HomeMy WebLinkAboutContracts & Agreements_83-1995_CCv0001.pdf SETTLEMENT AGREEMI AFTER EXECUTION, PLEASE
RETURN TO:
THIS SETTLEMENT AGREEMENT (hereinaa CITY CLERK'S OFFICE
Agreement") is entered into as of the CITY OF REDLANDS
199_, by and between the
P. 0. BOX 3005
OF APPLE VALLEY, CITY OF SARSTOW, CITY Oj REDLANDS, CA 92373
CHINO, CITY OF CHINO HILLS, CITY OF COLT(
OF GRAND TERRACE, CITY OF HESPERIA, CITY
LO MA LINDA, CITY OF MONTCLAIR, CITY OF N1
CITY OF RANCHO CUCAMONGA, CITY OF REDLANI
OF SAN BERNARDINO, CITY OF TWENTYNINE PAI
OF VICTORVILLE, CITY OF YUCAIPA, and TOW)
(hereinafter collectively referred to as
COUNTY OF SAN BERNARDINO (hereinafter re:
County") .
RECI_ZALs
A. The Cities are cities duly organized and existing under
the laws of the State of California and are located- within the
jurisdictional boundaries of San Bernardino County.
B. The County is a county duly organized and existing as a
political subdivision of the State of California.
C. The TOWN OF APPLE VALLEY, CITY OF BIG BEAR LAKE, CITY
OF CHINO HILLS, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF
HIGHLAND, CITY OF LOMA LINDA, CITY OF NEEDLES, CITY OF RANCHO
CUCAMONGA, CITY OF TWENTYNINE PALMS, CITY OF VICTORVILLE, CITY OF
YUCAIPA, and TOWN OF YUCCA VALLEY (hereinafter referred to as
"the Contract Cities") and the County have entered into separate
agreements wherein the County provides law enforcement services
to the Contract Cities pursuant to the terms thereof.
D. The CITY OF ADELANTO, CITY OF BARSTOW, CITY OF CHINO,
CITY OF COLTON, CITY OF FONTANA, CITY OF MONTCLAIR, CITY OF
ONTARIO, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN
BERNARDINO, and CITY, OF UPLAND (hereinafter referred to as "the
Independent Cities") furnish their own law enforcement services.
E. On or about July 1, 1990, Senate Bill 2557 was signed
by the Governor of the State of California as a non-urgency
measure. Senate Bill 2557 was subsequently codified as
California Government Code Section 29550, and became effective
January 1, 1991. Pursuant to Government Code Section 29550,
counties were authorized to retroactively charge cities and other
entities for expenses incurred after July 1, 1990, in connection
with the booking or other processing of persons arrested by
employees of the cities and other entities. Government Code
Section 29550 requires that the amount of the fee not exceed the
actual administrative costs, including applicable overhead costs
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SET'T'LEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as "the
Agreement") is entered into as of the day of
199_, by and between the CITY OF ADELANTO, TOWN
OF APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF
CHINO, CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY
OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF
LOMA LINDA, CITY OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO,
CITY OF RANCHO CUCAMONGA, CITY OF REDLANDS, CITY OF RIALTO, CITY
OF SAN BERNARDINO, CITY OF TWENTYNINE PALMS, CITY OF UPLAND, CITY
OF VICTORVILLE, CITY OF YUCAIPA, and TOWN OF YUCCA VALLEY
(hereinafter collectively referred to as "the Cities") and the
COUNTY OF SAN BERNARDINO (hereinafter referred to as "the
County") .
R E C I T A L S
A. The Cities are cities duly organized and existing under
the laws of the State of California and are located- within the
jurisdictional boundaries of San Bernardino County.
B. The County is a county duly organized and existing as a
political subdivision of the State of California.
C. The TOWN OF APPLE VALLEY, CITY OF BIG BEAR LAKE, CITY
OF CHINO HILLS, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF
HIGHLAND, CITY OF LOMA LINDA, CITY OF NEEDLES, CITY OF RANCHO
CUCAMONGA, CITY OF TWENTYNINE PALMS, CITY OF VICTORVILLE, CITY OF
YUCAIPA, and TOWN OF YUCCA VALLEY (hereinafter referred to as
"the Contract Cities") and the County have entered into separate
agreements wherein the County provides law enforcement services
to the Contract Cities pursuant to the terms thereof.
