01-089 Agmt for Services, SCC, FUHSD, CUSDAGREEMENT FAR SERVICES
BETWEEN
THE COUNTY OF SANTA CLARA
And
THE FREMONT UNION HIGH SCHOOL DISTRICT,
THE CUPERTINO UNIOIV SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
This is an Agreement between the COUNTY ~DF SANTA CLARA on behalf of the
Probation Department, ("COUNTY") and the 1=REMQNT UNION HIGH SCHOOL
DISTRICT (°FUHSD"), the CUPERTINO UNIc~N SCHOOL DISTRICT ("CUSD") and the
CITY OF CUPERTINO ("CITY.")
PURPOSE
COUNTY, FUHSD, CUSD and CITY shall work collaboratively in a joint program of
financial support of 1 Deputy Probation OfficE~r for the period of July 1, 2001, to June 30,
2002. This Deputy Probation Officer shall provide delinquency prevention, early
intervention, and diversion services.
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
I. COUNTY SHALL:
A. Assign 1 Deputy Probation Officer to provide services as described below under
"Scope of Services."
B. Provide probation supervision to the assigned Deputy Probation Officer.
C. Pay all fringe benefits for the 1 Deputy Probation Officer.
D. Provide clerical support, supplies and supervision for the Deputy Probation Officer.
II. FUSHD, CUSD 8~ CITY SHALL:
A. Each compensate COUNTY one-third of the total salary, not including benefits, of 1
Deputy Probation Officer in a combined t~~tal amount not to exceed $69,319.
B. Provide office space for the Deputy Probation Officer.
C. Follow COUNTY policies regarding training, vacation, sick leave, and after-hours
work.
D. Allow the Deputy Probation Officer to participate in periodic meetings and training as
directed by the Chief Probation Officer, such participation to occur during regular
working hours on a scheduled basis.
III. SCOPE OF SERVICE
A. The assigned Deputy Probation Officers shall provide delinquency prevention,
community intervention, diversion servicESS and programs to minors and families
served by any of the participating agencies.
B. The assigned Deputy Probation Officer shall maintain and provide agreed-upon
statistics on a monthly basis to the CONTRACTOR.
IV. OTHER REQUIREMENTS
A. The Deputy Probation Officer shall be employee of the COUNTY and shall in no way
deemed to be an employee of FUSHD, CUSD or CITY.
B. Deputy Probation Officer are not authori;red to be armed in the course of their
employment with the Santa Clara Counhrr, Probation Department pursuant to
AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF SANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNIO~J SCHOOL DISTRICT,
8 THE CITY OF CUPERTINO
Department Policy. This policy applies to any Probation Department Officer working
under this Agreement.
C. The Deputy Probation Officer shall not be assigned duties ordinarily performed only
by armed law enforcement personnel.
V. COMPENSATION
Compensation paid under this Agreement shill not exceed $69,319.
VI. TERM
The term of this Agreement shall be effective from July 1, 2001 to June 30, 2002.
VII. AMENDMENTS
This Agreement may be amended only by a ~~ritten instrument signed by the two parties.
VIII. TERMINATION
This Agreement may be terminated by either Marty upon 30 days written notification to
the other party. Upon termination, payment will be due to COUNTY on a pro-rated basis
for only those services provided to FUSHD, CUSD & CITY. Such notice shall be
deemed given when in writing and deposited in the United States mail, postage prepaid,
return receipt requested, addressed to the other party at the address set forth below or
at such other address as the party may designate in writing in accordance with this
section.
IX. NOTICES
All notices prescribed by this Agreement shall be in writing and shall be deemed
effective upon their deposit in the United StatE;s mail, postage prepaid with return receipt
requested and addressed:
To COUNTY: County of Santa Clara
Probation Department
840 Guadalupe Parkway
San Jose, Ca 95110
To FUHSD: Fremont Union High School District
P.O. Box "F°
Sunnyvale, CA 94087
To CUSD: Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To CITY: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
X. INDEMNIFICATION
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
2
AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF :SANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNION SCHOOL DISTRICT,
8 THE CITY OF CUPERTINO
agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the COUNTY, FUSHD, CUSD and CITY 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, employee
or agent thereof shall be responsible for any damage or liability occurring by
reason of the negligent acts or omissions or wiillful 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.
