02-064 Youth Probation Officer Services (unsigned)AGREEMENT FAR SERVICES
BETWIEEN
THE COUNTY OF SANTA CLARA
An~i
THE CUPERTINO UNIO~J SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
This is an Agreement between the COUNTY (~F SANTA CLARA on behalf of the
Probation Department, ("COUNTY") and CUPERTINO UNION SCHOOL DISTRICT
("CUSD") and the CITY OF CUPERTINO ("CITY.")
PURPOSE
COUNTY, CUSD and CITY shall work collaboratively to provide delinquency prevention,
early intervention, and diversion services to minors served by CUSD and City for the
period of July 1, 2002, to June 30, 2003.
IT IS AGREED BETWEEN THE PARTIES A:. 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 supE~rvision for the Deputy Probation Officer.
II. CUSD & CITY SHALL:
A. Each compensate COUNTY one-half of the total salary, not including benefits, of 1
Deputy Probation Officer in a combined to~ral amount not to exceed $73,608.
n B. Provide-~I ee's~"a~e for the Deputy Probation Officer.
C. Follow COUNTY policies regarding trainini~, 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, su~~h participation to occur during regular
working hours on a scheduled basis.
III. SCOPE OF SERVICE
x A. The assigned Deputy Probation Officer sh;~ll provide delinquency prevention,
community intervention, diversion services and programs to minors and families
served by any of the participating agencies. Rt le.as-'t- 2l3izDS of -i-h~ r i-1ms~. v~c~ It bc.
B. The assigned Deputy Probation Officer shell maintain and provide agreed-upon ~~~~ i~ek~
statistics on a monthly basis to the CONTRACTOR. c}~ec~c~-~
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IV. OTHER REQUIREMENTS resic~e~s -
A. The Deputy Probation Officer shall be em~~loyee of the COUNTY and shall in no way
deemed to be an employee of CUSD or CITY.
B. Deputy Probation Officers are not authorized to be armed in the course of their
employment with the Santa Clara County, Probation Department pursuant to
Department Policy. This policy applies to ~~ny Deputy Probation Officer working
under this Agreement.
C. The Deputy Probation Officer shall not be ;assigned duties ordinarily performed only
by armed law enforcement personnel.
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AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF SANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNIOPJ SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
V. COMPENSATION
Compensation paid under this Agreement shall not exceed $73,608.
VI_ TERM
The term of this Agreement shall be effective from July 1, 2002 to June 30, 2003.
VII. AMENDMENTS
This Agreement may be amended only by a written 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 CUSD & CITY.
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 CUSD: Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To CITY: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3~?55
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
agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the COUNTY, 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 f~~r 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 willful misconduct of other parties hereto,
their officers, board members, employees or agents, under or in connection with or
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AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF SANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNIOPJ SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
arising out of any work, authority or jurisdiction delegated to such other parties under this
Agreement.
XI. NONDISCRIMINATION
CUSD & CITY shall comply with all applicable Federal, State, and local laws and
regulations including Santa Clara County's policies concerning nondiscrimination and
equal opportunity in contracting. Such laws in~;lude but are not limited to the following:
Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of
1990; The Rehabilitation Act of 1973 (Sectiorns 503 and 504); California Fair
Employment and Housing Act (Government Code sections 12900 et seq.); California
Labor Code sections 1101, 1102. 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 CUSD & CITY discriminate in provision of services provided under this contract
because of age, race, color, national origin, ancestry, religion, sex/gender, sexual
orientation, mental disability, physical disabilit~~, 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 provi~~e 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.
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 ~~r any other instance. Any waiver granted
by a party must be in writing, and shall apply t~~ 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 effect the validity or enforceability of this
Agreement.
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AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF SANTA CLARA
AND THE FREMONT UNION SCHOOL DISTRICT,
THE CUPERTINO UNION SCHOOL DISTRICT,
& THE CITY OF CUPERTINO
XVII. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. All prior negotiations, vrritten 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 e~:ecuted this Agreement as indicated below:
COUNTY OF SANTA CLARA
John Cavalli Date
Chief Probation Officer
APPROVED AS TO FORM AND LEGALITY:
Susan Swain Date
Deputy County Counsel
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CITY OF CUPERTINO
David Knapp
Date
CUPERTINO UNION SCHOOL
DISTRICT
Dr. William Bragg Date
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