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HomeMy WebLinkAboutAgreement - Gilroy Unified School District - Agreement for Educational Services - Signed 2023-05-01Agreement #A ______ FORM RVSD 03.2022 1 Agreement for Educational Services GILROY UNIFIED SCHOOL DISTRICT AGREEMENT FOR EDUCATIONAL SERVICES The following is an Agreement by and between GILROY UNIFIED SCHOOL DISTRICT (the “District”) and the City of Gilroy (“Consultant”). RECITALS A. The District requires certain [staff development and training; educational] services described below; and B. The Consultant represents that it is qualified and available to provide such services. AGREEMENT NOW THEREFORE, pursuant to the following terms and conditions the District and Consulta nt hereby agree as follows: A. TERM. The term of this Agreement (the “Term”) shall commence on July 1, 2022 and end on June 30, 2023 unless the work is completed or the Agreement is terminated sooner. B. SERVICES. Consultant has submitted a Proposal dated July 1, 2022 (the “Proposal”), which is accepted by the District and incorporated herein by this reference to the extent not inconsistent with the terms and conditions of this Agreement. As needed and requested by the District, Consultant shall perform in a competent and professional manner satisfactory to the District, the services described in Exhibit A, attached hereto and incorporated herein by reference (collectively, the “Services”). The City of Gilroy will coordinate organizations and service providers under contract or MOU with the City of Gilroy to offer direct services for schools within the Gilroy Unified School District. Consultant services will target areas of need dealing with the social, emotional, and behavioral support of students and their families. The Consultant and District representatives will consult prior the start of the 22-23 school year and at mid–year to discuss District needs and placement of services. In the event that a crisis situation(s) occurs in or around District schools not initially targeted, Consultant may redirect services to the affected school(s) as requested by respective administrations to address the crisis situation. C. COMPENSATION. In exchange for the satisfactory performance of the Services, the District will pay Consultant not to exceed $0. Payment will be made for services completed to the satisfaction of the District, at the rates specified on Exhibit A, upon receipt of an itemized billing by Consultant. No final payments shall be authorized until all reports have been rendered to and approved by the district. All invoices for services must be submitted to the District within 30 calendar days after services are performed. Subject to and upon approval of the District, payment of invoices shall be made within 60 days after Consultant submits invoices and any other requested documentation. For purposes of this Agreement, “payment” shall mean the act of depositing checks in the United States Postal Service mail for delivery to the Consultant. D. DISTRICT OWNERSHIP. All data and information provided for and/or used by Consultant shall be the property of and returned to the District at the completion of this contract. All reports or other documents generated will constitute “works made for hire” by or for the District and the District will be the “author” of all such reports under applicable copyright laws. E. INDEPENDENT CONTRACTOR STATUS. It is understood that Consultant is an independent contractor, is responsible for accomplishing the results required herein, and District shall not be liable to Consultant for any payments, benefits, loss, costs, expenses, or injury or damages to Consultant’s person or property, except the District’s liability to Consultant for his compensation for services performed herein. Consultant shall not be entitled to receive any benefits normally provided to District’s employees, including DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 2 Agreement for Educational Services health insurance benefits, paid vacation, or any other employee benefits. The District shall not be responsible for withholding income or other taxes form payments made to Consultant. Consultant shall be solely responsible for filing all returns and paying any income, social security or other tax levied upon or determined with respect to the payments made to Consultant pursuant to this Agreement. A 1099 tax form will be provided to Consultant for services rendered at the end of each calendar year. Consultant states and affirms that it is acting as a free agent and independent Consultant, maintains a place of business at the address indicated in the signature page, and that this Agreement is not exclusive. Consultant may enter any other contracts as Consultant sees fit providing that such contract does not interfere with any services that Consultant is currently providing the District or that might be deemed to be a conflict of interest with the best interests of the District. F. COMPLIANCE WITH LAWS. Consultant shall comply with all federal, state and local laws and ordinances governing the operation of this Agreement. Without limiting the generality of the foregoing, Consultant shall comply with any applicable fingerprinting and TB clearance requirements of the California Education Code and shall provide certifications satisfactory to the District, in substantially the form attached hereto as Exhibit B. G. CONFIDENTIALITY 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. H. INDEMNIFICATION; INSURANCE. Each party (“Indemnifying Party”) agrees to indemnify and hold the other (“Indemnified Party”) and its board members or directors, as