04 - April 10, 2025 - Residential Burglaries
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: April 10, 2025
To: Cupertino City Council
From: Parks and Recreation Department
Re: Residential Burglaries
Background
At the March 18, 2025 City Council Meeting, Mayor Chao requested an informational
memo with the public safety report, sheriff’s contract, and information about what steps
have been taken by the sheriff's office.
Attached you will find the February 2025 public safety report, an email response from
the Sheriff’s office regarding steps taken, and the current Sheriff's contract with the City
of Cupertino. More information can also be found on the city's crime dashboard.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Rachelle Sander, Director of Parks and Recreation
Reviewed and approved by: Pamela Wu, City Manager
Attachments:
A – Cupertino Public Safety Report 2025-02
B – Public Safety Commission Written Comms Sheriff Response
C – Current Sheriffs Contract
City of Cupertino
February 2025
Statistical Data and
Public Safety Report
Office of the Sheriff
County of Santa Clara
ATTACHMENT A
Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Tme Time Calls Target
Time
1 7.81 6 5 4.96 6 5 4.45 13 5 7.64 8 5 4.41 6 5 7.61 11 5 5.00 8 5 3.65 11 5 0.92 3 5 9.90 3 5 7.11 4 5 8.10 1 5 5.96 80 5
2 6.77 345 9 9.84 355 9 8.15 386 9 7.60 328 9 7.36 336 9 7.33 369 9 7.68 381 9 9.26 379 9 4.30 425 9 6.92 478 9 6.16 461 9 5.84 424 9 7.27 4667 9
3 14.03 242 20 13.22 220 20 13.55 291 20 14.42 242 20 14.42 241 20 15.31 286 20 13.40 291 20 11.64 289 20 5.40 401 20 5.66 378 20 6.54 314 20 6.44 292 20 11.17 3487 20
Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time
1 7.38 6 5 5.67 6 5 5.47 2 5 4.41 3 5 6.95 1 5 5.16 4 5 4.63 2 5 3.68 2 5 8.10 2 5 5.44 4 5 9.12 3 5 12.72 1 5 6.56 36 5
2 5.99 446 9 5.68 437 9 6.13 476 9 6.02 430 9 5.93 457 9 5.90 521 9 5.80 534 9 6.63 499 9 6.73 492 9 6.56 478 9 6.13 431 9 6.62 476 9 6.18 5677 9
3 7.22 308 20 7.55 242 20 7.57 294 20 7.24 296 20 7.66 366 20 8.04 347 20 6.61 328 20 5.53 356 20 6.45 322 20 7.40 312 20 5.85 264 20 5.98 254 20 6.93 3689 20
Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time Time Calls Target
Time
1 2.48 1 5 3.10 4 5 5 5 5 5 5 5 5 5 5 5 2.79 5 5
2 5.66 494 9 5.62 414 9 9 9 9 9 9 9 9 9 9 9 5.64 908 9
3 5.96 317 20 6.87 300 20 20 20 20 20 20 20 20 20 20 20 6.42 617 20
Response Times for Cupertino
2023 - 2025
Cupertino 2023
Priority
January February March June October November Target
Time
Cupertino 2024
Priority
January February
July August SeptemberAprilMay Avg
Time
Total
Calls
December Avg
Time
Total
Calls
November
December
Cupertino 2025
March April May June July August September October Target
Time
July August
Priority
January February March Target
Time
September October NovemberApril Avg
Time
December Total
Calls
May June
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 1 3 3 2 1 1 2 1 0 0 6 2 22
2024 3 0 5 0 2 3 3 5 0 9 1 2 33
2025 1 2 3
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 11 4 9 6 4 3 3 8 8 4 5 3 68
2024 9 6 4 6 10 4 4 9 5 4 10 7 78
2025 13 7 20
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 9 6 5 4 10 15 12 12 6 5 14 11 109
2024 7 10 8 9 7 7 4 6 14 5 2 1 80
2025 7 8 15
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 13 20 10 9 4 7 8 10 7 4 3 14 109
2024 8 11 5 8 11 14 18 13 2 5 11 6 112
2025 17 26 43
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 12 11 19 12 7 23 8 11 6 5 12 7 133
2024 15 14 4 7 11 12 10 9 11 13 5 16 127
2025 6 13 19
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 3 5 2 4 3 2 3 4 2 7 5 1 41
2024 3 0 3 1 2 5 4 6 2 2 1 0 29
2025 1 1 2
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 10 3 7 5 9 11 7 6 11 5 2 2 78
2024 2 7 5 6 4 3 3 7 6 6 5 4 58
2025 8 5 13
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 11 15 11 17 10 13 17 8 19 15 16 6 158
2024 19 12 12 15 16 25 15 15 18 11 11 15 184
2025 16 10 26
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 5 3 2 6 2 7 4 6 2 2 6 6 51
2024 2 8 3 6 5 3 7 5 1 5 2 2 49
2025 3 1 4
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 3 5 3 7 4 4 5 5 8 1 0 3 48
2024 3 1 2 1 4 2 5 4 2 4 4 3 35
2025 3 4 7
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 0 1 4 1 1 3 4 0 2 2 2 0 20
2024 0 0 1 4 2 0 1 0 2 2 0 1 13
2025 3 1 4
Burglary,
Residential 4590
Robbery 2110 2115
City of Cupertino
Page 1Public Safety Report
Selected Crimes
Burglary,
Commercial 4591 4592
Burglary,
Vehicle 4593
Auto Theft 4703
Grand Theft 4870
Identity Theft
Forgery
Fraud
4700 4702
Vandalism 5940 5941
Sex Crimes
2610 2615
2880 2885
2890 2895
Domestic
Violence 2430 2730
Simple &
Aggravated
Assaults
2400 2401
2402 2403
2404 2405
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 6 11 13 22 7 9 10 11 9 4 9 9 120
2024 8 16 9 20 8 10 11 11 14 15 49 22 193
2025 23 24 47
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 6 8 6 3 6 5 4 2 5 4 1 3 53
2024 3 5 13 3 6 4 8 2 10 6 7 2 69
2025 5 13 18
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 39 58 49 44 60 88 76 91 109 97 56 53 820
2024 81 106 99 55 88 92 55 81 54 64 48 40 863
2025 82 89 171
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 4 2 1 2 0 2 3 4 2 4 2 1 27
2024 1 3 3 0 3 2 6 1 1 1 3 1 25
2025 2 1 3
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 3 1 1 2 7 3 6 3 5 4 3 3 41
2024 3 8 2 1 1 0 2 1 2 3 6 1 30
2025 6 5 11
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 3 7 6 8 8 9 10 20 7 10 8 9 105
2024 15 12 15 8 6 13 3 8 10 16 13 7 126
2025 11 9 20
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 1 0 0 0 1 0 0 0 1 0 0 0 3
2024 1 0 2 0 0 1 0 0 0 0 2 0 6
2025 1 3 4
Speeding
Citations 8305
City of Cupertino
Page 2Public Safety Report
Traffic Related Activity – Patrol Units
Moving
Violations 8300
Other
Citations
8310 8315 8320
8325 8330 8335
Accidents,
DUI 8050 8055 8060
Accidents,
Injury
8000 8005 8030
8035
Accidents,
Property
Damage
8010 8015 8020
8025 8040 8045
DUIs 8500 8505 8510
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 193 103 135 90 134 126 64 84 97 99 127 84 1336
2024 77 163 192 199 176 104 133 119 90 175 97 27 1552
2025 277 344 621
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 38 16 19 21 84 55 93 57 52 50 51 34 570
2024 17 63 33 57 50 31 41 37 17 94 71 59 570
2025 55 152 207
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 152 71 85 134 120 78 62 77 131 89 91 73 1163
2024 75 61 151 158 150 149 180 97 69 102 52 28 1272
2025 117 151 268
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 1 0 0 0 0 1 0 0 0 0 0 0 2
2024 0 0 0 0 0 0 0 0 0 0 0 0 0
2025 0 0 0
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 4 3 5 2 3 5 7 8 4 5 3 1 50
2024 5 2 6 2 6 9 5 3 2 4 3 3 50
2025 3 2 5
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 25 27 29 12 18 24 26 20 15 21 19 18 254
2024 19 10 20 16 25 24 25 19 19 17 11 15 220
2025 18 16 34
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 0 0 0 0 0 0 0 0 1 0 0 0 1
2024 0 0 0 0 2 0 0 0 0 0 0 0 2
2025 0 0 0
Speeding
Citations 8305
City of Cupertino
Page 3Public Safety Report
Traffic Related Activity – Traffic Units
Moving
Violations 8300
Other
Citations
8310 8315 8320
8325 8330 8335
Accidents,
DUI 8050 8055 8060
Accidents,
Injury
8000 8005 8030
8035
Accidents,
Property
Damage
8010 8015 8020
8025 8040 8045
DUIs 8500 8505 8510
Code Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 199 114 148 112 141 135 74 95 106 103 136 93 1456
2024 85 179 201 219 184 114 144 130 104 190 146 49 1745
2025 300 368 0 0 0 0 0 0 0 0 0 0 668
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 44 24 25 24 90 60 97 59 57 54 52 37 623
2024 20 68 46 60 56 35 49 39 27 100 78 61 639
2025 60 165 0 0 0 0 0 0 0 0 0 0 225
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 191 129 134 178 180 166 138 168 240 186 147 126 1983
2024 156 167 250 213 238 241 235 178 123 166 100 68 2135
2025 199 240 0 0 0 0 0 0 0 0 0 0 439
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 5 2 1 2 0 3 3 4 2 4 2 1 29
2024 1 3 3 0 3 2 6 1 1 1 3 1 25
2025 2 1 0 0 0 0 0 0 0 0 0 0 3
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 7 4 6 4 10 8 13 11 9 9 6 4 91
2024 8 10 8 3 7 9 7 4 4 7 9 4 80
2025 9 7 0 0 0 0 0 0 0 0 0 0 16
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 28 34 35 20 26 33 36 40 22 31 27 27 359
2024 34 22 35 24 31 37 28 27 29 33 24 22 346
2025 29 25 0 0 0 0 0 0 0 0 0 0 54
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
2023 1 0 0 0 1 0 0 0 2 0 0 0 4
2024 1 0 2 0 2 1 0 0 0 0 2 0 8
2025 1 3 0 0 0 0 0 0 0 0 0 0 4
Speeding
Citations 8305
City of Cupertino
Page 4Public Safety Report
Traffic Related Activity – Patrol and Traffic Units Combined
Moving
Violations 8300
Other
Citations
8310 8315 8320
8325 8330 8335
Accidents,
DUI 8050 8055 8060
Accidents,
Injury
8000 8005 8030
8035
Accidents,
Property
Damage
8010 8015 8020
8025 8040 8045
DUIs 8500 8505 8510
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL
Injury (8000, 8005)9 7 16
Property Damage (8010)23 15 38
Accident, No Details (8015)0 0 0
Bike / Pedestrian (8020, 8025)1 1 2
Hit & Run - Injury (8030, 8035)0 0 0
Hit & Run - Property Damage (8040)4 8 12
Hit & Run - No Details (8045)1 1 2
DUI - Injury (8050, 8055)0 0 0
DUI - Property Damage (8060)1 3 4
TOTAL ACCIDENTS 39 35 0 0 0 0 0 0 0 0 0 0 74
37.0
West Valley Patrol Accidents
Cupertino
February 2025
35
0 0 0 0 0 0 0 0 0 0
0
5
10
15
20
25
30
35
40
45
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
From:Valenzuela, Neil
To:Rachelle Sander
Subject:FW: Public Safety Commission - questions
Date:Wednesday, March 19, 2025 1:41:12 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and
know the content is safe.
