HomeMy WebLinkAbout2005-066
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RESOLUTION NO. 2005-66
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF SETTLEMENT
AGREEMENT AND FULL RELEASE OF ALL CLAIMS BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RELATING TO
DISPUTED 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 Settlement Agreement and Full Release of All Claims with the County of San
Bernardino relating to disputed Criminal Justice Administrative Fees.
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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2005-66
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF SETTLEMENT
AGREEMENT AND FULL RELEASE OF ALL CLAIMS BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO RELATING TO
DISPUTED 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 a joint regulameeting thereof, held
on the 21st day of March
Council Members: AYES
ESTRADA X
LONGVILLE X
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MCGINNIS ~
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
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, 2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
~h~,~
Rac el G. Clark, City Clerk
The foregoing resolution is hereby approved this -A 3M day of
March
2005.
24 Approved as to
Form and legal content:
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JAMES F. PENMAN,
City Attorney
Byjf--. 1-.(?~
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5 This Settlement Agreement and Full Release of Claims (hereinafter referred to as
6 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself, its
7 employees, servants, representatives, officers, officials, agents and departments (hereinafter referred
8 to as "COUNTY") and the CITY OF SAN BERNARDINO. COUNTY and CITY are collectively
9 referred to herein as the "Parties".
SETTLEMENT AGREEMENT
AND
FULL RELEASE OF ALL CLAIMS
lOA dispute has arisen between COUNTY and CITY relating to COUNTY's claims concerning
11 the sums of money owed by CITY to COUNTY for booking and other processing fees and interest
12 owed by CITY pursuant to Government Code ~29550. CITY and COUNTY have reached
13 agreement over disputed booking fees for the period ending January 31, 2004. The unpaid charges
14 total Three Hundred Ninety Seven Thousand Twenty Six Dollars ($397,026.00) including interest.
15 CITY and COUNTY sampled the billings between June 2001 and April 2003 and agreed the billings
16 should be reduced by Two Hundred Eighteen Thousand One Hundred Sixty Six Dollars
17 ($218,166.00), or fifty four point ninety five percent (54.95%), leaving a balance due of One
18 Hundred Seventy Eight Thousand Eight Hundred Sixty Dollars ($178,860.00).
19 In order to settle a dispute, and in exchange for the consideration described herein, COUNTY
20 and CITY have agreed to settle their differences upon the following terms and conditions:
21 1. COUNTY, in consideration of the performance of the Agreement by CITY, agrees
22 to adjust the amount of Three Hundred Ninety Seven Thousand Six Hundred Twenty Six Dollars
23 ($397,626.00) claimed to be owed to it by CITY for booking and other processing fees and interest
24 for the period through and including January 31, 2004, by a reduction of Two Hundred Eighteen
25 Thousand One Hundred Sixty Six Dollars ($218,166.00), and shall execute this Agreement.
26 2. Further, for the bookings for the period from February 1, 2004 through December 31,
27 2004, COUNTY has invoiced the CITY interest amounts that were computed using incorrect interest
28 rates and that were based on the unpaid charges prior to any adjustment pursuant to this settlement
RLS/js [Police\BookingFeesSettlementAgreement] 1
1 agreement. Therefore, COUNTY agrees to adjust the amount owed to it by CITY by a reduction of
2 Five Thousand Four Hundred Sixty Four Dollars ( $5,464.00).
3 3. CITY, in consideration of COUNTY's adjustment of the amount of booking and other
4 processing fees and interest claimed by it to be owed to COUNTY for the period through and
5 including January 31,2004, and the adjustment from Section 2 above, agrees to immediately pay to
6 COUNTY the adjusted sum of One Hundred Seventy Three Thousand Three Hundred Ninety Six
7 Dollars ($173,396.00) as full payment for all booking fees and interest owed COUNTY.
8 4. Both COUNTY and CITY hereby fully and permanently release and forever discharge
9 each other from any and all claims, demands, causes of action, rights, damages, costs, and liabilities
10 of any nature whatsoever, whether now known or unknown, latent or patent, arising now or in the
11 future, suspected or claimed, whether anticipatory or real, which either public entity ever had, now
12 has, or claims to have had against the other arising out of or related in any way to the subject matter
13 of the dispute in issue, namely booking and other processing fees and interest due and payable to
