10-035 Lehigh Southwest Cement Company, Traffic and Law Enforcement Services AGREEMENT BETWEEN LEHIGH SOUTHWEST
CEMENT COMPANY
AND
CITY OF CUPERTINO
The purpose of this Agreement between Lehigh Southwest Cement Company
( "Lehigh ") and the City of Cupertino ( "City ") is to supplement traffic enforcement
services on Stevens Creek and Foothill Blvd. between Hwy 280 and the west most city
limit line of Cupertino where it crosses Stevens Creek. The City will work with the Santa
Clara County Sheriff's Office to provide this supplemental service.
WHEREAS, the Sheriff's Office has the legal authority to provide law
enforcement services for the City by contract, and traffic enforcement services on the
roadways located in the City as well as the County roadways, and is equipped and willing
to do so by utilizing the Commercial Traffic Deputy as set forth in this Agreement;
WHEREAS, the Sheriffs Office is primarily responsible for providing law
enforcement services within City of Cupertino and currently funds the traffic position
assigned to this supplemental enforcement; and
WHEREAS the City and Lehigh would like to enter into an agreement to
supplement the traffic enforcement services of the Commercial Traffic unit who is
currently providing services in the City.
NOW, THEREFORE, the parties agree:
I. LAW ENFORCEMENT SERVICES
1. The Commercial Traffic Deputy will provide supplemental services to
Lehigh, as requested by the City during the period of May 1, 2010,
through May 1, 2011. The Traffic deputy will provide these supplemental
services exclusively within the City limits in Cupertino, concentrating on
the area outlined above.
2. These services may include traffic law enforcement beyond the basic
services, safety and load inspections, registration and compliance
violations, and other law enforcement related services that are acceptable
of being scheduled and within the capability of the Sheriff to provide on
the roadways.
3. The hours of coverage and other similar details shall be conducted in
conjunction with regular traffic duties applicable to the City, as paid for by
the City. Such enforcement will be tracked, and detailed reports of
violations and enforcement actions will be provided to Lehigh upon
request.
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II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
1. The cost of the Commercial Traffic enforcement supplemental services
during the period of May 1, 2010, through May 1, 2011, shall be $25,000.
This rate is based on the same rate that the City currently pays for Traffic
services. Lehigh shall pay the City in quarterly installments on May 1,
2010, August 1, 2010, November 1, 2010 and February 1, 2011.
2. The City of Cupertino currently funds a traffic deputy position (100% of a
full -time position). The purpose of this agreement is to supplement the
services provided by the Commercial traffic deputy. With the additional
funding of this position under this agreement, the Sheriff will authorize
that same traffic deputy will devote additional time to his or her
responsibilities and shall devote the extra time financed under this
agreement to traffic enforcement in the areas described above. Under this
agreement, Lehigh will provide funding toward the Traffic position in the
amount of $25,000 per year, and thus will receive an increased level of
service from the Traffic Deputy .
B. Law Enforcement Services
1. The provision of the Commercial Traffic Deputy services, the standards of
performance, the discipline of officers, and other matters incident to the
performance of such services shall remain in the discretion of the Sheriff.
2. In the event of a disagreement as to the performance or level of the
services to be provided, the Sheriff or his /her designee shall meet with the
representative(s) of Lehigh to review the manner of performance of such
services.
III. TERM OF AGREEMENT
This agreement shall be in effect from May 1, 2010, through May 1, 2011.
IV. TERMINATION
Either party may terminate this Agreement with thirty days notice in writing to
the other party.
V. NOTICES
Communications relating to this Agreement shall be in writing and shall be
delivered personally, sent by United States mail, first class postage prepaid, or by
private messenger or courier service:
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To the City Manager: David Knapp
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
To Lehigh Southwest
Cement Company: Henrik Wesseling
24001 Stevens Creek Blvd.
Cupertino, Ca. 95014
VI. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
CITY OF CUPERTINO (�
Date: y . O By:
David Knapp, ity Manager Cupertino
SANTA CLARA COUNTY SHERIFF'S OFFICE
/
Date: ?�PRrL 23 MO By: / / i36)
Captain Terry Calderone, Sheriffs Office
LEHIGH SOUTHWEST CEMENT COMPANY
Date: /1'h' 1 L 2?'" By: dA6fi/
Henrik Wesseling, Lehigh Southwest Cement Cori pany
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