11-042 Agreement, Lehigh Southwest Cement Plant 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 Steven Creek Boulevard. The City will work with the Office of the
Sheriff, 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 Sheriff's 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:
1. 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, 2011, through
May 1, 2012. 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's Office 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 recorded 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's Office
1. The cost of the Commercial Traffic enforcement supplemental services during
the period of May 1, 2011, through May 1, 2012, shall be $25,000 per year.
This rate is based on the same rate that the City currently pays for traffic
enforcement services. Lehigh shall pay the City in quarterly installments on
the first day of May, August, November and February.
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's Office 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 axeas 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
Commercial Traffic Deputy.
B. Law Enforcement Services
1. The provision of the Commerc ial 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, 2011, through May 1, 2012.
IV. TERMINATION
Either party may terminate this Agreement with thirty (30) 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 Cupertino City Manager: David Knapp
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
To Lehigh Plant Manager: Henrik Wesseling
Lehigh Southwest Cement Company
24001 Stevens Creek Blvd.
Cupertino, CA 95014
VI. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
Apc oved as to form:
CITY OF CUPERTINO • , i
Date: 6 S. t ( By: ,AL______c
David Knapp, City Manager, Cupertino
OFFICE OF THE SHERIFF, SANTA CLARA COUNT,
Date: .1�/ By: 4 , /4
Peer . - ssistant Sheriff, Sheriff's Office
LEHIGH SOUTHWEST CEMENT COMPANY
0��, !f � / B
Date: 4- 15' -20h By: c____LTh
Henrik Wesseling, Plant Manager Lehigh
Southwest Cement
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
�tr 4.t. 1 9'r r TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
May 9,2011
Henrik Wesseling
Lehigh Southwest Cement Company
24001 Stevens Creek Boulevard
Cupertino, CA 95014
Re: Agreement for Law Enforcement Services
Enclosed for your records is a fully executed copy of the Agreement between Lehigh Southwest Cement
Company and the City of Cupertino on Law Enforcement Services. If you have any questions or need
additional information, please contact the City Manager's office at (408) 777 -3212
Sincerely,
Kirsten Squarcia
City Clerk's Office
enclosure
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
4 1. I9 s TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
�
WEBSITE: www.cupertino.ora
CUPERTINO
May 9,2011
Peter Rode, Assistant Sherriff
Office of the Sherriff, Santa Clara County
55 West Younger Avenue
San Jose, CA 95110
Re: Agreement for Law Enforcement Services
Enclosed for your records is a fully executed copy of the Agreement between Lehigh Southwest Cement
Company and the City of Cupertino on Law Enforcement Services. If you have any questions or need
additional information, please contact the City Manager's office at (408) 777 -3212
Sincerely,
Kirsten Squarcia
City Clerk's Office
Enclosure