XI. NONDISCRIMINATION
FUSHD, CUSD & CITY shall comply with all applicable Federal, State, and local laws
and regulations including Santa Clara County': policies concerning nondiscrimination
and equal opportunity in contracting. Such laws include but are not limited to the
following: Title VII of the Civil Rights Act of 19Ei4 as amended; Americans with
Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504);
California Fair Employment and Housing Act (Government Code sections 12900 et
seq.); California Labor Code sections 1101, 1102. FUSHD, CUSD & CITY shall not
discriminate against any subcontractor, employee, or applicant for employment because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation,
mental disability, physical disability, medical condition, political beliefs, organizational
affiliations, or marital status in the recruitment, selection for training, including
apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other
forms of compensation. Nor shall FUSHD, CUSD & CITY discriminate in provision of
services provided under this contract because of age, race, color, national origin,
ancestry, religion, sex/gender, sexual orientati~~n, mental disability, physical disability,
medical condition, political beliefs, organizational affiliations, or marital status.
XII. INSURANCE
Each party to this Agreement shall, at its own expense, maintain a program of self-
insurance and/or insurance for general liability coverage in the amount of at least one
million dollars ($1,000,000) per occurrence and in the aggregate and statutory California
workers' compensation coverage. This coverage shall remain in force during the entire
term of this Agreement. Each party shall provicie evidence that the required coverage is
in place.
XIII. COUNTERPARTS
This Agreement may be executed in one or mere counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
3
AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF :iANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNION SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
XIV. WAIVER
No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that ~x any other instance. Any waiver granted
by a party must be in writing, and shall apply to the specific instance expressly stated.
XV. GOVERNING LAW
This Agreement has been executed and delivE:red in, and shall be construed and
enforced in accordance with, the laws of the State of California.
XVI. SEVERABLITY
If any provision of this Agreement is found by ~~ court of competent jurisdiction to be void,
invalid or unenforceable, the same shall either be reformed to comply with applicable law
or stricken if not so conformable, so as not to ~~fTect the validity or enforceability of this
Agreement.
XVII. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. All prior negotiations, written agreements and oral agreements
between the parties with respect to the subject: matter of this Agreement are merged into
this Agreement.
IN WITNESS WHEREOF, the parities have executed this Agreement as indicated below:
COUNTY OF SANTA CLARA FREMONT UNION HIGH SCHOOL
DISTRICT
9~s 7~0
hn Cavalli Date J a a
Chief Probation Officer u i endent
OF UPERTINO
Knapp
6• [.~(~
Date
APPROVED AS TO FORM AND LEGALITY:
san S ate
Deputy ounty Counsel
CUPERTINO UNION SCHOOL
DIST CT
T ~~~
r. illiam rag D to
L I ~Z Wd 61 d3S I OOZ
3~dd ~e o3f113~3a
4
County of Santa Clara
Probation Department
Juvenile Division Administrative Offices
840 Guadalupe Parkway 840 Guadalupe Parkway
San Jose, California 95110 San Jose, California 95110
t~ I -a ~~
John Cavalli
Chief Probation Officer
September 20, 2001
Rick Kitson
Public Information Officer
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
RE: FY02 Agreement
Dear Rick,
Enclosed is your copy of fully executed Agreement for Services for FY02 between the County of Santa Clara, City of
Cupertino, Fremont Union High School District and Cupertino Union School District pertaining to the Probation
Department providing delinquency prevention, early intervention and diversion services Through our assignee
Deputy Probation Officer. We look forward to another year working with you.
If there are any questions or concerns call me at (408) 278-fi900.
Sincerely,
Robert Dominguez
Management Analyst
Encl
Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr., Liz Kniss
County Executive: Richard Wittenberg