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Agreement - Morgan Hill Unified School District - Child/Youth Behavioral Grant - Action 3.0.mMORGAN HILL UNIFIED SCHOOL DISTRICT CONTRACT APPROVAL ROUTING SHEET 2024-25 The District employee that is providing the attached Services Agreement to the person or entity that will be providing special services to the District should first do the following: 1.Provide only the Morgan Hill Unified School District’s approved Services Agreement.The Services Agreement should be completed in lieu of signing any vendor contract for services. 2.The completed Services Agreement needs to be submitted to the Assistant Superintendent's office the Thursday prior to the Board deadline date,unless otherwise noted. Title of MOU /Contract /Grant Agreement:City of Gilroy Program Name:Child/Youth Behavioral Grant -Action:3.0.m Budget Code(s):060 -9010 -0 -5800 -00 -1110 -3110 -901025 -000 -0000 100 % Budget Code(s):---------% Date Routed:Google Sheet under $100k Amount:$45,000 Site:All Secondary Sites Board Approval Date:Link to Google Doc 1.Contract Initiator:Claudia Estrada Google Comment/Approval 2.Contract Administrator:Jessie Swift Google Comment/Approval 3.Assistant Superintendent HR:Diana Tavares (Only for personnel contracts,ex:psychologist) Google Comment/Approval 4.Contract Executive:Dr. Diana Jiménez, Ed Services Google Comment/Approval 5.Fiscal Services,Buyer:Dianne Dalton Google Comment/Approval 6.Fiscal Services,Director:Doris Lopez Google Comment/Approval 7.Fiscal Services,Accounting Specialist:Alicia Rojas Google Comment/FYI 8.Department Executive Assistant,Confidential:Claudia Estrada Google Comment/Approval 9.Business Services:Tricia Campbell Google Comment/Approval 10.Assistant Superintendent and CFO:Kolvira Chheng Google Comment/Approval 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 0 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT SERVICES AGREEMENT 2024-25 THIS AGREEMENT (“Agreement ”)is made between Morgan Hill Unified School District,15600 Concord Circle,Morgan Hill,CA 95037,hereinafter referred to as the DISTRICT,and the following named service provider hereinafter referred to as VENDOR: Vendor:City of Gilroy Signer Name:Jimmy Forbis ,City Administrator Address:7351 Rosanna Street Mailing Address: City:Gilroy State:California Zip:95020 Phone:408-846-0202 Fax: Email:Jimmy.Forbis@cityofgilroy.org DIR Number: Federal Tax ID:946000340 Federal Tax Classification:Government VENDOR IS RESPONSIBLE FOR UPDATING CONTACT INFORMATION IN A TIMELY MANNER NOTE:Federal Regulations (Code Sections 6041 and 6209)require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer.The regulations also provide that a penalty may be imposed or failure to furnish the taxpayer identification number.The DISTRICT requires your federal tax identification number or Social Security Number,whichever is applicable,in order to comply with these regulations. Pursuant to Government Code 16.5,public entities,including districts,are permitted to use digital signatures in their communications and operations.A digital signature is a type of electronic signature, as defined in Civil Code 1633.1.Any such digital or electronic signature has the same force and effect as a manual signature,provided the signature is created using acceptable technology and includes attributes specified in 2 CCR 22000-22005. Submittal of Documents:The VENDOR shall not commence the work under this Agreement until the VENDOR has submitted and the DISTRICT has approved the certificate(s)and affidavit(s),and the endorsement(s)of the insurance required as indicated below: ●Signed Agreement ●Insurance Certificates and Endorsements ●W-9 Form ●Workers’Compensation ●Tuberculosis Clearance ●Student Data Confidentiality Agreement ●Fingerprinting /Criminal Background ●Addendum for Technology Service Agreement (if applicable) ●Economic Sanctions Form ●Amendment 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 1 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 1.TERM This Agreement is effective on 7/1/2024 and terminates on 6/30/2025 or upon completion of services,whichever occurs first. VENDOR shall not undertake any work under this Agreement until this Agreement is reviewed and approved by the DISTRICT’s Board of Education,and VENDOR is in receipt of a signed Agreement. 2.TERMINATION 2.1.Without cause by DISTRICT.DISTRICT may,at any time,with or without reason, terminate this Agreement and compensate VENDOR only for services satisfactorily rendered to the date of termination.Written notice by DISTRICT shall be sufficient to stop further performance of services by VENDOR.Notice shall be deemed given when received by the VENDOR no later than three (3)days after the day of mailing,whichever is sooner. 