HomeMy WebLinkAboutContracts & Agreements_149-2001_CCv0001.pdf 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 REDLANDS
7 (hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred to herein
8 as the "Parties".
9 CITY and COUNTY have previously entered into "the Settlement Agreement"
10 concerning payment of booking and processing fees (criminal justice administrative fees
11 pursuant to California Government Code section 29550) that was incorporated as part
12 of the judgment entered by the Sacramento County Superior Court in City of Adelanto,
13 et al., v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584.
14 References to "Settlement Agreement" in this Agreement shall mean the agreement
15 identified in the preceding sentence. This Settlement Agreement provided for the
16 COUNTY to charge actual costs for criminal justice administrative fees after February
17 10, 2001.
18 The Parties desire to change the rate provision and other provisions of the
19 Settlement Agreement for fees imposed after February 10, 2001.
20 Therefore, COUNTY and CITY agree to the following terms and conditions:
21 1. Notwithstanding Section 3.d. of the Settlement Agreement and the provisions
22 of any other Supplemental Settlement Agreement entered into between the Parties, the
23 Parties agree that the CITY shall pay a criminal justice administrative fee at the flat rate
24 of $159.72 for each booking and other processing, as referred to in California
25 Government Code Section 29550 and as defined in "the Order" identified in the
26 Settlement Agreement, performed by the COUNTY in connection with arrests made
27 within the jurisdictional boundaries of the CITY after February 10, 2001. This rate shall
28 remain in effect unless changed as hereinafter provided in this Agreement.
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1 2. In the event that the COUNTY's actual costs incurred for booking and other
2 processing, as referred to in California Government Code Section 29550 and as defined
3 in "the Order" identified in the Settlement Agreement, increase by twenty-five percent
4 (25%) or more over the COUNTY's actual costs as of February 10, 2001, or in the event
5 that the State of California's reimbursement for booking fee costs incurred by the cities
6 within the County of San Bernardino is reduced by twenty-five percent (25%) or more,
7 written notice of the former event shall be given by the COUNTY to the CITY, and
8 written notice of the latter event shall be given by the CITY to the COUNTY, and the
9 Parties thereafter shall reopen negotiations concerning the rate to be charged by the
10 COUNTY for such booking and other processing. If negotiations do not result in an
11 agreement within 180 days of the date of said written notice, the provisions of Section
12 3.d, of the Settlement Agreement shall thereafter be reinstated in full such that the rate
13 charged by the COUNTY for performing the activities properly includable in booking and
14 other processing, as referred to in California Government Code Section 29550 and as
15 defined in "the Order' identified in the Settlement Agreement, performed by the
16 COUNTY in connection with arrests made within the jurisdictional boundaries of the
17 CITY shall be the amount of the actual costs incurred by the COUNTY or such lower
18 rate as the COUNTY's Board of Supervisors imposes pursuant to its authority to set
19 COUNTY fees. The COUNTY shall provide the CITY with adequate documentation
20 supporting its calculation of the criminal justice administrative fee. Nothing herein shall
21 be treated as a waiver of the ability of the CITY to contest or challenge any such
22 recalculation of the COUNTY's criminal justice administrative fee as being either
23 computationally in error or unsupported by law.
24 3. The following paragraph contained in Section 4 of the Settlement Agreement is
25 hereby deleted by the Parties and declared to be null and void and of no force or effect:
26 "The parties shall consider the recommendations of the joint
27 committee established in Section 6 herein, and prior to February 11, 2001,
28 shall agree on a procedure to be instituted for a City executing this
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1 Agreement to contest the proper allocation of billed criminal justice
2 administrative fees and/or interest for bookings and other processing, as
3 referred to in California Government Code section 29550 and as defined
4 in "the Order" occurring after February 10, 2001."
5 4. Upon request of the CITY, the COUNTY, through either its Central Collections
6 Division or a contract firm used by the COUNTY, shall engage in reasonable efforts to
7 collect on behalf of the CITY all booking fee charges imposed on convicted defendants
8 by the courts which the CITY is entitled to recover under California Government Code
9 section 29550.1. All such funds recovered by the COUNTY shall be immediately
10 remitted to the CITY after deduction therefrom of any collection costs incurred by the
11 COUNTY. COUNTY collection efforts under this paragraph shall only be required if
12 COUNTY determines it is practical to do such work through its Central Collections
13 Division or through a contract.
14 5. The Parties understand and agree that this Agreement is intended only to
15 supplement the Settlement Agreement reached by the Parties with respect to all matter
16 contained therein, and entered as part of the judgment, in City of Adelanto et al v.
17 County of San Bernardino, Judicial Council Coordination Proceeding No. 2584. The
18 Parties hereby affirm their understanding of the terms of that Settlement Agreement and
19 any Supplemental Settlement Agreements as well as this Agreement, and understand
20 and agree that they are still bound by all terms of the Settlement Agreement and any
21 Supplemental Agreements and the judgment in City of Adelanto, et al., v. County of San
22 Bernardino, Judicial Council Coordination Proceeding No. 2584, that are not expressly
23 modified by this Agreement or any other written Supplemental Agreements between the
24 Parties. The Parties agree that this Agreement is a binding contract and not merely a
25 recital. The Parties further understand and agree that this Agreement may not be
26 altered, amended, modified, or otherwise changed in any respect or particular
27 whatsoever, except in writing duly executed by both Parties by their authorized
28 representatives.
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1 IN WITNESS WHEREOF, the parties sign this Agreement on the respective dates
2 indicated below.
3 Approved as to form:
4
5 Dated: ---, 2001 ALAN K. MARKS
COUNTY COUNSEL.
6
7 By:
DENNIS TILTON
8 Deputy County Counsel
9 Attorneys for COUNTY OF SAN BERNARDINO
10 Dated: , 2001
11
12
13 By:
14 Attorneys for CITY OF
15
16 Dated: 2001 COUNTY OF SAN BERNARDINO
17
By:
18 FRED AGUTAR
19 Chairman, Board of Supervisors
20 Dated: October 16, 2001 CITY OF REDLANDS
21
By:
22
23 Mayor
24 ATTEST :
25
26
Aearice Sanch4ez
27 Oepi-jtv city Clerk
28
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1 IN WITNESS WHEREOF, the Parties sign this Agreement on the respective dates
2 indicated below.
3 Approved as to form:
}
4
5 Dated: ' 2001 ALAN K. MARKS
COUNTY COUN 1
6
By:
7 DENNIS TILTON
8 Deputy County Counsel
Attorneys for COUNTY OF SAN BERNARDINO
9
10 Dated: , 2001
11
12
By:
13
14 Attorneys for CITY OF
15
Dated: 2001 COUNTY OF SAN BERNARDINO
16
17 By:
18 FRED AGUTAR OF
Chairman, Board of Supervisors
19
20 Dated: October 16, 2001 CITY OF REDLANDS
21
By:
22
23 Mayor
24 ATTEST:
25
Beatrice Sanchez
2626 Deputy City Clerk
27
28
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