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HomeMy WebLinkAbout09-City Administrator \ ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Resolution 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. MICC Meeting Date: March 21, 2005 Dept: City Administrator's Office Date: March 7, 2005 Synopsis of Previous Council Action: September 1998 - Council authorized lump sum payout of $5,203,262 to the County of San Bernardino in payment of accrued booking fees. Recommended Motion: Adopt Resolution. Contact person: .Ifln Wflg~!l Phone: I\12? Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $173,396 Source: Acct. No: 772-211-2347 (At"d nl'!~t"rirtinn) Rnnkino I=",~ Trll~t 1=1 Inn Finance: Council Notes: ~.dD()S-- , , Agenda Item No. q J/J.J/fJS ._."~~ . '--"-~~-~~"'~~T"'""""'" .... '-~"I~'-' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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. Background: The State legislature authorized counties to charge cities booking fees with the passage of Senate Bill 2557 in 1991. The City of San Bernardino has been charged booking fees by the County of San Bernardino since 1991. For several years, the City contested booking fee charges imposed on the City by the County of San Bernardino to lodge prisoners in County jail facilities. Letters contesting the fees were sent to the County. The City placed budgeted monies for the booking fees in a Reserve Account pending resolution. On September 21, 1998, the City of San Bernardino remitted $5,203,262 to the County as a lump sum payout as authorized by the City Council. This payment consisted of $5,044,979 for accrued billings through March 31, 1998 and $158,283 for the months of April through June 1998. Since that time, the Police Department has been making monthly payment for all new booking fee charges plus accrued interest. Disputed booking fees were deducted and reported back to the County. Staff from the City Administrator's Office, the City Attorney's Office, and the Police Department met with San Bernardino County Sheriff's Department and County Counsel staff on February 19, 2003, to begin the process of negotiating a settlement of the outstanding balance and to work toward agreement on procedures to resolve the issue of disputed booking fees. A working group met to develop recommendations. A draft protocol was prepared by City of San Bernardino Police Department staff. After minor revisions requested by the County, the fmal version of the Booking Fees Protocol was accepted by the County in June 2003. Subsequently, the County conducted a sampling of the disputed invoices (from June 2001 through April 2003) using the new Protocol. As a result, it was determined that 54.95% of all the fees disputed by the City had been billed to the City in error. Therefore, only 45.05% of the outstanding amount is owed to the County. The City and the County have reached agreement concerning disputed booking fees for the period ending January 2004. The unpaid charges total $397,026 including interest. This amount should be reduced by $218,166 (54.95%), leaving a balance due of $178,860 (45.05%). Additionally, it was discovered that for bookings for the period from February 1, 2004 through December 31, 2004, the County had invoiced the City interest amounts that were computed using incorrect interest rates and that were based on the unpaid charges prior to any adjustment pursuant to this settlement agreement. Therefore, the amount owed to the County has been further reduced by an amount of $5,464, leaving a balance owed of $173,396 as full payment for all booking fees and interest owed to the County. "'~,,- - The County Board of Supervisors authorized execution of this Settlement Agreement at their meeting on March 1,2005. Financial Impact: The ongoing cost of booking fees have been budgeted in Account No. 772-211-2347. Payment of $173,396 represents payment in full for all disputed booking fees and interest owed to the County through January 31, 2004. Recommendation: Adopt Resolution. -Tr ,. .----.'-~--- o o o -'- J "; - , ,- -1 . -"--". _.~""_c._.. , , 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 COpy RESOLUTION NO. 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. /II /II /II /II III III /II III /II III III Vlo.c; ~/2.;16~ o o o 25 26 27 28.. n"" 1 2 3 4 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. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Approved as to Form and legal content: , 2005, by the following vote, to wit: on the day of Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk day of The foregoing resolution is hereby approved this 2005. Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney 8'1_ ?