2.2.Without cause by VENDOR.VENDOR may,upon thirty (30)day notice,with or without reason,terminate this Agreement.Upon this termination,DISTRICT shall only be obligated to compensate VENDOR for services satisfactorily rendered to the date of termination.Written notice by VENDOR shall be sufficient to stop further performance of services to DISTRICT.VENDOR acknowledges that this thirty (30)day notice period is acceptable so that the DISTRICT can attempt to procure the services from another source. 2.3.With cause by DISTRICT.DISTRICT may terminate this Agreement upon giving of written notice of intention to terminate for cause.Cause shall include: 2.3.1.Material violation of this Agreement by the VENDOR;or 2.3.2.Any act by VENDOR exposing the DISTRICT to liability to others for personal injury or property damage;or 2.3.3.VENDOR is adjudged bankrupt,VENDOR makes a general assignment for the benefit of creditors or a receiver is appointed on account of VENDOR’S insolvency. Written notice by DISTRICT shall contain the reasons for such intention to terminate and unless within three (3)calendar days after that notice the condition or violation shall cease,or satisfactory arrangements for the correction thereof be made,this Agreement shall upon the expiration of the three (3)calendar days cease and terminate.In the event of this termination, the DISTRICT may secure the required services from another VENDOR.If the expense,fees, and/or costs to the DISTRICT exceed the cost of providing the services pursuant to this Agreement,the VENDOR shall immediately pay the excess expense,fees,and/or costs to the DISTRICT upon the receipt of the DISTRICT’S notice of these expenses,fees,and/or costs.The foregoing provisions are in addition to and not a limitation of any other rights or remedies available. 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 2 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 3.SUBCONTRACT OR ASSIGNMENT Neither party shall assign,delegate or subcontract any part of this Agreement without the written consent of the other party. 4.INTERPRETATION In the event of any conflict or inconsistency between VENDOR’S agreement or documents and this MORGAN HILL UNIFIED SCHOOL DISTRICT SERVICES AGREEMENT,the MORGAN HILL UNIFIED SCHOOL DISTRICT SERVICES AGREEMENT shall prevail and supersede all other agreements or contract language. 5.INDEPENDENT CONTRACTOR STATUS In the performance of the services to be provided,VENDOR is an independent contractor with the authority to control and direct the performance of the details of the work,and this Agreement shall not be construed to create the relationship of agent,employee,partnership, joint venture,or association.VENDOR understands and agrees that it and all of its employees are not employees of the DISTRICT and are not entitled to benefits to which DISTRICT employees are normally entitled,including,but not limited to,State Unemployment Compensation,Workers’ Compensation,vacation or sick pay. 6.TAX REPORTING /PAYMENT VENDOR shall assume full responsibility for payment of all federal,state,and local taxes or contributions,including,but not limited to,Unemployment Insurance,Social Security and Income Taxes with respect to VENDOR’S employees.Pursuant to IRS regulations,the DISTRICT shall provide VENDOR in IRS identified tax classification with an annual statement of compensation on the appropriate federal forms (currently IRS Form 1099 Misc.). 7.REGULATIONS VENDOR shall comply with all federal,state,and local laws,ordinances,regulations,permit requirements,and Board of Education’s policies and regulations in performance of this Agreement,including as set forth herein at Paragraph 8. 8.FINGERPRINTING AND CRIMINAL RECORDS CHECK The Fingerprinting/Criminal Background Investigation Certification must be completed and attached to this Agreement prior to the VENDOR performing any of the services as listed in Item 12 of this Agreement.DISTRICT retains authority to remove any VENDOR employee from DISTRICT site upon the determination that he/she has not complied with this fingerprinting and background check requirement,or has been convicted of a violent or serious felony,as defined in Education Code §45122.1.VENDOR must notify the DISTRICT and remove any employee immediately should the VENDOR learn that an employee working on a DISTRICT site has been convicted of a serious or violent felony,or sex offense.Failure to provide notice as required above may result in cancellation of this Agreement by DISTRICT and further legal action by the DISTRICT where applicable. 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 3 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 9.GOVERNING LAW This Agreement shall be governed under the laws of the State of California.VENDOR hereby consents to the jurisdiction of the state or federal courts of Santa Clara County,California. 10.MISCELLANEOUS This Agreement contains the entire agreement between DISTRICT and VENDOR and supersedes any and all prior discussions,understandings,and negotiations,whether oral or in writing.This Agreement may not be modified or amended unless in writing and signed by both parties. 