applicable, and its officers, employees and agents, harmless with respect to any and all claims, losses, damages, liabilities, judgments, expenses and costs, including reasonable attorney’s fees, arising out of this Agreement or the Services and incurred by the Indemnified Party to the extent proximately caused by any action or omission of the Indemnifying Party. The parties agree to promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the expiration or termination of this Agreement. Prior to performance of any Services, Consultant shall provide evidence that it has obtained, and will maintain during the Term of the Agreement, the types and amounts of insurance required by the District, as specified in Exhibit A. I. TERMINATION AND SUSPENSION. a. For Cause. If Consultant fails to perform its obligations under this Agreement, the District will provide written notice specifying each breach for which notice is being given. If Consultant fails to cure such breach(es) within 14 days of such notice (or to make arrangements for cure that are satisfactory to the District, if the breach is such that more than 14 days are required to cure), then the District may elect to terminate this Agreement for cause. Any such termination for cause will become effective upon the date set forth in the District’s written notice to Consultant of its election to terminate. b. For Convenience. The District may terminate, abandon or suspend performance of this Agreement for convenience and without cause at any time upon 30 days prior written notice to Consultant, in which case the District will pay Consultant as provided in Paragraph C, above, for all Services actually performed, and all authorized expenses actually incurred and paid, under and in accordance with this Agreement, up to and including the date of termination. Such payment shall be Consultant’s sole and exclusive compensation and the DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 3 Agreement for Educational Services District shall have no liability to Consultant for any other compensation or damages, including, without limitation, anticipated profits, prospective losses, legal fees or costs associated with legal representation or consequential damages, of any kind. J. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter and supersedes any and all prior agreements, discussions, or understandings, whether written, oral or implied, with respect to the subject matter of this Agreement. This Agreement may not be modified or amended without the prior written consent of each party. K. ASSIGNMENT OR SUBLETTING. This Agreement shall not be assigned or sublet to any other person or persons except with the District’s written consent. L. ATTORNEYS FEES. In the event of any claim, dispute, or legal proceeding arising out of or relating to this Agreement, the party prevailing in such dispute shall be entitled to recover, and the other party shall pay, all reasonable fees and expenses incurred in connection therewith. M. NOTICE. Unless otherwise specified in this Agreement or agreed to in writing by the Parties, notices and any other information required or contemplated under this Agreement may be given by first-class U.S. mail, express delivery service, or facsimile transmission at the addresses indicated on the signature page. N. GOVERNING LAW; VENUE. This Agreement shall be construed and interpreted pursuant to the laws of the State of California, without regard to any conflict of laws principles. Jurisdiction and venue shall be in the superior courts of Santa Clara County, wherein this Agreement shall be deemed to have been executed and Services, Work and products furnished. Any attempt to remove venue to another jurisdiction, unless mutually agreed in writing, shall constitute a material breach of this Agreement. O. WAIVER. Waiver of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by either party of any breach or default shall not constitute a waiver of any other provision or of any subsequent breach or violation of any provision of this Agreement. Acceptance by the District of any Services shall not constitute a waiver of any of the provisions of this Agreement or of any indemnification or insurance obligation of Consultant. O. AUTHORITY TO EXECUTE. The person executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 4 Agreement for Educational Services Consultant to the performance of its obligations hereunder. Furthermore, Consultant represents that it is legally authorized to provide the Services within the State of California. IN WITNESS WHEREOF, the parties hereto have subscribed their names to this Agreement on the dates set forth below. GILROY UNIFIED SCHOOL DISTRICT CITY OF GILROY By: ________________________________ By:_________________________________ Name: Alvaro Meza Name: Jimmy Forbis Title: Assistant Superintendent Title: City Administrator Date: _______________________________ Date: _______________________________ By:_________________________________ Name: LeeAnn McPhillips Title: Human Resources Director/Risk Manager Date: _______________________________ By:_________________________________ Name: Andrew Faber Title: City Attorney Date: _______________________________ Address for Notice: 7810 Arroyo Circle 7351 Rosanna Street Gilroy, California 95020 Gilroy, CA 95020 Attn: Alvaro Meza Attn: Jimmy Forbis Phone: 669-205-4000 Phone: ___________________________ Email: alvaro.meza@gilroyunified.org Email: jimmy.forbis@cityofgilroy.org _____________________________________________________________________________________________ Information Concerning Consultant: State of incorporation or formation: __________________ License #: ___________________________ Type of Business Entity: TIN 94-6000340 [___] Corporation [___] Individual [___] Partnership [___] Limited Liability Company [___] Sole Proprietorship [___] Limited Partnership [_X_] Other: City Government FOR DISTRICT OFFICE USE Funding Code: BHS SLS Family Funding Program: SLS Form approved by District Legal Counsel 5/26/2020 Employer Identification Number and/or Social Security Number NOTE: The Code of Federal Regulations, Sections 6041 and 6209, require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number (“EID” or “TIN”). The regulations also provide that a penalty may be imposed for failure to furnish the EID or TIN. To comply with these regulations, the District requires your EID, TIN or SSN, whichever is applicable. