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10-097 Agreement, Santa Clara County Office of the Sheriff and Fremont Union High School District 11.1.2 9/7/10 AGREEMENT BETWEEN SANTA CLARA COUNTY OFFICE OF THE SHERIFF, CITY OF CUPERTINO, AND FREMONT UNION HIGH SCHOOL DISTRICT This Agreement, dated August 16. 2010 by and between the City of Cupertino (City), Santa Clara County Office of the Sheriff ("Sheriff') and the Fremont Union High School District ( "School District ") is to provide financial support for the position of one School Resource Officer ( "SRO ") to the School District. WHEREAS, the Sheriff has the legal authority to provide law enforcement services and criminal justice administrative services to schools located in the City of Cupertino and is equipped and willing to do so by utilizing the School Resource Officer as set forth in this Agreement; and WHEREAS, Sheriff is primarily responsible for providing law enforcement services within the City of Cupertino which currently funds part of a deputy Sheriff position to serve as an SRO, including in some of the schools in Cupertino; and WHEREAS the Sheriff, Cupertino and the School District would like enter into an agreement to supplement the finances of the SRO who is currently providing services in the City of Cupertino. NOW, THEREFORE, the parties agree: I. LAW ENFORCEMENT SERVICES 1. The SRO will provide services to the School District, as requested by the School District during the period of August 16, 2010 through June 30, 2011. The SRO will provide these services exclusively within the School District limits in Cupertino, except in an emergency, or School Attendance Review Board instances. 2. These services may include, if requested by School District, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement related services that are acceptable of being scheduled and within the capability of the Sheriff to provide at the schools. 3. The hours of coverage and other similar details shall be determined by the mutual consent of the Sheri ff and the Superintendent of School District. II. COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The School District's cost of the SRO services during the period of August 16, 2010 through June 30, 2011 shall be $10,000. The School District 2 • 11.1.3 9/7/10 shall pay the City of Cupertino within thirty days of invoicing. The City shall invoice the School District no later than December 10, 2011. B. Law Enforcement Services 1. The details of provision of the SRO services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall be in the discretion of the Sheriff. 2. In the event of a disagreement as to the performance or level of the services to be provided, the Sheriff or his/her designee shall meet with the representative(s) of School District to review the manner of performance of such services. III. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the School District and City, its staff, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the Sheriff and its employees set forth in this Agreement. B. The School District shall indemnify, defend, and hold harmless the Sheriff and City, its deputies, agents, staff and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the Sheriff and its employees set forth in this Agreement. C. The City shall indemnify, defend, and hold harmless the School District and Sheriff, its staff, agents, deputies and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the Sheriff and its employees set forth in this Agreement. D. This mutual indemnification agreement is adopted pursuant to Government Code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code section 895.6. IV. INSURANCE AND LIABILITY County, City and School District shall each maintain its own liability insurance coverage, through self - insurance or otherwise, against any claim of civil liability arising out of the performance of this Agreement. V. TERM OF AGREEMENT This Agreement shall be in effect from August 16, 2010 through June 30, 2011. It will renew for subsequent service periods of August 1 through June 30, unless written notice indicating otherwise is given by either party no later than July 1. 3 1 1.1.4 9/7/10 VI. NOTICES Communications relating to this Agreement shall be in writing and shall be delivered personally, sent by United States mail, first class postage prepaid, or by private messenger or courier service: To the Sheriff: Laurie Smith, Sheriff Santa Clara County Office of the Sheriff 55 West Younger Avenue, 4 Floor San Jose, CA 95110 To the School District: Polly Bove, Superintendent Fremont Union High School District 589 W. Fremont Ave. Sunnyvale, CA 94087 To the City: David Knapp, City Manager City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 VII. SIGNATURES IN WITNESS WHEREOF, the parties execute this Agreement: OFFICE OF THE SHERIFF nn �— 36 Date: q 2 2- 10 By: _ I�RPi / • Captain Terry Calderone, West Valley Div. Cmdr FREMONT UNION HIGH SCHOOL DISTRICT Date: `k' 1 - \ B ( Polly Bova, ', uperintendent 4 11.1.5 9/7/10 CITY OF CUPERTINO Date: 1. 2, , (0 By: Cw- David Knapp, City Manager APPROVED AS TO FORM: I k0 ' Caro Korade, City Attorney 5