D. The CITY OF ADELANTO, CITY OF BARSTOW, CITY OF CHINO,
CITY OF COLTON, CITY OF FONTANA, CITY OF MONTCLAIR, CITY OF
ONTARIO, CITY OF REDLANDS, CITY OF RIALTO, CITY OF SAN
BERNARDINO, and CITY' OF UPLAND (hereinafter referred to as "the
Independent Cities") furnish their own law enforcement services.
E. On or about July 1, 1990, Senate Bill 2557 was signed
by the Governor of the State of California as a non-urgency
measure. Senate Bill 2557 was subsequently codified as
California Government Code Section 29550, and became effective
January 1, 1991 . Pursuant to Government Code Section 29550,
counties were authorized to retroactively charge cities and other
entities for expenses incurred after July 1, 1990, in connection
with the booking or other processing of persons arrested by
employees of the cities and other entities. Government Code
Section 29550 requires that the amount of the fee not exceed the
actual administrative costs, including applicable overhead costs
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as permitted by federal Circular A-87 standards, incurred in
booking or otherwise processing those arrested persons.
F. Pursuant to Section 29550 of the Government Code, on or
about January 14 , 1991, the County adopted Ordinance No. 3428
(San Bernardino County Code Section 16. 027A) authorizing the
County to charge each of the Cities a criminal justice
administrative feet retroactive to July 1, 1990, in the amount of
$122 . 90 for each designated booking performed by the County in
connection with arrests made within the jurisdictional boundaries
of the respective Cities.
G. On or about February 13 , 1991, the County began
charging each of the cities a criminal justice administrative fee
pursuant to the provisions of Ordinance No. 3428 . If said fees
were not paid, the County thereafter began withholding certain
funds from the cities for the payment thereof.
H. On or about March 15, 1991, the Cities filed suit
against the County in the Superior Court of San Bernardino
County, Case Number 262309 (hereinafter referred to as "the
Initial Lawsuit") , challenging the validity of Ordinance
No. 3428 .
I. On or about April 26, 1991, the County filed a
Cross-Complaint (hereinafter referred to as "the
Cross-Complaint") against the Cities to collect unpaid criminal
justice administrative fees.
J. On May 14 , 1991, the San Bernardino County Superior
Court issued a temporary restraining order, and on May 28, 1991,
issued a preliminary injunction which was signed and filed on
July 5, 1991, prohibiting the County from unilaterally
withholding from that date any criminal justice administrative
fees which had been disputed by the Cities under Government Code
Section 907 from certain funds which were due and owing to the
Cities.
K. On or about October 17, 1991, the Initial Lawsuit was
added on to Judicial Council Coordination Proceeding No. 2584
(hereinafter referred to as "the Coordinated Proceeding") wherein
several cities within the State of California challenged the
legality of Government Code Section 29550 and actions taken by
their respective counties in connection therewith.
L. On or about April 2 , 1992 , the court in the Coordinated
Proceeding upheld the validity and constitutionality of criminal
justice administrative fees. But several other matters in the
Coordinated Proceeding remain unadjudicated. As such, the
Coordinated Proceeding is still pending as of the effective date
of this Agreement.
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M. On or about September 1, 1992 , the court in the
Coordinated Proceeding entered an order providing that the
Contract Cities were exempt from payment of any criminal justice
administrative fee under the language of their contracts with the
County for law enforcement services.
N. The County thereafter threatened to terminate its law
enforcement contracts with the Contract Cities if the language of
the contracts were not changed to permit the County to collect
both the contract amount and the criminal justice administrative
fee from the Contract Cities.
O. As a result, beginning on or about February of 1994 ,
the County and the Contract Cities entered into a Settlement
Agreement for the purpose of resolving many of the issues
addressed in the Initial Lawsuit. Several other issues
concerning the proper amount of the criminal justice
administrative fee remained unresolved by the Settlement
Agreement.
P. Pursuant to the terms of said Settlement Agreement, the
Contract Cities executed Amended Law Enforcement Service
Contracts with the County which allow the County to charge the
Contract Cities a criminal justice administrative fee
notwithstanding the court's ruling in the Coordinated Proceeding
to the contrary.
