HomeMy WebLinkAboutAgreement A-17-132 with United States Marshals - Current IGA.pdfAMEND'MENT NO. 1
TO
Agreement No. 17-132
DETENTION SERVICES INTERGOVERNMENTAL AGREEMENT NO . 97 -02-0015
This Amendment No. 1 to Detention Services Intergovernmental Agreement No. 97-02-
0015 ("Amendment No. 1 "),dated as of April25 , 2017, is by and between the United
States Marshals Service ("Federal Govenunent") and the County of Fresno ("Local
Government") and amends, in part, Detention Services Intergovernmental Agreement No .
97-02-0015, dated as of June 16, 2010 (the "Agreement"), between the parties hereto.
Capitalized terms not defmed herein shall have the meaning set forth in the Agreement.
1. Tills Amendment No . 1 is being entered into in order to facilitate the fmancing 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 "Ground Lease") 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 respect to the Bonds and BSCC will then sublease
the West Annex back to the Local Government (together with the Ground Lease and
the State Leases, the "Financing Leases").
3. The Federal Government agrees that notwithstanding any provision in the
Agreement to the contrary, the Agreement does not confer upon the Federal
Government any right, title 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 tenninate 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.
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7 . This Amendment No. 1 may be executed in one or more counterparts.
UNITED STATES MARSHALS SERVICE
By: ________________________ __
Title: ---------------------------
Date : ______________ _
COUNTY OF FRESNO
By:. ___ vL __ Ij_ ____ __
Title: Chairman , Board of Supervisors
Date: April 25, 2017
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ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By Qu AS.L\Ao f\l-sb04>
Deputy
1 Amendment No. 1 to Current Agreement with United States Marshals Service
2 Agreement No 97-02-0015
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4 REVIEWED & RECOMMENDED
FOR APPROVAL
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MARGARET MIMS , S h eriff-Coroner
APPROVED AS TO LEGAL FORM :
GJbQC,~ By ~y-
Daniel C . Cederborg , County Coun s61
APPROVED AS TO ACCOUNTING FORM :
17 Oscar J. Garcia , CPA
Auditor-Controller/Treasurer-Tax Collect or
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20 By Oft~~
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22 Fund
Subclass
2 3 ORG
Account
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2 7
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0001
10000
31114000
5031
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COUNTY OF FRESNO
Brian Pacheco , Chairm an ,
Board of Supervisors
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By ~~~~
Depu ty