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15-070 Agreement between the County of Santa Clara, City of Cupertino and Fremont Union High School District (FUHSD) AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA, CITY OF CUPERTINO, AND FREMONT UNION HIGH SCHOOL DISTRICT This Agreement, dated May 19, 2015 by and between the City of Cupertino (City), The County of Santa Clara (County) 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, County, through its Office of the Sheriff (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 through a separate Law Enforcement Contract (Contract) which currently provides for funds for deputy Sheriff position(s) to serve as SROs, including in some of the schools in Cupertino; and WHEREAS the County, City and the School District would like to enter into an agreement to offset the financing of the SRO who is currently providing services in the School District. NOW, THEREFORE, the parties agree: I. LAW ENFORCEMENT SERVICES 1. The SRO will provide services to the School District, through the Contract, during the period of July 1, 2015, through June 30, 2020. For any SRO supported by funding under this Agreement, the SRO will provide these services up to the amount of funding exclusively within the School District limits in Cupertino, except in an emergency, or School Attendance Review Board instances. 2. These services funded by this Agreement 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. 1 3. The hours of coverage and other similar details shall be determined through agreement of the City, County and School District. II. COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The School District's funding of the SRO services during the period July 1, 2015, through June 30, 2020, shall be as follows: FY 15/16 -$10,456 FY 16/17-$10,770 FY 17/18 -$11,094 FY 18/19-$11,427 FY 19/20 -$11,770 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 10th of each year. 2. The City's funding of the SRO services during the period of July 1, 2015 through June 30, 2020 shall be set forth in Exhibit A of the annual law enforcement contract, which may be modified according to its terms. The School District's funding under this Agreement is contingent upon the City's funding for SRO services in at least the amount provided by the School District under this Agreement. 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. 2 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 County, 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 School District 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 City 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 July 1, 2015, through June 30, 2020. It will renew for subsequent service periods of July 1 through June 30, unless either party giving written notice to the other of its intention to so terminate, not later than the 2nd day of April of the same year. 3 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, 4f Floor San Jose, CA 95110 To the School District: Christine Mallery, CSO/Associate Superintendent Fremont Union High School District 589 W. Fremont Ave. Sunnyvale, CA 94087 To the City: Carol Atwood, Director of Recreation and Community Services City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 VII. SIGNATURES IN WITNESS WHEREOF, the parties execute this Agreement: COUNTY OF SANTA CLARA Date: t,7aurie Smith, Sheriff APPROVED AS TO FORM AND LEGALITY: Cheryl S vens, Deputy County Counsel Dat . - 4 FREMONT UNION HIGH SCHOOL DISTRICT Date: Cv J /JC' By: lnilzLm I',' Christine Mallery, CBO/Associate Supe fntendent CITY OF CUPERTINO Date: 1jp / By: Carol Atwood, Director Recreation and Community Services APPROVED AS TO FORM: arol Korade, City Attorney ATTEST: PP &Mc je -2-J—ff— City Clerk 5