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Home My WebLink About2000-029 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-29 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ELIMINATING THE FEBRUARY 11,2000 CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE. WHEREAS, the State Legislators adopted Senate Bill 2557 in 1991 enabling counties to charge cities for the cost of booking prisoners; and WHEREAS, cities have been charged for booking fees by the County since 1991; and WHEREAS, booking fees have been the subject of extensive litigation; and WHEREAS, the City of San Bernardino entered into a booking fee settlement agreement with the County in City of Adelanto v County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the settlement agreement calls for an annual fee increase based on a Consumer Price Index to be implemented on February II th of each year through the year 2000, and beginning February 11,2001 requires the fee to be adjusted to the actual cost incurred by the County; and WHEREAS, the February 11,2000 fee adjustment would represent an additional cost approximating $13,110 to the City of San Bernardino based upon the $570,000 amount budgeted for the cost of booking fees during Fiscal Year 1999-00. THEREFORE, BE IT RESOLVED that the Mayor and Common Council of the City of San Bernardino authorize execution of the Supplemental Settlement Agreement with the County of San Bernardino eliminating the February II, 2000 Criminal Justice Administrative Fee increase. III III III III III III III III 2000-29 1 2 3 4 5 6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ELIMINATING THE FEBRUARY 11,2000 CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7 22nd day of February , 2000, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MC GINNIS x SCHNETZ x - SUAREZ ~ ANDERSON x MILLER x C~ h e&Jc 20 21 22 23 24 25 Approved as to Form and legal content: 26 JAMES F. PENMAN, ~: YAtto~_~ The foregoing ordinance is hereby approved this ';?3 d day of February, 2000. >c-t-t~ Ju ith Valles, Mayor C' y of San Bernardino '''-..., j ALAN K. MARKS County Counsel Dawn Stafford CharlesJ. Larkin PaulS!. John Susan Lindsay Nash l. Thomas Krahelski Charles S_ Scolaslico W. Andrew Hartzell SandraD. Baxter Neil H. Slem Jean-Rene Basle Alanl. Green Michelle D. Blakemore RobertL. Jocks Patricia Campbell Kevinl. Norris DennisS. Tilton Andrew l. Kjeldgaard RONALD D. REITZ Assistant County Counsel rnardino CHIEF DEPUTIES Ruth E. Stringer Daniel B. Haueter Michael A. Sachs Rex A. Hinesley '00 FEB 30 AlO:()6 COUNTY COUNSEL 385 NORTH ARROWHEAD AVENUE SAN BERNARDINO. CA 92415-0140 TELEPHONE (909)387-5455 FAX. (909)387-5462 February 29, 2000 Melanie Miller, Senior Secretary City of San Bernardino P. O. Box 1318 San Bernardino, CA 92402 RE: Supplemental Settlement Agreement Eliminating February 11, 2000, Criminal Justice Administrative Fee Increase Dear Ms Miller: Thank you for timely submitting a signed supplemental settlement agreement on behalf of the City of San Bernardino. Enclosed is a fully executed, original supplemental settlement agreement between the County of San Bernardino and the City of San Bernardino, for your records. Sincerely yours, ALAN K. MARKS County Counsel ~ DENNIS TILTON Deputy County Counsel DST:smc #139326.2 DEPUTIES Michael A. Markel DennisE.Wagner Paula 8. Tobler Regina A. Coleman Carol A. Greene MelissaA. Ladenson' Mary Jo Carlos Matthew J. Marnell Patricia D. Pringle FionaG. Luke Paymon Bidari Daniela C. Fernandez JeffreyS. Moret Robin C. Cochran Phebe W. Chu Sarah M. Toohey Simon Umscheid r. 2000-29 SUPPLEMENTAL SETTLEMENT AGREEMENT ELIMINATING FEBRUARY 11,2000 CRIMINAL JUSTICE ADMINISTRATIVE FEE INCREASE This Supplemental Settlement Agreement (hereinafter referred to as "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself, its employees, servants, representatives, officers, officials, agents and departments (hereinafter referred to as "COUNTY") and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred to herein as the "Parties". CITY and COUNTY have previously entered into a Settlement Agreement concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550) that was incorporated as part of the judgment entered by the Sacramento County Superior Court in Citv of Adelanto. et al. v. Countv of San Bernardino, Judicial Council Coordination Proceeding No. 2584. On January 25, 2000, the Board of Supervisors for the County of San Bernardin passed and adopted a resolution to waive and eliminate the criminal justice administrative fee Consumer Price Index increase scheduled to otherwise automatically take effect on February 11, 2000, for the City of Needles and all cities and towns which have previously entered into a booking fee settlement agreement with the County that was incorporated as part of the judgment in the above-referenced case, and which also enter into a supplemental settlement agreement with the County, in which they each agree to allocate to local law enforcement programs the entire amount of their savings derived from the fee reduction, and to use this sum exclusively for law enforcement purposes within the County of San Bernardino. CITY now represents that it shall allocate to local law enforcement programs the entire amount of its savings derived from the above-described fee reduction, and shall CST 153392 1 . .. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-29 use this sum exclusively for law enforcement purposes within the County of San Bernardino. Therefore, COUNTY and CITY agree to the following terms and conditions: 1. COUNTY, in consideration of the performance of all terms of this Agreement by CITY, agrees to waive in full the 2000 Consumer Price Index increase referred to in section 3.c. of the Settlement Agreement between the Parties concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550) that was incorporated as part of the judgment entered by the Sacramento County Superior Court in City of Adelanto. et al. