HomeMy WebLinkAboutContracts & Agreements_21-1987_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
for the purpose of reference only, is entered into pursuant to
Government Code Section 6502 by and among the following public agencies:
City of Adelanto 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 Loma Linda City of Upland
City of Victorville
2. Recitals. Each Party to this agreement is a municipal corpora-
tion, duly authorized and existing under the laws of the State of Califor-
nia, 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 Cou:tt) of San
Bernardino regarding the collection and distribution of fines, and fct fei-
tures collected by the County of San Bernardino. The Parties belie..e that
since 1980 or before, the County of San Bernardino has improper ! , itithheld
the proceeds of certain fines and forfeitures which should ha?%e been
distributed to the Parties pursuant to Penal Code Section 1z463. Negotia-
tions with the staff of San Bernardino County, urging the Cv-jt,t,- to cease
this practice and to return monies improperly withheld, have been unsur_-
cessful . The Parties therefore desire to pursue their contmon oval tt,
filing suit against the County of San Bernardino.
3. Purpose. The purpose of this agreement is to provide foi ths
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 17 cities would be duplicative and, i:i zoniF
cases, prohibitively costly. Through this agreement, the Parties ds-=l.-e to
set forth the terms and conditions under which one action may be :maintained
on behalf of all Parties; to provide for the management and ditectictot of
such litigation; to provide for the allocation of litigation e�iperses; and
to set forth various other matters relating to the prosecuticit, of the
cities' claims against the County of Sin Bernardino. The Partjss dc tict
intend to create a separate public agency through this agresatetit st-d Oto
provision of this agreement should be so construed.
0
4. Authorization to File Suit. By execution of this a3ceemetit, each
Party authorizes and directs that suit be filed and diligenIly rv_xIetj, in
the names of the Parties, against the County of San Be:-nardino, its Boat d
of Supervisors and such administrative officers as may be appropriate, for-
the
orthe general purpose of insuring the proper distribution of fines and
forfeitures under Penal Code Section 1463 and securing repayment to the
Parties, with such interest and penalties as may be appropt late, all such
fines and forfeitures which have been improperly withheld by the County of
San Bernardino.
5. Administration of Agreement. The administration of the activi-
ties called for in this agreement is delegated to and vested in an Adminis-
trative Committee. The Administrative Committee shall be comprised of the
city managers of Fontana, Redlands 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 commit-
tee.
The Administrative Committee is authorized arid directed, co
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 ; providing day-to-day management arid
direction of the litigation, including the right to determir#e all natters
of tactics and strategy on which legal counsel requests direction; autho-
izing, evaluating and monitoring legal expenses; and conducti,to settlement
negotiations, if any, provided that any proposed settlement agreement sitall
require the unanimous consent of all agencies then Party to Lhe Agreement.
6. Accounting Services. The Director of Finance of the Cit-, of
Victorville 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 Agreemeot.
7. QbIjaation of the Parties. Each Party to this agreente,it shall ;
a. Pay, upon demand, its "appropriate share" of all e.,pensec-
incurred in the performance of activities called for by this agreement.
The "appropriate share" of each Party shall be calculated as follews: all
expenses shall be apportioned among the parties with each Part,.., beef i;,Q the
same percentage of those expenses which that Party's population bears tc
the population of all parties to the Apreement. For the pus-Pose of
apportioning all expenses incurred under this agreement, the Parties agree
that the following table accurately reflects the Parties to this Agieentent,
the puptilation of each Party,, the population of all Parties, and the
percent: of each Party's population with respect to the populaticit of all
Parties.
Perceot
Population of Total
City of Adelanto 4,703 .62%
City of Barstow 20,560 2.73 .
,
^'
City of Big Bear Lake 5~1336 ,77%.
City of Chino 52,014 6.90".
City of Colton 31 ,661 4.2 0%
City of Fontana 59,978 7.9611.
City of Grand Terrace 9,877 1 .31�
City of Loma Linde 12,588 1 .67�
City of Montclair 25v298 3.36%
City of Needles 5,200 .691014
City of Ontario 113,619 15.09101*
City of Rancho Cucamonga 80,420 10.6B%
City of Redlands 54,156 7, 19%
City of Rialto 56,432 7.4911.
City of San Beranrdino 137,277 18.23%
City of Upland 58°941 7,82%
City of Victorville 24,754 3.29%
753,314 100.0101.
