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80-031 County of Santa Clara, Finess Forfeitures Penal Code Section 1463• "/ " " 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. .. , ", . .. 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. •• - • "'" , • , / . .. '" ", 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: Page 2