11.INSURANCE AND INDEMNIFICATION VENDOR agrees to defend,indemnify,and hold harmless the DISTRICT,its Board of Education, officers,employees and agents,individually and collectively,from and against all costs,losses, claims,demands,suits,actions,payments,liabilities and judgments,including attorneys fees, arising from personal or bodily injuries,property damage or otherwise,regardless of and however caused that may arise for any reason from VENDOR’S performance of this Agreement. VENDOR must keep in full force and effect a policy or policies of Workers’Compensation Insurance in the amount or amounts required by applicable law. During the term of this Agreement,VENDOR shall procure and maintain general liability and/or professional liability (errors and omissions)and automobile liability (if applicable), from a California licensed insurer acceptable to DISTRICT with per-occurrence limits of $1 Million unless otherwise specified by the DISTRICT.VENDOR shall provide DISTRICT with a Certificate(s)of Insurance evidencing such coverage.High risk activities may require additional coverage as determined by the DISTRICT.Certificate Holder is Morgan Hill Unified School District.VENDOR shall also provide an Additional Insured Endorsement,naming Morgan Hill Unified School District as Additional Insured.Such insurance coverage shall be primary insurance and any insurance or self-insurance maintained by the DISTRICT shall be non-contributory.These certificates shall contain a provision that coverage afforded under the policy will not be canceled or allowed to expire until at least thirty (30)days prior written notice has been delivered to the DISTRICT. 12.DESCRIPTION OF SERVICES (SCOPE OF WORK) VENDOR shall supply all required payment and performance bonds and shall pay employees applicable prevailing wages in accordance with state and federal law where required.VENDOR shall furnish,at its own expense,all labor,materials,equipment and other items necessary to carry out the terms of this Agreement.Additional pages may be added and shall be marked Exhibit “A”and are incorporated herein by this reference.VENDOR shall provide the following services to DISTRICT: Company Information:The is a regional collaboration of local governments,school districts,community and faith-based organizations,community members,and law enforcement agencies in South Santa Clara County who are committed to serving,supporting,and 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 4 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 uplifting our youth so that they have the opportunity to thrive.SCYTF strives to fulfill the collaborative’s Mission and Vision: Mission:To promote a safe and nurturing community that creates and ensures sustainable access to opportunities,resources,and services for South County youth and their families,while empowering their voice and supporting their growth and success. Vision:A community that is safe and free of youth violence where young people are strong,thriving and connected to their families,schools,and neighborhoods. Scope of Work:This agreement will provide funding to support the work of the .The SCYTF is a collaboration that seeks to reduce juvenile delinquent behaviors,recruitment of youth into gangs,and youth violence in South Santa Clara County.This MHUSD agreement will provide matching funds to complement funding from the County of Santa Clara,the City of Gilroy and the Gilroy Unified School District. SCYTF will provide the following services to MHUSD:Diversion Services,Youth Outreach,Youth Groups,Case Management,School Based Team Crisis Response and Trainings totaling $45,000.These services will be available to the middle and high schools during the 2024-25 school year. Approximately eight youth groups using an evidenced-based curriculum will be rendered at the following schools:Britton Middle School,Martin Murphy Middle School,San Martin/Gwinn,Ann Sobrato High School,Central Continuation High School,and Live Oak High School.Each group will have about 10-15 youths per session.Additionally,at least one Restorative Justice/Practice training will take place during the school year for school staff/administrators.Ongoing outreach and case management will be provided based on school needs and requests The City of Gilroy will invoice the MHUSD for a lump sum payment in the amount of $45,000 within 30 days prior to the end of the 2023-24 school year. Location(s):All Secondary Sites Rate:Not to exceed $45,000.00 13.COMPENSATION AND EXPENSES DISTRICT agrees to pay the VENDOR for services satisfactorily rendered pursuant to this Agreement at the rate set forth in Section 12 for a total fee not to exceed $$45,000.District shall pay VENDOR according to the following terms and conditions: 13.1.Payment shall be made for all undisputed amounts in installment payments within thirty (30)days after the VENDOR submits an invoice to the DISTRICT.VENDOR will only be paid after the MHUSD Board of Education has approved/ratified this Agreement. 