13-135 Santa Clara County Office of the Sheriff, City of Cupertino, Fremont Union High School District for Second School Resource Officer AGREEMENT BETWEEN SANTA CLARA COUNTY OFFICE OF
THE SHERIFF, CITY OF CUPERTIN09 AND FREMONT UNION
HIGH SCHOOL DISTRICT
This Agreement,dated August 1, 1013 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 administratite 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
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WHEREAS the Sheriff, Cupertino and the School District would like to 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 1,2013,through June 30,
2014. 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.
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3. The hours of coverage and other similar details shall be determined by the
mutual consent of the Sheriff 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
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August 1,2013,through June 30,2014, shall be$10,000. The School
District shall pay the City of Cupertino within thirty days of invoicing.
The City shall invoice the School District no later than December 10,
2013.
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. BOLD 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.
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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.
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V. TERM OF AGREEMENT
This Agreement shall be in effect from August 1,2013,through June 30,2014. 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.
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`h Floor
San Jose,CA 95110
To the School District: Christine Mallery, CBO/Associate Superintendent
Fremont Union High School District
589 W.Fremont Ave.
Sunnyvale,CA 94087
To the City: David Brandt, 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
Date:
'I7 . By:
Captain Kenneth Binder,West Valley Div. Cmdr
FREMONT UNION HIGH SCHOOLTISTRICT
Date: yj r y
Polly Bove, S p rintendent
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CITY OF CUPERTINO
Date: 11,7 By:
David Brandt, City Manager
ROVED AS TO FORM:
ildw
�pY Carol Korade, City Atto y
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3202
C U P E RT I N O (408) 777-3220• FAX (408)777-3109
August 8,2013
Christine Mallery, CBO/Associate Superintendent
Fremont Union High School District
589 W. Fremont Ave
Sunnyvale CA 94087
Dear Ms. Mallery:
RE: Notice regarding Agreement between Santa Clara County Office of the Sheriff,
City of Cupertino, and Fremont Union High School District for School Resource Officer
Support
Enclosed please find an executed copy of the agreement between the City of Cupertino
("City"), the County Sheriff's Office ("County"), and the Fremont Union High School
District("District") for the period of August 1, 2013 to June 30, 2014.
In addition, pursuant to Section V of the Agreement, this letter is the City's notice to the
District and the County that the City does riot intend to renew the Agreement in its
current form beyond June 30, 2014.
The City is pleased to partner with the District: and the County on this project. However,
as discussed in our phone conversations with the District, the City believes the Agreement
form is outdated and requires updates to correct errors and clarify various issues. We
have attached a copy of the current agreement with edits and comments that we would
like addressed in any future agreement(for the 2014-2015 period and beyond).
Please do not hesitate to contact me at carola @cupertino.orz or 408-777-3226, if you have
any questions or concerns.
Sincerely,
Carol A. Atwood
Director of Administrative Services
Cc: Laurie Smith, Santa Clara County Sheriff
Northern California ReL[EF Issue Date
Protected Insurance Program for Schools CERTIFICATE OF COVERAGE 10/1/2013
ADMINISTRATOR: LICENSE# 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1740 Technology Drive, Suite 300 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
San Jose, CA 95110 AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
408-441-0754
www.keenan.com ENTITY A: Northern California ReLiEF
COVERED PARTY: ENTITY B: Protected Insurance Program for Schools
Fremont Union High School District
P.O. Box F ENTITY C.
589 West Fremont Avenue ENTITY D:
Sunnyvale CA 94087
ENTITY E:
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ RETAINED LIMIT LIMITS
LTR DOCUMENTS EXPIRATION DATE /DEDUCTIBLE
A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
[yj GENERAL LIABILITY` NCR 00109-27 7/1/2013 $ 25,000 $ 1,000,000
[ /lCLAIMS MADE (v'OCCURRENCE
[�jGOVERNMENT CODES 7/1/2014
ERRORS&OMISSIONS
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
[ ANY AUTO NCR 00109-27 7/1/2013 $ 25,000 $ 1,000,000
[ HIRED AUTO 7/1/2:014
[ NON-OWNED AUTO
[ GARAGE LIABILITY
[ AUTO PHYSICAL DAMAGE
A PROPERTY NCR 00109-27 7/1/2:013 $ 25,000 s 250,000,000
[ ALL RISK 7/1/20 14 EACH OCCURRENCE
[ EXCLUDES EARTHQUAKE&FLOOD
[ ]BUILDER'S RISK
A STUDENT PROFESSIONAL LIABILITY NCR 00109-27 7/1/2013 $ 25,000 s Included
7/11,20 14 EACH OCCURRENCE
B W RKERS COMPENSATION [ ]WC STATUTORY LIMITS [yj OTHER
[ EMPLOYERS'LIABILITY PIPS0012110 7/1/2013 $
7/1/2014 $ 1,000,000
E.L.EACH ACCIDENT
EXCESS WORKERS COMPENSATION $ 1,000,000
[ ]EMPLOYERS'LIABILITY $ E.L.DISEASE-EACH EMPLOYEE
$ 1,000,000
E.L.DISEASE-POLICY LIMITS
OTHER $
$
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
As respects to use of Quinlan Community Center facilities at 10185 N.Stelling Read,Cupertino,CA 95014 for Supervised events throughout
the coverage period.
CERTIFICATE HOLDER: CANCELLATION......SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE
CANCE, ` BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING ENTITY/JPA
WILL L�'t�f WW%MAIL 30 D Y�yWRIT EN N TI T THE CERTIFICATE
City of Cupertino, Its Officers, Officials & H ��p TO THE
i�24#� � � 1
Employees � t� ��
Attn: Parks& Recreation/Facilities €lQ4PtPtF&4dG)A)IPC .
10300 Torre Avenue
Cupertino CA 95014
John Stephens AUTHORIZED REPRESENTATIVE
,Carts0n1mc—
CERT NO.: 17929737 CLIENT CODE: FREMODNII Frances Freeman 10/1/2013 3:42:11 PM Page 1 of 2
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY COVERAGE_DOCUMENT ADMINISTRATOR
Fremont Union High School District NCR 00109-27 Keenan &Associates
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under"as respects" below.
Additional Cnvered Party-
City of Cupertino,Its Officers,Officials&
Employees
Attn:Parks&Recreation/Facilities
10300 Torre Avenue
Cupertino CA 95014
As Res e
As respects to use of Quinlan Community Center facilities at 10185 N. Stelling Road, Cupertino, CA 95014 for
Supervised events throughout the coverage period.
Authorized Representative
Issue Date: 10/1/2013
CERT NO.: 17929737 CLIENT CODE: FREMOUNII Frances Freeman 10/1/2013 3:42:11 PM Page! 2 of 2
Construction & Real Estate Practice
Wells Fargo Insurance Services USA, Inc-CA Lic#: 0
959 Skyway Rd., 2nd FI
San Carlos, CA 94070
CITY OF CUPERTINO
10300 TORRE AVE.
CUPERTINO, CA 95014
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