From: Valenzuela, Neil
Sent: Monday, March 17, 2025 12:46 PM
To: Jay S <jayshrisharma@gmail.com>
Cc: Marta Drown <martad@cupertino.gov>; Flores, Shawn <Shawn.Flores@shf.sccgov.org>
Subject: RE: Public Safety Commission - questions
Hi Jayshri,
Your email was forwarded to me by the Public Safety Commission to address your questions-
1.What measures has the police department taken to address the rise in burglaries
We (the Sheriff’s Office) are the police department with the City of Cupertino. We recognize
that there have been some recent burglaries in Cupertino, Saratoga, Los Altos and Los Altos
Hills.
We have used out analyst to provide known times of burglaries and have taken the steps to
increase our patrol presence, in order deter any crimes, respond to residential alarms and
conduct patrol checks.
Additionally, we have been working with the City and Marta Drown; in order to ramp up our
Neighborhood Watch groups in Cupertino. Active and involved Neighborhood Watch Groups
usually do well in deterring any crime in their areas.
ATTACHMENT B
2.Has there been increase in police patrols or surveillance
Yes, we have added additional patrol deputies, and we are currently working with the City with
the implementation of Automatic License Plate Readers (ALPRs).
ALPRs have been effective in reducing crime in the Town of Los Altos Hills and City of Saratoga,
we hope to have similar success within the City of Cupertino.
3.How many arrests have been made in connection with the burglaries and car break ins in
Cupertino
Our Deputies and Detectives have made several great arrests over the past months.
Just a few examples are one of our Deputies responded to a residential burglary alarm and
located 2 suspects fleeing from the house in Cupertino. Our Deputy was involved in a pursuit
with the individuals all the way up to the City of Fremont, where we successfully arrested the
individuals for residential burglary.
Another great case is when our deputies were dispatched to an area in Cupertino of a
suspicious vehicle. Deputies determined these individuals had broken into several vehicles in
the area. Deputies arrested these individuals for multiple counts of auto burglary.
And lastly, one of deputies obtained a DNA sample at a residential burglary and successfully
identified three individuals involved in over 24 residential burglaries in Cupertino, Saratoga,
and San Jose. These individuals have been arrested and facing multiple charges of residential
burglaries.
4.Is there a dedicated task force or special unit handling these cases
We currently have a dedicated task force for retail crime. Our deputies working on burglary
suppression are often referred to “BATS” (Burglary and Theft prevention team).
We also have 4 dedicated Detectives to the City that conduct follow-up and processing of
evidence.
5.Streets with neighborhood watch and signs posted on their streets are also being burglarized.
What else is left to be done by the residents.
I understand the frustration and can be happy to discuss more in person. We need to get the
message out to activate alarms and installing shatter alarms or defending the rear-sliding glass
door, since this the most common method of the break-in. Also reporting suspicious vehicles
(vehicles left running or driving back and forth with the lights out) and suspicious persons,
knocking on doors, asking for directions of other information.
Please feel free to reach out to me or the Public Safety Commission for any further follow up – I also
recommend you come to one of the Public Safety Meetings.
From: Jay S <jayshrisharma@gmail.com>
Sent: Thursday, March 13, 2025 5:03 PM
To: City of Cupertino Public Safety Commission <publicsafetycommission@cupertino.gov>
Subject: Public Safety Commission - questions
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender
and know the content is safe.
Hi Team,
I have been a resident of Cupertino for the past 18+ years and live in a very safe and beautiful neighborhood
of Cupertino. But safety is no longer an attribute of Cupertino anymore.
I was a victim of house burglary 6 months ago with over 25k of loss and many homes round me have also
been the victim of burglaries and car breaks ins.
1) What measures has the police department taken to address the rise in burglaries
2) Has there been increase in police patrols or surveillance
3) How many arrests have been made in connection with the burglaries and car break ins in
Cupertino
4) Is there a dedicated task force or special unit handling these cases
5) Streets with neighborhood watch and signs posted on their streets are also being burglarized.
What else is left to be done by the residents.
Nextdoor has posts every day of burglaries and breaks ins and doesn’t seem like anything is being
done.
Thanks
Jayshri Yadwadkar
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iscAt 2/eAr 1997 - 1998
Caunty of SAntA C,IArA
Vffice of the Sheriff
Meld vperAt~ans ~ureAu
ATTACHMENT C
PLAN OF SERVICE DELIVERY
Part I, Section A.3 of the Law Enforcement Contract between the County
of Santa Clara and the City of Cupertino provides that the Sheriff shall develop
a Plan of Service which shall be reviewed and mutually agreed upon by the City
and the Sheriff. This Law Enforcement Services Plan is developed to satisfy
these provisions of the Law Enforcement Contract.
R~cnonsibility
Under the Contract, it is the responsibility of the Sheriff to provide serv-
ices to the City, in accordance with this plan. The Sheriff is solely responsible
for the administration and supervision of all such services provided under the
Contract.
During the term of this agreement, the City agrees not to contract with or
purchase from any other entity, public or private, for law enforcement services
without the express consent of the Sheriff.
EService Levels
Service levels referred to herein are determined by the amount of hours
reported to be provided and charged to the City under the terms of the Contract
in each of the service categories of General Law Enforcement, Investigative
Services and Supplemental Services. General Law Enforcement includes the
patrol of established beats and response to emergency calls and other calls for
service.
Plan off P
The patrol established beats will be provided for by the assignment to spe-
cific geographical areas of the City by Sheriff's patrol units.
Beat responsibility maps will be provided to the City as updating occurs.
Plan of Service Delivery -Page 2
FY 1997 - 1998, City of Cupertino
Based on the current Deputy Sheriff's Association Contract, the Sheriff's
Field Operations Division, Patrol Section, employs a ten hour workday for its
sworn personnel.
Patrol hours will be conducted with marked patrol units, unmarked patrol
units, and motorcycles distributed by the Westside Commander as to the shifts,
hours, and days of the week to fulfill the contract.
During the school year, two deputies to work 10 hours a day, 4 days a
week, to perform duties as mutually agreed upon as liaison to elementary and
high schools. During summer recess, one deputy will be reassigned to other
duties.
Average response times for FY 1997 - 1998
Priority 1: 4.12 min
Priority 2: 8.96 min
Priority 3: 19.91 min
Goals for 1997 - 1998
5 min
9 min
20 min
Priori 1: A life endangering situation or major felony that requires
immediate Sheriffs Office response to preserve life or apprehend the
responsible and/or that, due to its nature, requires the widest possible search
for recommended units or requires that all channel dispatchers be made aware
of the incident.