13.2.VENDOR invoices will be subject to verification that services have been rendered and subject to written approval by the Assistant Superintendent or designee. 13.3.DISTRICT shall not be liable to VENDOR for any costs or expenses paid or incurred by VENDOR in performing services for DISTRICT including but not limited to travel, professional development related expenses,duplication,etc. 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 5 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 13.4.VENDOR shall not increase prices during the term of this Agreement. 13.5.All invoices must be submitted within 30 days of rendering services.DISTRICT reserves the right to reject invoices submitted for payment more than 30 days after services are performed. 14.OWNERSHIP OF WORK PRODUCT VENDOR agrees all work prepared or produced during the course of this Agreement and arising from the services rendered (see Paragraph 12)shall be owned by and assigned to DISTRICT as its sole and exclusive property. 15.AUDIT VENDOR shall establish and maintain books,records,and systems of account,in accordance with generally accepted accounting principles,reflecting all business operations of VENDOR transacted under this Agreement.VENDOR shall retain these books,records,and systems of account during the Term of this Agreement and for five (5)years thereafter.VENDOR shall permit the DISTRICT,its agent,other representatives,or an independent auditor to audit,examine,and make excerpts,copies,and transcripts from all books and records,and to make audit(s)of all billing statements,invoices,records,and other data related to the services covered by this Agreement.Audit(s)may be performed at any time,provided that the DISTRICT shall give reasonable prior notice to VENDOR and shall conduct audit(s)during VENDOR’S normal business hours,unless VENDOR otherwise consents. 16.CERTIFICATES /PERMITS /LICENSES VENDOR and all VENDOR’S employees or agents shall secure and maintain in force such certificates,permits and licenses as are required by law in connection with the furnishing of services pursuant to this agreement. 17.CONFIDENTIALITY VENDOR and all VENDOR’S agents,personnel,employee(s),and/or subcontractor(s)shall maintain the confidentiality of all information received in the course of performing the services. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement. 18.NOTICE Any notice required or permitted to be given under this Agreement shall be deemed to have been given,served,and received if given in writing and either personally delivered or deposited in the United States mail,registered or certified mail,postage prepaid,return receipt required, or sent by overnight delivery service,or facsimile transmission,addressed as follows: District Vendor Morgan Hill Unified School District ATTN:Assistant Superintendent 15600 Concord Circle Morgan Hill,CA 95037 City of Gilroy ATTN:Jimmy Forbis 7351 Rosanna Street Gilroy,California 95020 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 6 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 19.ATTORNEY FEES /COSTS Should litigation be necessary to enforce any terms or provisions of this Agreement,then each party shall bear its own litigation and collection expenses,witness fees,court costs and attorney’s fees. 20.COMPLETION The work completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT’S general right of inspection and supervision,in a manner consistent with VENDOR’S status as an independent contractor,to secure the satisfactory completion thereof.Work must be completed in good workmanship like manner and in accordance with the generally accepted standard of care in the industry. 21.SEVERABILITY If any provision of this Agreement shall be held to be invalid,illegal or unenforceable,the validity,legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby,except where enforcement is inconsistent with the parties’intent. 22.RELEASE,DISCHARGE OR WAIVER No release,discharge or waiver of any provision hereof shall be enforceable against or binding upon either party hereto unless in writing and executed by both parties hereto.Neither the failure to insist upon strict performance of any of the agreements,terms,covenants or conditions hereof,nor the acceptance of monies due hereunder with knowledge of a breach of this Agreement,shall be deemed a waiver of any rights or remedies that either party hereto may have or a waiver of any subsequent breach or default in any of such agreements,terms, covenants or conditions. 