HomeMy WebLinkAboutContracts & Agreements_10-1991_CCv0001.pdf JOINT EXERCISE OF POWERS AGREEMENT
BY AND AMONG THE CITIES OF THE COUNTY OF SAN BERNARDINO
I. Parties. This Joint Exercise of Powers Agreement, dated
March 19, 1991 for the purpose of reference only, is
entered into pursuant to Government Code §6502 by and among the
following public agencies:
City of Adelanto City of Loma Linda
City of Apple Valley City of Montclair
City of Barstow City of Needles
City of Big Bear Lake City of Ontario
City of Chino City of Rancho Cucamonga
City of Colton City of Redlands
City of Fontana City of Rialto
City of Grand Terrace City of San Bernardino
City of Hesperia City of Twentynine Palms
City of Highland City of Upland
City of Loma Linda City of Yucaipa
2 . Recitals. Each Party to this agreement is a municipal
corporation, duly authorized and existing under the laws of the
State of California, and situated within the boundaries of the
County of San Bernardino. As such, Government Code Section 34501
grants to each Party the power to sue and be sued in its own name.
A dispute has arisen between the Parties and the County
of San Bernardino regarding the validity and enforcement of County
Ordinance No. 3428, which authorizes the County to impose and
collect from cities a criminal justice fee for booking or other
processing. The Ordinance further authorizes the County to collect
delinquent fees through offset. The County has indicated its
intention to impose and collect these fees from all Cities,
including those cities which contract with the County for law
enforcement services ("Contract Cities") . A large number of cities
have expressed their opposition to the fees and have unsuccessfully
requested the County to reconsider its position and to look for
alternative sources for revenue. The Parties therefore desire to
pursue their common goal by filing suit against the County of San
Bernardino.
3. Purpose. The purpose of this agreement is to provide for
the efficient resolution of the Parties' common legal claim.
Although each Party has the right to bring similar litigation
separately in its own name, the resulting litigation by all 22
cities would be duplicative and, in come cases, prohibitively
costly. Through this agreement, the Parties desire to set forth
the terms and conditions under which one action may be maintained
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on behalf of all Parties; to provide for the management and
direction of such litigation; to provide for the allocation of
litigation expenses; and to set forth various other matters
relating to the prosecution of the cities' claims against the
County of San Bernardino. The Parties do not intend to create a
separate public agency through this agreement and no provision of
this agreement should be so construed.
4 . Authorization to File Suit. By execution of this
agreement, each Party authorizes and directs that suit be filed and
diligently pursued, in the names of the Parties, against the County
of San Bernardino, its Board of Supervisors and such administrative
officers as may be appropriate, for the general purpose of
challenging the validity of County Ordinance No. 3428 and the
imposition and collection of booking fees from contract cities and
other cities in the County.
5. Administration of Agreement. The administration of
activities called for in this agreement is delegated to and vested
in an Administrative Committee. The Administrative Committee shall
be comprised of the city managers of Rialto Highland
and Victorville .
Each member of the Administrative Committee shall be, at
all times, an officer or employee of a Party to this agreement. If
any member ceases to be an officer or employee of a Party, or if
the member's agency ceases to be a Party to this agreement, a new
member shall be promptly selected in the same manner as the
original member. The Administrative Committee shall keep all
Parties informed of the composition of the committee.
The Administrative Committee is authorized and directed,
on behalf of all Parties, to perform all acts necessary or
desirable to execute and administer this Agreement including, but
not limited to: selecting and retaining legal counsel and
consultants; providing day-to-day management and direction of the
litigation, including the right to determine all matters of tactics
and strategy on which legal counsel requests direction;
authorizing, evaluating and monitoring legal expenses; and
conducting settlement negotiations, if any, provided that any
proposed settlement agreement shall require the unanimous consent
of all agencies then Party to the Agreement.
6. Accounting Services. The Director of Finance of the City
of Highland.... shall provide accounting services for all
payments and receipts required by the terms of this agreement, and
shall be responsible for the safekeeping of all funds paid by or to
the Parties to this Agreement.
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7. Obligation of the Parties. Each Party to this agreement
shall:
a. Pay, upon demand, its "appropriate share" of all
expenses incurred in the performance of activities called for by
this agreement. The "appropriate share" of each Party shall be
calculated as follows: all expenses shall be apportioned equally
among the parties.
In the event of termination by any Party to this
Agreement, the Director of finance of the City of Highland
shall recalculate the appropriate share of each Party to the
Agreement, and shall notify each Party of the results of that
recalculation.
b. Upon execution of this agreement, pay to the Finance
Director of the City of Highland the sum of $500.00, which
represents a retainer to cover initial legal review and review by
a financial consultant of the adequacy or validity of the amount of
the booking fee.
C. Pay, upon demand, its appropriate share of
litigation expenses which exceed the estimated expenses set forth
under subparagraph b, above.
All bills and invoices for expenses incurred
pursuant to this agreement shall be directed to the Director of
Finance of the City of Highland , who shall calculate the amount
owned by each Party under the formula set forth in subsection a,
above, and bill each Party accordingly. Bills shall be prepared
for each calendar quarter in which activity occurs and shall be
payable to the City of Highland immediately upon demand.
8. Termination of Agreement. This agreement shall terminate
as to any Party upon occurrence of any of the following conditions:
a. 15 days prior written notice of termination by any
Party given to the then chairperson of the Administrative
Committee; provided, however, that the terminating Party shall be
liable for it appropriate share of any expenses incurred up to the
date notice of termination is received which exceed the termination
Party's contribution under paragraph 7.b; and provided further,
that in no event shall a terminating party be entitled to a refund
of all or any part of its contribution made under paragraph 7 .b.
b. Automatically, upon the failure of any Party to pay
its appropriate share of litigation expenses within 60 days of date
of invoice.
9. Amendment. This Agreement may be amended at any time
upon the approval of all Parties to the Agreement.
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10. Notices. Except where this Agreement specifically
provides otherwise, any notices to be sent to any party shall be
directed to the of f ice of the City Manager of the Party, with
copies to the City Managers of all parties.
Executed on March 20 1991, at Redlands
California by:
CITY OF REELAN D ATTEST:
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B
RAY 7C tY ClAk
APPROVED AS TO FORM:
City Attorney
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