Gilroy City Council
August 15, 2022

2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are require to be reported under Government Auditing Standards.

City’s Response to the Finding
City’s response to the finding identified in our audit is described in the accompanying schedule of findings and questioned costs. City’s response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Santa Ana, California
March 31, 2021, except for Finding 2020-001 which is as of July 25, 2022.

7.2.c
Packet Pg. 281 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL

CONTROL OVER COMPLIANCE, AND REPORT ON THE SCHEDULE OF EXPENDITURES OF

FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE

Independent Auditors’ Report

To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California

Report on Compliance for Each Major Federal Program

We have audited the City of Gilroy, California’s (the “City”) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2020. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying Schedule of Findings and Questioned Costs.

Management’s Responsibility

Management is responsible for compliance with federal statutes, regulations, and the terms and condition of its federal awards applicable to its federal programs.

Auditors’ Responsibility

Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards (the “Uniform Guidance”). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program.

However, our audit does not provide a legal determination of the City’s compliance.

7.2.c
Packet Pg. 282 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California

4 Opinion on Each Major Federal Program

In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2020.

Report on Internal Control Over Compliance

Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance.

Accordingly, this report is not suitable for any other purpose.

7.2.c
Packet Pg. 283 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California

5 Report on the Schedule of Expenditures of Federal Awards Required by Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2020, and the related notes to the basic financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon which contained unmodified opinions on those financial statements dated February 1, 2021, except for the South County Regional Wastewater Authority, a Discretely Presented Component Unit of the City and Notes 15 – Prior Period Adjustments and 16 - Subsequent Events, which were as of July 25, 2022. Our audit was conducted for the purpose of forming our opinions on the financial statements that collectively comprise the City’s basic financial statements. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain other procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Expenditure of Federal Awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Santa Ana, California
March 31, 2021

7.2.c
Packet Pg. 284 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

6 This page intentionally left blank.

7.2.c
Packet Pg. 285 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2020

See accompanying Notes to the Schedule of Expenditures of Federal Awards.

7 Amount
Federal Grantor/Pass-Through Grantor CFDA Grant Award Federal Provided to Program Title Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Direct Program:

CDBG - Entitlement Grants Cluster:

Community Development block Grants/Entitlement Grants 14.218 B-19-MC-06-0048 383,124$ 171,738$ Community Development block Grants/Entitlement Grants 14.218 Program income 28,601 - Total U.S. Department of Housing and Urban Development 411,725 171,738 U.S. Department of Justice
Direct Program:

Bulletproof Vest Partnership Program 16.607 Not applicable 1,836 - Bulletproof Vest Partnership Program 16.607 Not applicable 2,007 - Total U.S. Department of Interior 3,843 - U.S. Department of Transportation
Pass-Through the California Office of Traffic and Safety Highway Safety Cluster
Selective Traffic Enforcement Program 20.600/20.608 PT20053 38,213 - Selective Traffic Enforcement Program 20.600/20.608 PT19043 24,242 - Total Selective Traffic Enforcement Program 62,455 - Pass-Through the California Department of Transportation Highway Planning and Construction Cluster:

Monterey Rd. Rehab 20.205 STPL-5034 (027) 1,475,412 - Channel Trail and Various Bridge Constructions 20.205 RSTP-5034(023) 57,973 - Total Highway Planning and Construction Cluster 1,533,385 - Total U.S. Department of Transportation 1,595,840 - Total Expenditures of Federal Awards 2,011,408$ 171,738$

7.2.c
Packet Pg. 286 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Notes to the Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2020

8 Note 1 – Reporting Entity
The financial reporting entity consists of the primary government, City of Gilroy (the “City”), organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity’s financial statements to be misleading or incomplete. The City consists of the primary government, including the Gilroy Public Facilities Financing Authority, a blended component unit as defined in Note 1.A to the basic financial statements.

Note 2 – Summary of Significant Accounting Policies

Basis of Accounting

Funds received under the various grant programs have been recorded within the special revenue and capital projects funds of the City. The City utilizes the modified accrual basis of accounting for the special revenue and capital projects funds. The accompanying Schedule of Expenditures of Federal Awards (the “Schedule”) is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 2, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Uniform Guidance”). Therefore, some amounts presented in the Schedule may differ from amounts presented in, or used in, the preparation of City’s basic financial statements.

Schedule of Expenditures of Federal Awards

The accompanying Schedule presents the activity of all federal financial assistance programs of the City. Federal financial assistance received directly from federal agencies, as well as federal financial assistance passed through the State of California, is included in the Schedule. The Schedule was prepared only from the accounts of various grant programs and, therefore, does not present the financial position or results of operations of the City.

Indirect Cost Rate

The City has not elected to use the 10 percent de-minimis indirect rate as allowed under Uniform Guidance.

Note 3 - Subrecipients

During the year ended June 30, 2020, the City provided federal funds to the following subrecipients:

Community Development Block Grant Subrecipients:

Rebuilding Together Silicon Valley 144,364$
Catholic Charities of Santa Clara County 5,677
Live Oak Adult Day Services 8,462
Gilroy Compassion Center 13,235
Total 171,738$

7.2.c
Packet Pg. 287 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2020

9 Section I – Summary of Auditor’s Results
Financial Statements
Types of report the auditors issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified

Internal control over financial reporting:

Material weakness(es) identified? None noted

Significant deficiency(ies) identified? 2020-001

Noncompliance material to financial statements noted? No

Federal Awards
Internal control over major federal programs:

Material weakness(es) identified? No

Significant deficiency(ies) identified? None noted

Type of auditor’s report issued on compliance for major federal programs: Unmodified

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No

Identification of major federal programs:

CFDA Number(s) Name of Federal Program or Cluster Expenditures

20.205 Highway Planning and Construction Cluster 1,533,385$ Total Expenditures of All Major Federal Programs 1,533,385$ Total Expenditures of Federal Awards 2,011,408$
Percentage of Total Expenditures of Federal Awards 76.23%

Dollar threshold used to distinguish between type A and type B programs: $750,000

Auditee qualified as low-risk auditee under 2 CFR 500.520? No

7.2.c
Packet Pg. 288 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020

10 Section II – Financial Statements Findings
A. Current Year Findings – Financial Statement Findings

Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial Reporting

Criteria:

Management is responsible for the preparation and fair presentation of financial statements in accordance with U.S. generally accepted accounting principles. Management is also responsible for designing, implementing, and maintaining appropriate internal control over financial reporting and compliance. Effective internal control over financial reporting provides reasonable assurance for the completeness and accuracy of accounting records, proper year-end closing, and accurate financial reporting. Internal control is defined as a process implemented and monitored by the City Council, management, and other personnel that provides reasonable assurance that the objectives of the City will be achieved. Internal control is not one event, but a series of events that occur throughout an entity’s operations. The City’s internal control system should be designed to provide reasonable assurance regarding the achievement of the following objectives:

Reliability of financial reporting for internal and external use; Effectiveness and efficiency of operations; and
Compliance with applicable laws and regulations.

Condition:

Significant errors were found requiring adjustment to the City’s issued Comprehensive Annual Financial Report for fiscal year ended June 30, 2020 and restatement of the June 30, 2019 net position as previously reported in its audited financial statements. These errors included the omission of the discretely presented component unit, a material component unit to the primary government, from the Government-wide reporting Statement of Net Position and Statement of Activities, and audit entries made to correct prior reporting of the City’s Investment in the DCU, to correct allocations of the net pension and OPEB liabilities, and other asset balances which were understated.

Cause:

During the audit, the City experienced the following impacts to the Finance Department’s operations which we believe significantly impacted its financial close and reporting processes:

There was turnover of key employees in the Finance Department causing delays in the City’s closing process and audit
The global COVID-19 pandemic caused the closure of City Hall, which impacted and/or reduced staff hours for both the City and the firm
A new ERP system was still implemented requiring additional training which impacted employee availability Existing staff workload increased due to start up activities with a new audit firm The City had previously been charging the costs of pension and OPEB liabilities solely to governmental activities, which required additional staff time for analysis to correct the allocation accounting

Even with efforts to address the above issues, there was continued pressure on City staff to meet its deadline and submission for the GFOA certification, which was met.

7.2.c
Packet Pg. 289 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020

11 Section II – Financial Statements Findings (Continued) A. Current Year Findings – Financial Statement Findings (Continued)

Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial Reporting (Continued)

Effect:

Delays in processing transactions timely and closing accounting periods coupled with undue pressure to meet deadlines, can create an environment where accounting errors are not prevented or detected timely. In addition, turnover can cause errors to occur and go undetected without a formal internal control hierarchy in place for review and approval of published financial data. When errors occur and go undetected it can create further delays in the release of audited financial statements.

Recommendation:

We recommend the City establish effective internal control procedures designed to reduce the risk of accounting errors through adequate review and supervision. These should include timely review and approval by management of account reconciliations, sub-ledger transactions, existence/occurrence, completeness, rights or obligations, valuation or allocation, accuracy or classification, and cut-off of accounts at the fund and overall government-wide level. We also recommended the City establish a systemic review process over both internal and external financial reporting.