23.EXECUTION IN COUNTERPARTS This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. Any party signing this Agreement on behalf of the VENDOR hereby represents that he/she is duly authorized by the VENDOR to execute this Agreement and that the VENDOR has agreed to be bound by the provisions hereof. District Vendor Signature Signature Kolvira Chheng Jimmy Forbis Name Name Assistant Superintendent City Administrator Title Title Date Date 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 7 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/18/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 ________________________________________________ Signature Andy Faber___________________________________ Name _City Attorney________________________________ Title ________________________________________________ Date _______________________________________________ Signature Beth Minor____________________________________ Name _Interim City Clerk_____________________________ Title ________________________________________________ Date For MHUSD Only $45,000 Contract Reviewed Contract Amount Date to BOE 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 8 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/16/2024 11/18/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT W9 FORM https://drive.google.com/open?id=1wD70zFi7GMEaHLuvKXJiA8wj7iTzLuI8 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 9 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT LIABILITY INSURANCE https://drive.google.com/file/d/1xrRUrE-6CV6riCLHq0cHtwQJCblx6tP_/view?usp=drive_link 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 10 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT FINGERPRINTING /CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION Questionnaire Response:Fingerprinting and criminal background investigation requirements have been completed for any and all persons having any sort of in person contact with MHUSD students and or staff. The fingerprinting and criminal background investigation requirements of Education Code §45125.1 apply to VENDOR’S services under this Agreement and VENDOR certifies its compliance with these provisions as follows:VENDOR certifies that the VENDOR has complied with the fingerprinting and criminal background investigation requirements of Education Code §45125.1 with respect to all VENDOR’S employees,subcontractors,agents,and subcontractors’employees or agents regardless of whether those employees are paid or unpaid,concurrently employed by the DISTRICT,or acting as independent contractors of the VENDOR,who may have contact with DISTRICT pupils in the course of providing services pursuant to the Agreement,and the California Department of Justice has determined that none of those employees has been convicted of a felony,as that term is defined in Education Code § 45122.1.A complete and accurate list of all employees who may come in contact with DISTRICT pupils during the course and scope of the Agreement is attached hereto,or shall be provided to the DISTRICT prior to any employee having any contact with DISTRICT pupils,and an updated list of all employees who may come in contact with DISTRICT pupils during the course and scope of the agreement shall be provided to the DISTRICT within ten (10)days of DISTRICT's request. I am a representative of the VENDOR entering into this Agreement with the DISTRICT and I am familiar with the facts herein certified,and am authorized and qualified to execute this certificate on behalf of the VENDOR. Vendor Sign Here Director of Human Services Signature Title LeeAnn McPhillips Name Date 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 11 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 Certificate applies to City of Gilroy employee Sandra Cruz, Youth Task Force Coordinator, as the assigned employee. VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT TUBERCULOSIS CLEARANCE The undersigned does hereby certify to the governing board of the DISTRICT as follows: I am a representative of the VENDOR currently entering into this Agreement with the DISTRICT and I am familiar with the facts herein certified,and am authorized and qualified to execute this certificate on behalf of the VENDOR.VENDOR’S responsibility for tuberculosis clearance extends to all of its employees,subcontractors,and employees of subcontractors coming into contact with DISTRICT pupils regardless of whether they are designated as employees or acting as independent contractors of the VENDOR. VENDOR certifies that the following items applies to the Scope of Work that is the subject of this Agreement: Questionnaire Response:Any and all of vendor's staff who will have contact with MHUSD students or employees will have TB clearance. The VENDOR ensures that any person providing any portion of the services has completed the Tuberculosis Risk Assessment Questionnaire (in accordance with California Education Code Section 49406 and Health and Safety Code Sections 121525-121555)and found that VENDOR does not have risk factors,or