20-090 County of Santa Clara and Fremont Union High School District, School Resource Officer (SRO), effective 7.1.20AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA,
CITY OF CUPERTINO, AND FREMONT UNION HIGH SCHOOL
DISTRICT
This Agreement is by and between the City of Cupertino ("City"), the County of Santa
Clara Office of the Sheriff ("Sheriff's Office"), and the Fremont Union High School
District ("School District"). The School District is to provide funding for one School
Resource Officer ("SRO") to provide law enforcement services on School District
campuses and property;
WHEREAS, the Sheriff's Office has the legal authority to provide law enforcement
services and criminal justice administrative services to schools located in the City, and
can provide an SRO as set forth in this Agreement; and
WHEREAS, the Sheriff's Office is primarily responsible for providing law enforcement
services within the City through a separate Law Enforcement Contract with the County
of Santa Clara, which currently provides Deputy Sheriff position(s) to serve as SROs,
in some of the schools in the City; and
WHEREAS the Sheriff's Office, the City, and the School District desire to enter into an
agreement to provide funding for an SRO position to serve the School District;
NOW, THE REFORE, the parties agree to the following:
I.LAW ENFORCEMENT SERVICES
A.The SRO will provide law enforcement services to the School District,
through this Agreement, during the period of July 1, 2020, through June 30, 2025.
B.The law enforcement services in this Agreement include, but are not
limited to, crime prevention patrols, crime investigation, educational programs, traffic
control and traffic enforcement for special events, and other law enforcement related
services within the capability of the Sheriff to provide at the schools within the School
District.
C.Scheduling of ro utine SRO law enforcement services and services for special
events shall be coordinated between the Sheriff's Office, the School District, and when necessary
the City.
DocuSign Envelope ID: 6730F0EC-FC8A-4875-A64A-7A0A028BA58D
II.COMPENSATION AND SUPERVISION
A.Compensation for Law Enforcement Services Provided by Sheriff
1.The School District will provide the City with payment for SRO services
according to the following schedule (amounts reflect a 3% increase eac h fiscal year):
FY 20121 $12,123
FY 21122 $12,487
FY 22123 $12,861
FY 23124 $13,247
FY 24/25 $13,645
The School District shall pay the City within thirty days of invoicing. The City shall invoice
the School District no later than December 1 oth of each year.
2.The City's obligation to the Sheriff's Office for SRO services during the
period of July 1, 2020, through June 30, 2025, is per the payment terms set forth in Exhibit A
of the City's Law Enforcement Contract with the County of Santa Clara, which commenced
on July 1, 2014. Because that Contract is set to expire in 2024, prior to the expiration of this
Agreement , payment for the final year (FY24125) of this Agreement shall be increased from
the FY23124 amount per the terms of Paragraph II of the City's Law Enforcement Contract
with the County of Santa Clara.
3. This Agreement is contingent upon the appropriat ion of sufficient funding
by both the City and the School District for the services covered by this Agreement. If the
funding for this Agreement is reduced or eliminated by eit her the City or the School District,
any party has the option to terminate this Agreement, or amend this Agreement to reduce the
cost and corresponding services provided. However, no party to this Agreement shall be
obligated to accept such amendment.
B.Supervision of 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 or her appointee.
2.In the event of a disagreement as to the performance or level of the
services to be provided, the Sheriff or her designee shall meet with the representative( s) of
School District to review the manner of performance of suc h services.
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DocuSign Envelope ID: 6730F0EC-FC8A-4875-A64A-7A0A028BA58D
III.INDEMNITYA.The Sheriff's Office shall defend, indemnify, and hold harmless the SchoolDistrict and City, and their 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 defend, indemnify, an d hold harmless the Sheriff'sOffice and City, and their deputies, agents, staff and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties andobligations of the School District and its employees set forth in this Agreement. C.The City shall defend, indemnify, and hold harmless the School District and Sheriff's Office, and their 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 GovernmentCode 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 LIABILITYThe Sheriff's Office, 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 AGREEMENTThis Agreement shall be in effect from July 1, 2020 through June 30, 2025. Any party may terminate this Agreement by giving written notice to the others of its intention to so terminate, not later than the 2nd day of April of the same year.Ill
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DocuSign Envelope ID: 6730F0EC-FC8A-4875-A64A-7A0A028BA58D
VI.NOTICES
Communications relating t o this Agreement shall be in writing and shall be delivered
personally, sent by United St ates mail, first class post age prepaid, or by private
messenger or courier service:
To the Sheriff:
To the School District:
To the City:
Vil SIGNATURES
Sheriff Laurie Smith
County. of Santa Clara Office of the Sheriff
55 W. Younger Avenue, 4th Floor
San Jose, CA 95110
Christine Mallery
CBO/Associate Superintendent
Fremont Union High School District
589 W. Fremont Ave.
Sunnyvale, CA94087
Katy Nomura,
Assistant to the Cupertino City Manager
10300 Torre Ave.
Cupertino, CA 95014
IN WITNESS WHEREOF, the parties execute this Agreement :
COUNTY OF SANTA CLARA
Gene Clark
Approved as to Form and Legality:
Christopher A. Capozzi
Deputy County Counsel
4
Date
6/3/2020
Date
Chief Procurement Officer
DocuSign Envelope ID: 6730F0EC-FC8A-4875-A64A-7A0A028BA58D
7/14/2020
Heather M. Minner Jul 1, 2020
Deborah L. Feng Jul 4, 2020
Jul 5, 2020
DocuSign Envelope ID: 6730F0EC-FC8A-4875-A64A-7A0A028BA58D