Views of Responsible Officials:

City management concurs with this recommendation.

B. Prior Year Findings – Financial Statement Findings

No prior year financial statement findings were noted.

7.2.c
Packet Pg. 290 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020

12 Section III – Federal Awards Finding and Questioned Costs A. Current Year Findings and Questioned Costs – Major Federal Award Program Audit

No current year findings and questioned costs were noted.

B. Prior Year Findings and Questioned Costs – Major Federal Award Program Audit

2019-001 - Reporting

Condition
Three of the four SF-425 reports for the fiscal year 2018-2019 were not submitted timely.

Recommendation
We recommend that the City review its processes to allow for reporting to take place in timely manner.

Status:

Implemented.

7.2.c
Packet Pg. 291 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)

City of Gilroy

STAFF REPORT
Agenda Item Title: Rename Gilroy Museum's Research Room After the Late Author and Museum Volunteer Claudia Salewske
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Adam Henig, Recreation Manager
Prepared By: Adam Henig, Recreation Manager

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Motion to approve the Parks and Recreation Commission's recommendation to rename Gilroy Museum's Research Room to the "Claudia Salewske Research Ro om."

EXECUTIVE SUMMARY

At the May 2022 Parks and Recreation Commission monthly meeting, the Commission motioned to approve recommending the renaming of the Gilroy Museum’s research room after the late Claudia Salewske, a local author and dedicated Museum volunteer.

Per City policy, protocol requires the Commission to forward its recommendation to the City Council for review and consideration.

7.3 Packet Pg. 292

POLICY DISCUSSION

According to the City’s “Parks or Recreation Facilities Naming, Community and Memorial Contribution, and Gift and Sponsorship Policy,” which went into effect on May 19, 2014, the following is the criteria to rename a facility after a person. (See Section B, “Commemorative Dedications and Names,” for more details):

1. Person must be deceased at least one year before a commemorative dedication or naming proposal will be considered – Claudia passed away in 2016.

2. Demonstrate outstanding achievements, contributions to the community, and enrichment of the City – Claudia published two books about the history of Gilroy.

She was a longtime, dedicated volunteer for the Museum. She provided research and gave talks about the history of the City.

3. Have had a direct and long-term association with the feature or facility – When writing her books, Claudia used the research room. She also spent time there conducting research for other projects.

4. Contribution to the community was through our park or recreation system or programs – The Museum is a City facility and Recreation staff serve as the City liaison.

5. The named resource is pertinent to, or representative of, the individual’s contribution – See response #3.

6. The proposal to commemorate an individual should contain evidence of broad - based local support for the proposed name and its application, such as letters, editorials, and petitions – See attached letters and newspaper editorial.

7. The costs of plaques, monuments, and replacement of signs resulting from, or done in conjunction with the dedication or commemorative naming will be borne by the individual, group, or organization sponsoring the request. – The plaque will be paid by the Gilroy Historical Society.

The Parks and Recreation Commission is the first governing body to review the request, to be followed by City Council who will make the final decision.

BACKGROUND

At the April 2022 Parks and Recreation Commission meeting, Gilroy Historical Society President Connie Rogers requested the Commission consider adding the renaming of the Gilroy Museum Research Room after the late Claudia Salewske to a future meeting agenda.

Claudia was an English teacher at Gilroy High School for many years and then an English professor at San Jose State University. In addition to her extensive volunteering at the Museum, she also authored two books about the history of Gilroy:

1. Pieces of the Past: A Story of Gilroy (1982)

2. Gilroy (Images of America Series, Arcadia Publishing, 2003).

7.3 Packet Pg. 293

Both books have been helpful to residents wanting to trace their family origins and for researchers wanting to understand the city’s past. When Claudia was conducting research for these publications, she did most of the research in the Museum’s research room. She passed away in 2016. Since her passing, the Salewske family has donated the book’s royalties to the Museum.

The Commission added it to a future agenda of the Commission. At the May 2022 meeting, the item was discussed and the Commission motioned to approve recommending to City Council the renaming of the Museum’s research room after Claudia Salewske. The motion passed 5-0-0.

ANALYSIS

Based on the criteria cited above and attached documentation that includes letters of support and an editorial published in a local newspaper, staff recommends the application to rename the Museum’s research room after Claudia Salewske be approved.

ALTERNATIVES

Council can motion not to approve the renaming of the Gilroy Museum Research Room.

FISCAL IMPACT/FUNDING SOURCE

There is no fiscal impact. If approved, the Gilroy Historical Society will pay for new signage.

NEXT STEPS

The Gilroy Historical Society will order an engraved sign, “Claudia Salewske Research Room,” and install it in the Museum’s Research Room.

Attachments:

1. 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY

2. Letters of Support

3. Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life

4. Claudia's Proclamation

7.3 Packet Pg. 294

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEAR 2022-2023 IN THE

GANG PREVENTION/INTERVENTION FUND AND

APPROPRIATING PROPOSED REVENUE AND

EXPENDITURE AMENDMENTS

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered, and adopted the same on June 7, 2021; and

WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated August 1, 2022 for the Gang Prevention/Intervention Fund; and

WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments.

NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Gang Prevention/Intervention Fund, is hereby increased by $244,000 as revenue and expenditure in project string 30SCYTF-FY23-DA Office-Program Expenses and $172,550 as revenue and expenditure in project string 30NSU-FY23-Probation-Program Expenses for Fiscal Year 2022- 2023.

PASSED AND ADOPTED this 15th day of August 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

7.3.a
Packet Pg. 295 Attachment: Draft Resolution (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

SECTION I: GENERAL INFORMATION
Contractor Name:
(As Displayed in SAP)
Purchase Order Number:

Agency/Department Name:Department
Number:

Brief Description of Services
Maximum Financial Obligation
The maximum amount payable to this Contractor
under this agreement shall not exceed:

Term of Agreement
Start Date: End Date:

Note: When left blank, start date will be the date executed by Authorized County Representative.

For County Use Only
Account
Assignment
Plant
Number
General
Ledger
(Expense
Code)
Cost
Center
(Dept.

Code)
Amount WBS
(Capital Project Code)
Internal
Order
(“PCA” code
–optional)
Line 1
Line 2
Line 3
Line 4
Line 5
Revision Date –
'MX] SJ +MPVS]
3JJMGI SJ XLI (MWXVMGX %XXSVRI]
8S TVSZMHI WIVZMGIW XLEX [MPP WYTTSVX XLI =SYXL 8LVMZI (MZIVWMSR 4VSKVEQ =8(4
 8LI 8=(4
[SVOW [MXL PS[IVPIZIP NYZIRMPI GVMQMREP SJJIRHIVW XS IRWYVI XLEX XLI] VIQEMR E TEVX SJ ERH XLVMZI MR XLIMV GSQQYRMX] [MXLSYX MQQIVWMRK XLI ]SYXL MR XLI .YZIRMPI .YWXMGI 7]WXIQ 8LI =8(4 EPWS WXVMZIW XS VITEMV XLI LEVQ XLI ]SYXL LEW GEYWIH XS XLI ZMGXMQ W
 %HHMXMSREPP] XS
WYTTSVX XLI [SVO SJ XLI 7SYXL 'SYRX] =SYXL 8EWO *SVGI
7'=8*

TVSKVEQQMRK ERH
GSQQYRMX]FEWIH EKIRGMIW MR ER IJJSVX XS VIHYGI NYZIRMPI HIPMRUYIRX FILEZMSVW VIHYGI VIGVYMXQIRX SJ ]SYXL MR KERKW ERH VIHYGI ]SYXL ZMSPIRGI MR 7ERXE 'PEVE 'SYRX] 

5255500 3836 $0.01H
Select
Select
Select
Select
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13 Approved: 06/28/20227.3.b
Packet Pg. 296 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.

Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3) daysafterdepositinthemail. Eitherpartymaydesignate a differentpersonand/oraddressforthereceipt of notices by sending written notice to the other party, which shall not require an amendment to this Agreement.

CONTRACTOR
Contractor Name:
(As Displayed in SAP)
Contact Person:

Street Address*:

City*: State: Zip:

Telephone Number*:

Email Address*:

SCC Vendor Number:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS COUNTY OF SANTA CLARA
Agency/Department:

Program Manager/Contract
Monitor Name:

Street Address:

City: State: Zip:

Telephone Number:

Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:

Revision Date –
'MX] SJ +MPVS]
.EWSR 7QMXL 'ETXEMR +MPVS] 4SPMGI (ITEVXQIRX
 ,ERRE 7XVIIX
+MPVS] '%

SJJMGI



NEWSRWQMXL$GMX]SJKMPVS]SVK

3JJMGI SJ XLI (MWXVMGX %XXSVRI]
&IVRMGI %KYMPIVE 4VSKVEQ 1EREKIV --
 1SRXIVI] 7XVIIX
+MPVS] '%




1IM'LMRK ,WMES
7ERHVE +EQMRS
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 297 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

7.3.bPacket Pg. 298Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

SECTION IV: DETERMINATION OF RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor’s eligibility for Medicare and Social Security, Public Employees’ Retirement System benefits, and other benefits and affects how the contractor files tax returns and the contractor’s responsibility for various federal and state taxes.

Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or leave work, or when to take breaks? Do you have other employees performing similar work with a similar degree of supervision? If the answer to any of these questions is YES, select YES from the dropdown.

Training: Will the County instruct the contractor on how to do the job or pay for external training? Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held either financially or legally liable for unfinished work? Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and tools to do the job, i.e. computers, telephones, etc.?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or functions— answer YES. When the contractor is hired to complete a specific project that was not the regular tasks performed by County employees before— answer NO.

Other Customers: Does the County prevent the Contractor from performing similar services for other customers, either due to the amount of work (full­time), or by contractual provision? Designation as Business Entity: If the Contractor has a business license or business certificate, or is a corporation, nonprofit organization, or school district, select “No” from the dropdown. (This does not pertain to professional licenses or certificates such as a license for a physician or architect.) Enter below the business license number and the city/entity where issued.

Bus. License #: Issued by:

Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If payment is by commission or based on project milestones or deliverables, answer “NO” to this question. Be sure this answer matches the contract payment schedule in Section V.

Support Services: Will County employees or other independent contractors provide assistance to this Contractor? Assistance is defined as clerical, technical or professional support.

If at least 5 of the above questions were answered “NO”, Contractor is an Independent Contractor.

If 5 or more of the above questions were answered “YES”, Contractor is a Dependent Contractor, where the relationship resembles that of employer/employee. Tax withholding is required, and benefits are provided. Complete and attach the following forms: Employee’s Withholding Allowance Certificate—Federal Form W­4, State Withholding, Form DE­4, Determining PERS Eligibility and PERS Member Action Request. Visit www.ceo for more information regarding Dependent Contractors.

County insurance requirements do not apply to Dependent Contractors.

Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the contractor’s tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.

Contractor’s Initials: Dept. Fiscal Officer’s
Signature:

Revision Date –
No
No
No
No
No
No
No
No
YesYesYesYes
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
No
No

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 299 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPE OF SERVICE) Or See Attachment: incorporated by this reference.

B. DELIVERABLES, MILESTONES & TIMELINE FOR PERFORMANCE
Or See Attachment: Incorporated by this reference.

Revision Date –
&
%

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 300 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

C. PERFORMANCE STANDARDS
Or See Attachment: Incorporated by this reference.

D. PAYMENT SCHEDULE
Note: Dependent contractors are not permitted to work in excess of 40 hours per week
Is contractor a Community Based Organization (CBO)?
Yes
No
Or See Attachment: Incorporated by this reference.

Revision Date –
'
(



DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 301 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.

C. CONFLICTS OF INTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County.

In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. Contractor, including but not limited to contractor’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Contractor shall, upon execution of this Agreement, provide the County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor’s employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Contractor’s service to the County under this Agreement. Contractor shall immediately notify the County of the names and email addresses of any additional individuals later assigned to provide such service to the County under this Agreement in such a capacity. Contractor shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to the County.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

D. GOVERNING LAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.

E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

Revision Date –
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 302 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

G. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated.

H. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY, AND WAGE THEFT

PREVENTION
Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non­discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.

Compliance with Non­Discrimination and Equal Opportunity Laws: Contractor shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.

Definitions: For purposes of this Subsection H, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.

PriorJudgments, Decisions orOrders againstContractor: Bysigning thisAgreement, Contractor affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Contractor violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.

Revision Date –
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 303 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, Contractor receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Contractor shall promptly satisfy and comply with any such Final Judgment.

Contractor shall inform the Office of the County Executive­Office of Countywide Contracting Management (OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Contractor shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive­OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive­OCCM satisfies the notice requirements in this paragraph.

Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to Contractor’s records, Contractor shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.

Upon the County’s request, Contractor shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Subsection H, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during Contractor’s normal business hours upon no less than 10 business days’ advance notice.

Pay Equity Notification: Contractor shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to Contractor for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Contractor’s Employees and Job Applicants.

Material Breach: Failure to comply with any part of this Subsection H shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

Suspend or terminate any or all parts of this Agreement.

Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.

Offer Contractor an opportunity to cure the breach.

Subcontractors: Contractor shall impose all of the requirements set forth in this Subsection H on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience of the County. The notice shall specify the effective date and the scope of the termination. In the event of termination, Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete.

Contractor may retain a copy for its records. Upon receipt of the documents, Contractor shall be compensated based on the completion of services provided, as solely and reasonably determined by County. ­OR­
Alternate Termination Language Attached as Exhibit ______________, incorporated by this reference. (Requires County Counsel Approval)
J.BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered by this Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this Agreement indicating the reduced amount.

Revision Date –

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 304 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

K. COUNTY NO­SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s No­Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County­owned and operated health facilities, (2) within 30 feet surrounding County­owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.

L. FOOD AND BEVERAGES STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by Contractor with County funds for County­sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider providing a vegan option.

If pre­packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans­fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant­derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low­calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar­sweetened beverages shall not be provided.

M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

N. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or information submitted to County, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure.

If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the County is required to respond to the CPRA request, County may disclose the requested information.

Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the Contractor.

Revision Date –
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 305 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

O. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

P. INTELLECTUAL PROPERTY RIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement, the term “Deliverables” shall mean any documentation and deliverables created by Contractor during the performance of services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Contractor, either alone or jointly with others, during the period of Contractor’s agreement with the County or result from the use of premises leased, owned or contracted for by the County.

Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Contractor, either solely or jointly with others, in connection with any agreement with the County.

Q. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the effective date of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables and/or services provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable attorney’s fees) by a third party alleging the Deliverables and/or services provided pursuant to this Agreement infringe upon any intellectual property rights of third parties. This indemnity and duty to defend is in addition to and does not supersede the requirements stated in VII of this agreement.

R. OWNERSHIP RIGHTS TO MATERIALS/RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder, including but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative works, patent, copyright, trademark, trade secret or other proprietary rights associated therewith (collectively “Deliverables”), shall be the sole and exclusive property of the County. To the extent Contractor owns or claims ownership rights to said Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to the Deliverables to the County pursuant to the terms and conditions of this Agreement and at no additional cost. The County has the exclusive royalty­free irrevocable right to duplicate, publish or otherwise use for any purpose, all materials prepared under this Agreement. If Contractor wishes to use the materials prepared hereunder for any purpose including but not limited to promotional, educational or commercial purposes, the Contractor shall obtain prior written authorization from the County, which consent may be withheld by the County in its sole discretion.

Contractor acknowledges that all original works of authorship which are made by Contractor (solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or developed by Contractor, solely or jointly with others, in connection with any agreement with the County. If requested to, and at no further expense to the County, Contractor will execute in writing any acknowledgments or assignments of copyright ownership of such copyrightable works as may be appropriate for preservation of the worldwide ownership in the County and its nominees of such copyrights. This section shall apply to the extent not otherwise provided under this agreement.

Revision Date –
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 306 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTACLARA

SERVICE AGREEMENT

COUNTY DATA
Definitions: “County Data” shall mean data and information received by Contractor from County. County Data includes any information or data that is transported across a County network, or that resides in a County­owned information system, or on a network or system under the control and management of a contractor for use by County. “County Confidential Information” shall include all material, non­public information (including material, non­public County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or employees, or any of its affiliates or representatives.

Contractor shall not acquire any ownership interest in County Data (including County Confidential Information).

As between Contractor and County, all County Confidential Information and/or County Data shall remain the property of the County. Contractor shall not, without County’s written permission, use or disclose County Data (including County Confidential Information) other than in the performance of its obligations under this Agreement.

Contractor shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Agreement, Contractor shall seek and follow County’s direction regarding the proper disposition of County Data.

Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor’s security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge County for any expenses associated with Contractor’s compliance with these obligations.

Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor and/or its agents, employees or sub­contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County.

T. PAYMENT TERM [NOT APPLICABLE TO COMMUNITY BASEDORGANIZATIONS – Describe paymentterms forCBO’s in SectionV. (D) PAYMENT SCHEDULE]
The County’s standard payment term shall be Net Thirty (30), unless otherwise agreed to by the parties. Payment shall be due Net Thirty (30) days from the date of receipt and approval of correct and proper invoices. Payment is deemed to have been made on the date the County mails the warrant or initiates the electronic funds transfer.

U. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 307 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTACLARA

SERVICE AGREEMENT

A. TYPE OF INSURANCE LANGUAGE
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County’s insurance and indemnification requirements as indicated below. These requirements do not apply to Dependent Contractors .

LIVING WAGE (IF APPLICABLE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion, take responsive actions including, but not limited to, the following:

Suspend, modify, or terminate the Direct ServicesContract.

Requirethe Contractor and/orSubcontractor to comply with an appropriate remediationplan developed by the County.

Waive all or part of Division B36 or the Living WagePolicy.