if tuberculosis risk factors were identified,the patient has been examined and determined to be free of infectious tuberculosis,by a physician or surgeon,within 60 days of Board approval of the Agreement,or if previous contractor to the DISTRICT,within the last four (4)years.If there is however a positive result,chest x-ray verification is required.Upon the DISTRICT’S request,a complete and accurate list of VENDOR’S employees and of all of its subcontractors’employees,who may come in contact with DISTRICT pupils during the course and scope of the Agreement,will be required to furnished –indicating the date of each person’s completion of the questionnaire and if necessary physical examination. Vendor Sign Here Director of Human Services Signature Title Lee Ann McPililips Name Date 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 12 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 Certificate applies to City of Gilroy employee Sandra Cruz, Youth Task Force Coordinator as the assigned employee. VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT WORKERS’COMPENSATION CERTIFICATION California law requires all employers to carry workers’compensation insurance,even if they have only one employee.If you are the sole owner and you have no employees,or if your business is an out of state corporation with no employees working in California,you may not be required to carry workers’ compensation insurance.It is your responsibility to comply with the law.If you do not know whether you are required to carry workers’compensation insurance,find out by contacting the California Department of Industrial Relations (“DIR”).Information is also available on the DIR’s website at http://dir.ca.gov. Labor Code §3700 in relevant part provides that every employer except the State shall secure the payment of compensation in the following way: Questionnaire Response:Vendor will supply certificate showing Workers'Compensation Insurance is valid and not expired. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. I am aware of the provisions of Labor Code §3700 which requires every employer to be insured against liability for workers’compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the Scope of Work of this Agreement. Vendor Sign Here Director of Human Services Signature Title LeeAnn McPhillips Name Date https://drive.google.com/open?id=1ry70gpRILFYqd429cFV5TzZIkD2k85_- 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 13 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE On February 21,2022,President Biden issued Executive Order 14065*imposing economic sanctions and prohibiting many activities including,but not limited to,investing,importing,exporting,and contracting, in areas of Ukraine and in Russia.On March 4,2022,California Governor Newsom issued Order N-6-22** requiring state agencies to take steps to ensure any agency and entity under contract with state agencies comply with the Federal Order. If awarded a contract with the District,your Firm must comply with the economic sanctions imposed in response to Russia’s actions in Ukraine,including the orders and sanctions identified in the U.S. Department of the Treasury website.*** As part of this procurement,please respond to the the following: Is your Firm in compliance with the required economic sanctions of the Federal and State Orders?Yes If yes,please list the steps your Firm has taken in response to Russia's actions in Ukraine, including,but not limited to,desisting from making new investments in,or engaging in financial transactions with,Russian entities,not transferring technology to Russia or Russian entities,and directly providing support to the government and people of Ukraine: N/A [MUST BE COMPLETED BY CONSULTANT’S AUTHORIZED REPRESENTATIVE.]I am a representative of the Consultant entering into this Agreement with the District and I am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of Consultant. Vendor Sign Here Director of Human Services Signature Title LeeAnn McPhillips Name Date *https://www.whitehouse.gov/briefing-room/presidential-actions/2022/02/21/executive-order-on-blocking-property-of-certain-persons-and-pr ohibiting-certain-transactions-with-respect-to-continued-russian-efforts-to-undermine-the-sovereignty-and-territorial-integrity-of-ukraine/ **https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf ***https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 14 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT STUDENT DATA CONFIDENTIALITY AGREEMENT I will be collecting personal information on MHUSD students.I acknowledge my responsibility to respect the confidentiality of student records and to act in a professional manner in the handling of student data.I will ensure that confidential data,including personally identifiable information (PII)is not created, collected,stored,maintained,or disseminated in violation of state and