HomeMy WebLinkAboutContracts & Agreements_22-2000_CCv0001.pdf 1 SUPPLEMENTAL SETTLEMENT AGREEMENT
2 ELIMINATING FEBRUARY 11 2000 CRIMINAL
JUSTICE ADMINISTRATIVE FEE INCREASE
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4 This Supplemental Settlement Agreement (hereinafter referred to as
5 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself,
6 its employees, servants, representatives, officers, officials, agents and departments
7 (hereinafter referred to as "COUNTY") and the CITY OF REDLANDS CALIFORNIA,
8 (hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred to
9 herein as the "Parties".
10 CITY and COUNTY have previously entered into a Settlement Agreement
11 concerning payment of booking and processing fees (criminal justice administrative
12 fees pursuant to California Government Code section 29550) that was incorporated as
13 part of the judgment entered by the Sacramento County Superior Court in City of
14 Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination Proceeding
15 No. 2584.
16 On January 25, 2000, the Board of Supervisors for the County of San Bernardino
17 passed and adopted a resolution to waive and eliminate the criminal justice
18 administrative fee Consumer Price Index increase scheduled to otherwise automatically
19 take effect on February 11, 2000, for the City of Needles and all cities and towns which
20 have previously entered into a booking fee settlement agreement with the County that
21 was incorporated as part of the judgment in the above-referenced case, and which also
22 enter into a supplemental settlement agreement with the County, in which they each
23 agree to allocate to local law enforcement programs the entire amount of their savings
24 derived from the fee reduction, and to use this sum exclusively for law enforcement
25 purposes within the County of San Bernardino.
26 CITY now represents that it shall allocate to local law enforcement programs the
27 entire amount of its savings derived from the above-described fee reduction, and shall
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1 use this sum exclusively for law enforcement purposes within the County of San
2 Bernardino.
3 Therefore, COUNTY and CITY agree to the following terms and conditions:
4 1. COUNTY, in consideration of the performance of all terms of this
5 Agreement by CITY, agrees to waive in full the 2000 Consumer Price Index increase
6 referred to in section 3.c. of the Settlement Agreement between the Parties concerning
7 payment of booking and processing fees (criminal justice administrative fees pursuant
8 to California Government Code section 29550) that was incorporated as part of the
9 judgment entered by the Sacramento County Superior Court in City of Adelanto, et al.
10 v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, that
11 would otherwise automatically take effect on February 11, 2000, provided that CITY
12 executes this Agreement prior to March 1, 2000.
13 2. In the event that CITY executes this Agreement on or after March 1, 2000,
14 COUNTY, in consideration of the performance of all terms of this Agreement by CITY,
15 agrees to waive the 2000 Consumer Price Index increase referred to in section 3.c. of
16 the Settlement Agreement between the Parties concerning payment of booking and
17 processing fees (criminal justice administrative fees pursuant to California Government
18 Code section 29550) that was incorporated as part of the judgment entered by the
19 Sacramento County Superior Court in City of Adelanto, et al. v. County of San
20 Bernardino, Judicial Council Coordination Proceeding No. 2584, that would otherwise
21 automatically take effect on February 11, 2000, with such waiver beginning and
22 effective in the month that CITY signs this Agreement.
23 3. CITY, in consideration of COUNTY agreeing to waive the 2000 Consumer
24 Price Index increase referred to in section 3.c. of the Settlement Agreement between
25 the Parties concerning payment of booking and processing fees (criminal justice
26 administrative fees pursuant to California Government Code section 29550) that was
27 incorporated as part of the judgment entered by the Sacramento County Superior Court
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1 in City of Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination
2 Proceeding No. 2584, that would otherwise automatically take effect on February 11,
3 2000, agrees to allocate to local law enforcement programs the entire amount of its
4 savings derived from the above-described fee reduction, and to use this sum
5 exclusively for law enforcement purposes within the County of San Bernardino.
6 4. The Parties agree that this Agreement shall be deemed breached and a
7 cause of action accrued thereon immediately upon the commencement by either party
8 of any action or proceeding contrary to the terms of this Agreement.
9 5. The Parties fully understand and declare that, if the facts under which this
10 Agreement is executed are found hereafter to be different from the facts now believed
11 by them to be true, they assume the risk of such possible differences in facts and
12 hereby agree that this Agreement shall be, and will remain, effective, notwithstanding
13 such differences in facts.
14 6. The Parties further agree that this Agreement shall be binding upon the
15 Parties, their employees, agents, heirs, representatives, successors, assigns, officers,
16 officials, agents, and departments, and that the benefits contained in this Agreement
17 shall inure to the benefit of the Parties hereto, their employees, agents, heirs,
18 representatives, successors, assigns, officers, officials, agents, and departments.
19 7. The Parties hereto certify they have not received any representations,
20 promises, or inducements from any of the Parties hereto or from their representatives
21 other than those expressed in this Agreement. The Parties further certify that they are
22 entering into this Agreement in reliance upon their knowledge and understanding of the
23 facts, the legal implications thereof, and the liability therefore as per the advice and
24 legal counsel of their attorneys. The Parties understand and agree that this Agreement
25 is intended only to supplement the Settlement Agreement reached by the Parties with
26 respect to all matters contained therein, and entered as part of the judgment, by the
27 Hon. James T. Ford in City of Adelanto, et al. v. County of San Bernardino, Judicial
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1 Council Coordination Proceeding No. 2584. The Parties hereby affirm their
2 understanding of the terms of that Settlement Agreement as well as this Agreement,
3 and understand and agree that they are still bound by all terms of the Settlement
4 Agreement and the judgment in City of Adelanto, et al. v. County of San Bernardino,
5 Judicial Council Coordination Proceeding No. 2584, that are not expressly modified by
6 this Agreement. The Parties agree that this Agreement is a binding contract and not
7 merely a recital. The Parties further understand and agree that this Agreement may not
8 be altered, amended, modified, or otherwise changed in any respect or particular
9 whatsoever, except in writing duly executed by both Parties or their authorized
10 representatives.
11 8. COUNTY has counseled with and has been advised by Dennis Tilton,
12 Deputy County Counsel, who is an admitted member of the California State Bar, with
13 regard to this Agreement and the existing dispute, and executes this Agreement,
14 representing to CITY that there has been an opportunity for full discussion and advice
15 of counsel and that the legal effects of this Agreement have been explained to
16 COUNTY by its counsel. CITY represents to COUNTY that there has been an
17 opportunity for full discussion and advice of counsel and that the legal effects of this
18 Agreement have been explained to CITY by its counsel.
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1 IN WITNESS WHEREOF, the parties sign this agreement on the
2 respective dates indicated below.
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4 Approved as to form:
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Dated:
,2004 ALAN K. MARKS
6 COUNTY COUNSEL.
By:
g DENNIS TILTON
Deputy County Counsel
g Attorneys for COUNTY OF SAN BERNARDINO
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17 Dated: . a-vt- a , 2000
18 COUNTY OF SAN BERNARDINO
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19 By:
20 IKELS
airman, Board or Supervisors
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Dated: February 15 , 2000
22 CITY OF REDLANDS
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By.
24 PAT GILBREATH
25 ATTEST: Mayor
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27 B
RR E POYZ CITY CLERK
28 RE ANDS, �A F0RNIA
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