MS:jm
0
R.E.THOMAS
COUNTY ADMINISTRATIVE OFFICER
o BOUNTY OF
o "?
COUNTY ADMIN ISTRA TION BUILDING
Q 515 NORTH SYCAMORE STREET
0 ® RAN G E SANTA ANA, CALIFORNIA 92701
TELEPHONE. 034-2345
AREA CODE 714
COUNTY ADMINISTRATIVE OFFICE
July 29, 1974
1
Mr. James Okazaki
888 N. Main, Suite 900
Santa Ana, CA
Dear Mr. Okazaki:
Enclosed is a copy of the AgreIOment between the County and
San Juan Capistrano for prosec tion services. The Agreement
was signed by the Board of Sup rvisors on July 23, 1974.
Sincerely,
j
Daniel T. Miller
County Administrative Office
ni
•
MINUTES OF THE, BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
July 23, 1974
IN RF.: AUTHORIZE REIMBURSEMENT 1 SUBORDINATION OF DEED OF' TRUST TO
EASEMENT DEED CANADA ROAD INTERCHANGE GREAT WESTERN
SAVINGS AND LOAN ASSOCIATION
on motion of Supervisor Diedrich, duly seconded and unanimously
carried by Board members present, the County Auditor -Controller is auth-
orized to issue his warrant in the',amount of $50.00 to Great Western Savi
and Loan Association for costs in processing subordination of deed of
trust to easement deed for the Canda Road Interchange, as recommended
by the Road Commissioner and County Surveyor in his letter dated July
16, 1974. Right of Way Parcel No.,69295•
IN RE: REPORT 1974 BOND FUND (PRIORITY PLAN OF EXPENDITURE
On motion of Supervisor D�edrich, duly seconded and unanimously
carried by Board members present, the report from the Harbors, Beaches
and Parks Commission regarding the11974 Rind Fund Priority Plan of
Expenditure is received and ordered filed.
IN RE: COMPREHENSIVE REPORT FAMILY AND CHILDREN'S SERVICES
ADVISORY COMMITTEE OF THEIORANGE COUNTY WELFARE DEPARTMENT
On motion of Supervisor Bdker, duly seconded and unanimously
carried by Board members present, (the Comprehensive Report to the Citizens
----- ' --- n.4.,i enrw Committee
wa 5 g in
S
NIS
fi Ju'iy 9, 1974
7x
Mr. Daniel T. Miller
Administrative Office
County of Orange
515 North Sycamore.Street
Santa Ana, California 92701
Dear Mr. Miller;
Enclosed are the twocopies of the proposed agreement
between the County and the Ciy of San Juan Capistrano for Prosecution
Services which have been dulyexecuted by Mayor Byrnes. Please return
one fully executed copy of the agreementafter processing by the
Board of Supervisors. Thank you for your cooperation.
Very truly yours,
MARY ANN HANOVER
f,y City Clerk
mh
Enclosures
i xR
_N
�n
�T
1
June 24, 1974
r of
N G E
COUNTY ADMINISTRATIVE OFFICE
Mr. James Okazaki
888 North Main, Suite 900
Santa Ana, CA
Dear Mr. Okazaki:
L,
R. E. THOMAS
COUNTY ADMINISTRATIVE OFFICER
COUNTY ADMINISTRATION BUILDING
515 NORTH SYCAMORE STREET
SANTA ANA. CALIFORNIA 92701
TELEPHONE. 834-2345
AREA CODE 714
I am sending you two copies of the proposed agreement between the County and
the City of San Juan Capistrano forjlProsecution Services. All of the
agreements we have with cities for rosecution services are in this format.
The changes shown in the proposed a reement are those that will be effective
July 1, 1974. If you have any ques ions, feel free to contact me at 834-4755.
