HomeMy WebLinkAboutContracts & Agreements_12-1988_CCv0001.pdf JOINT EXERCISE OF POWERS AGREEMENT
BY AND AMONG THE CITIES OF THE COUNTY OF SAN BERNARDINO
1. 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 Ontario
City of Big Bear Lake City of Rancho Cucamonga
City of Chino City of Redlands
City of Colton City of Rialto
City of Fontana City of Upland
City of Grand Terrace City of Victorville
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 collection and distribution of fines and forfeitures collected by
the County of San Bernardino. The Parties believe that since 1980 or before,
the County of San Bernardino has improperly withheld the proceeds of certain
fines and forfeitures which should have been distributed to the Parties pursuant
to Penal Code Section 1463. Negotiations with the staff of San Bernardino
County, urging the County to cease this practice and to return monies improperly
withheld, have been unsuccessful. 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 effi-
cient 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 14 cities would be duplicative and, in some cases, prohibi-
tively costly. Through this agreement, the Parties desire 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 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' claim 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 Super-
visors and such administrative officers as may be appropriate, for the general
purpose of ensuring the property distribution of fines and forfeitures under
Penal Code Section 1463 and securing repayment to the Parties, with such inter-
est and penalties as may be appropriate, all such fines and forfeitures wh j.ch
have been improperly withheld by the County of San Bernardino.
S. Administration of Nreement. The administration of the activities
called for in this agreement is delegated to and vested in an Administrative
Committee. The Administrative Committee shall be comprised of the City Manager
of Victorville, the Police Chief of Fontana and the Finance Director of
Redlands.
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; 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 agen-
cies then party to the Agreement.
6. Accounting Services. The Director of Finance of the City 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 Agreement.
7. Obligation of the Parties. Each Party to this agreement shall:
a. Pay, upon demand, its "appropriate share" of all expenses in-
curred 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 among the -parties with each Party bearing the same percent-
age of those expenses which that Party's population bears to the population of
all parties to the Agreement. For the purpose of apportioning all expenses
incurred under this Agreement, the Parties agree that the following table
accurately reflects the Parties to this Agreement, the population of each Party,
the population of all Parties, and the percent of each Party's population with
respect to the population of all Parties.
Percent
Population of Total
City of Adelanto 4,703 .79%
City of Barstow 20,560 3.44%
City of Big Bear Lake 5,836 .98%
City of Chino 52,014 8.69%
City of Colton 31,661 5.29%
City of Fontana 59,978 10.03%
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City of Grand Terrace 9,877 1.65%
City of Montclair 25,298 4.23%
City of Ontario 113,619 18.99%
City of Rancho Cucamonga 80,420 13.44%
City of Redlands 54,156 9.AS%
City of Rialto 56,432 9.43%
City of Upland 58,941 9.85%
City of Victorville 24,754 4.14%
100%
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 set forth above 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 Victorville the sum listed after the name of each Party, which sum
represents each Party's appropriate share of the first year's estimated legal
expenses:
Total
City of Adelanto 395.00
City of Barstow 1,720.00
City of Big Bear Lake 490.00
City of Chino 4,345.00
City of Colton 2,645.00
City of Fontana 5,015.00
City of Grand. Terrace 825.00
City of Montclair 2,115.00
City of Ontario 9,495.00
City of Rancho Cucamonga 6,720.00
City of Redlands 4,525.00
City of Rialto 4,715.00
City of Upland 4,925.00
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City of Victorville 2,070.00
$50,000.00
C. Pay, upon demand, its appropriate share of litigation expenses
which exceed the first year's estimated expenses set forth under subparagraph b,
above, or which are incurred after January 1, 1988.
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 accordingly. Bills shall
be prepared for each calendar quarter in which activity occurs and shall be
payable to the City of Victorville immediately upon demand.
B. 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 its appropriate share of any expenses
incurred up to the date notice of termination is received which exceed the
terminating 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 appropri-
ate share of litigation expenses within 60 days of date of invoice.
9. Amendment. This Agreement may be amended at any time upon the approv-
al of all Parties to the Agreement.
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