federal laws. Furthermore,I agree to the following guidelines regarding the appropriate use of student data collected by myself or made available to me from other school or district employees: ●I will comply with school district confidentiality policies,as well as state and federal confidentiality laws including Family Educational Rights and Privacy Act (FERPA): http://www.ed.gov/offices/OM/fpco/ferpa/,and the Children’s Online Privacy Protection Act (COPPA): https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-o nline-privacy-protection-rule ●Student data will only be accessed for students for whom I have a legitimate professional need and will be used for the sole purpose of improving student achievement or ensuring student and school safety. ●I understand that student specific data is never to be transmitted via email or as an email attachment unless the file is encrypted,password protected or PII has been redacted. ●I will securely log in and out of the programs that store student specific data.I will not share my password nor keep password information in an accessible location.Any documents I create containing student specific data will be stored securely within the district network or within a password-protected environment.I will not store student specific data on any personal computer and/or external devices that are not password protected.(External devices include but are not limited to USB/thumb drives,external hard drives,cell phones and tablets.) ●I will not record any digital or online virtual learning or assessment sessions that would become part of a student's record. ●Regardless of its format,I will treat all information with respect for student privacy.I will not leave student data in any form accessible or unattended,including information on a computer display or hard copy documents. ●Any digital or hard copy records containing PII will be returned to the district office or school site when employment or job assignment has been completed or terminated. By signing below,I acknowledge,understand and agree to accept all terms and conditions of the Morgan Hill Unified School District’s Student Data Confidentiality Agreement. Vendor Sign Here 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 15 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 Director of Human Services Signature Title LeeAnn McPhillips Name Date 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 16 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT PUPIL RECORDS ADDENDUM TO TECHNOLOGY SERVICES AGREEMENT FOR CALIFORNIA EDUCATION CODE 49073.1 COMPLIANCE Questionnaire Response No. This Addendum is entered into between Morgan Hill Unified School District (“District ”)and City of Gilroy (“Service Provider ”)on 7/1/2024. WHEREAS,the District is a California public entity subject to all state and federal laws governing education,including but not limited to California Assembly Bill 1584 (“AB1584”),the California Education Code,the Children’s Online Privacy and Protection Act (“COPPA”),the Family Educational Rights and Privacy Act (“FERPA”),and the Student Online Personal Information Protection Act (“SOPIPA”); WHEREAS,AB 1584 requires,in part,that any agreement entered into,renewed or amended after January 1,2015 between a local education agency and a third-party service provider must include certain terms;and WHEREAS,the District and the Service Provider desire to have the Technology Services Agreement and the services provided comply with AB 1584. NOW,THEREFORE,the parties agree as follows: 1.The terms and conditions of the Technology Services Agreement and any addenda are incorporated herein by reference. 2.The term of this Addendum shall expire on the termination date stated in the Technology Services Agreement or in any addenda to such Technology Services Agreement,whichever controls. 3.Pupil records obtained by Service Provider from District continue to be the property of and under the control of the District.The District (or the applicable school)maintains control of all data,and has the ability to login to the platform and make any required modifications. 4.The procedures by which pupils may retain possession and control of their own pupil-generated content are outlined as follows: N/A 5.The options by which a pupil may transfer pupil-generated content to a personal account include: N/A 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 17 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 6.Parents,legal guardians,or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by the following protocol: N/A 7.Service Provider shall take actions to ensure the security and confidentiality of pupil records, including but not limited to designating and training responsible individuals on ensuring the security and confidentiality of pupil records,by the following measures: N/A 8.In the event of an unauthorized disclosure of a pupil’s records,Service Provider shall report to an affected parent,legal guardian,eligible pupil,and District pursuant to the following procedure: N/A 9.Service Provider shall not use any information in a pupil record for any purpose other than those required or specifically permitted by the Technology Services Agreement.Service Provider will provide access to pupil records only to its employees and subcontractors who need to access the data to fulfill Service Provider ’s obligations under the Contract or this Addendum. 