Upon approval, please have both copies signed by the mayor and resubmit them
to me for processing through the Board of Supervisors.
mw
Attachment
'ncerely,
Daniel T. Miller
County Administrative Office
AD X919 JUN 2.�
J1c,
SAN
ROY L. BYRNES, MAYOR -
JAMES K. WEATHERS. MAYOR PRO -TEM
YVON O. HECKSCHER. COUNCILMAN
DOUGLAS B. NASH, COUNCILMAN
JOHN B SWEENCY, COUNCILMAN
f
c a CiO PA",E.> ,\Oi LANTo�
i\T�'P`APISTLt q NCI.: AL1I YJRQII? 9'_675
a 'l dr4V �f ?,Sy9 I KI J ,
Y,A e
n
July 9, 1974
Mr, Daniel T. Miller
Administrative Office
County of Orange
515 North Sycamore Street
Santa Ana, California 92701
Dear Mr. Miller:
PC
DONALD G WEIDNIR
111Y 1,PN11R
MARY ANN HANOVCF
CITY CLERK
Enclosed are the two copies of the proposed agreement
between the County and the City of San Juan Capistrano for Prosecution
Services which have been duly executed by Mayor Byrnes. Please return
one fully executed copy of the agreement after processing by the
Board of Supervisors. Thank you for your cooperation.
Very truly yours.,
MARY N HANOVER
City Clerk
mh
Enclosures
FOC PRXIECUTION 5Z'VICcS
G TMS •'•.GRE' i ;;: , ^ade and entered into by between the COUNTY OP
P ,, ;
4 � p,� , GF_ a body politic and corporate, hereina£ designated as "COL::TY"
5 and the City of Nm Dort Beach a municipal corporation,
6 located in the County of Orange, hereinaft t de '.,n ted a "CITY".
71 iTITi`iL•'OSrT'
g In consideraticn of the terms o ants, cond tions and promises
9 to be kept, performed *d observed y the parti hereto, it is agreed
10� as follows:
11 1. COUNTY, through its Di ict Attor ey and deputies, officers
12and employees of his �epartme shall r der to,CITY such services as
13 may be required.to prosecute v lation f CITY's ordinances in the
14 municipal courts. -
1S1 2. For the purpo e £ perfor, ng said functions, COMM shall
'e
r
16: provide all manpower a pervis on ngcessa y to maintain the service
e
17toto be rendered' hereunde
/.8.1 3. The :Final - Iho?r ter or rendi Yin n£, _- __u cranri�rA_ of
19a performance,!and other matt -s in •denttto th perf rmance of such
20 service and Ithe tr�1 o COUNT rsZel hal remain in COUNTY.
21 4. CITY shal not e called upon o assu e any liability for the
22 direct payment of nyfi alaries, wa s of r compensation to any
23 COUNTY personnel er arming services re nder or any liability other
24 than that provided for by this Agre en Except as herein otherwise
25 specified, CITY all not be liable r compensation or indemnity to
26 any COUNTY employee for any injury or sickness arising out of his employ
27 ment. - -
.28 $. COUNTY, its officers, agents and employees shall not be deemed
29 to have assumed any liability for the negligence of CITY or any of its
• 30 officers or employees; and CITY shall hold CCL^1IY, its officers and
31 employees harmless £rmm any and all claims for damages resulting,there-
32 frcm.
C:cro i � Neu /1!� ��� � �'7 �,� S�ct.T✓`
2
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31
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at
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•. Both CI'r'i and COJGTY shallod each other harmless from
liability for acts or omissions of the other.
7a. Referrals for comnlnin`s. CITY may refer suspected violatio-
of•its criminal ordinances to the District Attorney for a determination
as to whether a. criminal complaint should be filed. CITY agrees to pay
COUNTY the sum of 7%4enty-Two Dollars and Seven Cents ($22=07) for each
referral without regard to the issuance of a complaint. As used herein,
a "referral" means an occurrence constituting an alleged violation of or
or more CITY ordinances by one person. CITY will provide investigation.
