HomeMy WebLinkAbout2001-109
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RESOLUTION NO. 2001-109
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF SUPPLEMENTAL
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE
ADMINISTRATIVE FEES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized to
execute a Supplemental Settlement Agreement with the County of San Bernardino which
freezes the booking fee at $159.72 for each qualifying booking.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of City
Clerk within one hundred twenty (120) days following effective date of the resolution.
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2001-109
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A SUPPLEMENTAL
SETTLEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO RELATING TO CRIMINAL JUSTICE
ADMINISTRATIVE FEES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj oint regular meeting thereof, held
on the 21st day of May
Council Members: AYES
ESTRADA X
LIEN x
MCGINNIS x
SCHNETZ X
-
SUAREZ X
ANDERSON X
-
MCCAMMACK ~
,2001, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this 25 th day of May
2001.
Approved as to
Form and legal content:
Ju' Valles, Mayor
ty of San Bernardino
JAMES F, PENMAN,
City Attorney
BY:~ J. p~
o
2001-109
1 SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING
2 TO CRIMINAL JUSTICE ADMINISTRATIVE FEES
3 This Supplemental Settlement Agreement (hereinafter referred to as
4 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself,
5 its employees, servants, representatives, officers, officials, agents and departments
6 (hereinafter referred to as "COUNTY") and the CITY OF SAN BERNARDINO
7 (hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred to herein
8 as the "Parties".
9 CITY and COUNTY have previously entered into "the Settlement Agreement"
10 concerning payment of booking and processing fees (criminal justice administrative fees
11 pursuant to California Government Code section 29550) that was incorporated as part
12 of the judgment entered by the Sacramento County Superior Court in City of Adelanto.
13 et aI., v, County of San Bernardino, Judicial Council Coordination Proceeding No. 2584,
14 References to "Settlement Agreement" in this Agreement shall mean the agreement
15 identified in the preceding sentence, This Settlement Agreement provided for the
16 COUNTY to charge actual costs for criminal justice administrative fees after February
17 10,2001.
18 The Parties desire to change the rate provision and other provisions of the
19 Settlement Agreement for fees imposed after February 10, 2001.
20 Therefore, COUNTY and CITY agree to the following terms and conditions:
21 1. Notwithstanding Section 3,d. of the Settlement Agreement and the provisions
22 of any other Supplemental Settlement Agreement entered into between the Parties, the
23 Parties agree that the CITY shall pay a criminal justice administrative fee at the flat rate
24 of $159,72 for each booking and other processing, as referred to in California
25 Government Code Section 29550 and as defined in "the Order" identified in the
26 Settlement Agreement, performed by the COUNTY in connection with arrests made
27 within the jurisdictional boundaries of the CITY after February 10, 2001, This rate shall
28 remain in effect unless changed as hereinafter provided in this Agreement.
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2001-109
1 2, In the event that the COUNTY's actual costs incurred for booking and other
2 processing, as referred to in California Government Code Section 29550 and as defined
3 in "the Order" identified in the Settlement Agreement, increase by twenty-five percent
4 (25%) or more over the COUNTY's actual costs as of February 10, 2001, or in the event
5 that the State of California's reimbursement for booking fee costs incurred by the cities
6 within the County of San Bernardino is reduced by twenty-five percent (25%) or more,
7 written notice of the former event shall be given by the COUNTY to the CITY, and
8 written notice of the latter event shall be given by the CITY to the COUNTY, and the
9 Parties thereafter shall reopen negotiations concerning the rate to be charged by the
10 COUNTY for such booking and other processing. If negotiations do not result in an
11 agreement within 180 days of the date of said written notice, the provisions of Section
12 3,d, of the Settlement Agreement shall thereafter be reinstated in full such that the rate
13 charged by the COUNTY for performing the activities properly includable in booking and
14 other processing, as referred to in California Government Code Section 29550 and as
15 defined in "the Order" identified in the Settlement Agreement, performed by the
16 COUNTY in connection with arrests made within the jurisdictional boundaries of the
17 CITY shall be the amount of the actual costs incurred by the COUNTY or such lower
18 rate as the COUNTY's Board of Supervisors imposes pursuant to its authority to set
19 COUNTY fees. The COUNTY shall provide the CITY with adequate documentation
20 supporting its calculation of the criminal justice administrative fee, Nothing herein shall
21 be treated as a waiver of the ability of the CITY to contest or challenge any such
22 recalculation of the COUNTY's criminal justice administrative fee as being either
23 computationally in error or unsupported by law.
24 3, The following paragraph contained in Section 4 of the Settlement Agreement is
25 hereby deleted by the Parties and declared to be null and void and of no force or effect:
26 ''The parties shall consider the recommendations of the joint
27 committee established in Section 6 herein, and prior to February 11, 2001,
28 shall agree on a procedure to be instituted for a City executing this
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#169626
2001-109
Agreement to contest the proper allocation of billed criminal justice
administrative fees and/or interest for bookings and other processing, as
referred to in California Government Code section 29550 and as defined
in "the Order" occurring after February 10, 2001,"
4, Upon request of the CITY, the COUNTY, through either its Central Collections
Division or a contract firm used by the COUNTY, shall engage in reasonable efforts to
collect on behalf of the CITY all booking fee charges imposed on convicted defendants
by the courts which the CITY is entitled to recover under California Government Code
section 29550,1, All such funds recovered by the COUNTY shall be immediately
remitted to the CITY after deduction therefrom of any collection costs incurred by the
COUNTY. COUNTY collection efforts under this paragraph shall only be required if
COUNTY determines it is practical to do such work through its Central Collections
Division or through a contract.
5, The Parties understand and agree that this Agreement is intended only to
supplement the Settlement Agreement reached by the Parties with respect to all matters
contained therein, and entered as part of the judgment, in Citv of Adelanto, et aI., v,
Countv of San Bernardino, Judicial Council Coordination Proceeding No, 2584. The
Parties hereby affirm their understanding of the terms of that Settlement Agreement and
any Supplemental Settlement Agreements as well as this Agreement, and understand
and agree that they are still bound by all terms of the Settlement Agreement and any
Supplemental Agreements and the judgment in Cit of Adelanto et al. v. Count of San
Bernardino, Judicial Council Coordination Proceeding No. 2584, that are not expressly
modified by this Agreement or any other written Supplemental Agreements between the
Parties. The Parties agree that this Agreement is a binding contract and not merely a
recital. The Parties further understand and agree that this Agreement may not be
altered, amended, modified, or otherwise changed in any respect or particular
whatsoever, except in writing duly executed by both Parties by their authorized
representatives,
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2001-109
1 IN WITNESS WHEREOF, the Parties sign this Agreement on the respective dates
2 indicated below,
3 Approved as to form:
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#169826
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5 Dated:
~1, 2001
Dated: ~ It: .2001
Dated~' 2001
Dated: May 25
.2001
By:
ALAN K. MARKS~
COUNTY,COU~S ' .
~ J,_ 15V
DENNIS TILTON
Deputy County Counsel
Attorneys for COUNTY OF SAN BERNARDINO
By:
COUNTY OF SAN BERNARDINO
By:
~+~
F D AGUIAR
Chairman, Board of Supervisors
By:
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