This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and warrants that it will continue to comply with Division B36 and the Living Wage Policywith respect to applicable contracts.

The followingstandardinsurance andindemnification language is attachedand incorporated into this agreement:

Insurance Exhibit Name:

ModificationorWaiverAttached (ifappropriate)

)<,-&-8 &
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 308 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA
SERVICE AGREEMENT

B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION Workers Compensation:Does the contractor have employees? If “YES”, then, WORKER’S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.

Owned Auto Insurance:

Will the contractor use any owned autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If “YES”, then INSURANCE FOR OWNED AUTOS IS REQUIRED.

Hired Auto Insurance:

Will the contractor use any hired autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If “YES”, then INSURANCE FOR HIRED AUTOS IS REQUIRED.

Non­owned Auto Insurance
Will the contractor be using any non­owned autos in the provision of direct services, such as transporting clients in non­owned autos or operating non­owned autos in performance of the work itself?
If “YES” then, INSURANCE FOR NON­OWNED AUTOS IS REQUIRED.

When “NO” is checked, this declaration will serve as a waiver for the specified type of insurance.

SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drug­free Workplace Activity, Health Insurance Portability and Accountability Act (HIPAA), Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

The Exhibits named above are attached and incorporated by this reference.

SECTION IX: ADDITIONAL ATTACHED EXHIBIT(S)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by County Counsel. Examples of attachments that require County Counsel approval are:
1) Contractor’s terms and conditions that are different than, or add to the standard provisions’ language, 2) Any changes to the language in Section VI—Standard Provisions.

Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section V, and insurance exhibits.

Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.

Revision Date –
%XXEGLQIRX ( &YHKIX
)\LMFMX ) 4VSKVEQ %GXMZMX] 6ITSVX
4%6

)\LMFMX * 4VSKVEQ 2EVVEXMZI 6ITSVX
Yes
Yes
No
No

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 309 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
1 Attachment A
Service Description and Expected Outcome (Scope of Service)

A. Service Description and Expected Outcome (Scope of Services) This Agreement is between the County of Santa Clara (“County” or “District Attorney’s Office (DAO)”) and the City of Gilroy (“Contractor”), relating to providing funding to support the work of the South County Youth Task Force (the “SCYTF”) and the Youth Thrive Diversion Program (YTDP) in South Santa Clara County. The YTDP aligns with SCYTF, which is a collaborative of many city, county, educational, community-based and faith-based organizations that seeks to reduce juvenile delinquent behaviors, recruitment of youth into gangs, and youth violence in South Santa Clara County. The YTDP specifically seeks to appropriately hold first time or lower-level juvenile criminal offenders accountable. YTDP ensures that youth will remain a part of and thrive in their neighborhoods alongside other community members. YTDP strives to repair the harm the youth has caused and prevent further criminal conduct without immersing the youth in the Juvenile Justice System. The DAO office will assume the role as the lead agency, helping with setting policy direction and seeking funding for the SCYTF and the City of Gilroy will assume the responsibilities for staffing, coordination and serve as the fiscal agency of the SCYTF, in agreement with the SCYTF Policy Team.

1. Contractor’s Responsibilities:

a. Hire a .5 FTE Office Assistant 1 that will support the SCYTF for a minimum of 25 hours per week. This position will help with communication strategies, update the SCYTF Website and other administrative support functions.

For the Office Assistant 1, the actual cost of salary and benefits per hour is $25.11 with an annual salary, benefits and indirect costs totaling between $28,297 - $35,581.

If a .5 FTE Office Assistant 1 is not hired, the funding should be used to support Community- Based Organizations (CBOs) and direct services to the community.

b. Hire a part-time program coordinator through CBOs that will support the YTDP for a minimum of 25 hours per week. This position will help with coordinating all aspects of the YTDP program, to include trainings and scheduling of volunteers, referrals, intake process, communications, circle calendars and outreaching to collaborative partners (community-based agencies, schools, law enforcement and community residents, other City or County departments), reporting, and other administrative support functions.

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 310 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
2 For the part-time program coordinator, the cost of salary and benefit reimbursement may not exceed $40,000 for the life of this agreement. Contractor may hire within the agency or pass-through funding to a CBO partner.

c. Coordinating and providing services to support the SCYTF and the YTDP.

d. Provide office space at the Gilroy Police Department for two DAO staff assigned to support the SCYTF: the SCYTF Program Manager and the Community Outreach Specialist assigned to South County, both assigned to Community Prosecution Unit.

e. Through the passthrough of funds, contractor shall retain the services of Community Based Organizations (CBOs) to provide services that support the SCYTF and the YTDP. This includes recruiting and retaining collaboration and partnership of Community Based Organizations (CBOs) to provide services to support the YTDP, providing program supports and expenses for the Restorative Justice (RJ), prosocial activities, providing support for program participants in need of assistance to complete their Individual Service Plan, trainings for the RJ circle volunteers and holding Diversion circles as needed, maintaining and providing updates the Gilroy United website and the SCYTF website, by request of SCYTF and partners.

f. Minimally, 70% of the funds from SCC must be allocated to CBOs and evaluation firms. The other 30% may be used for the .5 FTE Office Assistant position as outlined above in section 1a. and other administrational or indirect costs. Any remaining funds shall go towards CBOs and/or evaluation firms.

g. Contractor shall enter into separate agreements with CBOs that outline the services and deliverables in accordance with the SCYTF, following the Contractor’s procurement process.

h. Working and maximizing collaborative efforts with community-based organizations (CBOs). SCYTF will offer relevant trainings to potential SCYTF and YTDP volunteers for program and community restorative circles, such as:

Cultural Humility, Developmental Assets, Protective Factors, Restorative Justice, Sexual Orientation and Identity, Trauma Informed Care, The Connection Practice.

i. Reporting data, quarterly progress and financial reporting to the County in a timely matter as outlined in Attachment B and updating a database that documents each youth’s process within all funded SCYTF and YTDP programs, their completion and follow through of their Individual Service Plant or lack of, until program completion.

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 311 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
3 2. All CBOs participating in the SCYTF will have the necessary credentials, certifications, insurance, experienced staff, training and field expertise for the planned array of services and track records for to provide services. The duties and responsibilities of the experienced staff will include:

a. Conducting outreach support;

b. Linking and referring youth to SCYTF’s services and other community programs;

c. Partnering with the County, the SCYTF and other local community assets to further the goal of gang and violence prevention, intervention and violence disruption to foster safer communities in South County;

d. Attending necessary meetings, including, but not limited to, impromptu crisis response protocol and climate meetings, monthly SCYTF Technical Team and bi-monthly Policy Team meetings, weekend events and work evenings (when needed) to implement successful coordination of SCYTF project services;

e. Assisting in identifying funding matches for food expenses while adhering to County nutritional guidelines for programming; and

f. Submitting monthly calendars on a quarterly basis documenting which services are being rendered at which times, for each day of the week/month at each location.

g. Outreach and Engagement Activities:

These activities aim to build rapport with youth to introduce services, opportunities for self-referral, and invitation to participate in our services/activities.

3. Contacts and Visits
Contractor will oversee and monitor all CBOs to ensure they are properly adhering to, and providing services under, the SCYTF model. Contractor will also oversee site visits to be completed by SCYTF’s program staff with appropriate clearance. Onsite and off-site contact must be according to County, City and school procedures. Social media connection is not allowed through personal sites.

4. Population to be Served: SCYTF
a. Children and young adults (Youth) served will be between the ages of 10-24 (any gender or non-binary), who reside or attend school in South County (zip code areas 95020, 95021, 95037, 95038 and 95046) and can fall in one, or more, of the following categories:

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 312 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
4 1. At-risk -At-promise youth: Defined as youth who live in or attend schools in low socio-economic areas, referred to as “Hot Spots” that have some gang/violence-risk characteristics, such as, but not limited to youth exhibiting Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/Lack of Healthy Coping Abilities; and Re- Victimization Risk.

2. High-risk behaviors and gang-impact: Defined as youth exhibiting high-risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating social-risk factors and level of intensity.

3. Youth who demonstrate to be violence/gang intentional: social circle is integrated into intergenerational gang environment; youth self-identify, are identified and/or are arrested for gang-related incidents or acts of gang violence through the justice system.

b. Parents of youth and community members who reside in Morgan Hill, San Martin and Gilroy Hot Spots, as defined by the Strategic Plan.

c. School Providers who identify themselves as needing support, services and wish to integrate relevant SCYTF supports and trainings into the school, build staff’s competency with working with youth who are displaying trauma and known at-risk and high-risk behaviors.

d. Population to be Served: Diversion Program
Children (Youth) served will be between the ages of 10-17 (any gender or non- binary), who reside or attend school in South County (zip code areas 95037, 95046 and 95020), who have committed a first-time, low-level offense, or have committed a low-level offense first of its nature.

5. Location and Days of Operation:
a. Services will be provided in areas within South Santa Clara County, identified as having a higher need for services, as evidenced by trends, hotter climate, escalated youth issues and/or community and school demand, within accessible community- based locations, such as community centers, libraries, churches, schools or virtual platforms best identified by the Project Coordinator, collaborative partners and youth who are going through SCYTF programs.

b. Services will be provided throughout the week and some evenings and weekends.

