06-035, Linda Rios, Cupertino Union School District
AGREEMENT FOR SERVICES
BETWEEN
LINDA RIOS, THE CUPERTINO UNION SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
This Agreement is entered into on May 8, 2006, by and between Linda Rios
("CONTRACTOR"), CUPERTINO UNION SCHOOL DISTRICT ("CUSD") and the
CITY OF CUPERTINO ("CITY").
PURPOSE
CONTRACTOR, CUSD and CITY shall work collaboratively to provide delinquency
prevention, early intervention, and diversion services to minors served by CUSD and
CITY.
In consideration of the mutual promises herein, the parties hereto AGREE as
follows:
1. SCOPE OF SERVICE
CONTRACTOR shall perform services as outlined in Exhibit A attached.
2. COMPENSATION
CUSD and CITY will each compensate CONTRACTOR one-half of the total rate of
$80.00 per hour when performing the scope of services. Compensation paid under this
Agreement shall not exceed $30,670 for the fiscal year ending June 30, 2006 and $75,815
for the fiscal year ending June 30, 2007.
3. TERM
The term of this Agreement shall be effective from May 8, 2006 to June 30, 2007.
4. AMENDMENTS
Only a written instrument signed by all the parties may amend this Agreement.
5. TERMINATION
Any party upon 30 days written notification to the other parties may terminate this
Agreement. Upon termination, payment will be due to CONTRACTOR on a pro-rated
basis for only those services provided to CUSD & CITY.
6. NOTICES
All notices prescribed by this Agreement shall be in writing and shall be deemed
effective upon their deposit in the United States mail, postage prepaid with return receipt
requested and addressed:
To CONTRACTOR: Linda Rios
17485 Montoya Circle
Morgan Hill, CA 95037-3766
To CUSD:
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To CITY:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
7. INDEMNIFICATION
CUSD/CITY shall defend and hold harmless CONTRACTOR from any action or lawsuit
brought against her or CUSD/CITY arising out of any act, advise, or omission on the part
of CONTRACTOR while carrying out the duties set forth above.
8. 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 provide evidence that the required coverage is in
place.
9. NONDISCRIMINATION
In the performance of the work authorized under this agreement, CONTRACTOR shall
not discriminate against anyone because of race, creed, color, ancestry, religion, marital
status, medical condition, age (over 40), physical or mental handicaps, veteran or non-
veteran status, sex, or national origin.
10. ASSIGNMENT
The parties hereto agree and understand that this is an agreement for professional services
and shall not be assigned by the contractor in any manner. It is further understood that
CONTRACTOR is not an employee ofCUSD or the CITY.
11. INDEPENDENT CONTRACTOR
CONTRACTOR undertakes performance of this service as an independent contractor and
shall be wholly responsible for the methods of performance. CUSD/CITY will have no
right to supervise the methods used, but the CUSD/CITY will have the right to observe
such performance. In addition, CONTRACTOR shall work closely with the Santa Clara
County Sheriffs Department in performing services under this agreement.
12. GOVERNING LAW
This Agreement has been executed and delivered in, and shall be construed and enforced
in accordance with, the laws of the State of California.
13. SEVERABLITY
If any provision of this Agreement is found by a court of competent jurisdiction to be
void, invalid or unenforceable, the same shall either be reformed to comply with
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applicable law or stricken if not so conformable, so as not to affect the validity or
enforceability of this Agreement.
14. 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 parties have executed this Agreement as indicated below:
i iam Bragg
Superintendent, CUSD
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V~da Rios
Contractor
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Date
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