Q. On or about August 18, 1994 , the court in the
Coordinated Proceeding entered an Order (hercinafter referred to
as "the order") setting forth the time frame during which the
booking process takes place, and identifying those activities
occurring within said parameters which may be included as costs
in the calculation of the criminal justice administrative fee,
and those activities which must be excluded as cost items in the
calculation of the amount of the criminal justice administrative
fee.
R. On or about December 15 and 16 ,
1 1994 ] a hearing was
held before the Referee appointed by the court in the Coordinated
Proceeding on issues related to the appropriate methodology for
the calculation of the criminal justice administrative fee. A
ruling from the Referee is still pending as of the date of this
Agreement.
S. on or about January 10, 1995, the County adopted
Ordinance No. 3594 , to be effective on or about February 9, 1995.
Among other provisions, Ordinance No. 3594 increases the amount
of the criminal Justice administrative fee from $122.90 to
$168 . 20.
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T. On February 9 , 1995, the Cities filed suit against the
County in the Superior Court of San Bernardino County, Case
Number SCV 18697 (hereinafter referred to as "the New Lawsuit") ,
challenging the validity of ordinance No. 3594 .
U. The Cities and the County desire to enter into this
Agreement for the purpose of resolving many of the issues
addressed in the Initial Lawsuit, the cross Complaint, and the
New Lawsuit without any further litigation, and are entering into
this Agreement for said purpose. This Agreement shall not be
treated or otherwise construed as an admission of liability by
any party for any purpose. This Agreement is a compromise of
disputed claims, and this Agreement shall not be construed in any
way as an indication of the merits of the Initial Lawsuit, the
Cross-Complaint, the New Lawsuit, or any claims or defenses
raised therein.
COVENANTS
NOW THEREFORE, in consideration of the preceding Recitals
and the mutual Covenants contained herein, the parties hereto
agree as follows:
1. Settlement of All Actions. This Agreement shall
resolve all issues addressed in the Initial Lawsuit, the
Cross-Complaint, and the New Lawsuit. The parties hereto agree
to seek a stipulated judgment in the Coordinated Proceeding that
is consistent with this Agreement and that will reference and/or
incorporate this Agreement. The Cities executing this Agreement
shall thereafter dismiss the New Lawsuit, with prejudice, as to
them, and the County shall dismiss its Cross-Complaint, with
prejudice, as to the signing Cities.
2. Invalidation or State-Mandated Modificationofcriminal
Justice Administrative Fee. Notwithstanding Section 1 of this
Agreement, if a final decision of a California or federal court,
including any applicable appellate court decision, holds that the
underlying California Government Code Section 29550 is invalid,
or otherwise rules that the County may not impose a criminal
justice administrative fee, or if subsequent California or
federal legislation repeals, removes, or limits the authority of
the County to charge a criminal justice administrative fee, the
Cities shall not be obligated to pay any criminal justice
administrative fee, including those fees agreed to in this
Agreement, beyond that which is permitted by law, for any arrests
made after the effective date of said final decision or the
effective date of such legislation. Additionally, any California
or federal legislation or judicial decision which adjusts the
amount and/or scope of the criminal justice administrative fee
shall be utilized in consultation with the Cities for adjusting
the amount of the criminal justice administrative fee as set
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forth in Section 3 of this Agreement, and any adjustment in
amount and/or scope of the criminal justice administrative fee
shall take effect as of the date that such legislation takes
effect or when such judicial decision becomes final. However,
under no circumstances shall there be an increase in the criminal
justice administrative fee beyond those amounts agreed to by the
parties as set forth herein, including actual costs after
February 10, 20{01. The amount of the criminal justice
administrative fee imposed after February 10, 2001, for bookings
and other processing, as referred to in California Government
Code section 29550 and as defined in "the order", shall not
include any retroactive charges for costs which were not
recovered by the County for the period beginning July 1, 1990/
and ending February 10, 2001, even though said costs may have
been within the authorized scope of the criminal justice
administrative fee.
3 . Pavment of Criminal Justice Administrative Fees.