reports, copies of,its ordinances, and additional evidence as requested
by the District Attorney. In cases where prosecution is authorized by
i
the District Attornley, he will draft and prepare the complaint. When
"not guilty" pleas 'tare entered on such complaints, the District
Attorney will prosecute such cases through trial without further charge
�L.01
except as rovid i\ Paragraph 7c erTi ein. 'N 7 ) /a
7b. Additional Prosecution. Trials of violations of CITY
criminal ordinance will be prosecuted by the District Attorney on
citations for parking and animal control violations and complaints
issued in accordance with Paragraph 7a herein. Trials on complaints an,
citations issued otlhen-7ise will not be tried by the District Attorney
without the consent) of his deputy -in -charge of the branch office servild
the judicial distr_6t in which CITY is located. The District Attorney
has the right to de�termine that special ordinances of exclusively local
concern should be prosecuted by the City Attorney. CITY agrees to pay
COUNTY i:aent Two Dpllars and Seven Cents z37-�'
y- ($1`t -) for each such
prosecution except s? L
p n provided in Paragraph 7c herein.% As used herein.,,
"prosecution" meansithe District Attorney's appearance in court '--f ter j
witnesses are subpoenaed on the first setting of one defendant's trial.i
Where the CITY asks'the District Attorney to request dismissal before 1
subpoenas have been issued, no charge will be made. As prosecutor, the
District Attorney hos the right to control the disposition of all
2.
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4
5
6
7
a
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it
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e> u
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eocrplaints, trials, and appeals bcrein described in accordance with Lb.,
duties of his office. CITY will provide investigation, reports,
citations, copies of its ordinances, and additional evidence necessary
for trial as requested by the District Attorney. This includes, but is
not limited to, Department of Motor Vehicles' registration information
and official documentation of ownership and licensing of vehicles cite-
under CITY's parking�;dinances.
7c. Special costs. CITY may request the District Attorney to
1
file, answer, and.Litigaee appeals from convictions from CITY's
ordinances. CITY agrees to.pay to COUNTY for such services on appeals
YY 7
the sum of Twenty Dollars and. Fifty Cents ($20:50) per hour of attorney
time and Six Dollars and Twenty -Six Cents (41A per hour of clerk
typist's or stenographer's time. In addition to charges described in
Paragraphs 7a and 7b herein, CITY agrees to pay COUNTY for all time,
including preparation, spent in prosecutions in excess of one day, at
the rate specified in this paragraph.
7d. -The above -'rates shall be reviewed annually by the COUNTY
Auditor -Controller, and it ie it is determil"ed that a charge in the
rate is necessary to reflect change in costs to COUNTY, COUNTY shall
notify CITY of such change prior to June 30, and the change shall beco=
effective the following July 1.
8.. Within ten (10) days following the end of each calendar quarte
COUNTY shall render to CITY a statement of the cost of services perfor=
under this contract, and CITY shall pay COUNTY therefor within twenty
(20) days after receipt of such statement. Such statement shall consis
of the number of 'Referrals for complaints, Additional prosecutions,
and itemized Special costs. If such payment is not received by the
COUNTY within thirty (30) days after rendition of'billing, the COUNTY
may.satisfy such indebtedness from any funds of the CITY on deposit wit
the COUNTY without giving further notice to CITY of COUNTY's intention
to do so.
3.
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a .e
9. This Agree-ment shall continue in full force and effect for ;1
term of rive (5) years, commencing July 10 19_7_3
provided that either party may terminate upon thirty (30) days' writcl
notice.
iN WITcTESS 1;j1F7E0r, COUNTY has caused this Agreement to be
executed by the Chairman of its Board of Supervisors and attested by
the Clerk of said Board, and CITY has caused this Agreement to be
executed by its Mayor and attested by the City Clerk on the dates set
opposite their. respective signatures. - -
DATED:cl/%� Y /%� , 19 COUNTY OF ORANGE' a body politic'
and corporate
ATTEST: By.
WILLIAM E. 1ST JOii:I
County Clerk and fix -officio Clerk Z�irman or its -board oz Super -
of said Board of'Supervisors visors
THIS IS A FACSI`•ILE OF THE
ORIGINAL SIGNATURE FILED IN
By THE OFFICE OF THE CLERK.
x Dep(uu y , -
DATED: -%C.':{ .fir: , 19�"% ?/TY
a klunicxpa.L Corporation
ATTEST:-
� L '-;•-ter+--•�
�- Mayor Pro TemBy
�.
ityCl
rk
�`4�' C.P