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HomeMy WebLinkAboutContracts & Agreements_1-1993_CCv0001.pdf SETTLEMENT AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO, THE TREASURER OF SAN BERNARDINO COUNTY, THE AUDITOR OF SAN BERNARDINO COUNTY, AND CERTAIN CITIES OF SAN BERNARDINO COUNTY 1- PARTIES. The parties to this Agreement are the Cities of Victorville, Adelanto, Barstow, Big Bear Lake, Chino, Colton, Fontana, Grand Terrace, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, Upland, Highland and San Bernardino (hereafter referred to collectively as "Cities") , the county of San Bernardino (hereafter referred to as "County,,) , the Treasurer of San Bernardino county (hereafter referred to as "Treasurer") , and the Auditor of San Bernardino county (hereafter referred to as "Auditor,,) . 2. PURPOSE. A lawsuit was filed in the Sacramento County superior Court entitled City of Victorville et al. vs. County of San Bernardino et al. (No. 358193) wherein the cities, excepting the cities of Highland and San Bernardino, alleged that the county, the Treasurer, and the Auditor had failed to dis- tribute to cities, Pursuant to Penal Code S 1463, their share of the fine revenues collected from defendants convicted Of misde- meanors in the San Bernardino county municipal courts and placed on conditional sentence (also referred to as "court" probation and/or "summary probation") . said revenues are hereinafter referred to as "fines. ,, cities moved successfully for summary judgment on the issue of liability and a writ of mandate and summary judgment on liability issued. The orders were affirmed on the County's appeal. The newly created City of Highland became, by its motion, a plaintiff in the lawsuit. The purpose of this Agreement is to finally and fully resolve all of the issues and claims between the parties in Action No. 358193 currently pending in the Sacramento Superior Court. A further lawsuit alleging as above was filed by the SAH F&FAGREP-MENT 12/28M Dko,_-,Jog7q (Page 1 of 22) City of San Bernardino entitled City of San Bernardino vs. County of San Bernardino - a - al. , Riverside Superior Court Case No. 207900. In that case, the County stipulated to a judgment substantively identical to that obtained by other cities. Thus, the purpose of this Agreement also includes final and full resolution of all claims and issues between the parties in action No. 207900 currently pending in Riverside superior Court. 3. EFFECTIVE DATE. The effective date of this Agree- ment is the last date it is executed by any party. 4. UNAFFECTED REVENUE. The lawsuits referenced in paragraph 2 do not involve fines collected by the San Bernardino County Municipal Courts from defendants who pay their fines directly to the municipal or justice courts, which fines are currently being, and will continue to be, distributed by County to Cities as provided in Penal Code S 1463 . 001 et. seq. , without any collection fee. 5. NO ADMISSION. This Agreement is not and shall never be considered to be an admission of any fault, error, wrongdoing, or liability by the County, the Treasurer, the Auditor, or by any agent, officer, servant, or employee of any of them. 6. BACK FINE REVENUES. County will pay to Cities the total sum of three million nine hundred twenty-four thousand three hundred seventy-four and 10/100 dollars ($3,924,374.10) in accordance with the payment schedule set forth in paragraph 8. This sum is comprised of two million nine hundred sixty-six thousand fifty-seven and 46/100 dollars ($2, 966, 057.46) fine amounts and nine hundred fifty-eight thousand three hundred sixteen and 64/100 dollars ($958, 316. 64) interest, which is estimated at seven percent (7%) to January 4, 1993 . (This amount is referred to as "back fine revenues" in this Agreement. ) The amounts paid pursuant to this Agreement are in settlement of the lawsuits referred to in paragraph 2 and may be treated by each city as settlement proceeds. SAH F&FAGREEMENT IMS/92 Doc-10879 (Page 2 of 22) 7• APP{)RTIt3NMENT flF BACK FINE Rk:VENUEB. The sum of three million nine hundred twenty-four thousand three hundred seventy-four and 10/100 dollars ($3,924, 374. 10) shall be appor- tioned among the Cities as follows: City Percentage A1ttOL2A'� Adelanto . 62 $ 24,476.42 Barstow .41 15,960.46 Big Bear Lake .05 1,895.90 Chino 5. 36 212, 000. 61 Colton 8.94 351,278.87 Fontana 11.24 439, 267. 