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HomeMy WebLinkAboutContracts & Agreements_222-2005_CCv0001.pdf 10,41Vi RICHARDS I WATSON I GERSHON ,`419 ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 South Grand Avenue,Grath Floor,Los Angeles,California 90071-3101 Telephone 2a3.626.8484 FaCSimite 213.626.0078 f�- At 6 Y RICHARD RICHARDS March 21, 2006 ry a x} (1916-1988) j RELMIWD GLENN R.WATSON City Manager's {RETIRED} Office HARRY L.GERS HON (RETIRED) •` °� y STEVEN L.DORSEY WILLIAM L.STRAUSZ Mr. John Davidson MITCHELL E.ABBOTT �,�{{ GREGORY W.STEPANICICH City Manager ROCHELLE.BROWNE J 7� c7 RUDELL WILLIAM B.ARROW Cit of Redlands QUINNQUiNN M.BARROW City 1 lS CAROLW,LYNCH GREGORY M.KUNERT 35 Cajon Street THOMAS M.JIMBO ROBERT C.CECCON P 0. Box 3005 STEVEN H.KAU FAhANN r V 13 1111) .GANS JOHNGARHARRIS Redlands, CA 92373-1505 KEVIN G.ENNIS ROBIN D.HARRIS MICHAEL ESTRADA 7' C� C+ LAURENCE S.WIENER Re: Booking Fees Supplemental Settlement Agreement STEVEN R,ORR 8.TILDEN KIM SASKIA T.ASAMURA KAYSER 0.OSUME R,�MDavidson:PETER M.THRSON tear r. JAMES L.MARKMAN CRAIG A.STEELE T,PETER PIERCE TERENCE R.BOLA LISA BOND The Board of Supervisors of San Bernardino County approved the Supplemental JANET E,COLESON ROXANNE M.DIAZ Settlement Agreement (Booking Fees) on January 31 2006. Enclosed please find JIM G.GRAYSON ROY A.CLARKE WILLIAM P.GURLEY IH an original signature page for the County, to be attached to your original of the MICHAEL F.YOSHIBA REGINA N.DANNER Agreement. M office will also maintain a fullyexecuted original to the extent We PAULA GUTIERREZ BAEZA y TERESA HO-URANO OWEN P.GROSS received original signatures rom your agency BRUCE W.GALLOWAY MARGUERITE P,BATTERSBY AMY GREYSON DEBORAH R.HAKMAN Thank you for your cooperation in getting this preliminary exercise completed. D.CRAIG FOX ROBERT H.PITTMAN ALEXANDER ABBE Please feel free to give me a call if you have any questions about the form or content DIANA K.CHUANG PATRICK K.BOBKO of the Agreement, or what you should do With the County's execution page. EZRA J,RE;NSTEIN SOMALI SARKAR ANDIAL DAVID M.SNOW LOLLY A,ENRIQUEZ KIRSTEN R.BOWMAN Sincerely yours, G.INDER KHALSA BRUCE G.MCCARTHY MATTHEW B.FINNIGAN GSN ETT Z RICHARDS, TCHARDS, WATSON QVERJJN TRISHA ORTI CANDICE K.LEE DAVID G.ALDERSON MARICELA E.MARROQUiN MABE BRIAN FER D. RUSTS GENA M.STINNETT ✓Y4✓ 1Y'yit JENNIFER PETRUSIS \(F�� JF,,7A MATTHEW E.COHEN ANDREW TAM OF COUNSEL Marguerite P. Battersby, Cit Attorney MSAYREWAVER for the City of Highland WILLIAM K.KRAMER NORMAN A.DUPONT SAN FRANCISCO OFFICE EnclosureELEPHONE 415.421.8484; ORANGE COUNTY OFFICE 1 102-6\0UG 1\8$0409•!. TELEPHONE 714.990,0901 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA ~ � AND RECORD OF ACTION January 31, 2006 FROM: MARK UFFER, County Administrative Officer County Administrative Office SUBJECT: SUPPLEMENTAL AGREEMENT REGARDING CRIMINAL JUSTICE ADMINISTRATION FEES (BOOKING FEES) 1. Approve Supplemental Settlement Agreement No. 06-181 with each affected city, town, and local governmental entity, at a rate of $79.86 per booking, for booking and processing of arrestees into a County detention facility, effective July 1, 2005 through June 30, 2008. 2. Authorize the Chairman of the Board to sign all properly executed agreements received from affected cities, towns or local governmental entities by March 31, 2006. BACKGROUND INFORMATION: Following a staff report on May 3, 2005, regarding the proposed 2005-06 booking fee rate, the Board approved an ordinance revising the County Code to implement the booking fee of $79.86, effective July 1, 2005, in accordance with California Government Code section 29550. The Board also directed the CAO and County Counsel to prepare a three-year agreement with each affected city, town, and local governmental entity, to