14 COUNTY by CITY for the period ending January 31, 2004.
15 5. The Parties understand that any liability for any acts or omissions of either of the
16 Parties to this Agreement with respect to the existing controversy is disputed and that this Agreement
17 relates to a compromise and settlement of the various claims between the parties. This Agreement
18 shall not be construed as an admission of liability by either party, nor shall it be admissible at the
19 instance of either party to the Agreement or any third parties to show the liability of or any admission
20 by either party to this Agreement. The Parties agree that each will bear its own attorney's fees and
21 costs.
22 6. The Parties agree that this Agreement shall be deemed breached and a cause of action
23 accrued thereon immediately upon the commencement by either party of any action or proceeding
24 contrary to the terms of this Agreement.
25 7. The Parties fully understand and declare that, if the facts under which this Agreement
26 is executed are found hereafter to be different from the facts now believed by them to be true, they
27 assume the risk of such possible differences in facts and agree that this Agreement shall be, and will
28 remain, effective, notwithstanding such differences in fact.
RLS/js [Police\BookingFeesSettIementAgreement]
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Both COUNTY and CITY fully understand and expressly waive their individual
8.
2 rights or benefits under section 1542 of the California Civil Code, which provides:
A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor.
The Parties further agree that this Agreement shall be binding upon the Parties, their
agents, heirs, representative, successors, assigns, officers, officials, agents, and
departments. Furthermore, the benefits contained in this Agreement shall inure to the benefit of the
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Parties hereto, their employees, agents, heirs, representatives, successors, assigns, officers, agents,
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and departments.
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10. The Parties hereto certify they have not received any representations, promises, or
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inducements from any of the Parties hereto or from their representatives other than those expressed
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in this Agreement. The Parties further certify that they are entering into their Agreement in reliance
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upon their knowledge and understanding of the facts, the legal implications thereof, and the liability
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therefore as per the advice and legal counsel of their attorneys. The Parties understand and agree that
this Agreement is intended to be and is the complete and entire agreement of the Parties with respect
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to all matters contained herein, and the Parties hereby affirm their understanding of the terms of this
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Agreement. The Parties agree that this Agreement is a binding contract and not merely a recital. The
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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
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Parties or their authorized representatives.
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11. COUNTY has counseled with and has been advised by Dennis Tilton, Deputy
County Counsel, who is an admitted member of the California State Bar, with regard to this
Agreement and the existing dispute, and executes this Agreement, representing to CITY that there
has been an opportunity for full discussion and advice of counsel and that the legal effects of this
Agreement have been explained to COUNTY by its counsel. CITY has counseled with and has been
advised by Robert L. Simmons, Senior Assistant City Attorney, who is an admitted member of the
California State Bar, with regard to this Agreement and the existing dispute, and executes this
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RLS/js [Police\BookingFeesSettlementAgreement]
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1 Agreement, representing to COUNTY that there has been an opportunity for full discussion and
2 advice of counsel and that the legal effects of this Agreement have been explained to CITY by its
3 counsel.
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IN WITNESS WHEREOF, the parties sign this agreement on the respective dates
5 indicated below.
6 Approved as to form:
7 Dated: ~ I ,2005
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Approved as to form:
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Dated: m....y d... I 0 ,2005
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18 Dated: M.=:llTCh. 1 ,2005
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22 Dated:/l!~ .2.3
,2005
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RONALD D. REITZ
COU;;::::f ~ )
By: DENNIS TILTON
Deputy County Counsel
Attorneys for COUNTY OF SAN BERNARDINO
JAMES F. PENMAN
CIT~RNEY
~4-
By: ROBERT L. SIMMONS
Senior Assistant City Attorney
Attorneys for CITY OF SAN BERNARDINO
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INO
CITY OF SAN BERNARDINO
THIS IS A FULL RELEASE OF ALL CLAIMS
WE ARE SIGNING PERTAINING TO THE
DISPUTE DESCRIBED HEREIN.
RLS/ac[BookingFeesSettlementAgreement]
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