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 4/28/2023 4/28/2023 5/1/2023 408-846-0250 5/1/2023 City Clerk Agreement #A__________ FORM RVSD 03.2022 5 Agreement for Educational Services EXHIBIT A TO AGREEMENT FOR EDUCATIONAL SERVICES WITH the City of Gilroy, dated July 1, 2022 SERVICES I. Consultant will perform the following Services under the Captioned Agreement: The City of Gilroy will coordinate SCYTF related organizations and service providers under contract or MOU with the City of Gilroy to offer direct services for schools within the Gilroy Unified School District. Consultant services will target areas of need dealing with the social, emotional, and behavioral support of students and their families. The Consultant and District representatives will consult prior the start of the 22-23 school year and at mid–year to discuss District needs and placement of services. In the event that a crisis situation(s) occurs in or around District schools not initially targeted, Consultant may redirect services to the affected school(s) as requested by respective administrations to address the crisis situation. Services will include, but not be exclusive to: 1. Outreach and Engagement Activities 2. Individual, group, and family counseling 3. Short Term Case Management 4. Restorative Justice practices and trainings 5. Probation Support 6. Supporting Positive School Climate 7. Pro-social/Recreational Activities 8. Trainings i.e. Gang intervention, drugs prevention and identification, cyberbullying, Connection Practice, and other trainings as requested by GUSD administration 9. Linkage and Referrals for additional services 10. Support with Truancy Consultant services and corresponding organizations/service providers: SANTA CLARA COUNTY PROBATION DEPARTMENT will provide educational and support services to youth that display disciplinary, behavioral, and attendance issues. Services will include but not be limited to: facilitate youth circles, one-on-ones with youth, youth groups such as National Compares Network El Joven Noble, Xinachtli Rights of Passage, Cara y Corazon, Restorative Justice Circles, counseling, and educational probation support services. Student referrals will be conducted through Multi- Disciplinary Team referrals and referrals from school administrations’. COMMUNITY SOLUTIONS will provide services to youth from low socio-economic areas who attend school and display gang, violence or other criminogenic-risk characteristics, to students with attendance, crime involvement issues, and/or specific behaviors that may jeopardize a student’s ability to attain academic success and/or high school graduation. Services will include but not be limited to: outreach and intervention, cultural program groups utilizing National Compadres Network El Joven Noble, Xinachtli Rights of Passage and/or Cara y Corazon, and/or evidence-based life skills programs, such as Why Try or Botvin Life Skills support groups, and short and long term case management, outreach and engagement activities, social-emotional and behavioral support for students and families, and group sessions (i.e. Restorative Justice Circles and circles for introduction and trauma-informed healing activities, etc.),. Student and family referrals for targeted schools will be conducted through Multi-Disciplinary Team referrals and referrals from school administrations’. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 6 Agreement for Educational Services CATHOLIC CHARITIES OF SANTA CLARA COUNTY will provide services to further the goal and efforts of building a restorative community and preventing and de-escalating youth violence and anti-social behaviors. Services will include but not be limited to: outreach and intervention, evidence- based life skills programs, support groups, outreach and engagement activities, social-emotional and behavioral support for students and families, and group sessions (i.e. Restorative Justice Circles and circles for introduction and trauma-informed healing activities). Referrals for targeted schools will be conducted through Multi-Disciplinary Team referrals and referrals from school administrations’. EMPOWERING OUR COMMUNITY FOR SUCCESS (EOCS) will intervene in the lives of At- Risk Youth, High Risk Youth, Youth to demonstrate to be severely impacted/gang intentional and youth who have demonstrated signs of high-risk behaviors. Services will include but not be limited to: outreach and engagement to build rapport with youth, intervention support services, secondary crisis response, and will implement cultural/ character development/ restorative justice circles for youth, families, and staff. ECOS’s mission is achieved by providing mentoring, life skills and empowerment classes that provoke behavior modification, thus empowering our youth to make better decisions. Referrals for targeted schools will be conducted through