10.Service Provider certifies that a pupil’s records shall not be retained or available to the Service Provider upon completion of the terms of the Technology Services Agreement,except for a case where a pupil chooses to establish or maintain an account with Service Provider for the purpose of storing pupil-generated content,either by retaining possession and control of their own pupil-generated content,or by transferring pupil-generated content to a personal account.Such certification will be enforced through the following procedures: N/A In furtherance of the foregoing,upon termination or expiration of the Service Agreement and this Addendum,Service Provider will,as applicable,securely return or destroy pupil records as reasonable directed by the District.In the event that the District requests destruction of any pupil records,Service Provider agrees to securely destroy all pupil records in its possession and in the possession of any subcontractors or agents to which the Service Provider might have transferred pupil records.Upon request by the District,Service Provider agrees to provide documentation of data destruction to the District. 11.Service Provider will not use pupil records for advertising or marketing purposes unless such use is specifically authorized by the Service Agreement or otherwise authorized in writing by the District. IN WITNESS WHEREOF,parties execute this Agreement on the dates set forth below. District Vendor Signature Signature 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 18 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 Kolvira Chheng LeeAnn McPhillips Name Name Assistant Superintendent Director of Human Services Title Title Date Date District Vendor Morgan Hill Unified School District ATTN:Assistant Superintendent 15600 Concord Circle Morgan Hill,CA 95037 City of Gilroy ATTN:Jimmy Forbis 7351 Rosanna Street Gilroy,California 95020 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 19 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/15/2024 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 MORGAN HILL UNIFIED SCHOOL DISTRICT AMENDMENT TO SERVICE AGREEMENT This Amendment to the Service Agreement is hereby entered into on by Morgan Hill Unified School District,(hereinafter referred to as “DISTRICT”),and City of Gilroy (hereinafter referred to as “VENDOR”)for the following services:Diversion Services,Youth Outreach,Youth Groups,Case Management,School Based Team Crisis Response and Trainings The following changes and/or revisions will be reflected as follows to the original Service Agreement.All prior agreements remain in force;Amendment only reflects a change in the following:(PLEASE ONLY CHECK CHANGES THAT APPLY). ORIGINAL PURCHASE ORDER NUMBER: Change/Revision Explanation Term(s)of Contract:** Description of Services:** Amount:** Original Amount:$45,000 Total Encumbered Prior to this Agreement Change:$Additional Amount to be Encumbered New Total:$Total Old Budget Code Amount $ New Budget Code $ Waive Liability Insurance: Other:Page 11 should read “Certificate applies to City of Gilroy employee Sandra Cruz,Youth Task Force Coordinator as the assigned employee”AND page 12 should read “Certificate applies to City of 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 20 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 VENDOR:City of Gilroy Tax ID#:946000340 SY:2024-25 Gilroy employee Sandra Cruz,Youth Task Force Coordinator as the assigned employee” Original Board Approval Date:Board Amended Date: District Vendor Signature Signature Kolvira Chheng Jimmy Forbis Name Name Assistant Superintendent and CFO City Administrator Title Title Date Date Signature Andy Faber___________________________________ Name _City Attorney________________________________ Title ________________________________________________ Date _______________________________________________ Signature Beth Minor____________________________________ Name _Interim City Clerk_____________________________ Title ________________________________________________ **The Service Agreement Amendment is required to change:terms,description of service(s)or contractual amount and may require approval by the Board of Education. 15600 Concord Circle •Morgan Hill,California 95037 •P.408-201-6000 •F.408-825-6257 21 Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641 11/16/2024 11/18/2024 11/18/2024