County’s Responsibilities:

1. County will provide leadership and assistance to the SCYTF Policy Team. This includes providing support to the SCYTF Policy Team in:

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 313 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
5 a. Participating in an engaging culture of active communication, coordination and interagency collaboration.
b. Contributing and sharing resources which support and advance the goals of the SCYTF in accordance with a budget (See Attachment D-2, “Budget” attached and incorporated by this reference) and work plan approved by the Policy Team. c. Actively participating in the Policy Team role that:
i. Evaluates emerging trends and sets policy direction; ii. Monitors the progress of the Technical Team;
iii. Facilitates interagency collaboration and troubleshooting; iv. Reviews efforts, measures success and makes changes as needed; and v. Completes service delivery, if and as specified, within approved funding applications.

d. Seeking out and bringing forward for consideration, “best practices” and “evidence-based practices” that can be tailored to the South County’s unique needs.

2. County will provide leadership and assistance to the SCYTF Technical Team and the various subcommittees. This includes providing support to the SCYTF Technical Team in:
a. Co-chairing the Technical Team and several working committees. b. Providing direct services to youth and their families. c. Supporting the intent of serving as a youth safety net, d. Bringing up needs to Policy Team and implementing Policy Team direction.

3. County will provide leadership and assistance to the YTDP and SCYTF website development. This includes providing support to the YTDP and website development in:
a. Participating in an engaging culture of active communication, coordination and interagency collaboration.
b. Co-lead the YTDP Leadership Committee alongside the Program Coordinator. c. Co-lead the Communications Committee alongside the City of Gilroy. d. Contributing and sharing ideas, resources to both support and advance the goals of the SCYTF, YTDP and SCYTF website in accordance with a budget (See Attachment D-2, “Budget” attached and incorporated by this reference) and work plan.
e. Actively participating in the SCYTF and YTDP Circles, trainings, workshops, and outreaching activities.
f. Helping review efforts, measures success and makes changes as needed. g. Completing service delivery, if and as specified, within approved funding applications.
h. Seeking out and bringing forward for consideration, “best practices” and “evidence-based practices” that can be tailored to the South County’s unique needs.

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 314 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
6 Unless specifically stated otherwise, quarterly periods referenced in this entire agreement shall be defined as follows:

July 1, 2022 – September 31, 2022
October 1, 2022 – December 31, 2022
January 1, 2023 – March 30, 2023
April 1, 2023 – June 31, 2023

A
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 315 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
7 Attachment B
Deliverables, Milestones & Timelines for Performance

Deliverables, Milestones, and Timeline for Performance

1. Contractor will enact the adopted strategic planning process and action plan that defines the magnitude of the gang and community violence issues in the south Santa Clara County area and identifies actions needed to best address them.

2. Within three (3) months from the last signature date on this agreement, Contractor will provide the County with a plan for spending and timeline for deliverables showing that the full amount will be spent within the period of this agreement. This plan should include the following:
a. What services the Contractor will offer,
b. How the Contractor will fund those services,
c. Explanation of the need for services,
d. Desired outcome of results

3. Project data to be collected: number and type of primary, secondary and tertiary services available as the result of this Program, units of service delivered, client length of participation and completion rate(s), percentage of outcome goals achieved by individual participants, numbers of referrals and rate of successful enrollment for each service type and training offered.

4. The Program Lead Team, YTDP Implementation Team and Communications Committee will present interim process and outcome results, including key service delivery, participant progress, and participation data, and website development at monthly Program Lead Team Meetings, to discuss and act on real time issues and any needed program adjustments.

5. Transport of Clients: All necessary insurance and guidelines must be met and verified before transporting clients. One-to-one driving is not allowed. Staff and youth in transport must be of the same gender, or there may be another staff member in the car of opposite gender. A guardian/parental permission slip must be signed each time a youth enters a Contractor’s or Subcontractor’s vehicle. For Life Coaching/Case Management/Small Group sessions, all intake paperwork must be up to date and the two-to-one ratio must be enforced for transporting clients. Locations of services will occur at the identified schools, community hubs, hot-spot parks and libraries. Contact of client and transportation must follow County and Contractor procedures.

B
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 316 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
8 6. Contractor will ensure that each subcontracting CBO maintains a written and electronic individualized file on each client for case management services as well as an Individual Service Plan (ISP). Contractor will ensure that each CBO has a file on all group, training or program attendees to support the demographics and number of clients and community members being served. CBOs will document each client's progress within assigned service/program and notify Contractor of client's progress and/or problems encountered within an assigned service/program.

7. Contractor must work with the County's evaluation staff and consultants to collect data as required by the County:
a. Contractor must assist in supporting and implementing the goals of the County, including the outcome measures, as determined by the County and agreed upon by the Contractor.
b. Contractor must assure that each CBO work in conjunction with County and County's outcomes team to create a client list. At a minimum, CBOs must provide a client list that includes the following:
i. Initials of youth served;
ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Date of referral made to program (if applicable)
v. Date and length of time of youth’s Circle (if applicable) vi. Date of when youth started receiving services;
vii. End date of when youth stopped receiving services; viii. ZIP Code of youth served (if available);
ix. Ethnicity of youth served (if available); and
x. Hours of service per youth by activity type.

8. Contractor must request that CBOs work in conjunction with County to finalize a Program Activity Report (PAR), Exhibit E "PAR/Invoicing Reporting Document," which is attached and incorporated by reference. Once the PAR format is approved by the Contractor, the Contractor must submit it quarterly to the County by the fifteenth working day of the new month following the end of the quarter.

9. Contractor must request that CBOs work in conjunction with the Contractor and County to finalize a quarterly Program Narrative Report, Exhibit F "Program Narrative Report," which is attached and incorporated by reference. Once the Program Narrative Report format is finalized and approved by the Contractor, the Contractor must submit it quarterly to the County, by the fifteenth (15th) business day following the end of each quarter, for contents approval.

10. Contractor must complete and submit the quarterly reports and Invoice documentation with appropriate supporting documents, (service calendar(s) with times and locations of programs, subcontractor invoices, receipts and any in-kind matches), by the 15th business day after the end of the quarterly period.

B
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 317 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
9 11. The PARs and quarterly and biannual Program Narrative Reports must be submitted by email to the following address: [email protected].

12. Performance Targets, Metrics & Improvement Objectives:

Performance Standard Data Contractor Provides
Annually serve 75-200
at-risk to high-risk and
gang impacted youth,
ages 10-24.

Number of youths served, including demographic information such as age, race/ethnicity, gender, and geographic region.

Number of youths enrolled in programs to include prosocial, classes, group, trainings, and/or YTDP. Data should be provided by program type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

Number of youths who complete programs and Individual Service Plans or Agreements. Data should be provided by program type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

Number of youth and adult volunteers who attended and supported each Circle Conducted.

Performance Standard Data Contractor Provides
Annually serve 65-150
parents, community
members and
educators who reside
and/or teach in
identified at-risk to
high-risk
neighborhoods.

Number of parents, community members, educators and local government staff served, including demographic information such as age, race/ethnicity, gender, and geographic region through a program, workshop, Circle or training to help build their capacity in restorative, culturally responsive and healing-informed / trauma- informed frameworks.

Number of parents, community members, and educators enrolled in programs or a training within restorative, culturally-responsive, healing-informed / trauma-informed frameworks. Data should be provided by program or training type.

This includes demographic information such as age, race/ethnicity, gender, and geographic region.

List of trainings offered per year.

B
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 318 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
10 Attachment C
Performance Standards
C. Performance Standards

1. Prior to beginning services, all Contractor and subcontractor CBO personnel working directly with clients must obtain, at Contractor’s or their own expense, a Department of Justice background clearance (Live Scan). If the results of the background check are unfavorable, the County will notify Contractor to arrange for replacement personnel. If replacement personnel cannot be found, County will terminate the Agreement. Contractor will need to complete the following steps to obtain a background clearance:
a. Contact the County Live Scan liaison at (408) 468-1633 to obtain a background clearance application.
b. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan appointment. The office of the Sheriff can be contacted by phone: (800) 211-2220 or via their website http://www.sccgov.org/portal/site/sheriff . c. County will contact Contractor once the results of the background clearance have been received.
d. Contractor is required to notify the DAO’s liaison when the employment or licensing relationship of any individual whose name was submitted for Live Scan background clearance has concluded.
i. Contractor must provide the DAO with a list of employees who will be performing services for the Contractor and include the following information by July 30th of each new Fiscal Year:
 Employee’s name;
 The employee’s position/title and role within the program; and  The Probation program/service and contract purchase order number that the employee is working under.

If Contractor’s personnel has already obtained a Live Scan background clearance, Contractor shall provide supporting documentation to DAO by email to the following address: [email protected].