be presented for approval by the Board of Supervisors at a later date. New legislation stipulated that the maximum fee imposed by counties is limited to one-half of actual administrative costs, including permitted overhead costs, beginning in 2005-06. It also repealed reimbursement to cities for payments to counties for booking fees. The proposed Supplemental Settlement Agreement reflects the booking fee rate of $79.86 as agreed upon for three years, and states that the CAO will meet with representatives from affected entities to define a methodology for calculation of booking fees, and to establish a process to adjust the fees after expiration of the three-year period. Under the terms of the proposed Agreement, the original settlement agreements and supplemental settlement agreements relating to booking fees shall remain in full force and effect. REVIEW BY OTHERS: The item has been reviewed by County Counsel (Dennis Tilton, Deputy County Counsel, 387-5246) on January 19, 2006; and the County Administrative Office (Laurie Rozko, Administrative Analyst, 387-8997) on January 19, 2006. FINANCIAL IMPACT: There is no additional local cost impact related to this item. Booking fees are currently charged at $79,86, in accordance with the County ordinance, which has resulted in an estimated decrease of$2.5 million in annual revenue beginning in 2005-06. SUPERVISORIAL DISTRICT(S): All PRESENTER: Gary McBride, Deputy Administrative Officer, 387-5285 Record of Action of the Board of Supervisors cc: CAO-McBride w/agreement AGREEMENT NO. 06-181 City w/agreernent c/o CAO Auditor-Mejico w/agreement APPROVED CALENDAR) IDS Wagreement B ORS Risk Management C DINO AYE SECOND Sheriff-Penrod MOTION AYE Co.Counsel-Tilton 4 5 File eement � Filed��-Sheriff'Booking Fees; Inc. Ch�s-ADEL.AV, BARS, BBL, -- CHN0. CHNOHLS. CLTN. FON, DATED. 34,1 GT, HES, HLND, LL,MONT, NDLS' — K ONT. RCUCA, RLNDS. RLTO,SB, Y1ITEM D57 FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number 'qw Chance SC SHR A 06-181 DIN, Cancel County Department Dept. Orgn. Contractor's License No. County Administrative Office CAO CAO County Department Contract Representative Telephone Total Contract Amount County of San Bernardino lCar y McBride, Deputy Admin Officer (909) 387-5285 Contract Type F A S Agreement Revenue L-i Encumbered 0 unencumbered OX Other: Settlement If not encumbered or revenue contract type,provide reason:------------------------------- Commodity Code Contract Start Date I Contract End-Date Original Amount Amendment Amount 7/01/05 06/30/08 Fund I Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount I - Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Supplement Settlement FY Amount I/D FY Amount I/D Agreement for Booking Fees 06-08 at the rate of$79.86 CONTRACTOR Cities of Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley and the Town of Apple Valley Federal ID No. or Social Security No. Contractor's Representative Ms. Peg Battersby, Counsel., City of Highland Address Phone (714) 990-0901, ext. 213 Nature of Contract: (Briefly describe the general terms of the contract) The County agrees to implement booking fees at County detention centers at the negotiated rate of $79.86 for three years beginning July 1, 2005. The County Administrative Office will meet with representatives from the affected cities and towns to define a methodology for calculation of booking fees, and to establish a process to adjust the fees after expiration of the 3- year period. (Attach this transmittal to all contracts not !gared on the "Standard Conttact"form. C I� Presented to BOS for Signature c Approved as to Legal F rm evl6wed as to Cootract Compliance Presented to BOS for Signature 0 rtm e County Coun el,by Dennis Tilton,Deputy Department Head . Date Date i Date Auditor/Controller-Recorder