07. Linda Rios contract_ .-_ .
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CITY OF
~UPE~TIN~
SUMMARY
Agenda Item No.
SUBJECT AND ISSUE
Meeting Date: June 17, 2008
Authorize City Manager to negotiate and execute a contract with Linda Rios for delinquency
prevention, early intervention, and diversion services to minors served by Cupertino Union
School District (CUSD} and the City.
BACKGROUND
The City and CUSD have been under contract with Linda Rios to provide delinquency
prevention, early intervention, and diversion services to minors since May, 2006. The current
contract expires on June 30, 2008.
This arrangement has served both the City and CUSD well by providing services to students in
the district directly. It has also provided an excellent opportunity to partner with the school
district in this important aspect. Phil Quon, CUSD Superintendent, concurs with the
arrangement.
RECOMMENDATION:
Approve authorization to execute a contract with Linda Rios.
Submitted by:
Carol A. Atwood
Directox of Administrative Services
DEPARTMENT OF ADMINISTRATIVE SERVICES
Approved for submission:
David W. Knapp
City Manager
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408} 777-3220
Fax: (408)777-3366
Printed on Recycled Paper
AGREEMENT FOR SERVICES
BETWEEN
LINDA RIGS, THE CUPERTINO UNION SCHOOL DISTRICT,
& THE .CITE' OF CUPERTINO
This Agreement is entered into on June 17, 2008, 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
foIlows:
1. SCOPE OF SERVICE
CONTRACTOR sha11 perform services as outlined in Exhibit A attached.
2. COMPENSATION
CUSD and CITY will each compensate CONTRACTOR one-half of the total rate
of $85.00 per hour when performing the scope of services. Compensation paid
under this Agreement shall not exceed $85,000 for the fiscal yeaz ending June 30,
2009.
3. TERM
The term of this Agreement shall be effective from July 1, 2008 to June 30, 2009.
4. AMENDMENTS
Only a written instrument signed by all the parties may amend this Agreement.
S. TERNIINATION
Any party upon 30 days written notification to the other parties may terminate this
greement. pon ermma on, paymen wf e due o 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
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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 far general liability coverage in fihe 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 of CUSD 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 Sheriff's
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.
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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 applicable law or stricken if not so conformable, so as no# to affect the
validity or enforceability of this Agreement.
1.4. 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:
Phil Quon Date ~ David Knapp Date
Superintendent, CUSD. City Manager, City of Cupertino
Linda Rios
Contractor
APPROVED AS TO FORM:
Date
Charles Kilian, City Attorney
City of Cupertino
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Ezhibit A
Scone of Services
CONTRACTOR will provide education, training, and preventative services to
minors and families residing in the CITY and the CUSD boundaries. These
services include, but are not limited to, the following, provided agreement is
reached by all parties concerned:
- Conference with individual school, CUSD, City, and Santa Clara County {BCC)
Sheriff Office officials on a regular basis to provide prevention and intervention
strategies and resources for at risk students and families. Contractor will also
serve as a resource for parents, and she will meetJconference with them at a
designated school site, City or CUSD facility.
- Conduct in-service presentations for students, school staff, parent groups, .and/or
community organizations. Topics to include, but not limited to, school safety,
conflict resolution strategies and violence prevention.
- Assist the School Resource Officers (SRO) and law enforcement officials in
conducting presentations and meetings with school officials and/or families in
need of prevention and'intervention services.
- Assist the SROs in conducting monthly Youth Court sessions and in training
student members of the court.
- Meet with the SROs at the Office of the Sheriff (West Valley Substation) on a
regular basis to schedule appointments, meetings, presentations, and programs for
the schools and the community.
- Serve as a member of the School Attendance Review Board (BARB), attend
regularly scheduled meetings and provide follow-up on case referrals, including
accompanying law enforcement officials/SROs on home visits to truant students.
D~t~.ttend-meetings iriei~z~ed~-y~i~di`~idiial.-school, rTTCTI andl~r-_Git~-o#~cials
including, but are not limited to:
^ Truancy Abatement Collaborative (TAC) meetings sponsored by the Office of
the District Attorney.
^ CUSD Wellness Committee meetings.
^ Individual Education Plan {IEP), Student Study Team {SST), and Multi-
Disciplinary Team (MDT) meetings, as deemed appropriate by on-site school
principals andlor CUSD officials.
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