Prior itv 2: Any crime against a person that does not require a priority 1
and is either occurring or has occurred within the past 15 minutes or less or
any property crime that occurred within the last 10 minutes or less, or any
non-crime situation where delayed response leads to a potential danger/hazard
to the public.
Plan of Service Delivery -Page 3
FY 1997 - 1998, City of Cupertino
Priority 3: Any crime which exceeds the time limits of priority 2 (more
than 15 minutes for crimes against persons or more than 10 minutes for
crimes against property) or other situations which requires the response of a
Deputy Sheriff in a timely manner.
Priori 4: Any call for service that does not require a timely response
by a Deputy Sheriff.
Average response time has some value in weighing the issue of the number
of patrol units assigned to an area. The average response time is affected by
several factors:
1. The elapsed time from when the call is received by County Communi-
cations until it is dispatched to a patrol unit.
2. Need for an immediate response based on initial reported information.
3. Unit availability during peak time periods.
4. Call stacking by priority/nature of reported information.
Investigative Services.
The initial case investigative responsibility for all reported crimes, misde-
meanor and felony, is with the responding patrol officer. The length and/or
depth of his initial investigation depends on the time availability of the patrol
officer. Cases requiring extensive follow-up investigation are routed to the De-
tective Section or assigned to appropriate beat units.
Investigative services to the City of Cupertino will be provided by the
Technical Services Bureau, Investigative Services Division. The Investigative
Services Division, organized by investigative case specialization, investigates
most felony and certain serious misdemeanor crime reported to the Sheriff's
Department on a weighted case management basis. The Patrol Section conducts
follow-up into misdemeanor and traffic investigations by case assignment to
appropriate beat units .
Plan of Service Delivery -Page 4
FY 1997 - 1998, City of Cupertino
All reported felony and certain serious misdemeanor cases are assigned to
an investigator for control purposes. Those cases showing no solvable case
characteristics are case controlled and monitored by an assigned investigator,
assisted by appropriate beat units.
Every reported felony or serious misdemeanor case cannot be successfully
investigated to a conclusion. Those cases which indicate appropriate character-
istics are focused upon so as to maximize the use of investigative time and cost.
Traffic investigations shall be handled by the two investigators assigned to
the Westside Station. These charges are now included in the Westside Station
overhead and shared by the three contract cities and the unincorporated areas
based on percentage of total general enforcement hours.
The Patrol Section, in fulfilling its responsibilities, provides other services
to the City as needed to meet its commitments. Specialized services available to
the City include:
Hostage Negotiations Unit
Sheriff's Emergency Response Team
Underwater Recovery Unit
Search and Rescue Unit
Narcotics Unit
Criminal Intelligence Unit
Canine Unit
including narcotics dogs)
Bomb Unit
ordinance)
Coordinating agency and providing logistics for
Auto Theft Task Force
Plan of Service Delivery -Page 5
FY 1997 - 1998, City of Cupertino
Sexual Predators Task Force
Domestic Violence Task Force
Although such units are not routinely used, their existence enhances the
capabilities of the Patrol Section in its delivery of services.
Special events which are mutually identified by the Sheriff and the City
shall be charged at the actual cost of the event.
Cost recovery of unanticipated special events, requiring significant in-
creases in service provided to the City, shall be negotiated by the Sheriff with
the City Manager.
For fiscal year 1997 - 1998, the amount of service (chargeable hours)
anticipated by category is shown in Appendix A.
The 1997 - 1998 hourly rate shall remain in effect until July 1, 1998 .
Hourly rates will be provided in Appendix A. The new Appendix A shall be
delivered to the City in accordance with Section II of the Law Enforcement
Master Contract.
For the provisions of service during the 1997 - 1998 fiscal year, the
following priorities and objectives are established. Sheriff and City agree to
follow these priorities and pursue the objectives.
1. Maintenance of Average Response Time
Maintain the annualized average response time for priority 1 and 2
calls for services at or below 7 minutes.
Plan of Service Delivery -Page 6
FY 1997 - 1998, City of Cupertino
2. Monitor Serious Crime
The Sheriff shall monitor the incidence of serious crime within the
City by reporting districts and will:
a. Focus additional patrol in areas of significantly higher activity in an
effort to reduce such incidence level; and
b. Report to the City such developments, including recommendations
on measures to reduce these levels.
3. Review of Priorities and Objectives
Review, on a quarterly basis, or as otherwise desired, priorities
and objectives with the City or its representative.
The above Plan of Service for 1997 - 1998 is hereby approved. It is the
intent of the Sheriff to provide services according to this Plan, subject to the
terms and conditions of the Law Enforcement Contract. It is the intent of the
City to render full cooperation and assistance to the Sheriff in providing the
services called for and in meeting the priorities and objectives set forth herein.
Cha les P. Gillingh m
Sheriff
Date ~ +l ( ~-
i
By ~
onald Brown
City Manager
Date
LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referrod to
as "County," and the City of Cupert i t10 ,State of California, hereinafter referred to as "City."
WHEREAS, County has the legal authority to render law enforcement services and criminal justice
administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the
extent and in the manner hereinafter provided; and
WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is
desirous of contracting with the County for the rcndition of such services; and
WHEREAS, County and City desire to enter into an agreement providing for said services, specifying the
nature and extent thereof and establishing compensation to be paid therefore;
NOW, THEREFOREt the parties here to agree as follows:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the corporate limits of City, County shall provide police protection through its Sheriffs
Department as may be required by City and as within the capability of the Sheriff to provide. Services to
be performed under this Section A include patrol of established beats, responses to emergency calls,
investigative services, and other law enforcement services. The cost of such services shall be set forth in
Exhibit B attached.
2. The rendition of such 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.
3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to
this Section A, the Sheriff or his designee shall meet with the representative(s) of City to review the
manner of performance of such services.
B. Supplemental Services
1. Within the corporate limits of City, County shall, through its Sheriffs Department, provide supplemental
services as requested by the City, the cost of such services shall be at the rate set forth in Exhibit A.
Services to be performed under this Section B shall be provided exclusively within the City limits of City
except in as emergency. These services may include, if requested by City, traffic law enforcement beyond
the basic services, crime prevention patrols, and other law enforcement services that are capable of being
scheduled and within the capability of the Sheriff to provide,
2. The plan of patrol, the hours of coverage and other similar details shall be determined. insofar as it is
possible to do so, by the mutual consent of the Sheriff and the City Manager of City.
3. The level of requcsted supplemental services shall be determined by mutual written agreement between the
County and the City prior to the beginning of the fiscal year. The agreed upon level of supplemental
service shall remain constant in the fiscal year, except upon sixty (60) days written notice by either party.
City may, at any time during the term of this contract, request supplemental service from the Sheriff for a
specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to
this agreement and shall provide for the type, cost, level and time of such services.
JUN 1 0 1991
C. Supplemental Reserve Services
These services are provided by reserve deputy sheriffs. Their primary responsibility is the patrolling of the
pazks within City, the transportation of arrestees from the arrest location to the appropriate jail facility, and
additional services as requested by City and approved by the Sheriffs Department.
D. Plan for Service
1. Frior to April of each contract year City shall provide to the Sheriff a written statement of the level of law
enforcement service to be provided during the coming contract year. If City fails to request a specific level
of service for the coming fiscal year not less than thirty (30) days prior to the start of the fiscal year,
County may provide the same level of service as was provided during the previous fiscal year, but for a
period of time not to exceed 30 days.
2. In April of each contract year, City and Sheriff shall develop a plan which specifies the level and amount
of services to be provided in the ensuing fiscal yeaz.
E. Assignment and Transfer Policy
Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein
described shall be assigned to City for a period of not less than three years except when a person is reassigned
because of promotion or layoff, because a transfer is requested by the individual, or by the City and conctured in by
the Sheriff.
Special Assignment personnel (e.g. SRO) shall be assigned to City for a period of not less than flue years
except when a person is reassigned because of promotion or layoff. because a transfer is requested by the individual,
or by the City and concurred in by the Sheriff.
F. Designation of Chief of Police
If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or
limits City from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of
Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not
affect the authority of the Sheriff to control and direct employees of his department in carrying out duties and
obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement.
G. Disaster Contingency Plan -
1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in City.
a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services
City Manager).
2. Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available.
3. A predesignated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible
to respond to the Emergency Operations Center and coordinate law enforcement responsibilities.
4. The predesignated Emergency Operations Center liaison officers maintained on the active call list shall be
available to the Director of Emergency Services.
S. Responsibility for personnel instruction and any specialized training in the Emergency Opetations Center
shall be provided by City.
H. Criminal Justice Administrative Fee
County shall provide booking and processing services to those arrested persons within the Corporate limits
of City, and who aze brought to the County jail for booking or detention as set forth in a sepazate agreement.
I. Communication Services
The County shall, through its Communication Department, provide for emergency communication services
in support of the Sheriffs Department and City's operations. Services will include 24 hour per day 9-1-1 telephone
answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing
departmental operational procedures.
II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
1. The City shall compensate the County utilizing the 1997-98 base rate established for general law
enforcement and county communications thereinafter "law Pnforcement"). 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, or the March to
March Consumer Price Index -for San Francisco/Oakland/San Jose -for the Urban Wage Earners
hereinafter "CPI/W") plus 2%, whichever is less. These contractual costs may be adjusted only one (1)
time per year to be effective at the start of each fiscal yeaz on July 1.