In the event of termination by any Party to this Agreement,
the Director of Finance of the City of Victorville shall recalculate the
appropriate share of each Party to the Agreement based upon the figures Bet
forth above and shall notify each party of the results of that recalcula -
tion.
b. Upon execution of this agreement, pay tz the Fi/'aoce
Directo, of the City of Victorville the sum listed after the name of eec|`
Party, which sum represents each Party's appropriate share of the fi/ st
year 's estimated legal expenses:
Total
City of Ade]anto 310.00
City of Barstow 1 ,S65.00
City of Big Bear Lake 385.00
City of Chino 3,450.00
City of Colton 2,100.00
City of Fontana 3,9e0.00
City of Grand Terrace 655.00
City of Loma Linda e35.00
City of Montclair 10680.00
City of Needles 345.00
City of Ontario 7,545.00
City of Rancho Cucamonga 5,340.00
City of Redlands 3,595.00
City of Rialto 3,745.00
City of San Bernardino 9,115.00
City of Upland 3,920.00
City of Victorville 1 ,645.00
$50,000.00
C. Pay, upon demand, its appropriate share of litiQaLio,-,
expenses which exceed the first year 's estimated expenses set forth under
subparagraph b, above, or which are incurred after July 1 , 1087.
All bills and invoices for expenses incurred pursuant to
this agreement shall be directed to the Director of Finance of the City of
Victorville. who shall calculate the amount owed by each Party under the
formula set forth in subsection a, above, and bill each Party accorditiqly.
Bills shall be prepared for each calendar quarter in which activity cccurs
and shall be payable to the City of Victorville immediately upofj demand.
S. Termination of Agreement. This agreement shall teimiitae a-= to
any ParEy upon occurrence of any of the following conditions:
a. 15 days prior written notice of terminatior, b,; sit Pat t,
given to the then chairperson of the Administrative Committee; plo°�ilded.
however, that the terminating Party shall be liable for its apps op, iste
share of any expenses incurred up to the date notice of tel-enination i--
received which exceed the terminating Party's contributios, ui,det paiaoraph
'7.b. ; and provided further, that iii no event shall a terminating ozz, t, bE
entitled to a refund of all or an,, part of its contributiot, t7aade uj-de,
paragraph "I .b.
b. Automatically, upon the failure of any Part,• to pa,,,- it-=
appropriate share of litigation expenses within 60 days of date of i—oice.
4;. Amendment. This Agreement may be amended at any time upoi, the
approval of all Parties to the Agreement.
10. Wo t i ces. Except where this Agreement specifically vro,-ide-=
othe,-wise, any notices to be sent to any party shall be directed to the
office of the City Manager of the Party, with copies to the Cit. Henagevs
of all Parties.
Executed on 1987 at
Cali-fornis by:
CITY OF ADELANTO ATTEST:
ByMayor By City Clerk
APPROVED AS TO FORM:
City Attorney
Cur o
�
�lfir 0�
June 19, 1987
James L. Cox
City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392-2399
TRANSMITTAL OF SIGNATURE PAGE
Enclosed is the signature page of the cost allocation
agreement. The City of Redlands looks forward to working
with you on this project.
E. HOLMES
ity Manager
Enclosure
30 CAJON STREET, P.O. BOX 260 • REDLANDS, CA 92373
Evecuted on 147 _' 1987 at
California by:
CITY OF REDLANDS ATTEST:
By—, WV&2ZM� -
Mayor� i y Cler
al�APPROVED AS TO P M AND CONTENT:
City At rney
C4TN' ar=
VICTORVILLE ,
(S ID-245-341 1
1 434 3 Civic[)rl%r
raw Victnn•ilk .(Alifornia 923412.231wi
�LIFOR��
June 1, 1987 6 7
40
John Holmes
City Manager
City of Redlands
P.O. Bo x 280
Redlands, CA 92373
Dear John:
Enclosed please find a copy of the proposed Joint Exercise of Powers
Agreement providing for the allocation of costs of the proposed lawsuit to
be filed against the County of San Bernardino for improper distribution of
court fines. The proposed agreement has been prepared in the format
suggested by the attorney advising us on this matter, Elizabeth H. Silvers.
It would be appreciated if this agreement could be submitted to your City
Council for approval as soon as possible so that action can be taken on
this matter .
Roger Hughbanks has suggested that each City meet individually with their
Supervisor prior to the filing of the lawsuit. Certainly, that is an
individual judgment that each City must make. If that is the decision of
your Council , we would request that meeting be held as soon as possible
inasmuch as we strongly feel that the minimum time should elapse between
the time we make the County aware that a lawsuit is to be filed and the
actual filing of a lawsuit. For your information, however, before any
legal action may be taken, a formal claim must be filed with the County and
submitted to the Board of Supervisors for an official action. The City of
Victorville feels this gives each of the Supervisors adequate notice.
After the agreement has been signed, please return it to us as soon as
possible. When all cities involved have signed the agreement, a complete
executed copy will be provided to you. If your Council does not wish to
join in this action, please notify us so that we may revise the agreement
accordingly. If you have any further questions, please contact our City
Attorney, Henry R. Kraft.
Sincerely,
51=esL. Cox
City Manager
JLClcb
Enclosures