Multi-Disciplinary Team referrals and referrals from school administrations’. SANTA CLARA COUNTY DISTRICT ATTORNEY’S OFFICE will provide educational and support services to youth that display disciplinary, behavioral, and attendance issues. Services will include but not be limited to: facilitate youth circles, one-on-ones with youth, youth groups such as National Compares Network El Joven Noble, Xinachtli Rights of Passage, Restorative Justice Circles, pro-social and educational support services. Student referrals will be conducted through Multi-Disciplinary Team referrals and referrals from school administrations. Services will also support youth, students, parents, teachers and/or administration who need or would benefit from support, training, workshops, presentations, and other relatable services. Additional services for the District will include supports for truancy abatement and improving student attendance. CITY OF GILROY will provide educational and support services to youth that display disciplinary, behavioral, and attendance issues. Services will include but not be limited to: facilitate youth circles, one - on-ones with youth, youth groups such as National Compares Network El Joven Noble, Xinachtli Rights of Passage, Cara y Corazon, Restorative Justice Circles, pro-social activities, educational, and/or recreational support services. Student referrals will be conducted through Multi-Disciplinary Team referrals and referrals from school administrations’. As new funding opportunities become available, Consultant may request the addition of new organizations and service providers to the District for approval and incorporation to this agreement. All organizations and service providers shall be obligated to the City of Gilroy via contract or MOU. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the District: During performance of the Services, Consultant will keep the District appraised of the status of performance by delivering the following status reports under the indicated schedule: ◻ None. X See below. ◻ See attached list. STATUS REPORT FOR ACTIVITY: DUE DATE A. Number of families served, school student(s) served 6/30/23 B. Family and student feedback survey results 6/30/23 C. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 7 Agreement for Educational Services III. The following rates of pay shall apply in the performance of the Services under this Agreement: There will be no cost to the District for the services rendered under this Agreement. Funding is supported by the contract between the City of Gilroy and the organizations providing direct services. IV. Consultant will utilize the following personnel to accomplish the Services: ◻ None. X See attached list. – “Description of Services” V. Consultant will utilize the following subconsultants to accomplish the Services (check one): ◻ None. X See attached list. VI. INSURANCE REQUIREMENTS. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Consultant will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability $1,000,000 Professional liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 12 10 11 97. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the District, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the District will be excess thereto. Such insurance will be on an “occurrence” basis, except professional liability will be on a “claims made” basis, and will not be cancelable or subject to reduction except upon a thirty day prior written notice to the District. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 10 01, including symbol 1 (Any Auto). D. Consultant will furnish to the District duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance as may be reasonably required by the District from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Originals of the duly authenticated Certificates of Insurance and Endorsements will be included with this Agreement as Exhibit C. VII. AMENDMENT TO SERVICES. The Scope of Services, including services, work product, and personnel, are subject to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. VIII. ADDITIONAL TERMS AND CONDITIONS. The following terms and conditions have been negotiated by the Parties and, to the extent of any conflict between the following provisions and the terms of the Agreement to which this Exhibit A is attached, the following provisions control. X None. ◻ See below. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A ______ FORM RVSD 03.2022 8 Agreement for Educational Services EXHIBIT B TO AGREEMENT FOR EDUCATIONAL SERVICES WITH the City of Gilroy, dated July 1, 2022 CERTIFICATIONS ◻ None. ◻ See Attached, the following (check all applicable): X Fingerprinting/Criminal Background Certification. X Tuberculosis Clearance. ◻ Other; __________________________________. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 9 Agreement for Educational Services EXHIBIT B CRIMINAL RECORDS (FINGERPRINTING) CERTIFICATE (All Consultant/Contractors must complete this Certificate) I, the undersigned, am an authorized representative of the City of Gilroy, the Consultant/Contractor under the above-numbered Agreement. In that capacity, with respect to Education Code §§ 45125.1 and 44237, I do hereby certify, represent and warrant to District’s Superintendent and Board, on my behalf and on behalf of Consultant/Contractor as follows (check all that apply): □ No fingerprinting/ background check clearance is required for any Provider (defined below) pursuant to Education Code §45125.1(a) because no Provider will have any opportunity to interact with District pupils outside the immediate supervision and control of their parent, legal