2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, City
or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the
plan of services for the balance of the fiscal year. City or Sheriff shall review any such proposed
modifications but is not obligated to approve them. If City does not approve them, the Sheriff is not
obligated to provide such services over and above the level of services provided in the plan. City is not
obligated to pay for services in an amount greater than the total that has been approved in the plan.
3. In those years during which a contract is to be negotiated between the County of Santa Clara and the
Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this
agreement, the County shall utilize the CPI/W plus 296 for computation of said increases. County will
subsequently notify City of any increases in rates resulting from the new contract terms, within thirty (30)
days of the date of such contract resolution, and if such increase is less than that computed under the CPI/W
plus 29'0, the amount of said contract for that year will be adjusted accordingly with the decrease retroactive
to July 1 of that contract year.
4. County shall specify to Ciry, not less than sixty (a7) days prior to the start of City's fiscal year the new
projected budget annual contract amount.
5. 1. City shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the
City. Activity and Patrol time include those categories identified as Codes 671 through 674, 682, 846 and
847c. Additionally, County shall chazge city for meal periods, "beat preparation" time, and "securing from
beat" time at the rate of ten percent (1096) of the above-referenced hours.
2. "Activity" and "Patrol"' times aze identified through the County Patrol Activity Network Analysis
COPANA) and Patrol Activity Report (PAR). A listing of items and their designations as "Activity" or
Patrol" are to be set forth in the attachment to the yeazly plan for service.
6. If the annual increase related to compensation for law enforcement services exceeds CPI/W plus 29o in any
contract year, the parties shall agree to enter into negotiations for the sole purpose of arriving at a mutually
agreed upon alternative.
B. Supplemental/Reserve Service
1. Compensation for all services within Sections I.A.. B. and C. to be tendered pursuant to this agreement
shall be based upon one of the following five (5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriffs patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of operating cone-person Sheriffs
vehicle during periods when the night shin differential salary increment is not payable to the deputy who
operates the vehicle.
c. Supplemental Night Rate. This rate is calculated according to the cost of operating cone-person Sheriffs
vehicle during periods when the night shift differential salary increment is payable to the deputy who
operates the vehicle.
d. Supplemental Reserve Ratc. This rate is calculated according to the cost ofoperating atwo- person Restive
Deputy Sheriffs vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an
investigator's time.
2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above
and specified in Exhibit A.
C. Operating Costs of Westside Substation
1. City and County shall share the costs of operating the Westside Substation as follows:
a. The City's share of the operating cost will be based upon the 1997-98 base rate established for Westside
Substation operation costs .The parties agree that annual increases shall be limited to the base rate times
the March to March Consumer Price Index -for San Francisco/Oakland/San Jose -for the Utban Wage
Earners (hereinafter "CPI/W") plus 2%, These costs may be adjusted only one (1) time per year to be
effective at the start of each fiscal year on July 1
b. City shall pay to County monthly that portion of the substation operating costs attributable to City. Any
change to the location of the substation, or the cost of the facility over and above the contract language as
set forth in II.C.I.a., shall be mutually agreed to by the parties to this agreement.
c. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent,
janitorial services, minor repairs, and utilities.
d. Prorata share to City for substation costs will not be changed during the term of this agreement due to the
loss of any contracting city unless mutually agreed to by the remaining parties to the agreement.
B. Compensation for Criminal Justice Administrative Services
The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470.
C. Method of payment for all Services
Compensation for all services shall be paid by City to County in the following manner:
1. The City shall pay to County an amount equal to one-twelfth of the annual projected budget amount in
Exhibit B. First payment is due on the tenth day following the last day of each month of the contract yeaz.
2. Adjustment to the law enforcement annual projected budget-amount shall be performed on an annual basis
as follows:
a. The difference between the actual cost of police services for the previous twelve months, as shown by the
COPANA report and the amount actually paid by City to County for the previous yeaz's services shall be
added to, or subtracted from, the annual amount paid.
b. Other police services not included in COPANA Reports shall be reconciled annually for those specific
services.
3. Payments, or any portion thereof, not made by City to County within thirty (30) days of the due date shall
accrue interest at the rate often percent (l Og'o) per annum until paid. Interest so accrued shall be payable to
County on the last day of the month in which it accrued.
4. By September 30 following the end of the contract year, County shall provide to City the COPANA report
for the entire contract yeaz. If the amount actually paid by City to County exceeds the cost of law
enforcement services and operating costs of Westside Station as set forth in the COPANA report, County
shall pay to City the amount of such excess by October 1 following the end of the contract yeaz.
Within twenty-one (21) days of receipt of such final COPANA report, City shall pay to County the full
amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract
yeaz, exceeds the amount actually paid by City for such services. For purposes of calculating the final
amount due to County from City, City's credit for the amount actually paid by City shall not include any
interest paid by City due to late monthly payments.
III. REPORTS
A. Monthly Reports
1. County shall provide to City on a montltly basis report(s) on the incidence of crime and "activity" and
patrol "hours expended within City. Said report(s) shall differentiate between "law enforcement services"
and "supplemental services,' and shall be in a format as agreed upon between County and City
2. County shall provide such month end reports to City within thirty (30) days of the last day of that month.
3. By September 30 following the end of the contract yeaz, County shall provide to City the COPANA report
for the entire contract year.
4. Special additional reports requested by City may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the City, its officers, agents and employees from
any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties
and obligations of the County and its employees set forth in this agreement.
B. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from
any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties
and obligations of the City and its employees set forth in this agreement
V. INSURANCE AND LIABILITY
County and City shall each maintain its own liability insurance coverage, through self-insurance or
otherwise, against any claim of civil liability arising out of the performance of this agreement.
VI. TERM OF AGREEMENT
This agreement shall become effective on July 1, 1997, and may be terminated without cause by County or City
upon the giving of ninety (90) days written notice of such termination to the other party. In the absence of such
notice of termination, this agreement shall be effective for a term of sixty (60) months until June 30, 2002, subject
to any modifications which are made in accordance with the terms and conditions of this agreement.
At the expiration of this five (5) year contract, this contract shall be renewed for an additional three (3) year period
upon written notice of renewal by City and the County to the other parties at least one hundred eighty (180) days
prior to the expiration of this contract.
COUNTY OF SANTA CLARA
Date• J111~1 101997 By:
Jan
ATTEST: Phyllis Perez, Clerk
Board of Supervisors
APP VED AS TO FORM AND LEGALITY:
y~ ay~~ ~
Brian L. Carr. Deputy County Counsel (Date)
Date:
Beall, Jr., Chair, Board of Supervisors
CITY OF
By;
City Manager
APPROVED AS TO AND LEGALITY:
City Attorney atE)
1`
t_, ,~L,s~ ,r! T t
d~~r MAY 2 1
EXHIBIT A
COUNTY OF SANTA CLARA
APPENDIX "A"
FISCAL YEAR
1997-1998
ADJUSTMENT IN COST FOR LAW ENFORCEMENT RATES AS THEY ARE LISTED IN APPENDDC "A"
GENERAL LAW ENFORCEMENT (PAGE A-8)
NEW RATE 87.63
OLD RATE 84.16
HOURLY INCREASE 3.47 4.1231%
NIGHT SUPPLEMENTAL-MOTORCYCLE (PAGE A-21)
NEW RATE 88.36
OLD RATE 85.21
HOURLY INCREASE 3.15 3.6967%
DAY SUPPLEMENTAL-PATROL CAR (PAGE A-21)
NEW RATE 86.38
OLD RATE 82.92
HOURLY INCREASE 3.46 4.1727%
NIGHT SUPPLEMENTAL-PATROL CAR(PAGE A-21)
NEW RATE 88.28
OLD RATE 84.82
HOURLY INCREASE 3.46 4.0792%
DAY SUPPLEMENTAL-MOTORCYCLE(PAGE A-21)
NEW RATE 86.46
OLD RATE 83.31
HOURLY INCREASE 3.15 3.7811%
DETECTIVE (PAGE A-24)
NEW RATE 80.63
OLD RATE 81.01
HOURLY INCREASE (0.38) -0.4691%
PARK PATROL (PAGE A-23)
NEW RATE 31.86
OLD RATE 30.45
HOURLY INCREASE 1.41 4.6305%
4/21 /97 A - 1
PROPOSED COSTS
FISCAL YEAR 1997-1998
LOS ALTOS MONTE UNINCORP.
RATES CUPERTINO HILLS SERENO SARATOGA CITIES
GENERAL LAW ENFORCEMENT FY 1997-1998
Actual Hours -Activity
6,786.7ActualHours -Patrol
6,188.7900Codes (10% of Above Hours)
1,297.5
Total Hours 32,100.0 6,340.0 0.0 20,250.0 14,272.9
Proj Costs FY 1997-1998 @ $87.63 $2,812,923 $555,574 $0 $1,774,508 $1,250,734
SUPPLEMENTAL PATROL -DAYS:
Actual Hours
Proj Costs FY I997-1998 @ $86.38
Cupertino @ $86.46
SUPPLEMENTAL PATROL -NIGHTS:
Actual Hours
Act. Costs FY 1997-1998 @ $88.28
Cupertino @ $88.36
INVESTIGATIVE HOURS:
Actual Hours
Detective Investigation:
Average of last 6 ys(Cup.& Sar.)