64 Grand Terrace 1. 18 46, 296.47 Highland .93 37, 089.55 Montclair 4.45 174,295.58 Ontario 13 . 63 537, 683. 95 Rancho Cucamonga 6. 14 241, 660.99 Redlands 1.73 67, 443 . 15 Rialto 5. 12 200,297.72 San Bernardino 31.33 1,225, 601.39 Upland 6.97 274, 298.79 Victorville 1.90 74,826. 61 The percentages set forth in this paragraph apply only to the back fine revenues and to the interest provided for in paragraph 10. 8. PAY BACK PERIOD. The back fine revenues (three million nine hundred twenty-four thousand three hundred seventy- four and 10/100 dollars ($3, 924, 374. 20) ) shall be paid to Cities over the fallowing "pay back period" and apportioned among the Cities according to the percentages in paragraph 7, above: (a) $400, 000. 00 on or before one month from the last party's execution of this Agreement; (b) $600, 000.00 during Fiscal Year 1992 - 1993 (FY 1992-93) by one payment by the end of FY 1992-93, if necessary, so that a minimum of $1,000,000. 00 UH WAGREEMENT 12ng/92 Dm.10879 (Page 3 of 22) is paid during FY 1992-93; (c) $1, 000, 000- 00 during Fiscal Year 1993-1994 (FY 1993-94) by one payment by the end of said Fiscal Year; (d) The remainder by a final payment by the end of Fiscal Year 1994 - 1995 (FY 1994-95) . County may pay more than the above amounts in any fiscal year. 9. COLLECTION FEE. County will retain a collection fee of ten percent (Jo%) of fine revenues collected from defendants on conditional sentence and distributed to the cities pursuant to Penal Code S 1463 .001, which shall be in addition to the County's statutory share (Penal Code S 1463 - 002) of summary probation collections. The 10% is a collection fee and is not intended to be an adjustment of the statutory percentages set forth in Penal Code S 1463 . 002. The collection fee will apply to distributions of fine revenues collected subsequent to the County's execution of this Agreement. The collection fee shall be in addition to the fee for processing installment accounts as provided in Penal Code S 1205 (d) . 10. INTEREST. The back fine revenues of three million nine hundred twenty-four thousand three hundred seventy-four and 10/100 dollars ($3 , 924, 374 . 10) include accrued interest estimated at seven percent (7%) . It is understood and agreed by the parties that exact interest calculation would be extremely burdensome because statutory interest accrues from the end of the month following each payment on each account, and the parties therefore agree to accept the estimate below. Additional interest will accrue after the date the County executes this Agreement, at the Local Agency Investment Fund (LAIF) rate or seven percent (7%) , whichever is lower, throughout the duration of this Agreement, on amounts paid pursuant to paragraph S. The LAIF rate will be calculated by averaging the three (3) most recent quarters' LAIF rate available SAH WAGREEMENT 12M/92 Doc.10879 (Page 4 of 22) at the time a payment is made. 11. FUTURE FINES. All fines collected by County from defendants on conditional sentence whose court orders are received by County on and after September 1, 1989, shall be distributed to Cities according to the percentages set forth in Penal Code S 1463 .002, or such percentages as may in the future be listed by Penal Code S 1463 . 002 or its successor. County agrees to prorate payments in accordance with Penal Code S 1462 . 5; provided, however, that if the proration statutory provisions are amended or repealed, County may adjust its procedures in accordance with the statutory changes related to proration without necessity of any amendment to this Agreement. 12. DISMISSAL. Within thirty days of the effective date of this Agreement, Cities shall file a dismissal with prejudice as to all defendants in City of Victorville et al - vs County of San Bernardino -- . , Sacramento County Superior Court No. 358193 and City of San Bernardino vs. County of San Bernardino et al. , Riverside County Superior Court No. 207900. 13. COSTS. Each party shall bear its own costs and attorney's fees. 14. MODIFICATIONS. This Agreement may be modified only by a written instrument executed by all parties hereto. 