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, that would otherwise automatically take effect on February 11, 2000, provided that CITY executes this Agreement prior to March 1, 2000. 2. In the event that CITY executes this Agreement on or after March 1, 2000, COUNTY, in consideration of the performance of all terms of this Agreement by CITY, agrees to waive the 2000 Consumer Price Index increase referred to in section 3.c. of the Settlement Agreement between the Parties concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550) that was incorporated as part of the judgment entered by the Sacramento County Superior Court in City of Adelanto. et al. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, that would otherwise automatically take effect on February 11, 2000, with such waiver beginning and effective in the month that CITY signs this Agreement. 3. CITY, in consideration of COUNTY agreeing to waive the 2000 Consumer Price Index increase referred to in section 3.c. of the Settlement Agreement between the Parties concerning payment of booking and processing fees (criminal justice administrative fees pursuant to California Government Code section 29550) that was incorporated as part of the judgment entered by the Sacramento County Superior Court DST 153392 2 . . 2000-29 1 in City of Adelanto. et al. v. Countv of San Bernardino, Judicial Council Coordination 2 Proceeding No. 2584, that would otherwise automatically take effect on February 11, 3 2000, agrees to allocate to local law enforcement programs the entire amount of its 4 savings derived from the above-described fee reduction, and to use this sum 5 exclusively for law enforcement purposes within the County of San Bernardino. 6 4. The Parties agree that this Agreement shall be deemed breached and a 7 cause of action accrued thereon immediately upon the commencement by either party 8 of any action or proceeding contrary to the terms of this Agreement. 9 5. The Parties fully understand and declare that, if the facts under which this 10 Agreement is executed are found hereafter to be different from the facts now believed 11 by them to be true, they assume the risk of such possible differences in facts and 12 hereby agree that this Agreement shall be, and will remain, effective, notwithstanding 13 such differences in facts. 14 6. The Parties further agree that this Agreement shall be binding upon the 15 Parties, their employees, agents, heirs, representatives, successors, assigns, officers, 16 officials, agents, and departments, and that the benefits contained in this Agreement 17 shall inure to the benefit of the Parties hereto, their employees, agents, heirs, 18 representatives, successors, assigns, officers, officials, agents, and departments. 19 7. The Parties hereto certify they have not received any representations, 20 promises, or inducements from any of the Parties hereto or from their representatives 21 other than those expressed in this Agreement. The Parties further certify that they are 22 entering into this Agreement in reliance upon their knowledge and understanding of the 23 facts, the legal implications thereof, and the liability therefore as per the advice and 24 legal counsel of their attorneys. The Parties understand and agree that this Agreement 25 is intended only to supplement the Settlement Agreement reached by the Parties with 26 respect to all matters contained therein, and entered as part of the judgment, by the 27 Hon. James 1. Ford in Citv of Adelanto. et al. v. Countv of San Bernardino, Judicial 28 DST 153392 3 ". . 2000-29 1 Council Coordination Proceeding No. 2584. The Parties hereby affirm their 2 understanding of the terms of that Settlement Agreement as well as this Agreement, 3 and understand and agree that they are still bound by all terms of the Settlement 4 Agreement and the judgment in City of Adelanto. et al. v. County of San Bernardino, 5 Judicial Council Coordination Proceeding No. 2584, that are not expressly modified by 6 this Agreement. The Parties agree that this Agreement is a binding contract and not 7 merely a recital. The Parties further understand and agree that this Agreement may not 8 be altered, amended, modified, or otherwise changed in any respect or particular 9 whatsoever, except in writing duly executed by both Parties or their authorized 10 representatives. 11 8. COUNTY has counseled with and has been advised by Dennis Tilton, 12 Deputy County Counsel, who is an admitted member of the California State Bar, with 13 regard to this Agreement and the existing dispute, and executes this Agreement, 14 representing to CITY that there has been an opportunity for full discussion and advice 15 of counsel and that the legal effects of this Agreement have been explained to 16 COUNTY by its counsel. CITY represents to COUNTY that there has been an 17 opportunity for full discussion and advice of counsel and that the legal effects of this 18 Agreement have been explained to CITY by its counsel. 19 II/II 20 21 22 23 24 25 26 27 28 DST 153392 4 . , t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000-29 IN WITNESS WHEREOF, the parties sign this agreement on the respective dates indicated below. Approved as to form: o;;;x 'AS' Dated: ~ ,2000 ALAN K. MARKS C~NSE~~L By: ~"< 1J:01.~ DENNIS TILTON Deputy County Counsel Attorneys for COUNTY OF SAN BERNARDINO Approved as to form: Dated: i~ 10 ,2000 ,leu J SF. PENMAN, Cit Attorney orneys for CITY OF SAN BERNARDINO Dated:Je"~ ~ , 2000 COUNTY OF SAN BERNARDINO By: Dated: OJ<.. ~.3 , 2000 . CITY SAN BERNARDINO By: cu' .-t.L-<.--- S DST 153392 5