guardian or a District employee or to receive or access any confidential student information or records. In checking this box, I commit to immediately notify District, in writing, if any changes to the work or services under the Agreement will result in allowing any Provider to have such contact with a District student or to receive or access any confi dential student information or records. Initial Here _______ □ Consultant/Contractor has been informed by the District that the requirements of Education Code §45125.1 do not apply because the Services under the Agreement are being provided in an emergency or exceptional situation, as follows (check as appropriate and explain briefly): □ The health or safety of pupils is endangered due to:___________________________ ____________________________________________________________________ □ The following repairs are urgently needed to make the following District facility(ies) safe and habitable: ____________________________________________________ □ Other (explain): ______________________________________________________ X Consultant has complied with the fingerprinting and criminal background investigation requirements of Education Code §45125.1(a) for all Providers. □ Consultant has complied with the fingerprinting and criminal background investigation requirements for all Providers as well as for the following persons identified by District pursuant to §45125.1(c)) (list the name and last name of any additional persons identified by District for background checks. Use additional sheets if needed): ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. In connection with each Provider and any other persons identified by District under §45125.1(c), Consultant/Contractor certifies, represents and warrants that: 1. On the date hereof Consultant/Contractor has, or will have prior to allowing such Provider to enter any District site or have an opportunity to interact with any student or receive or access any confidential student information or records, a valid criminal records summary as described in Education Code §44237; 2. Consultant/Contractor will ensure that no Provider enters a District site or have an opportunity to interact with any student or receive or access any confidential student information or record until it has received notification from the California Department of Justice (pursuant to DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Agreement #A__________ FORM RVSD 03.2022 10 Agreement for Educational Services Education Code §45125.1(d)(1)), that such Provider has no pending proceeding(s) or conviction(s) for any felony defined in Education Code §45122. 1; 3. Consultant/Contractor will immediately provide to District any subsequent arrest and conviction information it receives concerning any Provider; 4. Consultant/Contractor will not permit any Provider to access or use any District property or facility or interact with any District pupil in violation of any provision of Education Code §45125.1; AND 5. Pursuant to §45125.1(f), Consultant/Contractor will not authorize or allow any Provider convicted of a felony defined in Education Code §45122. 1 to enter any District site or have an opportunity to interact with any student or receive or access any confidential student information or records or to provide any work or service that might allow such Employee opportunity to interact in any way with any District pupil. Consultant/Provider understands and agrees that for purposes of this Certificate, the term “Provider” each Consultant/Contractor employee, volunteer, subconsultant/subcontractor or other person providing work or services relating to the Agreement under the Consultant/Contractor’s direction and control. Furthermore, any individual operating as a sole proprietor shall be considered a Provider. In addition, Consultant/Contractor shall ensure that each subconsultant/subco ntractor who is a separate legal entity complete and deliver this Certificate or Consultant/Contractor shall assume responsibility for compliance of each person employed by subconsultant/subcontractor as if such person were directly employed by Consultant/Contractor. By/Signature: Representative’s Name: LeeAnn McPhillips Title: City of Gilroy Human Resources Director/Risk Manager Date: DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 4/28/2023 Certification applies to City of Gilroy employee Sandra Cruz, Youth Task Force Coordinator as the assigned employee. Agreement #A__________ FORM RVSD 03.2022 11 Agreement for Educational Services EXHIBIT B Health and Safety Requirements for Contractors/Consultants (TB and COVID-19 Certifications) The District is committed to providing a safe environment and requires Consultant/Contractor under the above numbered Agreement to fully comply with and abide by all applicable laws, regulations and guidance concerning health and safety, including but not limited to applicable risk assessment or testing relating to tuberculosis, COVID-19 and other infectious diseases. To that end, Consultant/Contractor must complete this Certificate and deliver it to the District. I, the undersigned, am an authorized representative of the City of Gilroy, the Consultant/Contractor under the Agreement. By executing and delivering this instrument, Consultant/Contractor certifies, represents and warrants to the District’s Superintendent and Board of Trustees, in connection with each Consultant/Contractor employee, volunteer, subconsultant/subcontractor or other person providing work or services relating to the Agreement under the Consultant/Contractor’s direction and control (each, a “Provider”), as follows: TB