15. RELEASE. Each and every city who is a party to this Agreement, on behalf of itself, its successors and assigns, hereby releases and discharges the County of San Bernardino, the Auditor of San Bernardino County, the Treasurer of San Bernardino County, and their officers, employees, agents, successors, descendants, dependents, heirs, executors, administrators, and assigns, from all causes of action, claims, demands, damages, and liabilities of any kind, whether known or unknown, now existing or hereafter arising from the facts and circumstances set forth in the petition and complaint, as amended, in Sacramento Superior Court Action No. 358193 and Riverside Superior Court Action No. 207900. SAH F&F.AGREFAfENT IM8/92 Dm.10879 (Page 5 of 22) 16. BASE YEAR CALCULATION. County warrants that each City's base year calculation amount for Fiscal Year 1990 - 1991 shall reflect the full amount of fine revenues attributable to each city pursuant to the percentages set forth in Penal Code 1463.001 et seq. This warranty is made for the express purpose of compliance with Chapter 189 of Statutes, 1991, and for no other purpose. 17. DUPLICATE ORIGINALS. This Agreement is executed in seventeen (17) duplicate originals so that each party will have an original of this Agreement. COUNTY OF SAN BERNARDINO DATED: By: rs v1so Supe� f Board :S T E A RR TL E NN EF S P DR nO'A'T r, Clerk Ch ' m Board of Supervisors A of the Board of Supervisors- By: y APPROVED AS TO FORM pu y AND CONTENT: ALAN K. MARKS County Counsel By: SUSAN A�!�OP�KINS� Deputy County Counsel DATED: JAN 12 1993 THOMAS F. O'DONNELL Treasurer-Tax Collector of County 5qf S n Bernardino '3e DATED: JAN 12, 1993 EKKOL J. CKZUM J ro rt4C o n Auditor/ ontrolle -Recorder of County of San Bernardino SAH F&FAGRFEMENT 12/28/92 Dm,10879 (Page 6 of 22) 1 CITY OF ADELANTO 'i I DATED: / By. r ATTEST: City Clerk City of Adelanto By: rZV SAH F&F.AGREEMENT 12!28/92 Uoc.108'79 (Page 7 of 22) CITY OF BARSTOW DATED: By: ATTEST: City Clerk City of Barstow By: ' SAH F&F.AGREE HI IT 12/28/92 Doc.10879 (Page 8 of 2 2) I s CITY 4E BIG BEAR LAKE DATED: January 6 1993 By; Walt Dwyer, Mayor ATTEST: City Clerk City of Big Bear Lake -Deputy 'Z7 SAH F&F.AGREENfENT 12128192 Dm,14879 (Page 9 of 22) i } CITY 0£ CHINO / © , . > &2£g.: > � § By: } ATTEST: ( city Clerk City Of Chino ! : By: , q . Dep\{/ 6.z> SAH F&RREEMENI lmtq .1ao9 (page 10 of 22) � . � \ ( CITY 0£ 20£20« DATED: By:/ / . Z ATTEST: City Clerk City Of Colton 27: . � SAH FEwo »&ENT ` `^@ a°° (page 11 Of 22) CITY OF FONTANA s DATED: February 10, 1993 By: MAYOR G Y BOY ES ATTEST: City Clerk City of Fontana By: i { . . / \ \ } CITY OF GRAND TERRACE } � { D&$£D= January l4 l 9g By: - \ - \ ATTEST: City Clerk \ City of Grand Terrace w� By: � > z » x Ok/Q{/, . , SAH EAoU£ : !m»« D i0a9 (page lJ of 22) � BONNt `s r CITY OF HIGHLAND DATED: By: �. ZA John P. Timm` Mayor ATTEST: By: . . „ Debbie L. Anderson Deputy City Clerk i Page 14 of 22) CITY OF MONTCLAIR DATED: �� 3 Mayor Pro Tem Leonard Paulitz ATTEST: + City Clerk Cit of Montclair By: City C Ok j. LkH F&F.AGRF.EMENT 2n8!92 DM.10879 (Page 15 of 22) CITY OF ONTARIO DATED: B NI14yael- ATTEST: ZATTEST: .•�' City Clerk 'A ,,..... ,... City of Ontario PO . a �4� C'4.e�K 0. '�'°•tatattatt*•`"+* S 1O FORMWf F 3 CITY ATTORNEY FOR MAW CALiFMW SAH F&F.AGREEMENT 12!28!92 Dm.I0879 (Page 16 of 22) CITY OF RANCHO CUCAMONGA DATED: -C,?j- 93 By: ATTEST: City Clerk City of Rancho Cucamonga By: SAH F&F.AGREEMENT 12/28/92 DM10879 (Page 17 of 22) CITY 0f #£DADS DATED: January -5, 1993 By: \ Mayor \ / ATTEST: » z/ yam ,� z£t\ � l6£k f City,-"of kedla� SAH+EAG«EM mI 12/28/92 m&,+a (Page 18 0{ 22) CITY OF RIALTO qr DATED: By: ATTEST:`- City TTEST:`-City Clerk City of Rialto t By: -' SAH F&F.AGREEMONT IMS192 Dm,10879 (Page 19 of 22) CITY OF UPLAND DATED: January 25, 1993 By: ATTEST: City Clerk City of Upland By Sheryll Schroeder APPROVED AS TO FORM: Donald E. Maroney City Attorney SAH W AGRMAE?NT 17.128192 Doc.10879 (Page 20 of 2 2) CITY OF VICTORVILLE DATED: - ' By: { ATTEST: City Clerk City of Victorville ALB SAH F&FAGREEMENT 12128142 19 (Page 21 of 2 2) APPROVED AS TO FORM AND CONTENT: MEYERS, NAVE, RIBACK & WEST By: - ELIZABETH H. SILVER Attorneys for Plaintiff Cities Adelanto, Barstow, Big Bear Lake, Chino, Colton, Fontana, Grand Terrace, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, Upland, and Victorville CITY OF SAN BERNARDINO - -• DATED: By:, - = — W.--R. olcomb; Mayor ATTEST: City Clerk City of San Bernardino Dep ty APPROVED AS TO FORM AND CONTENT: JAMES F. PENMAN City Attorney By: ,61�ECATR� ROTH Deputy City Attorney Attorney for City of San Bernardino SAH F&F-AGx 1,11ET (Page 22 of 22} 1212 M Doc,108'79 g