Subject to Section 2 of this Agreement, the Cities shall pay to
the County a criminal justice administrative fee as set forth
below:
a. Bookings occurring From July 1 1990 Throucth February
9 , 1995.
(1) Independent Cities.
Each Independent City executing this .Agreement shall
pay a criminal justice administrative fee in the amount of
$104 . 90, plus interest thereon calculated at the applicable Local
Agency Investment Fund rate from the date of initial billing for
the arrest to the effective date of this Agreement, for each
booking and other processing, as referred to in California
Government Code section 29550 and as defined in "the Order",
performed by the County in connection with arrests made within
the jurisdictional boundaries of the respective Independent City
for which such a fee is imposed by the San Bernardino County Code -
for the time period between July 1, 1990, through February 9,
1995.
Upon execution of this Agreement, the County shall
calculate the amount owed by each Independent City accordingly
and shall bill each Independent City separately with
documentation supporting the County's principal and interest
calculations. Except for specific challenges contending that a
particular booking or other processing charge is not properly
allocable to the. challenging Independent City under the
provisions of the San Bernardino County Code or the County's
substantial non-compliance with the terms of this Agreement, said
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bill shall be payable within sixty (60) days of receipt by the
Independent City. If all uncontested fees and interest are not
paid within sixty (60) days of receipt of the bill, the
Independent City shall pay additional interest to the County on
the delinquent amount due, from the date of receipt of the bill,
calculated at the applicable Local Agency Investment Fund rate
and supported by adequate documentation thereof. Any funds
withheld by the County for payment of the criminal justice
administrative fee prior to the court's issuance of the
restraining order in the Initial Lawsuit shall be credited to the
appropriate Independent City and reflected in the County's
invoice. The appropriate Independent City shall also be credited
for any criminal justice administrative fees which it has
voluntarily paid to the County.
(2) Contract Cities.
For the time period from July 1, 1990, through December
31, 1993, each Contract City executing this Agreement shall pay a
criminal justice administrative fee in the amount of $61. 45 for
each booking and other processing, as referred to in California
Government Code section 29550 and as defined in "the Order",
performed by the County in connection with arrests made within
the jurisdictional boundaries of the respective Contract City for
which such a fee is imposed by the San Bernardino County Code.
For the time period from January 1, 1994, through
February 9, 1995, each Contract City executing this Agreement
shall pay a criminal justice administrative fee in the amount of
$122 . 90 for each booking and other processing, as referred to in
California Government Code section 29550 and as defined in "the
Order", performed by the County in connection with arrests made
within the jurisdictional boundaries of the respective Contract
City for which such a fee is imposed by the San Bernardino County
Code.
Upon execution of this Agreement, the County shall
calculate the amount owed by each Contract City accordingly and
shall bill each Contract City separately with documentation
supporting the County's principal and interest calculations.
Except for specific challenges contending that a
particular booking or other processing charge is not properly
allocable to the challenging Contract City under the provisions
of the San Bernardino County Code or the County's substantial
non-compliance with the terms of this Agreement, said bill shall
be payable within sixty (60) days of receipt by the Contract
City. If all uncontested fees are not paid within sixty (60)
days of receipt of the bill by a Contract City, the Contract City
shall pay interest to the County on the principal delinquent
amount due, from the date of receipt of the bill, calculated at
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the applicable Local Agency Investment Fund rate and supported by
adequate documentation thereof. Any funds withheld by the County
for payment of the criminal justice administrative fee prior to
the court's issuance of the restraining order in the Initial
Lawsuit shall be credited to the appropriate Contract City and
reflected in the County' s invoice. The appropriate Contract city
shall also be credited for any criminal justice administrative
fees which it has voluntarily paid to the County or which it paid
to the County under the prior Settlement Agreement.