Proj Costs FY 1997-1998 @ $80.63
7,200.0 0.0 0.0 2,080.0 0.0
0 $0 $179,670 $0
622,512
2,080.0 0.0 0.0 1,248.0 0.0
0 $0 $110,173 $0
183,789
6,330.0 350.0 0.0 2,000.0
6,183.7 306.8 1,808.8 0.0
510,388 $28,221 $0 $161,260 $0
4/21 /97 A - 2
PROPOSED COSTS
FISCAL YEAR 1997-1998
LOS ALTOS MONTE UNINCORP.RATES CUPERTINO HILLS SERENO SARATOGA CITIES
RESERVES ACTIVITY HOURS:
Actual Hours 1,650.0 40.0 0.0 430.0 200.0
Proj Costs FY 1997-1998 @ $31.86 $52,569 $1,274 $0 $13,700 $6,372
OPERATING COSTS OF WESTSIDE SUBSTATION: (See Note)
Est. Costs FY 1996-1997 Hours 41,380 6,340 0 23,578 14,27385,571
Percentage 48.3575% 7.4091% 0.0000% 27.5537% ~b.6797%--
Proj Costs FY 1997-1998 @ $90,200 43,618 6,683 0 24,853 15,045
SUBTOTAL COSTS:
Proj Costs FY 1997-1998
DRIVING UNDER THE INFLUENCE
Act. Costs FY 1997-1998 @ $86.46
contracted hours:Cup.:3487)
actual hours : Cupertino= 0
Saratoga = 0
4,225,799 591,752 0 2,264,164 1,272,151
0 0 0 0 0
SCHOOLS RESOURCE OFFICER
Act. Costs FY 1997-1998 @ $70.10 234,134 0 ~ 0 103,748 0
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Proj Costs FY 1997-1998 4,459,933 591,752 0 2,367,912 1,272,151
COMMUNICATIONS COSTS
Proj Costs FY 1997-1998 0 0 0 0 0
4/21/97 A - 3
PROPOSED COSTS
FISCAL YEAR 1997-1998
LOS ALTOS MONTE UNINCORP.
RATES CUPERTINO HILLS SERENO SARATOGA CITIES
BOOKING FEES
Proj Costs FY 1997-1998
TOTAL LAW ENFORCEMENT COSTS
Proj.Costs FY 1997-1998
TOTAL COSTS COMPARISON
Proj.Costs FY 1997-1998
98,708 2,185 0 17,119 0
4,558,641 593,937 0 2,385,031 1,272,151
CONTRACT UNINCORP.
CITIES AREA
7,537,609 1,272,151
4/21/97 A - 4
EXI-IIBIT B
COMPENSATION FOR SERVICES
Calculation Formula
To calculate the annual projected budget increase to this contract, the following shall apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
Total compensation refers to the amount Santa Clara County Sheriff Department provides for total
compensation (salary and benefits) at top step fora 40 hour patrol deputy.
At the subsequent July 1, the new total compensation amount will be divided by the total
compensation effective on the prior July 1, to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 1997-98
Base Year 1997-98 costs = Appendix "A"
Fiscal Years 1998-99 through 2001-02
Preceding Base Year costs
X
Lessor of Percentage change ire total compensation or CPI/W plus 2%
RESOLUTION 9853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT
WITH SANTA CLARA COUNTY FOR LAW ENFORCEMENT
AND EMERGENCY COMMUNICATION SERVICES
WHEREAS, there has been presented to the City Council an agreement between
the City of Cupertino and the Santa Clara County setting forth the terms and conditions
for provision of law enforcement and emergency communication services for the City;
and
WHEREAS, said agreement has been reviewed and approved by the City
Manager and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th
day of May, 1997, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, Sorensen, Bautista
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
s/ Roberta Wolfe /s/ John Bautista
Deputy City Clerk Mayor, City of Cupertino
FIRST AMENDMENT TO 2000-2001 PLAN OF EXECUTION
LAW ENFORCEMENT SERVICES CONTRACT BETWEEN
CITY OF CUPERTINO AND THE SANTA CLARA OFFICE OF THE SHERIFF
This is the first amendment to the "Plan of Execution Law Enforcement Services Contract" for
fiscal year 2000 - 2001 between the City of Cupertino (hereinafter "City") and the Office of the
Sheriff, Santa Clara County (hereinafter "Sheriff '), collectively referred to as the "parties."
MODIFICATIONS:
Under the current terms of the "Plan of Execution," the Sheriff had supplied a Deputy Sheriff
position to perform traffic enforcement. By this document, the parties mutually agree that the
Sheriff will replace this Deputy Sheriff position with a Sheriff Sergeant position and that the
City will pay for the salary and associated costs of the Sheriff Sergeant's position. Amount and
terms of payment will be governed by the "Law Enforcement Contract" between the County of
Santa Clara and the City of Cupertino entered into on July 1, 1997 and "Plan of Execution Law
Enforcement Services Contract" for fiscal year 2000 - 2001 between the City of Cupertino and
the Office of the Sheriff, Santa Clara County.
Except as modified by this first amendment, the 2000-2001 Plan of Execution between the
parties shall remain in full force and effect.
For the City of Cupertino:
Tip----
David Knapp
City Manager
For the, Office of the
urie Smith
County of Santa Clara
Santa Clara County:
proved as to form and legality:
N ~V ~ S~
Shivaun Nurre
Deputy County Counsel, Santa Clara
Date: S < <G • ~
Date: 5i.18% 01
Date: y~o~•1 \~ Zvi ~
RENEWAL 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
r
LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California,
hereinafter referred to as "County," and the City of State of California, hereinafter
referred to as "City."
WHEREAS, County has the legal authority to render law enforcement services and
criminal justice administrative services to incorporated cities in the County of Santa Claw and is
equipped and willing to do so to the extent and in the manner hereinafter provided; and
WHEREAS, City is primarily responsible for providing law enforcement services within
city limits and is desirous of contracting with the County for the rendition of such services; and
WHEREAS, County and City desire to enter into an agreement providing for said
services, specifying the nature and extent thereof and establishing compensation to be paid
therefore;
NOW, THEREFORE, the parties hereto agree as follow:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the corporate limits of City, County shall provide police protection
through its Sheriff's Department as maybe required by City and as within
the capability of the Sheriff to provide. Services to be performed under
this section(A)(1) include patrol of established beats, responses to
emergency calls, investigative services, and other law enforcement
services. The cost of such services shall be set forth in Exhibit A attached.
2. The rendition of such 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.
3. In the event of a disagreement as to the performance or amount of the
services to be provided pursuant to this section(A)(1), the Sheriff or
his/her designee shall meet with the representative(s) of City to review the
manner of performance of such services.
B. Supplemental Services
1. Within the corporate limits of City, County shall, through its Sheriff's
Department, provide supplemental services as requested by the City. The
cost of such services shall be at the rate set forth in Exhibit A. Services to
be performed under this section(B)(1) shall be provided exclusively within
the City limits of City except in an emergency. These services may
include, if requested by City, traffic law enforcement beyond the basic
services, crime prevention patrols, and other law enforcement services that
are acceptable of being scheduled and within the capability of the Sheriff
to provide.
2. The plan of patrol, the hours of coverage and other similar details shall be
determined, insofar as it is possible to do so, by the mutual consent of the
Sheriff and the City Manager of City.
3. The level of requested supplemental services shall be determined by
mutual written agreement between the County and the City prior to the
beginning of the fiscal year. The agreed upon level of supplemental
service shall remain constant in the fiscal year, except upon sixty (60)
days written notice by either party. City may, at any time during the term
of this contract, request supplemental services from the Sheriff for a
specific period within any fiscal year. Said Agreement for Supplemental
Services shall be an addendum to this agreement and shall provide for the
type, cost, level and time of such services.
4. Regional assets shall provide services to City on the same basis as these
regional asset services are provided to other law enforcement agencies as
provided in mutual aid protocol.
C. Supplemental Reserve Services
These services are provided by reserve deputy sheriffs. Their primary
responsibility is the transportation of arrestees from the arrest location to the
appropriate jail facility, and additional services as requested by City and approved
by the Sheriff's Office.
D. Plan for Service
1. Prior to April of each contract year City shall provide to the Sheriff a
written statement of the level of law enforcement service to be provided during
the coming contract year. If City fails to request a specific level of service of the
coming fiscal year not less than thirty (30) days prior to the start of the fiscal year,
County may provide the same level of service as was provided during the
previous fiscal year, but for a period of time not to exceed 30 days.
2. In April of each contract year, City and Sheriff shall develop a plan which
specifies the level and amount of services to be provided in the ensuing
fiscal year.
E. Assignment and Transfer Policy
Sheriff s deputies assigned to provide Law Enforcement Services and
Supplemental Services as herein described shall be assigned to City for a period
of not less than three years except when a person is reassigned because of
promotion or layoff, because a transfer is requested by the individual, or by the
City and concurred in by the Sheriff.
