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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, 1 of 2 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 ~. 2{.02 City Manager APPROVED AS TO FO LEGALITY 2 of 2