2. Privacy – Contractor must comply with all state and federal laws regarding the privacy of medical information, including but not limited to the following:
a. The Health Insurance Portability and Accountability Act, 45 C.F.R parts 160, 162 and 164
(“HIPAA”);
b. The Health Information Technology for Economic and Clinical Health Act (“HITECH”
Act), Pub. L. 111-5, Div. A, Title XIII, § 130001 et seq., Div. B, Title IV, § 4001 et seq., Feb. 17, 2009, 123 Stat. 226, 467, 42 U.S.C.A. § 300ii, et seq., and 4U.S.C.A. § 17901, et seq.;
c. California Welfare and Institutions Code section 5328 et seq.; and C
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 319 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
11 d. California Evidence Code section 1010 et seq.

3. Contractor will perform the agreed services in a competent and expedient manner and must immediately inform the County should problems arise that prohibit the Contractor from performing the services in such a manner.

4. Contractor shall maintain written documentation, project information, and records relevant to the services provided. Contractor must make this information available for review by County upon reasonable notice.

5. Cultural Diversity, Inclusion, and Cultural Diversity:

Services must be provided in a culturally responsible manner to the entire target population, demonstrating fair and equitable practices for participants of diverse identities including gender, age, religion, race ethnicity, sexual orientation, gender identity, and disability.

Contractor, and its selected CBOs, shall maintain and promote programs that provides the highest quality of services to clients regardless of actual or perceived sexual orientation, gender identity, or gender expression.

6. Contractor, and its CBOs, agrees to provide language/translation services for clients and/or their families who may have Limited English Proficiency (LEP) skills.

Contractor further agrees to inform LEP individuals of their eligibility for benefits, programs, and services in a language they understand. Contractor, and its CBOs, must not only translate outreach materials, but must also explain how LEP individuals may access available language assistance services. Methods Contractor, and its CBOs, can use to inform LEP individuals about language assistance services may include translating outreach materials into other languages, updating non-English content in key languages on the main page of its program's website, and providing public service messages in non-English media describing its programs. Additional methods of providing notice include the use of forms, brochures, and/or language access posters placed in conspicuous locations describing in multiple languages the availability of language assistance services, the use of “I Speak” language identification cards, and by including instructions in non-English languages on telephone menus. Sample of the "I Speak" card is available at this website and Contractor may create their own version.
https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH- DIR108Attach1.pdf

C
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 320 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
12 7. County will evaluate and document the Contractor’s performance in accordance with County policy. Contractor evaluation may consist of, but not be limited to, the following evaluation forms:
a. Contractor Performance Evaluation report;
b. On-site review; and/or
c. Contractor self-evaluation.

8. Contractor will adhere to the Risk, Need, and Responsivity (RNR) model and an evidence-based practice (EBP), which must be mutually agreed upon by DAO and contractor. EBP must address SCYTF services. Contractor will ensure the integrity of the model is maintained throughout the process of providing services to clients.

C
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 321 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Attachment ___
13 Attachment D
Payment Schedule

1. The maximum compensation paid to Contractor under this Agreement must not exceed two-hundred and forty-four thousand dollars ($244,000) for the length of this agreement, a 12 month cycle: July 1, 2022 to June 30, 2023.

2. Contractor will be compensated for services rendered and/or expenses incurred in accordance with Exhibit D-2, “Budget” hereto attached and incorporated by this reference.

DAO and Contractor may, as needed and upon mutual agreement in writing, modify budget line-item maximums and/or billable rates noted in Attachment D-2, “Budget” to reflect the service delivery needs of the SCYTF without exceeding the maximum financial obligation of this agreement.

3. Contractor will submit invoices at the end of each quarter, invoices will include the Contractor's name and address; invoice number; contract number; date and description of services; total invoice amount; year-to-date expenditures and remaining contract balance.

The invoice covering services rendered in the final period of service in each applicable fiscal year this agreement is in effect (fourth quarter or the month of July, as appropriate) shall be submitted no later than July 1st (or next business day when July 1 falls outside of normal County business hours).

4. If the invoice and supporting documents are in proper form, appropriately payable under this Agreement, and have been reviewed and approved by the appropriate DAO, County shall make payment to Contractor in accordance with Section VI: Standard Provisions, Item U “Payment Term,” of this agreement. Payment is contingent upon Contractor providing the agreed upon services according to the scope of services, contract requirements, deliverables and performance standards detailed herein.

5. All records, books, reports, and documentation maintained by Contractor or the DAO, pursuant to this agreement, or related to Contractor activities and expenditures under this agreement shall be open for inspection and audit by Federal, State, and DAO officials or the officials of the DAO, or their agents, upon demand at reasonable times.

D
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 322 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Financial Contributing Agencies

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 $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 $244,000.00 $674,199.00 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 $537,228 $2,097,216 Matches: 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 $214,000 Total Hard Match $370,161 $455,441 $549,411 $573,998 $1,949,011 Total Joint Revenue and Hard Match $840,825 $1,022,907 $1,071,269 $1,111,226 $4,046,227

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 $0 $0
South County Youth Task Force
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 323 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Name of GRANTEE
Project Title:

Total Grant Award:
#1 #2 #3 #4 #5
Blank
Unduplicated
Participants per
Year
Average
Participant(s) per
Session
1 Client 1:1 Apppointment 11
2 Client T/C Contact 11
3 Client Drop In 11
4 Client Home Visit 11
5 Client Family Contact 11
6 MST/SST/IEP School Youth Advocacy
Meetings 11
7 Parent/ Guardian only Contacts 11
8 Referral In 11
9 Program Intake- Acceptance
10 Program Denial
11 Referral Linkage: Health 11
12 Referral Linkage: Mental Health
13 Referral Linkage: Education
14 Referral Linkage: Gang Interention
15 Collatoral/ Collaboration Work
16 Staff Development/ Training 11
17 Collatoral/ Collaboration Work 11
18 Pro-Social/ Service Learning/
Volunteer Hours Completed l 11
19 Case Conferencing 11
20 General Meetings/ Community
Meetings 11
21 Cultural Group Programs (Morgan
Hill, San Martin, & Gilroy )90 6
22 Restorative Justice Circles (Morgan
Hill, San Martin, & Gilroy )90 1
23 Case Management (Morgan Hill, San
Martin, & Gilroy )20 1
24 Crisis Response 11
25 Intervention 11
26 Community Outreach, Youth
Engagement Sessions (Summer)11
27 Outreach and Egagement Activities 11
28 Assessments Completed
29 30
31 Total

GRANTEE COMMUNITY
SOLUTIONS Date:

Title Date:

WITNESS THE EXECUTION HEREOF the day and year hereinabove written:

I certify that I have reviewed and hereby consent to all projected activities, schedules and site locations contained in this worksheet.

Projected
Total
Number of
Sessions
Average
Number of
Hours Per
Session
Program Activities
Projected Numbers of
Participants Served Per Activity
Location
City of Gilroy, SCYTF
Day(s)/Time of Activity
6 Month
Projected
Total Units
of Service
12 Month
Projected
Total Units
of Service
South County THRIVE PROJECT
$244,000
Implementation Schedule (includes the
projected numbers of sessions the activity will
be offered)
Total Cost Per UOS Units of Service Per
Eligible Service
Total Units of Service
#DIV/0!
#DIV/0!
ONE Cost Per UOS
8 Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 324 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 325 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 326 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 327 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 328 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 329 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

3/25/2022
SOUTH COUNTY THRIVES! GRANTEE:

Project Title:

Total Grant Award:

ES
Code
Pol Div
Code Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Average Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Total Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Average Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Total 1 Client 1:1 Apppointment

1.00 2 Client T/C Contact 0.25
3 Client Drop In 1.00
4 Client Home Visit 1.00
5 Client Family Contact 1.00
6 MST/SST/IEP School Youth
Advocacy Meetings 1.00
7 Parent/ Guardian only Contacts 1.00
8 Referral In 1.00
9 Program Intake- Acceptance 0.25
10 Program Denial 0.25
11 Referral Linkage: Health 1.00
12 Referral Linkage: Mental Health 1.00
13 Referral Linkage: Education 1.00
14 Referral Linkage: Gang
Interention 1.00
15 Collatoral/ Collaboration Work 2.00
16 Staff Development/ Training 1.00
17 Collatoral/ Collaboration Work 1.00
18 Pro-Social/ Service Learning/
Volunteer Hours Completed 2.00
19 Case Conferencing 1.00
20 General Meetings/ Community
Meetings 1.00
21 Cultural Group Programs
(Morgan Hill, San Martin, &
Gilroy )

2.00 22
Restorative Justice Circles
(Morgan Hill, San Martin, &
Gilroy )

1.00 23 Case Management (Morgan Hill,
San Martin, & Gilroy )1.00
24 Crisis Response 1.00
25 Intervention 1.00
26 Community Outreach, Youth
Engagement Sessions (Summer)2.00
27 Outreach and Engagement
Activities 2.00
28 Assessments Completed 1.00
29 1.00
30 1.00
Total
Grant
6th
Quarter
7th
Quarter
8th
Quarter
9th
Quarter
Annual
Total
Total
Match
6th
Quarter
7th
Quarter
8th
Quarter
9th
Quarter
Annual
Total