Certification. With respect to Education Code § 49406, I certify that (check all that apply): □ No Provider shall come in contact with any District pupil because Services will be provided at an unoccupied school site or remotely only. Thus, no TB assessments/exams are needed. X Consultant/Contractor shall comply (and shall ensure that each subconsultant/subcontractor complies) with the TB requirements with respect to each Provider accessing any District facility or otherwise likely to be in proximity to or come into contact with District students. Furthermore, 1. only the Providers named below will enter a District facility and/or have contact with District students. At no cost to District, each of them has submitted to the required TB risk assessment and, if deemed necessary by a physician/surgeon, a TB test within the 60 days prior to the date hereof (or, if this is a renewal or extension of an existing contract, within the last four years), all in compliance with § 49406. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (LIST ADDITIONAL NAMES ON ATTACHED SHEET(S) OF PAPER, IF NEEDED) 2. Consultant/Contractor will not allow any Provider to enter any District facility and/or have contact with District students until it has received documentation that the person was examined and found free from active TB. Consultant shall maintain and regularly update such certificates/documentation which will be made available to the District upon request. By/Signature: Name/Title: LeeAnn McPhillips, Human Resources Director/ Risk Manager Date: DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 4/28/2023 Certification applies to City of Gilroy employee Sandra Cruz, Youth Task Force Coordinator as the assigned employee. Agreement #A__________ FORM RVSD 03.2022 12 Agreement for Educational Services COVID19 Certification. By executing and delivering this instrument, Consultant/Contractor certifies, represents and warrants to the District’s Superintendent and Board of Trustees that: 1. Consultant/Contractor, it is fully aware of an in compliance with all relevant guidance, regulations and laws concerning COVID-19 health and safety, as in effect and applicable on the date of th e Agreement (collectively, “COVID19 Procedures”), including but not limited to: ⮚ The guidelines and requirements of the Santa Clara County Public Health Department (“County”) (https://covid19.sccgov.org/public-health-orders). ⮚ The guidelines and requirements of the State of California (“State”) (https://covid19.ca.gov/), including those promulgated by Cal/OSHA, such as COVID -19 Prevention Emergency Temporary Standards. ⮚ The state, federal and local guidance and requirement applicable to K -12 school districts, including the District’s policies and procedures currently in effect. 2. As the authorized representative of Consultant/Contractor, I will ensure tha t all Providers accessing any District facility and/or having any contact with District students abide by the applicable COVID19 Procedures, including but not limited to any vaccination, social distancing and masking requirements in effect while providing work or services under the Agreement. 3. I will ensure that no Provider enters any District facility or interact with any pupil or District employee if they or anyone in their household has symptoms of or has tested positive for COVID- 19, or if they have been exposed to anyone who has symptoms or tested positive for COVID-19. 4. I will maintain records evidencing compliance with any applicable requirements (such as vaccination) and will provide such records to (or as directed by) District upon request. 5. Consultant fully releases and discharges District from, and agrees to protect District against, any liability, cost or loss arising from or relating to any Provider COVID-19 infection. Consultant/Contractor: City of Gilroy By (signature): Name of Representative: LeeAnn McPhillips Its (Title): Human Resources Director/Risk Manager Date: DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 4/28/2023 South County Youth Task Force Financial Contributing Agencies REVENUE Joint Revenue Total FY 18-22 Budget Revenue (cost to individual partners)Contributions FY 20 FY 21 FY 22 FY 23 Participating Agency and Contribution Gilroy Unified School District $45,678 $45,678 $45,678 $45,678 $182,712 Santa Clara County - Probation $0 Santa Clara County - Probation Neighborhood Safety Unit $120,850 $142,550 $142,550 $172,550 $578,500 Santa Clara County Library District $30,000 $30,000 $60,000 Morgan Hill Unified School District $45,000 $45,000 $45,000 $45,000 $180,000 Santa Clara County - District Attorney's Office (DAO)$40,000 $180,000 $210,199 $255,000 $685,199 Board of State and Community Corrections CalVIP $219,136 $154,238 $48,431 $0 $421,805 Board of State and Community Corrections Title II $232,000 Total $470,664 $567,466 $521,858 $780,228 $2,108,216 In Kind Matches In-Kind Positions (Base Rates) City of Gilroy - SCYTF Coordinator Position $72,326 $141,966 $146,865 $150,742 $511,899 Santa Clara County - DAO - SCYTF PM Position $125,281 $134,981 $142,794 $152,756 $555,812 Santa Clara County - Probation Educaton Officer $118,554 $123,494 $128,640 $140,000 $510,688 Santa Clara County - DAO - SCYTF Community Outreach Specialist $74,112 $82,500 $156,612 City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $54,000 $55,000 $57,000 $25,000 $191,000 Total Cash Match: City of Morgan Hill $370,161 $455,441 $549,411 $550,998 $1,926,011 Total Joint Revenue and Hard Match:$840,825 $1,022,907 $1,071,269 $1,331,226 $4,034,227 Special Notes: Gilroy Unified School District and Morgan Hill Unified School Districts help pay