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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.          Docusign Envelope ID: C6EA2D15-19BE-4077-B1E3-770944324A4ADocusign Envelope ID: 1126A884-4C71-49BC-866C-4616C44C906FDocusign Envelope ID: D5D758E9-FF25-4B1A-960A-4EEB9EB5150A 2 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          Docusign Envelope ID: C6EA2D15-19BE-4077-B1E3-770944324A4ADocusign Envelope ID: 1126A884-4C71-49BC-866C-4616C44C906FDocusign Envelope ID: D5D758E9-FF25-4B1A-960A-4EEB9EB5150A 3 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          Docusign Envelope ID: C6EA2D15-19BE-4077-B1E3-770944324A4ADocusign Envelope ID: 1126A884-4C71-49BC-866C-4616C44C906FDocusign Envelope ID: D5D758E9-FF25-4B1A-960A-4EEB9EB5150A 4 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 5 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