14-127 Amendment #1 dated 6-4-24 Law Enforcement Contact with the County of Santa Clara (see also 79-008 & 97-046)Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian
County Executive: James R. Williams
First Amendment to Agreement By and Between the County of Santa Clara and the City of Cupertino.
FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO
This is the First Amendment to the Agreement between the County of Santa Clara (County) and the City
of Cupertino (City) entered into on August 5, 2014, for law enforcement services to the City.
On August 5, 2014, the Board of Supervisors approved this Agreement.
This Agreement is amended as follows effective May 21, 2024:
1.Key Provision Change: Compensation
Key Provision, AGREEMENT TERM II. A. 1. the first sentence, related to Compensation for
Law Enforcement Services Provided by the Sheriff, on page 4 of the Agreement is amended
to read: “The City shall compensate the County utilizing the Fiscal Year 2024/2025 base rate
established for general law enforcement and county communications (hereinafter “law
enforcement”). The remainder of the language in Section II. A. 1. shall remain in effect .
2.Key Provision Change: Base Rent and Operating Costs of Westside Substation
Key Provision, AGREEMENT TERM II. C. 1. a. on pages 6-7, related to Base Rate and
Operating Costs of Westside Substation is amended to read: “The City’s share of the base
rent and operating cost of Westside Substation will be based upon the lease agreement
between the County and Dollinger Properties, LLC. The monthly base rent will increase 2.5%
each year commencing November 8, 2024, and City shall be responsible for its share of this
base rent increase. City shall be responsible for any increase in operating expenses and real
estate taxes allocated to the building to the extent that such expenses exceed costs incurred
in the FY2024/2025 Base Year. Yearly increases in controllable operating costs (other than
insurance, taxes, and utilities) shall be capped at 5%. These operating costs may be adjusted
only one (1) time per year to be effective at the start of each fiscal year on July 1.” The
remainder of the language in Section II. C.1. a. shall remain in effect.
3.Key Provision Change: Term of Agreement
Key Provision, AGREEMENT TERM VI. related to Term of Agreement, on page 9 of the
Agreement is amended to read: “This agreement shall become effective on July 1, 2024, and
may be terminated without cause by County or City upon the giving of one-hundred and
eighty (180) days written notice of such termination to the other party. In the absence of such
notice of termination, this agreement shall be effective for a term of twenty -four (24) months
through June 30, 2026, subject to any modifications which are made in accordance with the
terms and conditions of this agreement. If City elects to terminate this Agreement prior to the
expiration of the term, the City shall nonetheless pay the full amount of its pro -rata share
remaining on the County tenant improvements, moving costs, and remaining lease
commitments for the West Valley substation.” The following language is hereby deleted: “At
the expiration of this ten (10) year contract, this contract can be renewed for an additional five
(5) year period upon written notice of renewal by the City and the County to the other parties
at least one hundred eighty (180) days prior to the expiration of this contract.”
4.Add Exhibit A: Fiscal Year 2024-2025 Proposed Costs:
Exhibit A: Fiscal Year 2024-2025 Proposed Costs attached hereto this First Amendment is
added to the Agreement and incorporated herein by this reference.
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
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DocuSign Envelope lD: 88826526-1AC1-439F-8DEB-1A46C3C5DA05
5. Replace Exhibit B:
Remove Exhibit B: Compensation for Seruices in its entirety and replace with Exhibit B:
Law Enforcement Contract Compensation for Services, attached hereto this First
Amendment and incorporated herein by this reference.
All other terms and conditions of the Agreement remain in full force and effect. ln the event of a conflict
between the original Agreement and this First Amendment, this First Amendment controls.
The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter
herein and supersedes all prior oral and written agreements, representations and understandings
concerning such subject matter.
IN WITNESS WHEREOF, COUNTY and CITY OF CUPERTINO hereby agree to the terms of
this First Amendment to the Contract.
COUNTY OF SANTA CLARA CITY OF CUPERTINO
6r^*t^^6ut*r^txn-
Susan Ellenberg
President, Board of Supervisors
Date: illAY 2 1.2024
Wu
City , City of Cupertino
Date:b /+ b-'ry
AS
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Signed and certified that a copy ofthis document
has been delivered by electronic or other means to
the President, Board of Supervisors.