forprogramming for fiscal years through annual MOUs, contributing ~ $45,000 per year. Santa Clara County Library made financial contributions towards outreach, crisis reponse and short-term case management services that benefited the Gilroy Library in FY18 & FY 19 and started again in FY 21 at $30,000 each year. *The South County CalVIP grant ended in August of 2021 with evaluation component ending in December. City of Gilroy is no longer able to apply for this funding because criteria changed, allowing only City with highest homicide rates to apply. While new funding is sought after, the five financially contributing agencies have restructured funding sine 2013 to start and keep SCYTF programming going, after the first CalGRIP grants expired. Financial Contributing Agencies (referenced above) have each agreed to pay into services that support their agencies, especially after grants end. The City of Gilroy agreed to absorb the SCYTF Coordinator's salary in FY 19, while the County's DAO office agreed to create a SCYTF PM position also in FY 19 and has added a Community Specialist in FY 21, making SCYTF truly a collaborative partnership.between the City of Gilroy (fiscal agent) and the County (leadership support). County of Santa Clara Probation has supported in two ways: through paying the salary of an Educational Probation Officer and contributing $525,600 of NSU funding over fIve years for East Gilroy community activation initiatives (annual contribution of $142000). City of Morgan Hill has paid to sustain their own 5-day per wk Park Place after school program, in partnership with Boys and Girls Club and EAHousing, a program that started with CalGRIP and was continued by CalVIP. Rather than paying the City of Gilroy, to then pay them for services, they pay for their services themselves. DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 Page 1 of 1 Financial Contributing Agencies DRAFT JOINT REVENUE Joint Revenue Total Proposed FY 18-20 Budget Revenue (cost to individual partners)Contribution FY 20 FY 21 FY 22 FY 23 Participating Agency and Contribution Gilroy Unified School District $45,678.00 $45,678.00 $45,678.00 $45,678.00 $182,712.00 Santa Clara County - Probation $0.00 $0.00 $0.00 $0.00 $0.00 Santa Clara County - Probation Neighborhood Safety Unit $120,850.00 $142,550.00 $142,550.00 $172,550.00 $578,500.00 Santa Clara County Library District $0.00 $0.00 $30,000.00 $30,000.00 $60,000.00 Morgan Hill Unified School District $45,000.00 $45,000.00 $45,000.00 $45,000.00 $180,000.00 Santa Clara County - District Attorney's Office (DAO)$40,000.00 $180,000.00 $210,199.00 $255,000.00 $685,199.00 Board of State and Community Corrections CalVIP $219,136.00 $154,237.67 $48,431.33 $0.00 $421,805.00 Total Joint Revenue FY 17-20 $470,664 $567,466 $521,858 $548,228 $2,108,216 $2,108,216 Hard Match: Positions and Programming In-Kind Positions (Base Rates) City of Gilroy - SCYTF Coordinator Position $72,326 $141,966 $146,865 $150,742 $511,899 Santa Clara County - DAO - SCYTF PM Position $125,281 $134,981 $142,794 $152,756 $555,812 Santa Clara County - Probation Educaton Officer $118,554 $123,494 $128,640 $140,000 $510,688 Santa Clara County - DAO - SCYTF Community Outreach Specialist $0 $0 $74,112 $82,500 $156,612 City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $54,000 $55,000 $57,000 $48,000 $191,000 Total Hard Match $370,161 $455,441 $549,411 $573,998 $1,926,011 Total Joint Revenue and Hard Match $840,825 $1,022,907 $1,071,269 $1,122,226 $4,034,227 $4,057,227.14 EXPENDITURE Expenditure Total Proposed FY 20-23 Budget Expenditure Expenditure FY 20 FY 21 FY 22 FY 23 Overtime - Police (GPD and MHPD)$28,000.00 $8,000.00 $8,000.00 $0.00 $44,000.00 Contractual Services: Positions, Programs and Activities Joven Noble, Xinachtli, Late Night Gyms, School-based Outreach (Gil - MH)$204,699.00 $319,916.00 $233,109.00 $227,078.00 $984,802.00 Restorative Justice and New Diversion Program (Gil, MH, San Martin)$39,115.00 $32,000.00 $65,200.00 $65,200.00 $201,515.00 East Gilroy - San Ysidro/ Training/Prosocial Strategies (funded by NSU)$120,850.00 $142,550.00 $142,550.00 $172,550.00 $578,500.00 Outreaching and Crisis Response (CalVIP, then Gilroy Library/ Library funded)$28,000.00 $30,000.00 $30,000.00 $30,000.00 $118,000.00 SCYTF Website $4,999.00 $4,999.00 $0.00 Subtotal Salary and Contractual Services $420,664 $532,466 $483,858 $494,828 $1,931,816 Program Supplies Smaller Contracts, Services and Supplies (for all groups, Strategic Planning, mass $40,000 $35,000 $38,000 $42,400 $155,400.00 translating and mass printing, youth incentives, etc, Subtotal Supplies $40,000 $35,000 $38,000 $42,400 $155,400 Administration and Operational Expenses Finance (AP, Project, Audit Review) and GPD $10,000.00 $10,000.00 8-10% of annual SCC Probation Contribution Subtotal Administration and Operational Expenses $10,000 $0 $0 $0 $10,000 Total Expenditure Proposed FY 18-20 Budget $470,664 $567,466 $521,858 $537,228 $2,097,216 In-Kind Positions (Base Rates) City of Gilroy - SCYTF Coordinator Position $72,326.16 $141,966.00 $146,864.98 $150,742.00 $511,899.14 Santa Clara County - DAO - SCYTF PM Position $125,281.00 $134,981.00 $142,794.00 $152,756.00 $555,812.00 Santa Clara County - Probation Educaton Officer $118,554.00 $123,494.00 $128,640.00 $140,000.00 $510,688.00 Santa Clara County - DAO - SCYTF Community Outreach Specialist $0.00 $0.00 $74,112.00 $82,500.00 $156,612.00 City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $54,000.00 $55,000.00 $57,000.00 $48,000.00 $214,000.00 Total Partner Professional Expenses Hard Match $370,161 $455,441 $549,411 $573,998 $1,949,011 Total Joint Expenditure and Partner