25-091 County of Santa Clara Office of the Sheriff Fremont Union High School District1
AGREEMENT 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, THEREFORE, 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, 2025, through June 30, 2026.
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 routine 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.
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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:
FY 25/26 $14,191
The School District shall pay the City within thirty days of i nvoicing. The City shall invoice
the School District no later than December 10th of each year.
2. The City’s obligation to the Sheriff’s Office for SRO services during the
period of July 1, 2025, through June 30, 2026, is per the payment terms set forth in Exhibit A
of the City’s Law Enforcement Contract with the Coun ty of Santa Clara, as amended on May
21, 2024.
3. This Agreement is contingent upon the appropriation 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 either 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 such services.
III.INDEMNITY
A.The Sheriff’s Office shall defend, indemnify, and hold harmless the School
District 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, and hold harmless the Sheriff’s
Office 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 and
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obligations 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 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
The 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 AGREEMENT
This Agreement shall be in effect from July 1, 2025 through June 30, 2026. Any party
may terminate this Agreement by giving written notice to the others of its intention to so
terminate, not later than the 2 nd day of April of the same year.
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: Sheriff Robert Jonsen
County of Santa Clara Office of the Sheriff
55 W. Younger Avenue, 4th 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
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To the City: Rachelle Sander
Director of Parks and Recreation
10185 N. Stelling Road
Cupertino, CA 95014
VII.SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
COUNTY OF SANTA CLARA
_______________________________ __________
Matthew Hada Date
Director of Procurement
Approved as to Form and Legality:
_______________________________ __________
Stephanie M. Jackson Date
Deputy County Counsel
FREMONT UNION HIGH SCHOOL DISTRICT
_______________________________ __________
Christine Mallery Date
CBO/Associate Superintendent
CITY OF CUPERTINO
_______________________________ __________
Rachelle Sander Date
Director of Parks and Recreation
Docusign Envelope ID: C6EA2D15-19BE-4077-B1E3-770944324A4A
6/11/2025
Docusign Envelope ID: 1126A884-4C71-49BC-866C-4616C44C906F
6/16/2025
Docusign Envelope ID: D5D758E9-FF25-4B1A-960A-4EEB9EB5150A
6/23/2025
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APPROVED AS TO FORM:
_________________________________ __________
Michael Woo, Sr Assistant City Attorney Date
ATTEST:
_______________________________ __________
Kirsten Squarcia, City Clerk Date
Docusign Envelope ID: C6EA2D15-19BE-4077-B1E3-770944324A4A
6/13/2025
6/13/2025
Docusign Envelope ID: 1126A884-4C71-49BC-866C-4616C44C906FDocusign Envelope ID: D5D758E9-FF25-4B1A-960A-4EEB9EB5150A