A ST:
Acting Clerk of the
llAY 2 I 202f
LEGALITY
Date:
APPROVED AS TO FORM AND LEGALITY
DocusiEned by:
Stephanie
Deputy County Counsel
Date: 5/L5/2024
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian
County'Executive: James R. Williams
First Amendment to Agreement By and Between the County of Santa Clara and the City of Cupertino.
Page2 of2
Cupertino
Los Altos
Hills Saratoga
Unincorporated
Areas Total
General Law Enforcement Services (Primary Rate)
Proposed Hours 41,881 5,421 20,060 14,696 82,058
Supplemental Services ‐ Traffic Enforcement ‐ Day
Proposed Hours ‐ Enforcement Vehicle ‐ Deputy Sheriff 1,803 ‐ ‐ ‐ 1,803
Proposed Hours ‐ Motorcycle ‐ Deputy Sheriff 5,447 1,860 4,195 ‐ 11,502
Total Proposed Hours 7,250 1,860 4,195 ‐ 13,305
Investigative Services
Proposed Hours 5,100 750 2,400 ‐ 8,250
Supplemental Reserve Services
Proposed Hours 200 22 68 ‐ 290
Total Proposed Hours 54,431 8,053 26,723 14,696 103,903
Traffic Sergeant
Number of Traffic Sergeant 1 ‐ ‐ ‐
School Resources Officer
Number of SRO 2 ‐ 1 ‐
Proposed Hours
Fiscal Year 2024‐2025
Exhibit A: 2024-2025 Proposed Costs
Exhibit A: Page 1 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
General Law Enforcement Services
Proposed Costs $12,788,363 $1,655,302 $6,125,321 $4,487,424
Supplemental Services ‐ Traffic Enforcement ‐ Day
Proposed Costs $2,193,343 $562,555 $1,269,219 $0
Investigative Services
Proposed Costs $1,325,235 $194,888 $623,640 $0
Supplemental Reserve Services
Proposed Costs $15,400 $1,694 $5,236 $0
Traffic Sergeant
Proposed Costs $570,774 $0 $0 $0
School Resources Officer
Proposed Costs $725,330 $0 $317,332 $0
(Cupertino ‐ 1 SRO @ 85% and 1 SRO @ 75%; Saratoga ‐ 1 SRO @ 70%)
Operating Costs Of West Valley Substation
Proposed Costs $279,769 $41,389 $137,355 $75,536
Overtime $0 $200,000 $0 $0
Total Proposed Contract Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960
Total Capped Costs *$17,916,051 $2,661,025 $8,479,808 $4,553,260
Amount in Excess of of/ (Below Budget Cap)($17,837) ($5,197) ($1,705)$9,700
PROPOSED CONTRACT COSTS
Fiscal Year 2024‐2025
*Increase in costs capped at the lesser of CPI+2% or the average compensation increase and PERS increase
Exhibit A: Page 2 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Budgeted Costs FY 2023‐2024 $11,756,416 $1,521,729 $5,631,043 $4,125,314
Proposed Costs FY 2024‐2025 $12,788,363 $1,655,302 $6,125,321 $4,487,424
Change ($)$1,031,947 $133,573 $494,278 $362,110
Change (%)8.78% 8.78% 8.78%8.78%
Budgeted Costs FY 2023‐2024 $2,509,784 $516,755 $1,165,888 $0
Proposed Costs FY 2024‐2025 $2,193,343 $562,555 $1,269,219 $0
Change ($)($316,441)$45,800 $103,331 $0
Change (%)‐12.61% 8.86% 8.86%
Budgeted Costs FY 2023‐2024 $1,815,480 $189,113 $605,160 $0
Proposed Costs FY 2024‐2025 $1,325,235 $194,888 $623,640 $0
Change ($)($490,245)$5,775 $18,480 $0
Change (%)‐27.00% 3.05% 3.05%
Budgeted Costs FY 2023‐2024 $24,090 $1,606 $4,964 $0
Proposed Costs FY 2024‐2025 $15,400 $1,694 $5,236 $0
Change ($)($8,690)$88 $272 $0
Change (%)‐36.07% 5.48% 5.48%
Budgeted Costs FY 2023‐2024 $539,190 $0 $0 $0
Proposed Costs FY 2024‐2025 $570,774 $0 $0 $0
Change ($)$31,584 $0 $0 $0
Change (%)5.86% 0.00% 0.00%
Budgeted Costs FY 2023‐2024 $637,308 $0 $278,822 $0
