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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />DST 264021 <br />Booking Fees Su <br />adjust the fees after expiration of the three-year period in which fees are to be imposed <br />at the rate of $79.86 per booking. Any such recommendations shall be included in a <br />proposed amendment to this Agreement and transmitted to each of the Parties for their <br />approval. <br />If, thereafter, COUNTY and CITIES AND TOWNS mutually agree upon a defined <br />methodology for calculation of booking fees, as well as a fee adjustment process and <br />implementation, the agreed upon methodology and process shall be implemented with <br />thirty (30) days of the date of the executed amendment to this agreement or other <br />agreement as the Parties deem appropriate. <br />If, instead, no agreement is reached by COUNTY and CITIES AND TOWNS on <br />either the methodology to be used to calculate booking fees, or on a process to adjust <br />booking fees in the future, or on both methodology and process, on or before January 1, <br />2008, an impasse shall be declared (unless COUNTY and CITIES AND TOWNS agree <br />on a further extension of time to attempt to reach agreement on these issues). In such <br />an event, after expiration of the three-year period in which fees are to be imposed at the <br />rate of $79.86 per booking, COUNTY may then employ a methodology for calculation <br />of booking fees and a process to adjust fees in the future as are allowable by law, <br />which methodology and process any one or more of CITIES AND TOWNS shall be free <br />to challenge in the Superior Court of the State of California if they so desire. If that <br />occurs, the final decision of the highest reviewing court shall thereafter be binding on <br />the Parties concerning methodology for calculation of booking fees and the process to <br />adjust such fees until such time as the law changes with respect thereto. <br />All provisions contained in judgments entered in City of Adelanto, et al. v. County <br />of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the original <br />Settlement Agreements and supplemental settlement agreements between the Parties <br />relating to booking fees that are not in direct conflict with the terms of this supplemental <br />settlement agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, the Parties are freely and voluntarily entering into and <br />. Settlement Agreement <br />Page 4 <br />