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07-037, Linda Rios 07....0?,7 AGREEMENT FOR SERVICES BETWEEN LINDA RIOS, THE CUPERTINO UNION SCHOOL DISTRICT, & THE CITY OF CUPERTINO This Agreement is entered into on April 3, 2007, 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 $80,000 for the fiscal year ending June 30, 2008. 3. TERM The term of this Agreement shall be effective from July 1,2007 to June 30, 2008. 4. AMENDMENTS . Only a written instrument signed by all the parties may amend this Agreement. 5. TERMINA TION 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 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 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. 2 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 not to affect the validity or enforceability ofthis 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: ~ .Q,J~~ {.'.Dq Phil Quon Date David Knapp Date Superintendent, CUSD City Manager, City of Cupertino 'i-/3-()r Date APPROVED AS TO FORM: Charles Kilian, City Attorney City of Cupertino 3 Exhibit A Scope 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 (SCC) 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 meet/conference 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 (SARB), attend regularly scheduled meetings and provide follow-up on case referrals, including accompanying law enforcement officials/SROs on home visits to truant students. ~ Attend meetings identified by individual school, CUSD and/or City officials including, but are not limited to: . Truancy Abatement Collaborative (T AC) 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 and/or CUSD officials. 4