HomeMy WebLinkAboutAgreement A-17-118 with United States Marshals Service.pdfAJvlENDMENT NO. 1
TO
Agreement No. 17-118
DETENTlOl\ SERVICES 11\iTERGOVERNMENTAL AGREEMENT NO. 97-02-0015
This Amendment No. l to Detention Services Intergovernmental Agreement No. 97-02-
0015 ("Amendment No. 1 "), dated as of April 4th , 2017, is by and between the United
States Marshals Service ("Federal Government") and the County of Fresno ("Local
Government") and amends, in part, Detention Services Intergovernmental Agreement No.
97·02·0015 (the "Agreement") between the parties hereto. Capitalized terms not defmed
herein shall have the meaning set forth in the Agreement.
l. This Amendment No. 1 is being entered into in order to facilitate the financing of
the new facility (referred to herein as the "West Annex,) which will be
accomplished through the issuance of lease revenue bonds (the "Bonds") by the
State Public Works Board of the State of California (the "Board").
2. Prior to the issuance of the Bonds, the Local Government will enter into a ground
lease (the "GroWld Leaseu) with the Board of State and Community Corrections of
the State of California ("BSCC") leasing to BSCC the land upon which the West
Annex will be located. BSCC and the Board will enter into a site lease and a
facility lease (the "State Leases") with re spect to the Bonds and BSCC will then
sublease the West Annex back to the Local Government (together with the Ground
Lea se and the State Leases, the ''Financing Leases").
3. The Federal Government agrees that notwithstanding any prov1s1on in the
Agreement to the contrary, the Agreement does not confer upon the Federal
Government any right, ti t le or interest in the West Annex, but if such right, title or
interest may otherwise exist, the Agreement will be subordinate and subject to the
terms of the Financing Leases .
4. Notwithstanding any provision in the Agreement to the contrary , the Local
Government has the right, without penalty or cause, to terminate the Agreement at
any time upon at least thirty (30), but not later than fifty (50), calendar days
written notice.
5. The Local Government reasonably expects, at the date hereof, that no more than
fifteen (15) beds in the West Annex shall be occupied by federal detainees at any
one time pursuant. to the terms of the Agreement.
6. Except as stated herein, all provisions of the Agreement remain in full force and
effect.
l
7. This Amendment No. 1 may be executed in one or more counterparts.
UNITED STATES MARSHALS SERVICE
By: ________________________ __
Title: ---------------------------
Date:--------------
COUNTY OF FRESNO
By :-----'!EVL=-· ~L--.:....::...__ __ _
Date: 1..j -:1 -I)
2
ATTEST:
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~SJ>.co b~sh P'f'
Deputy
1 Modification No. 1 to Agreement with United States Marshalls Service
2 Agreement No 97-02-0015
3
4 REVIEWED & RECOMMENDED
FOR APPROVAL
5
6
7 MARGARET MIMS, Sheriff-Coroner
8
9
10 APPROVED AS TO LEGAL FORM:
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12
By --------------------
13 Daniel C . Cederberg , County Counsel
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15
16
APPROVED AS TO ACCOUNTING FORM:
17 Oscar J. Garcia, CPA
Auditor -Controllerffreasurer-Tax Collector
18
19
20 By -----------
21
22 Fund
Subclass
23 ORG
Account
24
25
26
27
28
0001
10000
31114000
5031
1
COUNTY OF FRESNO
Brian Pacheco, Chairman,
Board of Supervisors
ATIEST:
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~SO,_ro Q;t;bqp
Deputy