- i~~ 0 1 2 3 4 5 6 7 8 o o On _.' '," ---,-, --,.- --"","",-~.,_. ,- ~-,-- - '.- t^' ___, W~_ SETTLEMENT AGREEMENT AND FULL RELEASE OF ALL CLAIMS This Settlement Agreement and Full Release of Claims (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. COUNTY and CITY are collectively 9 referred to herein as the "Parties". 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 COUr-..TTY 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 ~T"'""C""""""7',"-" o o o ''''''-C-'-'':--,''',-''7'''''''''' 'O"!, '._.'" -" .> ~" mTT~.p~ "I" rOhl , "T"T'fT"W'" 1 agreement. Therefore, COlJNTY agrees to adjust the amount owed to it by CITY by a reduction of 'l Five Thousand Four Hundred Sixty Four Dollars ( $5,464.00). 3 3. CITY, in consideration of COUNTY's adjustment ofthe 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. ,., 0 1 2 3 4 11 12 0 13 14 15 16 17 18 19 o "" .",," ,"""c"" " ."--- -r"-'- "" -- ,..,-_.-~-~ " iTlT~-~--'-a-=r'---.'"---""-----'-'-'-'''''''''--- 8. Both COUNTY and CITY fully understand and expressly waive their individual 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. 5 9. The Parties further agree that this Agreement shall be binding upon the Parties, their 6 employees, agents, heirs, representative, successors, assigns, officers, officials, agents, and 7 departments. Furthermore, the benefits contained in this Agreement shall inure to the benefit of the 8 9 Parties hereto, their employees, agents, heirs, representatives, successors, assigns, officers, agents, 10 and departments. 10. The Parties hereto certify they have not received any representations, promises, or inducements from any of the Parties hereto or from their representati ves other than those expressed in this Agreement. The Parties further certify that they are entering into their Agreement in reliance upon their knowledge and understanding of the facts, the legal implications thereof, and the liability 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 to all matters contained herein, and the Parties hereby affirm their understanding of the terms of this Agreement. 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 20 21 Parties or their authorized representatives. 22 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 23 24 25 26 27 28 -1"I1"~ ......."..... .~. " ~ .o~~- "" '""<r'"~.J~~' '"'-rTrn~-~---~"--~Tr'/ '~!~''''''''''--Tl-''-'''''"' ;";,~r~"~"~'-n' IT 0 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. 4 IN WITNESS WHEREOF, the parties sign this agreement on the respective dates 5 indicated below. 6 Approved as to fonn: 7 Dated: ~ I ,2005 RONAlD D. REITZ 8 COfi::ZI~~ 9 By: DENNIS TILTON Deputy County Counsel 10 Attorneys for COUNTY OF SAN BERNARDINO 11 Approved as to fonn: 12 Dated: m......... "'-- I 0 ,2005 JAMES F. PENMAN 13 CIT~~~~ . 0 14 , -, By: ROBERT L. SIMMONS 15 Senior Assistant City Attorney Attorneys for CITY OF SAN BERNARDINO 16 17 18 Dated: "4arch 1 , 2005 19 20 S Chainnan, Board of Supervisors 21 22 Dated: ,2005 CITY OF SAN BERNARDINO 23 24 By: JUDITH V AllES 25 Mayor 0 26 THIS IS A FULL RELEASE OF ALL CLAIMS 27 WE ARE SIGNING PERTAINING TO THE DISPUTE DESCRIBED HEREIN. 28 . . ~.. . . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ,,71, O~ Item # ~ Resolution # Vote: Ayes r1 Nays Abstain Change to motion to a~ocuments 0 Companion Resolutions Jvrh,~b Absent NullNoid After: I}O days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: ?' Y7 ' 0..( __ Date of Mayor's Signature: ?' /-:;' 0\ .- L' Date of Clerk/CDC Signature: ?7. J"l-j I' 0) ~' Reso. Log Updated: r:J Seal Impressed: Date Memo/Letter Sent for Signature: I sl Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Yes No By_ Updated Prior Resolutions (Other Than Below): Yes No By_ Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_ Updated CDC Personnel Folders (5557): Yes No By_ Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Develop~ervices Others: v w ~ EDA o V Information Services o ~ o o Facilities Finance Fire Department o Parks & Recreation Police Department Public Services Ready to File: _ I Notes: Date: 3.) Revised 12/18/03 ~~_~_ C'~"~~ ~--~ . ~ -, ," '''-~ .- " - .:;< - ^._~-" -.-~-~'-='-'T-'~'----~"P7~;I-m'1~lt~,';'~;"'"i,W~r''''~_~'.r~~"~'~";;"f"=~\<k'\'Hl~~~~~~~=~~:~!:~8~~~.;t~:.i.~!'irfmfl~~;~~"-~~,~,_~~~.",,,,=- . - ~I . March 29, 2005 Sue Carey San Bernardino County Counsel County Government Center 385 N. Arrowhead Avenue San Bernardino, CA 92415 Dear Ms. Carey: Enclosed please fmd one fully executed certified copy of Resolution No. 2005-66, 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. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely, Eileen Gomez Senior Secretary Enclosure