Renewal through 2005RENEWAL AND AMENDMENT OF LAW ENFORCEMENT CONTRACT
BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO
The County of Santa Clara and the City of Cupertino parties to the "Law
Enforcement Contract" executed June 10, 1997, mutually agree to exercise the renewal
provision of Section VI "Term of Agreement" of that contract.
Therefore, the agreement will terminate June 30, 2005. The parties mutually
waive the 180-day notice period set forth in Section VI.
The parties further mutually agree that said contract is hereby amended to replace
Section II.A (regarding Compensation for Law Enforcement Services Provided by
Sheriff), paragraph 1, in its entirety with the following:
The City shall compensate the County utilizing the 2001-02 base rate established
for general law enforcement and county communications (hereinafter "law
enforcement"). The parties agree that annual increases to law enforcement service
costs shall be limited to the base rate times the percentage increase in total
compensation provided to all patrol deputies of the Sheriff s department as set
forth in a calculation formula agreed and attached hereto as "Exhibit B" and
incorporated herein by reference for the February to February Consumer Price
Index- Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San
Jose, CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPI/W")
plus 2%, whichever is less. These contractual costs maybe adjusted only one (1)
time per year to be effective at the start of each fiscal year on July 1.
The parties further mutually agree that said contract is hereby amended to replace
Section IV. (regarding hold harmless clause) in its entirety with the following:
In lieu of and not withstanding the pro rata risk allocation which might
otherwise be imposed between the Parties pursuant to Government Code
Section 895.6, the Parties agree that all losses or liabilities incurred by a
party shall not be shared pro rata but instead the County and City of
Cupertino agree that pursuant to Government Code Section 895.4, each of
the parties hereto shall fully indemnify and hold each of the other parties,
their officers, board members, employees and agents, harmless from any
claim, expense or cost, damage or liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of the negligent
acts or omissions or willful misconduct of the indemnifying party, its
officers, board members, employees or agents, under or in connection with
or arising out of any work, authority or jurisdiction delegated to such party
under this Agreement. No party, nor any officer, board member,
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JUN 0 4 2Q02
DUPLICATE ORIGINAL
employee or agent thereof shall be responsible for any damage or liability
occurring by reason of the negligent acts or omissions or willful
misconduct of other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to such other parties under this
Agreement.
There are no other changes in the Agreement and all other contract provisions will remain
in full force and effect.
COUNTY OF SANTA CLARA
1 4 d b , "a. de
~S iTw°P'
Date
ATTEST: Phyllis Perez, Clerk
Board f Supervisors
~~
By `
Donald F. Gage, Chairperson, and Supervisors
Ann Sloan
Chief Deputy Clerk
of the Board of
Supervisors
ROVED A TO ORM AND LEGALITY
Shivaun Nurre, Deputy County Counsel
CITY OF CUPERT O
Date 7~a 9 a: C ~~ GI ~ rk
By
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City Manager
APPROVED AS TO FO LEGALITY
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