Use Only [10 Contract Database 0 FAS Input . i It, Input Date Keyed By 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 ADELANTO, TOWN OF 7 APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF CHINO, 8 CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY OF GRAND 9 TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY 10 OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO, CITY OF RANCHO 11 CUCAMONGA, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN 12 BERNARDINO, CITY OF TWENTYNINE PALMS, CITY OF UPLAND, CITY OF 13 VICTORVILLE, CITY OF YUCAIPA, and the TOWN OF YUCCA VALLEY (hereinafter 14 referred to as "CITIES AND TOWNS"). COUNTY and CITIES AND TOWNS are 15 collectively referred to herein as the "Parties". The Parties agree as follows: 16 All CITIES AND TOWNS other than the CITY OF NEEDLES have previously 17 entered into "the Settlement Agreement" with COUNTY concerning payment of booking 18 and processing fees (criminal justice administrative fees pursuant to California 19 Government Code section 29550, hereinafter referred to as "booking fees"), that was 20 incorporated as part of the judgment entered by the Sacramento County Superior Court 21 in City of Adelanto et al. v. County of San Bernardino, Judicial Council Coordination 22 Proceeding No. 2584. The CITY OF NEEDLES and COUNTY have previously entered 23 into "the separate Settlement Agreement" concerning payment of booking fees . 24 References to "Settlement Agreements" in this Agreement shall mean the agreements 25 identified in the preceding two sentences. These Settlement Agreements provided for 26 the COUNTY to charge actual costs for booking fees after February 10, 2001. 27 'Thereafter, almost all of the parties comprising the CITIES AND TOWNS entered into a 28 supplemental settlement agreement with COUNTY for booking fees to be paid at the flat Page 1 DST 261021 Booking Fees Su Settlement Agreement 1 rate of $159,72 for each booking and other processing (hereinafter referred to as 2 "booking"), so long as CITIES AND TOWNS agreed to apply all realized savings to 3 expenditures for public safety, as referred to in California Government Code section 4 29950 and defined in the "ORDER" identified in the Settlement Agreements, performed 5 by the COUNTY in connection with arrests made within the jurisdictional boundaries of 6 CITIES AND TOWNS after February 10, 2001. This rate was to remain in effect unless 7 COUNTY's actual costs incurred for booking, as referred to in California Government 8 Code section 29550, and as defined by "the ORDER" identified in the Settlement 9 Agreements, increased by twenty-five percent (25%) or more over the COUNTY's 10 actual costs as of February 10, 2001, or in the event that the State of California's 11 reimbursement for booking fees incurred by the CITIES AND TOWNS within the County 12 of San Bernardino was reduced by twenty-five (25%) or more, in which alternative 13 event a new booking fee was to be negotiated by COUNTY and CITIES AND TOWNS. 14 In November of 2004 Senate Bill 1102 was enacted into law. This legislation 15 amended California Government Code section 29550 to reduce the amount of booking 16 fees that can be collected by counties beginning in Fiscal Year (FY) 2005-06 to fees no 17 greater than one-half of actual administrative costs, including overhead costs permitted 18 according to federal Circular A87 standards, and in no event greater than the fee 19 charged by a county to cities on January 1, 2004. Effective FY 2005-06, this legislation 20 also repealed all state reimbursement to cities for payments to counties for booking 21 fees. 22 Based on the above legislative changes, in March of 2005 the COUNTY 23 performed an updated cost study employing the same methodology that was used when 24 earlier