80-031 County of Santa Clara, Finess Forfeitures Penal Code Section 1463• "/
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FIRST ANENDMl:1NT TO' AGREE}!ENT ADJUSTING PERCENTAGE DISTRIBUTION
~p COURT ORDERED ,ACCOUNTS RECEIVABLE UNDER PENAL CODE SECTION 1463
, 1982, by and bewteen the COUNTY OF SANTA CLARA, a
THIS AGREEMENT IS MAllE AND ENTERED Il!TO this _' ___ day of
r.JMl 1 8 1983. -------
political subdivision of the State of California, hereinafter referred
to as "County", and the CITY OF _-'C-'u"-p_e-'r_t:..i"n_o _____ , a municipal cor-
poration of the State of California, hereinafter referred to' as "City".
WHEREAS, the parties have 'entered into an Agreement, dated
':JA'N 1 8 1983 , providing for a percentage distribution -------~------
of fines and forfeitures pursua~t to Penal Code'Section 1463, and providing
for the recovery'of the County's costs in collecting delinquent parking
citations; and the parties wish to provide by ",'"tual agreement for
the distribution of fines and forfeitures processed and collected by the
County through court ordered account's receivab'le/
NOW, THEREFORE, the parties hereto agree as follows:,
1. Pursuant to subparagraph (c) of Paragraph (1) of Section 1463
of the Penal Code of the' State of Califor~ia. County and City agree
that the County percentage of fines a~d forfeitures as set forth in
said subparagraph (c) of Paragraph (1) of Section 1463 shall be allocated
as to court ordered accounts receivable according to the terms and con-
ditions hereinafter set forth.
2. The total cost of collection by the County of all court ordered
accounts receivable which are assigned to County for collection shall
be deducted from the amount collected before distribution is, made in
accordance with the distribution formula set forth in Paragraph (3).
The cost of collection shall include, but not be limited to, salaries
and benefits for County employees, transportation, postage, forms, supplies,
computer processing cost, and equipment.
3~ The monies remaining after the total cost of collection of such
accounts by the County is deducted shall be distributed twenty percent
(20%) to the Coul).ty. and eighty percent (80%) to the City.
4. This agreement modifies Section 1463 as to the distribution of
flnes and forfeitures collected from court ordered accounts receivable
only. Other fines and forfeitures collected, including but not limited
to moving citations, shall be distributed as pr.ovided by Section 1463
as then in effect.
S. This agreement may be cancelled by either party upon thirty (30)
days ~ritten notice,
6. All other terms and conditions of the original Agreement shall
remain in full force and effect.
7. This agreement ~ill become effective immediately upon execution
by both parties.
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8. In the event that ~"city' in Santa Clara County subsequently
executes an agreement with the County similar to this agreement, but
which provides for a more" favorable adjustment distribution of fines and
forfeitures pursuant to Penal Code Section 1463 to that city. then this
agreement shall automatically be amended to provide to the City of Cuper-
tino the identical adjustment which has subsequently been provided to
that other city.
IN I-IITNESS WHEREOF, the parties hereto have executed this agreement
as of M\,. 1 ij \883 --~~~--~------
COUNTY OF SANTA CLARA
DONALD M
~~ ~ee •. _
Rebecca Q~ MorgM JAN 1
Chairperson, Board of Sup
APPROVED AS TO FORl-!:
County Counsel
APPROVED AS TO FORM:
~/~ City Attorney 7
AGREEMENT ADJUSTING PERCENTAGE
DISTRUBUTION OF FINES AND FORFEITURES
PENAL CODE SECTION 1463
This AGREEMENT made and entered into this day of JUN 0 2 J9Jl1l '
1980, by and between the COUNTY OF SANTA' CLARA, a political subdivi;ion-of" -:
the State of California, hereinafter referred to as "County," and the CITY
of Cupertino , a municipal corporation of the State of California, here-
inafter referred to as "City".
~~EREAS, subparagraph (c) of Paragraph (1) of Section 1463 provides that
a County and a City therein may, by mutual agreement, adjust the,percentage of
fines and forfeitures retained by the County upon conviction or upon the forfeiture
of bail following ,arrests made by officers or other persons employed by the City
within Santa Clara County.
NOW, THEREFORE, the parties hereto agree as follows:
1. Pursuant to subparagraph (c) of Paragraph (1) of Section 1463 of the
Penal Code of the State of California, County and City agree that the County
percentage of fines and forfeitures as set forth in said subparagraph (c) of
Paragraph (1) of Section 1463 shall be allocated according to the terms and
conditions hereinafter set forth.
2. The total cost of collection by the County of all delinquent parking
citations issued by City and assigned to County for collection, shall be deducted
from the amount collected before distribution is made in accordance with the
distribution formula set forth in Paragraph (3). The cost of collection shall
,/ include, but not be limited to, salaries and benefits for County employees,
transportation, postage, forms, supplies, computer production time, computer
hardware, cash registers, and calculators.
3. The monies remaining after the total cost of collection by the County
is deducted, shall be distributed twenty percent (20%) to the County, and eighty
percent (80%) to the City.
4. This ,agreement modifies Section 1463 only as to the distribution of
collected f~nes and forfeitures from delinquent parking Violations. Other fines
and forfeitures collected, including but not limited to moving citations, shall
be distributed as provided by Section 1463 as then in effect.
5. This agreement may be cancelled by either party 'upon thirty (30) days
written notice.
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6. This agreement will become effective immediately upon execution by
both parties •
IN WITNESS WHEREOF, the parties hereto have executed this agreement as
J UN" ? \9tlnl' of v _ ~ ,1~80. . .
COUNTY OF SANTA CLARA
of Supervisors
AT~ ~ONALD M. RAINS, Clerk S(:t:'ft"' -_.. 'f=
APPROVED AS TO FORM:
County Counsel
CUPERTINO
~(j) L
Mayor, City of Cupertino
'~~
City Clerk
APPROVED AS TO FORM:
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