Notwithstanding the above, if, as a result of the final
decision in the Coordinated Proceeding, the amount of the
County's criminal justice administrative fee is reduced, the
application of said reduction shall be retroactive to January 1,
1994, and the Contract Cities executing this Agreement shall be
credited accordingly. If, as a result of the Coordinated
Proceeding, the amount of the County's criminal justice
administrative fee is reduced to an amount below $61-45 per
booking, the application of said reduced fee shall be retroactive
to July 1, 1990, and the Contract Cities executing -this Agreement
shall be credited accordingly.
b. Bookings Occurring From February 10 1995 Through
February 10 1996 . Each City executing this Agreement shall pay
a criminal justice administrative fee in the amount of $152. 00
for each booking and other processing, as referred to in
California Government Code section 29550 and as defined in "the
Order" , performed by the County in connection with arrests made
within the jurisdictional boundaries of the r3spective City
beginning February 10, 1995, and ending February 10, 1996, for
which such a fee is imposed by the San Bernardino County Code.
Except for specific challenges contending that a particular
booking or other processing charge is not properly allocable to
the challenging City under the provisions of the San Bernardino
County Code or the County's substantial non-compliance with the
terms of this Agreement, all such fees shall be paid to the
County within thirty (30) days of receipt of a bill for criminal
justice administrative fees by the City. If all uncontested fees
are not paid within thirty (30) days of receipt of the bill by a
City, the City shall pay interest to the County on the principal
delinquent amount due, from the date of receipt of the bill,
calculated at the applicable Local Agency Investment Fund rate
and supported by adequate documentation thereof.
C. 'Bookings Occurring From Februaryi;
11 1qq _ Thi-,
February .1,0, 2001 . Each City executing this Agreement shall pay
a criminal justice administrative fee in the amount of $152 . 00,
Plus inflation as calculated in the 1996 edition of the Consumer
Price Index for All Urban Consumers for the Los
Angeles/Anaheim/Riverside area, for each booking and other
processing, as referred to in California Government Code section
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29550 and as defined in "the Order" , performed by the County in
connection with arrests made within the Jurisdictional boundaries
of the respective City beginning February 10, 1996, and ending
February 10, 1997 , for which such a fee is imposed by the San
Bernardino County Code. The County shall provide the Cities with
adequate documentation supporting its calculation of the criminal
justice administrative fee for this period.
For each of the four succeeding 12-month periods
beginning February 11, 1997 , each City executing this Agreement
shall pay a criminal justice administrative fee in the same
amount that was charged by the County for the previous 12-month
period, plus inflation as calculated in the current edition of
the Consumer Price Index for All Urban Consumers for the Los
Angles/Anaheim/Riverside area, for each booking and other
processing, as referred to in California Government Code section
29550 and as defined in "the Order" ; performed by the County in
connection with arrests made within the jurisdictional boundaries
of the respective City for which such a fee is imposed by the San
Bernardino County Code. The County shall provide the Cities with
adequate documentation supporting its calculation of the criminal
justice administrative fee for each of these periods.
Except for specific challenges contending that a
particular booking or other processing charge is not properly
allocable to the challenging City under the provisions of the San
Bernardino County Code or the County's substantial non-compliance
with the terms of this Agreement, all such fees shall be paid to
the County within thirty (30) days of receipt of a bill for
criminal justice administrative fees by the City. If all
uncontested fees are not paid within thirty (30) days of receipt
of the bill by a City, the City shall pay interest to the County
on the principal delinquent amount due, from the date of receipt
of the bill, calculated at the applicable Local Agency Investment
Fund rate and supported by adequate documentation thereof.
d. Bookings occurring After February 10 2001. Each
City executing this Agreement shall pay a criminal justice
administrative fee in the amount of the actual cost incurred by
the County for performing the activities properly includable in
booking and other processing, as referred to in California
Government Code section 29550 and as defined in "the Order" , for
each booking and other processing, as referred to in California
Government Code section 29550 and as defined in "the Order" ,
performed by the County in connection with arrests made within
the jurisdictional boundaries of the respective City occurring
after February 10, 2001, for which such a fee is imposed by the
San Bernardino County Code. The County shall provide the Cities
with adequate documentation supporting its calculation of the
criminal justice administrative fee. Nothing herein shall be
treated as a waiver of the ability of the Cities to contest or
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challenge any such recalculation of the County's criminal justice
administrative fee as being either computationally in error or
unsupported by law. Unless otherwise challenged, all such fees
shall be paid to the County within thirty (30) days of receipt of
a bill for criminal justice administrative fees by a City. If
all uncontested fees are not paid within thirty (30) days of
receipt of the bill by a City, the City shall pay interest to the
County on the principal delinquent amount due, from the date of
receipt of the bill, calculated at the applicable Local Agency
Investment Fund rate and supported by adequate documentation
thereof.