N/A N/A N/A
Summary of SCYTF Inputs
Activity
Total Average
Session
Participants
Summary of SCYTF Inputs
Actual Total Units
of Service
Projected Total
Units of Service (12
mos.)
Projected Total
Units of Service
(First 6 mos.)
Program Activities
Inputs
Activities & Eligible Codes Total Number of Sessions
Projected Number
Served
(Unduplicated)
Actual Number
Served
(Unduplicated)
City of Gilroy
South County THRIVE PROJECT
244,000.00$
Actual to
Projected
Effort
Units of ServiceAverage Number of Participants
per Session
Average Number of Hours per
Session

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 330 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 331 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 332 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

GENDER: ETHNICITY CODES: TYPE: School Affiliation:

Referral In to
Program:
1 - Male 1 - Asian 6 - Latinx 1. Youth E: Elementary 1 - GPD Agreement 2 - Female 2 - Black 7 - Native American 2. Parent M: Middle School 2 - MHPD P Non-
Binary 3 - Cambodian 8 - Pacific Islandender
Community
Member H: High School 3 - SCCSO S 1= Ltr
4 - Other 4 - White 9 - Vietnamese 4. Educator V 2 = Res 5 - Filipino 10 - Other/ N/A

5. Law
Enforcemen
t
SH 3=other
C
G
M
O
Line
Number First Name Last Name Type Birth Month Birth Day Birth Year Age Participant ID Code Gender Ethnicity Zip Code School
Affiliation
School
Name
Referral
Source
Month of
Entry
Day of
Entry
Year of
Entry
Month of
Entry
Day of
Entry
Year of
Entry
Enter
Code
Enter
Code
Enter
Code
Enter
Code
Other
Agreement
(aside from referral)
0-1 Mon 1-2 Mon 2-3 Mon 4 mon+At-Risk High-
Risk Impacted Intentional
Disconnected
with School?
Ever Been
Arrested?In Job Training Has a job
Low School
Attendance
Part of a
Program
Month of
Exit
Day of
Exit
Year of
Exit
Connected
with School?
Arrested
while in
Program?
In Job Training Has a job
Better School
Attendance
Completed
Program/
Training
Completed
Agreement
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 Date Referral Recevied
by CBO
Participant I.D. Information Complete all cells that are in yellow.

Date Referral Recevied
by DCP
Codes of Referred Programs As
Part of RJ Agreement
Program Stages
of Attendance
1 = Yes Regularly
2 = Somewhat
3=Inconsistent
4= Not At All
Status Report #1- Program Entry
Date of Exit from Program
(or 4th Quarter)
Status Report #2 - Program Exit or End of 4th Quarter Outcomes :Gym/Prosocial
:Street Intervention
: Other
:School 2 = No 2 = No 2 = No
:CBO 3 = Does Not Apply 3 = Does Not Apply
: Group
: Mental Health
Youth On Entry: Youth On Entry:Youth On Exit::Voluteer Hours 1 = Yes 1 = Yes 1 = Yes Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 333 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 22 Monthly Narrative Report

Name: Agency:: City of Gilroy
Program:South County Youth Task Force-THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement)
Phone: E-Mail:

Send Narrative form to:
7/1/22 – 9/30/22 10/1/22 – 12/31/22 1/1/23-3/30/23 4/1/23-6/30/23 Narratives are due the 15th business day of the following quarterly

1. Challenges, Discrepancies and Corrective Actions: Explain any challenges, discrepancies between anticipated and actual services delivered for the month. State what happened, why it happened, what you are doing to correct the situation and how the program and community has been impacted.

Activity Discrepancies and Corrective Actions

1. Client 1:1 Appointment

2. Client T/C Contact

3. Client Drop In

4. Client Home Visit

5. Client-Family Contact

6. MST/SST/IEP or other Youth Advocacy Meetings

7. Parent only Contacts

8. Referral In

9. Program Intake- Acceptance

10. Program Denial

11. Referral Linkage: Health

12. Referral Linkage: Mental Health

13. Referral Linkage: Education

14. Referral Linkage: Gang Intervention

15. Collateral/ Collaboration Work

16. Staff Development/ Training

17. Collateral/ Collaboration Work

18. Pro-Social/ Service Learning/ Volunteer Hours Completed

19. Case Conferencing

20. General Meetings/ Community Meetings

21. Cultural Group Programs (Morgan Hill, San Martin, & Gilroy )

22. Restorative Justice Circles (Morgan Hill, San Martin, & Gilroy )

23. Case Management (Morgan Hill, San Martin, & Gilroy )

24. Crisis Response

25. Intervention

26. Community Outreach, Youth Engagement Sessions (Summer)

27. Outreach and Engagement Activities

28. Assessments Completed
Exhibit F Program Narrative Report
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 334 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 22 Monthly Narrative Report

2. Program Highlights and Accomplishments: Discuss activities that are going particularly well and why.

3. Updates: Provide any updates regarding changes in staffing, scheduling, space, etc.

4. Collaborative Activities (collaboratives only): Discuss activities and developments among partner agencies.

5. In relation to the overall budget, are grant funds being expended as planned and on schedule? Yes No
If no, explain why and describe the plan to correct it.

6. Are all funded positions filled (includes the lead agency and any contracted agencies)? Yes No
If no, which grant-funded positions are unfilled, why, and what is the timeline to fill them?

7. What quality assurance methods are in place to ensure all programs/services are delivered as intended and with fidelity to the approaches described in your original proposal?

8. If applicable, describe any funded trainings that occurred during the reporting period. Include the date(s), number of attendees and list of participating agencies.

9. Additional comments: Provide comments or feedback to District Attorney’s Department staff.

Exhibit F Program Narrative Report
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 335 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

EXHIBIT B-2 (revised)
Rev. 9/2016 1

INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100,000
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 336 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

EXHIBIT B-2 (revised)
Rev. 9/2016 2
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 337 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

EXHIBIT B-2 (revised)
Rev. 9/2016 3
additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 338 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

EXHIBIT B-2 (revised)
Rev. 9/2016 4

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13

7.3.b
Packet Pg. 339 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

SECTION I: GENERAL INFORMATION
Contractor Name:
(As Displayed in SAP)
Purchase Order Number:

Agency/Department Name:Department
Number:

Brief Description of Services
Maximum Financial Obligation
The maximum amount payable to this Contractor
under this agreement shall not exceed:

Term of Agreement
Start Date: End Date:

Note: When left blank, start date will be the date executed by Authorized County Representative.

For County Use Only
Account
Assignment
Plant
Number
General
Ledger
(Expense
Code)
Cost
Center
(Dept.

Code)
Amount WBS
(Capital Project Code)
Internal
Order
(“PCA” code
–optional)
Line 1
Line 2
Line 3
Line 4
Line 5
Revision Date –
H
H
Select
Select
Select
3&2


3&2















4400008316

7.3.c
Packet Pg. 340 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.

Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3) daysafterdepositinthemail. Eitherpartymaydesignate a differentpersonand/oraddressforthereceipt of notices by sending written notice to the other party, which shall not require an amendment to this Agreement.

CONTRACTOR
Contractor Name:
(As Displayed in SAP)
Contact Person:

Street Address*:

City*: State: Zip:

Telephone Number*:

Email Address*:

SCC Vendor Number:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS

COUNTY OF SANTA CLARA
Agency/Department:

Program Manager/Contract
Monitor Name:

Street Address:

City: State: Zip:

Telephone Number:

Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:

Revision Date –















7.3.c
Packet Pg. 341 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT
Revision Date – Page 3 of 14
SECTION III: CONTRACT AUTHORIZATION
It is agreed between County and Contractor that Contractor will, for the compensation described in this Agreement, perform the work described in Section V in accordance with all terms and conditions of this Agreement including all exhibits and attachments. In addition, County and Contractor assert that the tax withholding status and benefit documentation (Section IV) accurately reflect the anticipated working relationship between County and Contractor. Further, Independent Contractors shall comply with the County’s insurance and indemnification requirements. Contractor certifies that any applicable insurance waiver information (Section VII, B) is true and correct. This Agreement may be executed in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.

SIGNATURES
Contract is not valid until signed by Contractor, County Counsel and County’s Authorized Representative.

County Agency/Department
Manager:Date:

County Agency/Department
Fiscal Officer:Date:

County Counsel Approval as to
Form and Legality Date:
(Signature required on all contracts before execution by Contractor and County Authorized l Representative)
Contractor: Date:

County Authorized
Representative: Date:
(Procurement Department; President, Board of Supervisors; or Delegated Authority)(( Office of the County Executive:

Date:
(Signature required when Board approved contract by a delegation of authority(()yy Signed and certified that a copy of this
document has been delivered by
electronic or other means to the
President, Board of Supervisors.