agreements between CITIES AND TOWNS and COUNTY were executed, and 25 taking into account increased salary and benefit costs, and a dramatic rise in the 26 number of bookings compared with previous years. Based on the results of this study, 27 COUNTY calculated that current costs per booking were $192.92, which would have 28 allowed COUNTY to impose a new fee for each booking in the amount of $96.46, which Page 2 DST 264021 Booking Fees Su I Settlement Agreement 1 adjust the fees after expiration of the three-year period in which fees are to be imposed 2 at the rate of $79.86 per booking. Any such recommendations shall be included in a 3 proposed amendment to this Agreement and transmitted to each of the Parties for their 4 approval. 5 If, thereafter, COUNTY and CITIES AND TOWNS mutually agree upon a defined 6 methodology for calculation of booking fees, as well as a fee adjustment process and 7 implementation, the agreed upon methodology and process shall be implemented within 8 thirty (30) days of the date of the executed amendment to this agreement or other 9 agreement as the Parties deem appropriate. 10 If, instead, no agreement is reached by COUNTY and CITIES AND TOWNS on 11 either the methodology to be used to calculate booking fees, or on a process to adjust 12 booking fees in the future, or on both methodology and process, on or before January 1, 13 2008, an impasse shall be declared (unless COUNTY and CITIES AND TOWNS agree 14 on a further extension of time to attempt to reach agreement on these issues). In such 15 an event, after expiration of the three-year period in which fees are to be imposed at the 16 rate of $79.86 per booking, COUNTY may then employ a methodology for calculation 17 of booking fees and a process to adjust fees in the future as are allowable by law, 18 which methodology and process any one or more of CITIES AND TOWNS shall be free 19 to challenge in the Superior Court of the State of California if they so desire. If that 20 occurs, the final decision of the highest reviewing court shall thereafter be binding on 21 the Parties concerning methodology for calculation of booking fees and the process to 22 adjust such fees until such time as the law changes with respect thereto, 23 All provisions contained in judgments entered in City of Adelanto, et al, v. County 24 of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the original 25 Settlement Agreements and supplemental settlement agreements between the Parties 26 relating to booking fees that are not in direct conflict with the terms of this supplemental 27 settlement agreement shall remain in full force and effect. 28 IN WITNESS WHEREOF, the Parties are freely and voluntarily entering into and Page 4 DST 264021 Booking Fees Sup[ Settlement Agreement 1 1 signing this Agreement on the respective dates indicated below. 2 Approved as to form: 3 Dated: ,, 2005 RONALD D. REITZ 4 COUNTY CO NSE 5 By: 6 DENNIS TILTON Deputy County Counsel 7 Attorneys for COUNTY OF SAN BERNARDINO 8 Dated: O C�Ptr 74 2005 RICHARDS WATSON GERSHON , 9 10 By: m hT.§C� MARGfJERITE P. BATTERS Y 11 12 Dated: IAN 3 1 2005 , 2006 COON OF S;: TBERNARDINO 13 By: 14 BILP�' 15Ch S , Board of Supervisors 16 Dated: 0���4r �6 2005 CITY-OF ADELA TO 17 18 19 Jim Nehmens Mayor 20 21 ATTEST: CITY OF ADELANTO st, 22 SIGNED AN N THIS DOC To THE C ! cr ry �cti 23 C N M. g r f:RNAX 24 Clerktily of the t s 25 APPROVED AS TO FORM: 26 o ' 27 City Attrney 28 [mayors or city managers of all other cities and towns signing in counterpart Page 5 DST 264021 Booking Fees Sup Settlement Agreement 1 Date: November 15 2005 4CITYF REDLAND2 By: SUSAN PEPPLER 4 Mayor 5 6 ATTEST: 7 CITY OF REDLANDS 8 9 10 City Jerk 11 �. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 21 DST 264021 Booking Fees Su .Settlement Agreement.DOC