4 . Procedure For and Effect of Contesting the Proper
Allocation or Computation of Billed criminal Justice
Administrative Fees and/or Interest for Bookings and Other
Processing, as Referred to in California Government CodeSection
29550 and as Defined in "the Order" , , Occurring Prior to -February
11, 2001. Any challenge by a City executing this Agreement to
the proper allocation or computation of billed criminal justice
administrative fees and/or interest under Section 3--of this
Agreement concerning bookings and other processing, as referred
to in California Government Code section 29550 and as defined in
"the Order", occurring prior to February 11, 2001, shall be made
in writing and delivered to the County's Administrative Office
within thirty (30) days of receipt of the challenged bill by the
City. All reasons for challenging the billed fees and/or
interest must be stated in the written challenge.
After receipt of such a written challenge, the County shall have
thirty (30) days in which to decide that the challenge is well
founded or unfounded. If the County determines that any part of
the challenge is well founded, the fees and/or interest will be
adjusted accordingly and a new bill sent to the challenging city,
without penalty or additional interest for the delay in reviewing
and considering the written challenge.
If the County determines that the challenge is unfounded, the
parties executing this Agreement agree that in such an event the
written challenge shall be forwarded to binding arbitration,
where the sufficiency of the challenge will be administered and
decided by a J.A.M.S. arbitrator or another alternative dispute
resolution facilitator agreed to by the parties to the billing
dispute. The County and the City contesting the billed fees
and/or interest shall pay in equal shares any advanced costs
required by the assigned arbitrator, and if the arbitrator finds
that the challenge is entirely well founded or wholly unfounded,
the party whose position was not upheld shall reimburse the
prevailing party its share of costs following the arbitrator's
decision. The parties agree that the arbitrator's decision shall
be final and binding on the parties, without any recourse for
them to seek appellate or equitable review in a court of law.
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If the City's written challenge is wholly rejected by the
arbitrator as unfounded, the challenging City shall owe
additional interest to the County for the delay in paying the
challenged fees and/or interest, calculated at the applicable
Local Agency Investment Fund rate and supported by adequate
documentation thereof, and all such fees and interest shall be
paid to the County by the challenging City within thirty (30)
days of the arbitrator' s announced decision.
If the arbitrator upholds a portion but not all of the challenged
fees and/or interest, that portion of billed fees and/or interest
that is upheld by the arbitrator shall be paid to the County by
the challenging City within thirty (30) days of the arbitrator's
announced decision, but no additional interest will be due for
the delay in paying the challenged fees and/or interest.
That portion of challenged billed fees and/or interest determined
by the arbitrator to be improperly charged will not be owed to
the County by the challenging City.
The parties shall consider the recommendations of the joint
committee established in Section 6 herein, and prior to February
11, 2001, shall agree on a procedure to be instituted for a City
executing this Agreement to contest the proper allocation of -
billed criminal justice administrative fees and/or interest for
bookings and other processing, as referred to in California
Government Code section 29550 and as defined in "the Order, "
occurring after February 10, 2001.
After February 10, 2001, in the absence of a procedure that has
been agreed upon by the parties for a City executing this
Agreement to contest the proper allocation of billed criminal
justice administrative fees and/or interest for bookings and
other processing, as referred to in California Government Code
section 29550 and as defined in "the Order, " occurring after
February 10, 2001, representatives of the challenging City and
the County shall meet within thirty (30) days of the submission
of a written challenge to the County, and employ their best
efforts to resolve the dispute. After February 10, 2001, if no
procedure has been agreed upon and the dispute is not resolved
after a meeting of representatives of the challenging City and
the County, the parties to the dispute may agree to submit the
matter to binding or non-binding arbitration, or either party may
initiate a court action to resolve the dispute.
