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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Docusign Envelope ID: 0BBA9B7A-046C-4328-AD96-9DF5CDC12641
11/16/2024
11/18/2024
11/18/2024