Special Assignment personnel (e.g. SRO) shall be assigned to City for a
period of not less than five years except when a person is reassigned because of
promotion or layoff, because a transfer is requested by the individual, or by the
City and concurred in by the Sheriff.
F. Designation of Chief of Police
If City shall so desire, and County and the Sheriff shall so agree, nothing in
the agreement prevents or limits City from designating the Sheriff or his designee
as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4
of the California Government Code (sections 36501, et seq.). However, this shall
not affect the authority of the Sheriff to control and direct employees of this
department in carrying out duties and obligations pursuant to this contract and
shall not increase any liability to the County arising from this agreement.
G. Disaster Contingency Plan
1. In the event of a major disaster that necessitates the activation of an
Emergency Operations Center in City, a Sheriff's representative shall
immediately be dispatched and report to the Director of Emergency
Services (City Manager).
2. Initial response by a Deputy Sheriff maybe the nearest patrol unit or able
bodied officer available.
3. A predesignated Sheriff's Emergency Operations Center liaison officer
shall be notified as soon as possible to respond to the Emergency
Operations Center and coordinate law enforcement responsibilities.
4. The predesignated Emergency Operations Center liaison officers
maintained on the active call list shall be available to the Director of
Emergency Services.
5. Responsibility for personnel instruction and any specialized training in the
Emergency Operations Center shall be provided by City.
H. Criminal Justice Administrative Fee
County shall provide booking and processing services to those arrested
persons within the Corporate limits of City, and who are brought to the County
jail for booking or detention as set forth in a separate agreement.
I. Communication Services
The County shall, through its Communication Department, provide for
emergency communication services in support of the Sheriff's department and
City's operations. Services will include 24 hour per day 9-1-1 telephone
answering and radio dispatching of Sheriff's personnel. Services will be provided
in accordance with the existing departmental operational procedures.
II. COMPENSATION
A. Compensation for Law enforcement Services Provided by Sheriff
1. The City shall compensate the County utilizing the 2004-OS base rate
established for general law enforcement and county communications
hereinafter"law enforcement"). The parties agree that the annual increase
to law enforcement service costs shall be limited to the base rate times the
percentage increase in total compensation (exclusive of PERS) 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, or the February to February Consumer Price Index for San
Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter
CPUW") plus 2%, whichever is less. For years in which compensation is
increased in a multi-year contract, the annual increase to law enforcement
service costs shall be limited to the average compensation increase for
each year of the contract, not to exceed CPUW plus 2% for each individual
year. The increase over the life of the agreement will not exceed the
actual cumulative average of CPUW plus 2% for the ten year agreement.
In addition, the city agrees to absorb the percentage increase in actual
County PERS costs, adjusted by PERS for averaging. For PERS
contributions due in one year and deferred to future years under PERS
averaging, the PERS amount deferred shall accrue interest until paid at the
rate of 8.25% (same rate charged by PERS to the County). These
contractual costs may be adjusted only one (1) time per year to be
effective at the start of each fiscal year on July 1.
2. If, during the course of a fiscal year, it appears that the Sheriff will exceed
the planned level of service, City or Sheriff shall as soon as possible notify
the other party and propose amendments or modifications to the plan of
services for the balance of the fiscal year. City or Sheriff shall review any
such proposed modifications but is not obligated to approve them. If City
does not approve them, the Sheriff is not obligated to provide such
services over and above the level of services provided in the plan. City is
not obligated to pay for services in an amount greater than the total that
has been approved in the plan. The County agrees that it will not
unilaterally reduce the level of law enforcement services without prior
consultation with the City.
3. In those years during which a contract is to be negotiated betureen the
County of Santa Clara and the Deputy Sheriff's Association, and has not
been settled for the purpose of computing increases in this agreement, the
county shall utilize 'the average CPUW plus 2% for computation of said
increases plus any additional PERS contribution increases. County will
subsequently notify city of any increases in rates resulting from the new
contract terms, within thirty(30) days of the date of such contract
resolution. For years in which compensation is increased in a multi-year
contract, the annual increase to law enforcement service costs shall be
limited to the average compensation increase for each year of the contract,
not to exceed CPUW plus 2% for each individual year. The increase over
the life of the agreement will not exceed the actual cumulative average of
CPUW plus 2% for the ten year agreement.
4. County shall specify to City, not less than sixty (60) days prior to the start
of City's fiscal year the new projected budget annual contract, amount.
5. a. City shall compensate County at the primary rate, for the
Activity" and "Patrol" time expended in the City. Activity and
Patrol time include those categories identified as Codes 671
through 674, 682, 846 and 847c. Additionally, County shall
charge city for meal periods, "beat preparation" time and "securing
from beat" time at the rate of ten percent (10%) of the above-
referenced hours.
b. "Activity" and "Patrol" times are identified through the County
Patrol Activity Network Analysis (COPANA) and Patrol Activity
Report (PAR). A listing of items and their designations as
Activity" or "Patrol" are to be set forth in the attachment to the
yearly plan for service.
B. Supplemental/Reserve Service
1. Compensation for all services within Sections I.A., B. and C. to be
rendered pursuant to this agreement shall be based upon one of the
following five (5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of
operating a Sheriff s patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost
of operating aone-person Sheriffs vehicle during periods when the
night shift differential salary increment is not payable to the deputy
who operates the vehicle.
c. Supplemental Night Rate. This rate is calculated according to.,the cost
of operating aone-person Sheriffs vehicle during periods when the
night shift differential salary increment is payable to the deputy who
operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the
cost of operating atwo-person Reserve Deputy Sheriffs Vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the
average full cost per hour of an investigator's time.
2. City shall compensate County monthly for each hour of Supplemental
Service at the rates described above and specified in exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1. City and County shall share the costs of renting and operating the
Westside Substation as follows:
a. The City's share of the base rent and operating cost will be based
upon the lease agreement between the County and Limar Realty
Group dated ~~ p , 2004. The monthly base rent will increase
3% each year commencing November 8, 2005 and City shall be
responsible for its share of this base rent increase. City shall be
responsible for any increase in operating expenses and real estate
taxes allocated to the building to the extent that such expenses
exceed costs incurred in the 2004 Base Year. Yearly increases in
controllable operating costs(other than insurance, taxes and
utilities) shall be capped at 5%. These operating costs may be
adjusted only one (1) time per year to be effective at the start of
each fiscal year on July 1.
The City's share of the operating cost and base rent will be a
prorated amount based upon the actual billable hours as indicated
in the COPANA reports. For budgeting purposes estimates are
provided in the plan of execution of law enforcement services
contract provided each year.
b. City shall pay to County monthly that portion of the substation
operating costs attributable to City. Any change to the location of
the substation, or the cost of the facility over and above the
contract language as set forth in II.C.I.a., shall be mutually agreed
to by the parties to this agreement.
c. For the purposes of this provision of the Agreement (1) "Operating
Costs" are defined as the cost of rent, janitorial services, minor
repairs, and utilities and all other costs the County is required to
pay under the lease agreement for the substation..
d. Prorata share to City for substation costs will not be changed
during the term of this agreement due to the loss of any contracting
city unless mutually agreed to by the remaining parties to the
agreement.
D. Compensation for Criminal Justice Administrative Services
The criminal justice administrative fee is based upon an approved
Ordinance No. NS - 300.470.
E. Method of payment for all Services
Compensation for all services shall be paid by City to County in the
following manner:
1. The City shall pay to County an amount equal to one-twelfth of the annual
projected budget amount as calculated in Exhibit B.. First payment is due
on the tenth day following the last day of each month of the contract year.
2. Adjustment to the law enforcement annual projected budget-amount shall
be performed every three years after the initial year of the contract as
follows:
a. The difference between the actual cost of police services for the
previous three years, as shown by the COPANA report and the
amount actually paid by City to County for those services. shall be
added to, or subtracted from, the amount paid for the prior three
years.
b. Other police services not included in COPANA Reports shall be
reconciled every three years for those specific services.
3. Payments, or any portion thereof, not made by City to County within thirty
30) days of the due date shall accrue interest at the rate of ten percent
10%) per annum until paid. Interest so accrued shall be payable to county
on the last day of the month in which it accrued.
4. By September 30 following the end of each of the contract reconciliation
years, County shall provide to City the COPANA report for the entire
contract years. If the amount actually paid by City to County exceeds the
cost of law enforcement services and operating costs of Westside Station
as set forth in the COPANA report, County shall pay to City the amount of
such excess by October 1 following the end of the contract year.
Within twenty-one (21) days of receipt of such final COPANA report, city
shall pay to County the full amount, if any, by which the costs of police
services, as set forth in all COPANA reports for the contract year, exceeds
the amount actually paid by City for such services. For purposes of
calculating the final amount due to County from City, City's credit for the
amount actually paid by City shall not include any interest paid by City
due to late monthly payments.
III. REPORTS
A. Monthly Reports
County shall provide to City on a monthly basis report(s) on the incidence
of crime and "activity" and "patrol" hours expended within City. Said
report(s) shall differentiate between "law enforcement services" and
supplemental services," and shall be in a format as agreed upon between
County and City.
2. County shall provide such month end reports to City within thirty (30)
days of the last day of that month.