Proposed Costs FY 2024‐2025 $725,330 $0 $317,332 $0
Change ($)$88,022 $0 $38,510 $0
Change (%)13.81% 0.00% 13.81%
COSTS COMPARISON BETWEEN
Fiscal Years 2023‐2024 and 2024‐2025
Supplemental Services ‐ Traffic Enforcement ‐ Day
General Law Enforcement Services
Investigative Services
Supplemental Reserve Services
School Resources Officer
Traffic Sergeant
Exhibit A: Page 3 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Budgeted Costs FY 2023‐2024 $284,858 $38,064 $126,322 $69,468
Proposed Costs FY 2024‐2025 $279,769 $41,389 $137,355 $75,536
Change ($)($5,089)$3,325 $11,033 $6,068
Change (%)‐1.79% 8.74% 8.73%8.73%
Budgeted Costs FY 2023‐2024 $0 $200,000 $0 $0
Proposed Costs FY 2024‐2025 $0 $200,000 $0 $0
Change ($)$0 $0 $0 $0
Change (%)0%
Total Budgeted Costs FY 2023‐2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782
Total Proposed Costs FY 2024‐2025 $17,898,214 $2,655,828 $8,478,103 $4,562,960
Change ($)$331,088 $188,561 $665,904 $368,178
Change (%)1.88% 7.64% 8.52%8.78%
Overtime
Operating Costs Of West Valley Substation
Exhibit A: Page 4 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Total Budgeted Costs FY 2023‐2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782
Adjusted Total Budgeted Costs ‐
Excluding Operating Costs of West
Valley Substation and Overtime FY 2024‐2025 $16,248,254 $2,229,203 $7,685,877 $4,125,314
Annual Allowable Increase Including
PERS 8.54% $1,388,028 $190,433 $656,576 $352,410
FY2024‐2025 Capped Costs $17,636,282 $2,419,636 $8,342,453 $4,477,724
FY2024‐2025 Operating Costs of West Valley Substation $279,769 $41,389 $137,355 $75,536
Overtime $0 $200,000 $0 $0
Total FY2024‐2025 Budget Cap $17,916,051 $2,661,025 $8,479,808 $4,553,260
FY 2024‐2025 Proposed Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960
Amount in Excess of or (Below Budget Cap)($17,837) ($5,197)($1,705)$9,700
FY 2024‐2025 Budget Cap
Exhibit A: Page 5 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Exhibit B:
Law Enforcement Contract
Calculation of Annual Compensation
To calculate the annual projected budget increase to this contract, the following shall
apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
1.Total compensation refers to the amount Santa Clara County Sheriff Department
provides for total compensation (salary and benefits) at top step for a 40-hour patrol
deputy.
2.At the subsequent July 1, the new total compensation amount (exclusive of PERS)
will be divided by the total compensation effective on the prior July 1 ( exclusive of
PERS), to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 2024/2025:
Base Year 2024/2025 costs = costs as shown in Exhibit A to
this Agreement.
Fiscal Years 2024/2025 through 2025/2026:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or Consumer Price
Index-Urban Wage Earners and Clerical Workers (CPVW) plus 2% (For
years in which compensation is increased in a multi-year contract, the
annual increase to law enforcement service costs shall be limited to the
average compensation increase for each year of the co ntract, not to exceed
CPVW plus 2% for each individual year.)
Plus
Percentage Change (Increase/Decrease) in Actual County PERS Costs
...
Exhibit B: Page 1 of 1
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05