HomeMy WebLinkAbout199-90REgOLUTION NO. 199-90
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING
A BAIL FORFEITURES AGREEMENT WITH CONTRA COSTA COUNTY FOR MOVING
TRAFFIC VIOLATIONS ISSUED USING PHOTORADAR.
WHEREAS, The Town Council of the Town of Danville approved
Resolution No. 58-90 on March 20, 1990, approving the use of
photoradar in Danville as a means of improving traffic safety and
reducing speeds, and;
WHEREAS, All of the Town's moving traffic citations are processed
through the Walnut Creek - Danville Municipal Court operated by
Contra Costa County, and;
WHEREAS, Processing of moving traffic citations issued using
photoradar will require special handling and tracking in order to
monitor the number, average speeds and disposition of the
citations, and;
WHEREAS, Contra Costa County has determined the total cost
involved with systems changes necessary to upgrade their existing
computer facilities in order to process photoradar citations
separately, and;
WHEREAS; Contra Costa County and the Town of Danville have agreed
to an equitable distribution of start up costs and forfeited bail
associated with photoradar citations
NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of
Danville hereby approves the Bail Forfeitures Distribution
Agreement with Contra Costa County for moving traffic citations
issued using photoradar, and attached as Exhibit A to this
Resolution.
Approved by the Danville Town Council at a Regular Meeting on
September 18, 1990, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NONE ~~yOR~
NONE
NONE
ATTEST:
APPROVED.-. AS-'TO-~ FORM :~._
~jITY ATTORNEY
,t
AGREEMENT
BAIL FORFEITURES DISTRIBUTION
(Adjusting County-Town Shares of Forfeitures of
Moving-Traffic Citations issued using Photoradar)
1. Date and Parties: Effective upon the date on which the TOWN OF DANVILLE
("TOWN") signs this agreement, CONTRA COSTA COUNTY (hereinafter referred to as the
"COUNTY" for itself and on behalf of the Walnut Creek-Danville Municipal Court
District ("COURT"), and the TOWN mutually agree and promise as follows:
2. Authority & Purpose: Pursuant to Penal Code Section 1463 (a)(3), in
order to fund the initial costs for the COURT's Automated Minor Offen.se Reporting
System changes necessary to process moving traffic citations issued via photoradar
technology and the additional operational costs related to ongoing processing of
these citations the COUNTY and TOWN hereby adjust the division (distribution) of
l~J££eited bail or fines imposed by the COURTS on moving traffic photoradar
citdtions. This agreement shall not effect previously executed agreements between
thu COURT and the TOWN stipulating the distribution of forfeited bail for
n~ll i~h~toradar traffic citations.
3. County-Tu%~n Shares: The distribution of the forfeited bail or fines
sh~] 1 l~e 50% to the COUNTY and 50% to the TOWN of the net bail/fine amount. The
not dll,~unt is the ~3ross bail/fine amount less the per citation vendor fee which
shill] l{ot exceed $]5.00 per citation paid. This distribution is further adjusted
du~:ing the cost recovery period for the initial modification costs to the COURT's
Automated Minor Offense Reporting System by allocating $5.30 of the net bail/fine
amount to the COURT as cost recovery until a total $17,990 is recovered and the
remainder split on a 50% to the COUNTY and 50% to the TOWN basis. After the
COURT's cost recovery equals $17,990, the $5.30 allocation shall cease and the net
b~f]/fine amount shall continue to be split 50% to the COURT and 50% to the TOWN.
should the vendor share increase above the stated $15.00 per citation paid this
agreement will be r~negotiated.
4. "Failure to Appear" Enforcement: The TOWN agrees that as part of the
ph~Jt~radar process that should a defendant fail to appear to clear the citation
the COI{RT will notify the TOWN who will in turn make a decision on whether to
proc~ud with the retorter. Should the TOWN decide to proceed on the matter the City
At to~l~ey will issue a Complaint and a Letter to Appear and forward these to the
COUi{T for processing. The COURT in turn will send the Letter to Appear to the
d~ulldant and will proceed with a warrant if necessary.
5. Termination: This agreement may be terminated by either party, at their
sole discretion, upon 60 days advance written notice to the other, and may be
callceled immediately by written mutual consent. In the event of termination, the
COUNTY may terminate processing of photoradar citations. Whichever party
initiates the termination of this agreement will be responsible for any
unrecovered initial modification costs and related operational costs.
6. Records: The COURT's financial accounting records of these matters
shall be available for TOWN inspection. The TOWN will furnish the COUNTY a copy
of its contract with the vendor and any subsequent contracts for purposes of
determining the vendor share that is to be deducted in order to establish the net
!~a~l/fine amount.
7. Original Distribution Resumes: In the event of termination of this
agreement, the distribution of photoradar bail forfeitures or fines shall be in
accordance with the division pursuant to Penal code section 1463 (a)(3).
8. Report Production Cost: The County shall produce and provide the Town
with a monthly Photoradar Report. Town shall pay the cost of such reports up to
$300.00 per month or $3,600.00 per year. If the cost of the report production
exceeds $300.00 per month or $3,600.00 per year this paragraph shall be subject to
renegotiation without altering any other paragraphs of this agreement. An
Auditor's Report shall also be produced by the County and provided to the Town, at
the cuunty's expense.
COUNTY:
TOWN OF DANVILLE:
By
Ch=ir, Board of Supervisors
Date
Date ~/////~ /~/c/
COIlRT:
By
Municipal Court Administrator
RECOMMENDED FOR APPROVAL:
City, ~anag
RECOHIiENDED FOR APPROVAL:
By
for County Administrator
FORM APPROVED:
,/'C£ty Attorney
Attest:
liti , , i
City Cler~