3. By September 30 following the end of the contract year, County shall
provide to City the COPANA report for the entire contract year.
4. Special additional reports requested by City may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the City, its officers,
agents and employees from any loss, liability, claim, injury or damage arising out
of, or in connection with, performance of the duties and obligations of the County
and its employees set forth in this agreement.
B. The City shall indemnify, defend, and hold harmless the County, its officers,
agents and employees from any loss, liability, claim, injury or damage arising out
of, or in connection with, performance of the duties and obligations of the City
and its employees set forth in this agreement.
C. This mutual indemnification agreement is adopted pursuant to Government code
section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between the parties pursuant to Government code
section 895.6.
V. INSURANCE AND LIABILITY
County and City shall each maintain its own liability insurance coverage, through
self-insurance or otherwise, against any claim of civil liability arising out of the
performance of this agreement.
VI. TERM OF AGREEMENT
This agreement shall become effective on ~"~ '~~1, and may be terminated
without cause by County or City upon the giving of one-hundred and eighty (180) days
written notice of such termination to the other party. In the absence of such notice of
termination, this agreement shall be effective for a term of one hundred and twenty (120)
months until ~ -' ~ ! ,subject to any modifications which are made in accordance with
the terms and conditions of this agreement. If City elects to terminate this Agreement
prior to the expiration of the ten-year term, the City shall nonetheless pay the full amount
of its pro-rata share remaining on County tenant improvements, moving costs and
remaining lease commitments for the Westside substation.
At the expiration of this ten (10) year contract, this contract can be renewed for an
additional five (5) year period upon written notice of renewal by City and the County to
the other parties at least one hundred eighty (180) days prior to the expiration of this
contract.
COUNTY OF SANTA CLAR.A
Date: ~G-}'(j~.'Y 2~ 2.(~0~{-By:
Pete Kutras
County Executive
3
APPROVED AS TO FORM AND LEGALITY:
0-'1-0 ~
David Kahn, Deputy County Counsel (Date)
Date: ~ - g . ~~{
CITY OF ~ ~P.~/~..r.~
w \
By: w\
City Manager
APPROVED AS TO FORM AND LEGALITY:
City Attorney ~ (Date)
S:\Main\GeneralGovernment\Kahn\Sheriffs Dept\Contracts\FinalContractCities083004.doc
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS UNINCORP.
RATES CUPERTINO HII,LS SARATOGA CITIES
GENERAL LAW ENFORCEMENT
Proposed Hours -Activity 6,786.7
Proposed Hours -Patrol 4,438.7
900 Codes (10% of Above Hours) 1,122.5
Total Hours 34,598.0 ~ 5,321.0 19,014.0 12,347.9
Proj Costs FY 2004-2005 @ $117.04 $4,049,350 $622,770 $2,225,399 $1,445,198
SUPPLEMENTAL PATROL -DAYS:
Proposed Hours 7,200.0 43.0 3,831.9 0.0
Proj Costs FY 2004-2005 @ $115.51 $4,967 $442,623 $0
Cupertino @ $115.11 $828,792
SUPPLEMENTAL PATROL -NIGHTS:
Proposed Hours 2,080.0 0.0 2,000.0 0.0
Proj Costs FY 2004-2005 @ $117.55 0 235,100 $0
Cupertino @ $117.15 243,672
INVESTIGATIVE HOURS:
Proposed Hours 6,830.0 566.0 2,200.0
Detective Investigation:
Average of last 6 yrs (Cup.& Sar.)6,183.7 306.8 1,808.8 0.0
Proj Costs FY 2004-2005 @ $109.73 749,456 62,107 241,406 $0
A - 1 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
RESERVES ACTNIT'Y HOURS:
Proposed Hours 1,650.0 22.0 340.0 ~ 200.0
Proj Costs FY 2004-2005 @ $34.19 $56,414 $752 $11,625 $6,838
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Est. Costs FY 2003-2004 Hours
86,436
Percentage
Proj Costs July -Oct 2004 @ $106,560
Proj Costs Nov 04 -June OS @ $327,795
Total Proj Costs of Substation
SUBTOTAL COSTS:
Proj Costs FY 2004-2005
43,878 5,364 24,846 12,348
50.7636%6.2057%28.7450% 14.2857%
18,031 2,204 10,210
110,934 13,561 62,816
128,965 15,765 73,026 $0
6,056,649 $706,361 $3,229,179 $1,452,036
PROJECTED SPECIAL SERVICES
Projected Hours FY 2004-2005 1,803 0 0 0
Proj Costs-Cupertino Sergeant @ $74.64 $0
Proj Costs-Saratoga DARE Officer $0 $50,112
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2004-2005 @ $93.83 $147,875 $0 $130,478 $0
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005
OTHER COSTS
Proj Costs FY 2004-2005
6,204,524 $706,361 $3,409,769 $1,452,036
0 $0 $0 $0
A - 2 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
RATES CUPERTINO
BOOKING FEES
Proj Costs FY 2004-2005
TOTAL LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005
TOTAL COSTS COMPARISON
Proj Costs FY 2004-2005
LOS ALTOS
SARATOGA
IJNINCORP.
118,002 $3,418 $22,927 $0
6,322,526 $709,779 $3,432,696 $1,452,036
CONTRACT UNINCORP.
CITIES AREA
10,465,001 1,452,036
A - 3 8/19/2004
Law Enforcement Contract
Exhibit B
Compensation for Services
To calculate the annual projected budget increase to this contract, the following shall
apply:
ANN[JAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
1. Total compensation refers to the amount Santa Clara County Sheriff Department
provides for total compensation (salary and benefits) at top step fora 40-hour patrol
deputy.
2. At the subsequent July 1, the new total compensation amount (exclusive of PERS)
will be divided by the total compensation effective on the prior July 1 (exclusive of
PERS), to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 2004-05:
Agreement.
Base Year 2004-OS costs = costs as shown in Exhibit A to this
Fiscal Years 2005-06 through 2014-15:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or CPUW plus 2%
For years in which compensation is increased in a multi-year contract, the
annual increase to law enforcement service costs shall be limited to the
average compensation increase for each year of the contract, not to exceed
CPUW plus 2% for each individual year.)
Plus
Percentage Change (Increase/Decrease) in Actual County PERS Costs
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian
County Executive: James R. Williams
First Amendment to Agreement By and Between the County of Santa Clara and the City of Cupertino.
FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CUPERTINO
This is the First Amendment to the Agreement between the County of Santa Clara (County) and the City
of Cupertino (City) entered into on August 5, 2014, for law enforcement services to the City.
On August 5, 2014, the Board of Supervisors approved this Agreement.
This Agreement is amended as follows effective May 21, 2024:
1.Key Provision Change: Compensation
Key Provision, AGREEMENT TERM II. A. 1. the first sentence, related to Compensation for
Law Enforcement Services Provided by the Sheriff, on page 4 of the Agreement is amended
to read: “The City shall compensate the County utilizing the Fiscal Year 2024/2025 base rate
established for general law enforcement and county communications (hereinafter “law
enforcement”). The remainder of the language in Section II. A. 1. shall remain in effect .
2.Key Provision Change: Base Rent and Operating Costs of Westside Substation
Key Provision, AGREEMENT TERM II. C. 1. a. on pages 6-7, related to Base Rate and
Operating Costs of Westside Substation is amended to read: “The City’s share of the base
rent and operating cost of Westside Substation will be based upon the lease agreement
between the County and Dollinger Properties, LLC. The monthly base rent will increase 2.5%
each year commencing November 8, 2024, and City shall be responsible for its share of this
base rent increase. City shall be responsible for any increase in operating expenses and real
estate taxes allocated to the building to the extent that such expenses exceed costs incurred
in the FY2024/2025 Base Year. Yearly increases in controllable operating costs (other than
insurance, taxes, and utilities) shall be capped at 5%. These operating costs may be adjusted
only one (1) time per year to be effective at the start of each fiscal year on July 1.” The
remainder of the language in Section II. C.1. a. shall remain in effect.
3.Key Provision Change: Term of Agreement
Key Provision, AGREEMENT TERM VI. related to Term of Agreement, on page 9 of the
Agreement is amended to read: “This agreement shall become effective on July 1, 2024, and
may be terminated without cause by County or City upon the giving of one-hundred and
eighty (180) days written notice of such termination to the other party. In the absence of such
notice of termination, this agreement shall be effective for a term of twenty -four (24) months
through June 30, 2026, subject to any modifications which are made in accordance with the
terms and conditions of this agreement. If City elects to terminate this Agreement prior to the
expiration of the term, the City shall nonetheless pay the full amount of its pro -rata share
remaining on the County tenant improvements, moving costs, and remaining lease
commitments for the West Valley substation.” The following language is hereby deleted: “At
the expiration of this ten (10) year contract, this contract can be renewed for an additional five
(5) year period upon written notice of renewal by the City and the County to the other parties
at least one hundred eighty (180) days prior to the expiration of this contract.”
4.Add Exhibit A: Fiscal Year 2024-2025 Proposed Costs:
Exhibit A: Fiscal Year 2024-2025 Proposed Costs attached hereto this First Amendment is
added to the Agreement and incorporated herein by this reference.