In any event, after February 10, 2001, that portion of challenged
billed fees and/or interest that is upheld after the final step
of the procedure instituted for a City executing this Agreement
to contest the proper allocation of billed criminal justice
administrative fees and/or interest for bookings and other
processing, as referred to in California Government Code section
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29550 and as defined in "the Order" , occurring after February 10,
2001, shall be paid to the County by the challenging City within
thirty (30) days of the announced decision on the challenge-, and
if the City's challenge is wholly rejected as unfounded, the
challenging City shall owe additional interest to the County for
the delay in paying the challenged fees and/or interest,
calculated at the applicable Local Agency Investment Fund rate
and supported by adequate documentation thereof, and all such
fees and interest shall be paid to the County by the challenging
City within thirty (30) days of the announced decision on the
challenge.
After February 10, 2001, that portion of challenged billed fees
and/or interest that is determined to be improperly charged after
the final step of the procedure instituted for a City executing
this Agreement to contest the proper allocation of billed
criminal justice administrative fees- and/or interest for bookings
and other processing, as referred to in California Government
Code section 29550 and as defined in "the Order" , occurring after
February 10, 2001, will not be owed to the County by the
challenging City.
5. Effect of Closure of Central Detention Center. In the
event the County's Central Detention Center is closed and/or no
longer used by the County for booking and other processing, as
referred to in California Government Code section 29550 and as
defined in "the order" , in connection with arrests made within
the jurisdictional boundaries of the Cities, the amount of the
criminal justice administrative fee imposed upon the Cities
pursuant to Section 3 of this Agreement shall be reduced by 10.7
percent, from the date of the closure.
6. Creation of Joint Committee. The parties hereto agree
to form a joint committee composed of one city manager from a
Contract City, one city manager from an Independent City, one
representative from the Sheriff's Department, and one
representative of the County's Administrative office (hereinafter
referred to as "the Committee") . The Committee shall, on at
least an annual basis, review the cost of booking and other
processing, as referred to in California Government Code section
29550 and as defined in "the Order" , in connection with arrests
made within the jurisdictional boundaries of the Cities' and
explore and seek methods for reducing the cost thereof.
Prior to January 1, 2001, the Committee shall evaluate the
procedure established in Section 4 herein for a City executing
this Agreement to contest the proper allocation or computation of
billed criminal justice administrative fees and/or interest for
bookings and other processing, as referred to in California
Government Code section 29550 and as defined in "the -Order" ,
occurring prior to February 11, 2001, and shall make
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recommendations to the Cities executing this Agreement and the
County concerning the procedure to be employed for a City
executing this Agreement to contest the proper allocation or
computation of billed criminal justice administrative fees and/or
interest for bookings and other processing, as referred to in
California Government Code section 29550 and as defined in "the
Order" , occurring after February 10, 2001.
7 . Effect on Law Enforcement Service Contracts. The
Contract Cities shall comply with all terms of this Agreement
notwithstanding any inconsistent provision or provisions of the
law enforcement service contracts executed by the Contract Cities
with the County. This Agreement shall not affect the continued
validity of such law enforcement service contracts currently in
effect.
8 . Supersession. This Agreement shall supersede all prior
agreements oral and written between the parties concerning the
matters which are mutually resolved herein.
9 . Amendments . This is an entire agreement and cannot be
amended unless in writing, with specific reference hereto by the
parties authorized to be charged. Failure by any party to
enforce any provisions shall not constitute a waiver of said
party's rights to enforce subsequent violation of the same or any
other provisions.
10. Inurement. This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the
parties.
11. Captions. The captions of Sections and Subsections of
this Agreement are for reference only and are not to be construed
in any way as part of this Agreement.
12 . Validity. This Agreement shall be construed in
accordance with the laws of the State of California.
13 . Severability. If any section, clause, or phrase of
this Agreement is for any reason held to be unconstitutional or
unlawful, such a decision shall not affect the validity of the
remaining portions of this Agreement.
14 . Execution in Counterparts. This Agreement may be
executed in counterparts, each of which shall be deemed to be a
part of the original .
15. Fees and Exnenses. Unless otherwise provided herein,
each party to this Agreement shall bear their own attorneys' fees
and expenses with respect to the subject matter of this
Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by their respective officers as of the date first
above written.
CITY OF REDLANDS COUNTY OF SAN BERNARDINO
By: By:
Miay,&V S-3C-7eH Larson Chairman
Board of Supervisors
By:
Cif Clerk, Poyzer
Date: November, 21 , 1995
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