Professional $840,825 $1,022,907 $1,071,269 $1,111,226 $4,046,227 $0 ($0)$0 $11,000 ($12,000) South County Youth Task Force EXHIBIT A DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 1 4841-3348-3156v3 CCHU\04706098 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY AND GILROY UNIFIED SCHOOL DISTRICT REGARDING THE SOUTH COUNTY YOUTH TASK FORCE (SCYTF) POLICY TEAM The purpose of this Memorandum of Understanding (“MOU”) is to document and formalize the intent of the GILROY UNIFED SCHOOL DISTRICT (hereinafter referred to as "MEMBER") to participate and collaborate with the City of Gilroy (the "CITY") as a member of the South County Youth Task Force (“SCYTF”) policy team (the “Policy Team”). RECITALS WHEREAS, the CITY and the County of Santa Clara will assume the lead responsibilities for staffing and coordination of the SCYTF, in agreement with the Policy Team; and WHEREAS, the City of Morgan Hill, the County of Santa Clara, the Gilroy Unified School District, the Morgan Hill Unified School District, and the Santa Clara County Library District, in addition to being members of the Policy Team, have agreed to contribute annual funds to advance and sustain the work of the SCYTF , subject to a separate, written agreement for services; and WHEREAS, any member of the Policy Team may in the course of advancing the goals of the SCYTF and in the spirit of collaboration, contribute funding, in-kind resources, and/or seek grants and/or donations that would support the goals of the SCYTF; and WHEREAS, the CITY and the County of Santa Clara will establish a Policy Team meeting schedule that will convene at a minimum, quarterly; and WHEREAS, the CITY and MEMBER share a commitment to the success of this collaborative effort of service providers, law enforcement agencies, school districts and other government agencies working together to use a collaborative problem-solving approach to prevent gang involvement, redirect at-risk youth towards productive behaviors, and break the cycle of youth violence in the South County; and WHEREAS the Strategic Goals of the SCYTF are: DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 2 4841-3348-3156v3 CCHU\04706098 1. Capacity Building, Collaboration and Sustainability: Establish a system that sustains a community-based seamless service delivery model, that includes both the Policy Team which oversees the design of SCYTF objectives, and the Technical Team, which assists with implementing those objectives; and 2. Coordinated Continuum of Care and Community Reintegration: Work cooperatively to reduce recidivism through the advances of a reintegration strategy for South County youth and young adults; and 3. Building Community by Fostering Trust: Design and execute a cooperative method to bridge community by establishing trust to foster open communications and engagement between local government, law enforcement, schools partnerships and residents; and 4. Connected and Civically Engaged Community: Establish an d build an informed community for all to create safe and thriving neighborhoods; and 5. Accessible Spaces and Places to Play and Recreate for All: Provide youth with pro-social activities, and accessible spaces to play, recreate and engage in positive experiences. WHEREAS, each of the Strategic Goals will be further defined in terms of concrete objectives and tasks in the Strategic Plan Update Logic Model that the Technical Team will help to deliver. NOW, THEREFORE the parties agree as follows: 1. MEMBER shall provide leadership and assistance to the Policy Team in the following manner: a. Participate in an engaging culture of active communication, coordination and inter-agency collaboration; and b. Contribute and share resources that support and advance the goals of the SCYTF in accordance with the budget and Strategic Plan Update Logic Model approved by the Policy Team (SEE EXHIBIT A); and c. Work with the Policy Team to provide direction and guidance to the Technical Team; and d. Actively participate in: i. Evaluating emerging trends and setting policy direction; and ii. Monitoring the progress of the Technical Team; and iii. Facilitating interagency collaboration and troubleshooting; and iv. Reviewing efforts, measuring success and making changes as needed; and DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 3 4841-3348-3156v3 CCHU\04706098 v. Completing service delivery if and as specified within approved funding applications. e. Seek out and bring forward for consideration, “best practices” and “evidence-based practices” that can be tailored to the South County’s unique needs. 2. MEMBER understands and accepts the Strategic Goals of the SCYTF and the responsibilities discussed herein, as a participating member of the SCYTF Policy Team. 3. MEMBER shall work collaboratively with the CITY and the Policy Team to establish a formal practice of data-sharing, and to institute a coordinated reporting process to collectively measure and communicate the impacts and outcomes of the SCYTF. 4. MEMBER and the CITY enter into this Memorandum of Understanding with the intent to participate for as long as both parties shall mutually agree that participation is useful. Either party may terminate this agreement for any reason by giving thirty (30) days prior written notice of termination. The CITY OF GILROY, a municipal corporation By: ___________________________ Date: ___________ Name: Jimmy Forbis Title: City Administrator POLICY TEAM MEMBER: By: ___________________________ Date: ___________ Name: Debora Flores Title: Superintendent Address: 7810 Arroyo Circle Gilroy CA, 95020 DocuSign Envelope ID: FCFDC06D-B0D9-4D51-838D-0623F1A05C38 5/1/2023