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Ap
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0
5
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2
1
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DocuSign Envelope lD: 88826526-1AC1-439F-8DEB-1A46C3C5DA05
5. Replace Exhibit B:
Remove Exhibit B: Compensation for Seruices in its entirety and replace with Exhibit B:
Law Enforcement Contract Compensation for Services, attached hereto this First
Amendment and incorporated herein by this reference.
All other terms and conditions of the Agreement remain in full force and effect. ln the event of a conflict
between the original Agreement and this First Amendment, this First Amendment controls.
The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter
herein and supersedes all prior oral and written agreements, representations and understandings
concerning such subject matter.
IN WITNESS WHEREOF, COUNTY and CITY OF CUPERTINO hereby agree to the terms of
this First Amendment to the Contract.
COUNTY OF SANTA CLARA CITY OF CUPERTINO
6r^*t^^6ut*r^txn-
Susan Ellenberg
President, Board of Supervisors
Date: illAY 2 1.2024
Wu
City , City of Cupertino
Date:b /+ b-'ry
AS
?gz
b
Signed and certified that a copy ofthis document
has been delivered by electronic or other means to
the President, Board of Supervisors.
A ST:
Acting Clerk of the
llAY 2 I 202f
LEGALITY
Date:
APPROVED AS TO FORM AND LEGALITY
DocusiEned by:
Stephanie
Deputy County Counsel
Date: 5/L5/2024
Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian
County'Executive: James R. Williams
First Amendment to Agreement By and Between the County of Santa Clara and the City of Cupertino.
Page2 of2
Cupertino
Los Altos
Hills Saratoga
Unincorporated
Areas Total
General Law Enforcement Services (Primary Rate)
Proposed Hours 41,881 5,421 20,060 14,696 82,058
Supplemental Services ‐ Traffic Enforcement ‐ Day
Proposed Hours ‐ Enforcement Vehicle ‐ Deputy Sheriff 1,803 ‐ ‐ ‐ 1,803
Proposed Hours ‐ Motorcycle ‐ Deputy Sheriff 5,447 1,860 4,195 ‐ 11,502
Total Proposed Hours 7,250 1,860 4,195 ‐ 13,305
Investigative Services
Proposed Hours 5,100 750 2,400 ‐ 8,250
Supplemental Reserve Services
Proposed Hours 200 22 68 ‐ 290
Total Proposed Hours 54,431 8,053 26,723 14,696 103,903
Traffic Sergeant
Number of Traffic Sergeant 1 ‐ ‐ ‐
School Resources Officer
Number of SRO 2 ‐ 1 ‐
Proposed Hours
Fiscal Year 2024‐2025
Exhibit A: 2024-2025 Proposed Costs
Exhibit A: Page 1 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
General Law Enforcement Services
Proposed Costs $12,788,363 $1,655,302 $6,125,321 $4,487,424
Supplemental Services ‐ Traffic Enforcement ‐ Day
Proposed Costs $2,193,343 $562,555 $1,269,219 $0
Investigative Services
Proposed Costs $1,325,235 $194,888 $623,640 $0
Supplemental Reserve Services
Proposed Costs $15,400 $1,694 $5,236 $0
Traffic Sergeant
Proposed Costs $570,774 $0 $0 $0
School Resources Officer
Proposed Costs $725,330 $0 $317,332 $0
(Cupertino ‐ 1 SRO @ 85% and 1 SRO @ 75%; Saratoga ‐ 1 SRO @ 70%)
Operating Costs Of West Valley Substation
Proposed Costs $279,769 $41,389 $137,355 $75,536
Overtime $0 $200,000 $0 $0
Total Proposed Contract Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960
Total Capped Costs *$17,916,051 $2,661,025 $8,479,808 $4,553,260
Amount in Excess of of/ (Below Budget Cap)($17,837) ($5,197) ($1,705)$9,700
PROPOSED CONTRACT COSTS
Fiscal Year 2024‐2025
*Increase in costs capped at the lesser of CPI+2% or the average compensation increase and PERS increase
Exhibit A: Page 2 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Budgeted Costs FY 2023‐2024 $11,756,416 $1,521,729 $5,631,043 $4,125,314
Proposed Costs FY 2024‐2025 $12,788,363 $1,655,302 $6,125,321 $4,487,424
Change ($)$1,031,947 $133,573 $494,278 $362,110
Change (%)8.78% 8.78% 8.78%8.78%
Budgeted Costs FY 2023‐2024 $2,509,784 $516,755 $1,165,888 $0
Proposed Costs FY 2024‐2025 $2,193,343 $562,555 $1,269,219 $0
Change ($)($316,441)$45,800 $103,331 $0
Change (%)‐12.61% 8.86% 8.86%
Budgeted Costs FY 2023‐2024 $1,815,480 $189,113 $605,160 $0
Proposed Costs FY 2024‐2025 $1,325,235 $194,888 $623,640 $0
Change ($)($490,245)$5,775 $18,480 $0
Change (%)‐27.00% 3.05% 3.05%
Budgeted Costs FY 2023‐2024 $24,090 $1,606 $4,964 $0
Proposed Costs FY 2024‐2025 $15,400 $1,694 $5,236 $0
Change ($)($8,690)$88 $272 $0
Change (%)‐36.07% 5.48% 5.48%
Budgeted Costs FY 2023‐2024 $539,190 $0 $0 $0
Proposed Costs FY 2024‐2025 $570,774 $0 $0 $0
Change ($)$31,584 $0 $0 $0
Change (%)5.86% 0.00% 0.00%
Budgeted Costs FY 2023‐2024 $637,308 $0 $278,822 $0
Proposed Costs FY 2024‐2025 $725,330 $0 $317,332 $0
Change ($)$88,022 $0 $38,510 $0
Change (%)13.81% 0.00% 13.81%
COSTS COMPARISON BETWEEN
Fiscal Years 2023‐2024 and 2024‐2025
Supplemental Services ‐ Traffic Enforcement ‐ Day
General Law Enforcement Services
Investigative Services
Supplemental Reserve Services
School Resources Officer
Traffic Sergeant
Exhibit A: Page 3 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Budgeted Costs FY 2023‐2024 $284,858 $38,064 $126,322 $69,468
Proposed Costs FY 2024‐2025 $279,769 $41,389 $137,355 $75,536
Change ($)($5,089)$3,325 $11,033 $6,068
Change (%)‐1.79% 8.74% 8.73%8.73%
Budgeted Costs FY 2023‐2024 $0 $200,000 $0 $0
Proposed Costs FY 2024‐2025 $0 $200,000 $0 $0
Change ($)$0 $0 $0 $0
Change (%)0%
Total Budgeted Costs FY 2023‐2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782
Total Proposed Costs FY 2024‐2025 $17,898,214 $2,655,828 $8,478,103 $4,562,960
Change ($)$331,088 $188,561 $665,904 $368,178
Change (%)1.88% 7.64% 8.52%8.78%
Overtime
Operating Costs Of West Valley Substation
Exhibit A: Page 4 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Cupertino Los Altos Hills Saratoga
Unincorporated
Areas
Total Budgeted Costs FY 2023‐2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782
Adjusted Total Budgeted Costs ‐
Excluding Operating Costs of West
Valley Substation and Overtime FY 2024‐2025 $16,248,254 $2,229,203 $7,685,877 $4,125,314
Annual Allowable Increase Including
PERS 8.54% $1,388,028 $190,433 $656,576 $352,410
FY2024‐2025 Capped Costs $17,636,282 $2,419,636 $8,342,453 $4,477,724
FY2024‐2025 Operating Costs of West Valley Substation $279,769 $41,389 $137,355 $75,536
Overtime $0 $200,000 $0 $0
Total FY2024‐2025 Budget Cap $17,916,051 $2,661,025 $8,479,808 $4,553,260
FY 2024‐2025 Proposed Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960
Amount in Excess of or (Below Budget Cap)($17,837) ($5,197)($1,705)$9,700
FY 2024‐2025 Budget Cap
Exhibit A: Page 5 of 5
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05
Exhibit B:
Law Enforcement Contract
Calculation of Annual Compensation
To calculate the annual projected budget increase to this contract, the following shall
apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
1.Total compensation refers to the amount Santa Clara County Sheriff Department
provides for total compensation (salary and benefits) at top step for a 40-hour patrol
deputy.
2.At the subsequent July 1, the new total compensation amount (exclusive of PERS)
will be divided by the total compensation effective on the prior July 1 ( exclusive of
PERS), to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 2024/2025:
Base Year 2024/2025 costs = costs as shown in Exhibit A to
this Agreement.
Fiscal Years 2024/2025 through 2025/2026:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or Consumer Price
Index-Urban Wage Earners and Clerical Workers (CPVW) plus 2% (For
years in which compensation is increased in a multi-year contract, the
annual increase to law enforcement service costs shall be limited to the
average compensation increase for each year of the co ntract, not to exceed
CPVW plus 2% for each individual year.)
Plus
Percentage Change (Increase/Decrease) in Actual County PERS Costs
...
Exhibit B: Page 1 of 1
DocuSign Envelope ID: 88B26526-1AC1-439F-8DEB-1A46C3C5DA05