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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. 1 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: 2 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 3