03-111 Santa Clara County/Cupertino Union School DistrictAGREEMENT FIR SERVICES
BETWEEN
THE COUNTY OF SANTA CLARA
And
THE CUPERTINO UNIOIV SCHOOL DISTRICT,
~ THE CITY OF CUPERTINO
This is an Agreement between the COUNTY OF 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 will work collabor<~tively to provide delinquency prevention,
early intervention, and diversion services to rr~inors served by CUSD and the CITY for
the period of July 1, 2003, to June 30, 2004.
IT IS AGREED BETWEEN THE PARTIES A:i FOLLOWS:
I. COUNTY MUST:
A. Assign 1 Deputy Probation Officer to provide services as described herein under
Section III "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. CUSD 8~ CITY MUST:
A. .Each compensate COUNTY one-half of the total salary, not including benefits, of 1
Deputy Probation Officer in a combined total salary amount not to exceed $76,947.
B. Provide hearing space for the Deputy Probation Officer.
C. Follow COUNTY policies regarding trainirn~, 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 or leis or her designee, such participation to
occur during regular working hours on a s~;heduled basis.
III. SCOPE OF SERVICE
A. 50% of the assigned Deputy Probation Ofiicer's time will be to provide services
normally provided by COUNTY to a municipality as set forth under the guidelines of
the restorative justice program. (Current Cupertino/CUSD cases approximate a .5
FTE caseload)
B. 50% of the assigned Deputy Probation Officer's time will be to provide education,
training and preventative services as identified by the CITY and/or CUSD.
(Cupertino and CUSD are paying approximately 75% for this scope of service
between salary, office space, etc:)
C. The Deputy Probation Officer will provide :paid services to resident minors and
families residing in the CITY and/or CUSD boundaries. In addition, the Officer can
provide the services defined herein under Section III.A to other minors and families
(not CITY or CUSD clients) in the 95129 zip code to assist the COUNTY during this
budget crisis, provided such cases do not exceed 25 cases per contract year
(equates to approximately 10% of the caseload). The Officer will maintain and
provide a log of cases from the 95129 zip code area to ensure that the CITY and
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
CUSD are not paying for other minors an~1 families over and above this agreed upon
limit.
IV. OTHER REQUIREMENTS
A. The Deputy Probation Officer will be an employee of the COUNTY and will in no way
be deemed an employee of CUSD or CITY.
B. Deputy Probation Officers are not authori ~ed to be armed in the course of their
employment with the Santa Clara County Probation Department pursuant to
Department Policy. This policy applies to any Deputy Probation Officer working
under this Agreement.
C. The Deputy Probation Officer must not bE~ assigned duties ordinarily performed only
by armed law enforcement personnel.
V. COMPENSATION
Compensation paid under this Agreement must not exceed $76,947.
VI. TERM
The term of this Agreement is from July 1, 2003, up to, and including June 30, 2004.
VII. AMENDMENTS
This Agreement may be amended only by a written instrument signed by all the parties.
VIII. TERMINATION
This Agreement may be terminated by any p~~rty upon 30 days written notification to the
other parties. 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 must be in writing and will be deemed effective
upon their deposit in the United States mail, F~ostage prepaid with return receipt
requested and addressed:
To COUNTY: County of Santa Clara
Probation Department
Administrative Service: Division
2610 North First Street
San Jose, CA 95134
ATTN: Contracts Admi~~istration
To CUSD: Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To CITY: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
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AGREEMENT FOR SERVICES BETWEEN
THE COUNTY OF SANTA CLARA
AND THE FREMONT UNI~JN SCHOOL DISTRICT,
THE CUPERTINO UNION SCHOOL DISTRICT,
8 THE CITY OF CUPERTINO
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 will 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 must fully indemnify and hold each of the other
parties, their officers, board members, emplo~iees 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 officE~rs, 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 will be responsible for any damage or liability occurring by
reason of the negligent acts or omissions or ~nrillful misconduct of other, parties hereto,
their officers, board members, employees or ~~gents, under or in connection with or
arising out of any work, authority or jurisdiction delegated to such other parties under this
Agreement.
XI. INSURANCE
Each party to this Agreement must, at its own expense, maintain a program of self-
insurance and/or insurance for general liabilit~~ 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 cover~ige must remain. in force during the entire
term of this Agreement. Each party must provide evidence that the required coverage is
in place.
XII. NONDISCRIMINATION
CUSD & CITY must 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 (Sections 503 and 504); California Fair
Employment and Housing Act (Government Code sections 12900 et seq.); California
Labor Code sections 1101, 1102. CUSD & CITY must not discriminate against any
subcontractor, employee, or applicant for em~~loyment 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, ratE~s of pay or other forms of compensation
Nor must 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 disability, medical condition, political
beliefs, organizational affiliations, or marital status.
XIII. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original, but all of which together constitutes one and the same
instrument.
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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
XIV. WAIVER
No delay or failure to require performance of any provision of this Agreement constitutes
a waiver of that provision as to that or any otf•ier instance. Any waiver granted by a party
must be in writing, and applies to the specific instance expressly stated.
XV. GOVERNING LAW
This Agreement has been executed and delivered in, and will 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 a court of competent jurisdiction to be void
invalid or unenforceable, the same will either be reformed to comply with applicable law
or stricken if not so conformable, so as not to affect the validity or enforceability of this
Agreement.
XVII. ENTIRE AGREEMENT
This document embodies the entire Agreeme~~t between the parties with respect to the
subject matter hereof. All prior negotiations, ~roritten 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 CITY OF UPERTINO
J n Cavalli Date David Knapp Date
Chief Probation Officer
CUPERTINO UNION SCHOOL
DISTRICT
~' ,T/ G~
i iam Bragg Date
APPROVED AS TO FORM AND LEGALITY:
l~ ~ ~'
~ ~>
u an Swain Dat
Deputy County Counsel
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