Attest:

Clerk of the Board of Supervisors
(Signature required when Board approved contract)
Date:

Chanthavy Sivongxay, Senior Strategic Sourcing Officer


















7.3.c
Packet Pg. 342 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

SECTION IV: DETERMINATION OF RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor’s eligibility for Medicare and Social Security, Public Employees’ Retirement System benefits, and other benefits and affects how the contractor files tax returns and the contractor’s responsibility for various federal and state taxes.

Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or leave work, or when to take breaks? Do you have other employees performing similar work with a similar degree of supervision? If the answer to any of these questions is YES, select YES from the dropdown.

Training: Will the County instruct the contractor on how to do the job or pay for external training? Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held either financially or legally liable for unfinished work? Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and tools to do the job, i.e. computers, telephones, etc.?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or functions— answer YES. When the contractor is hired to complete a specific project that was not the regular tasks performed by County employees before— answer NO.

Other Customers: Does the County prevent the Contractor from performing similar services for other customers, either due to the amount of work (full-time), or by contractual provision? Designation as Business Entity: If the Contractor has a business license or business certificate, or is a corporation, nonprofit organization, or school district, select “No” from the dropdown. (This does not pertain to professional licenses or certificates such as a license for a physician or architect.) Enter below the business license number and the city/entity where issued.

Bus. License #: Issued by:

Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If payment is by commission or based on project milestones or deliverables, answer “NO” to this question. Be sure this answer matches the contract payment schedule in Section V.

Support Services: Will County employees or other independent contractors provide assistance to this Contractor? Assistance is defined as clerical, technical or professional support.

If at least 5 of the above questions were answered “NO”, Contractor is an Independent Contractor.

If 5 or more of the above questions were answered “YES”, Contractor is a Dependent Contractor, where the relationship resembles that of employer/employee. Tax withholding is required, and benefits are provided. Complete and attach the following forms: Employee’s Withholding Allowance Certificate—Federal Form W-4, State Withholding, Form DE-4, Determining PERS Eligibility and PERS Member Action Request. Visit www.ceo for more information regarding Dependent Contractors.

County insurance requirements do not apply to Dependent Contractors.

Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the contractor’s tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.

Contractor’s Initials: Dept. Fiscal Officer’s
Signature:

Revision Date –
No
No
No
No
No
No
No
No
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
No
No















7.3.c
Packet Pg. 343 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPE OF SERVICE) Or See Attachment: incorporated by this reference.

B. DELIVERABLES, MILESTONES & TIMELINE FOR PERFORMANCE
Or See Attachment: Incorporated by this reference.

Revision Date –















7.3.c
Packet Pg. 344 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

C. PERFORMANCE STANDARDS
Or See Attachment: Incorporated by this reference.

D. PAYMENT SCHEDULE
Note: Dependent contractors are not permitted to work in excess of 40 hours per week
Is contractor a Community Based Organization (CBO)?
Yes
No
Or See Attachment: Incorporated by this reference.

Revision Date –















7.3.c
Packet Pg. 345 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.

C. CONFLICTS OF INTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County.

In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. Contractor, including but not limited to contractor’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Contractor shall, upon execution of this Agreement, provide the County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor’s employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision” or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Contractor’s service to the County under this Agreement. Contractor shall immediately notify the County of the names and email addresses of any additional individuals later assigned to provide such service to the County under this Agreement in such a capacity. Contractor shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to the County.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations, including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

D. GOVERNING LAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.

E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

Revision Date –















7.3.c
Packet Pg. 346 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

G. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated.

H. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY, AND WAGE THEFT

PREVENTION
(1)Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (2)Compliance with Non-Discrimination and Equal Opportunity Laws: Contractor shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (3)Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. (4)Definitions: For purposes of this Subsection H, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.
(5)Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, Contractor affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Contractor violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.

Revision Date –















7.3.c
Packet Pg. 347 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

(6)Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, Contractor receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then Contractor shall promptly satisfy and comply with any such Final Judgment.

Contractor shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. Contractor shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
(7)Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to Contractor’s records, Contractor shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.

Upon the County’s request, Contractor shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Subsection H, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during Contractor’s normal business hours upon no less than 10 business days’ advance notice.
(8)Pay Equity Notification: Contractor shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to Contractor for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Contractor’s Employees and Job Applicants. (9)Material Breach: Failure to comply with any part of this Subsection H shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:
(i)Suspend or terminate any or all parts of this Agreement. (ii)Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.
(iii)Offer Contractor an opportunity to cure the breach. (10)Subcontractors: Contractor shall impose all of the requirements set forth in this Subsection H on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience of the County. The notice shall specify the effective date and the scope of the termination. In the event of termination, Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete.

Contractor may retain a copy for its records. Upon receipt of the documents, Contractor shall be compensated based on the completion of services provided, as solely and reasonably determined by County. -OR-
Alternate Termination Language Attached as Exhibit ______________, incorporated by this reference. (Requires County Counsel Approval)
J. BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered by this Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this Agreement indicating the reduced amount.

Revision Date –















7.3.c
Packet Pg. 348 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

K. COUNTY NO-SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.

L. FOOD AND BEVERAGES STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by Contractor with County funds for County-sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider providing a vegan option.

If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar-sweetened beverages shall not be provided.

M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

N. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Contractor’s proprietary information is contained in documents or information submitted to County, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure.

If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the County is required to respond to the CPRA request, County may disclose the requested information.

Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the Contractor.

Revision Date –















7.3.c
Packet Pg. 349 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

O. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

P. INTELLECTUAL PROPERTY RIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement, the term “Deliverables” shall mean any documentation and deliverables created by Contractor during the performance of services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title and interest in and to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Contractor, either alone or jointly with others, during the period of Contractor’s agreement with the County or result from the use of premises leased, owned or contracted for by the County.

Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by Contractor, either solely or jointly with others, in connection with any agreement with the County.

Q. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the effective date of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables and/or services provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable attorney’s fees) by a third party alleging the Deliverables and/or services provided pursuant to this Agreement infringe upon any intellectual property rights of third parties. This indemnity and duty to defend is in addition to and does not supersede the requirements stated in VII of this agreement.

R. OWNERSHIP RIGHTS TO MATERIALS/RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder, including but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative works, patent, copyright, trademark, trade secret or other proprietary rights associated therewith (collectively “Deliverables”), shall be the sole and exclusive property of the County. To the extent Contractor owns or claims ownership rights to said Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to the Deliverables to the County pursuant to the terms and conditions of this Agreement and at no additional cost. The County has the exclusive royalty-free irrevocable right to duplicate, publish or otherwise use for any purpose, all materials prepared under this Agreement. If Contractor wishes to use the materials prepared hereunder for any purpose including but not limited to promotional, educational or commercial purposes, the Contractor shall obtain prior written authorization from the County, which consent may be withheld by the County in its sole discretion.

Contractor acknowledges that all original works of authorship which are made by Contractor (solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to County.

Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description created or developed by Contractor, solely or jointly with others, in connection with any agreement with the County. If requested to, and at no further expense to the County, Contractor will execute in writing any acknowledgments or assignments of copyright ownership of such copyrightable works as may be appropriate for preservation of the worldwide ownership in the County and its nominees of such copyrights. This section shall apply to the extent not otherwise provided under this agreement.

Revision Date –















7.3.c
Packet Pg. 350 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTYOFSANTACLARA

SERVICE AGREEMENT

S. COUNTY DATA
(1)Definitions: “County Data” shall mean data and information received by Contractor from County. County Data includes any information or data that is transported across a County network, or that resides in a County-owned information system, or on a network or system under the control and management of a contractor for use by County. “County Confidential Information” shall include all material, non-public information (including material, non-public County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or employees, or any of its affiliates or representatives. (2)Contractor shall not acquire any ownership interest in County Data (including County Confidential Information).

As between Contractor and County, all County Confidential Information and/or County Data shall remain the property of the County. Contractor shall not, without County’s written permission, use or disclose County Data (including County Confidential Information) other than in the performance of its obligations under this Agreement. (3)Contractor shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Agreement, Contractor shall seek and follow County’s direction regarding the proper disposition of County Data. (4)Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor’s security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge County for any expenses associated with Contractor’s compliance with these obligations. (5)Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County.

T. PAYMENT TERM [NOT APPLICABLE TO COMMUNITY BASED ORGANIZATIONS – Describe payment terms for CBO’s in Section V. (D) PAYMENT SCHEDULE]
The County’s standard payment term shall be Net Thirty (30), unless otherwise agreed to by the parties. Payment shall be due Net Thirty (30) days from the date of receipt and approval of correct and proper invoices. Payment is deemed to have been made on the date the County mails the warrant or initiates the electronic funds transfer.

U. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.















7.3.c
Packet Pg. 351 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTYOFSANTACLARA

SERVICE AGREEMENT

A. TYPE OF INSURANCE LANGUAGE
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County’s insurance and indemnification requirements as indicated below. These requirements do not apply to Dependent Contractors.

V. LIVINGWAGE (IFAPPLICABLE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion, take responsive actions including, but notlimited to, the following:
(a)Suspend, modify,orterminatetheDirectServicesContract. (b)Require the Contractor and/orSubcontractorto comply with an appropriate remediationplan developed bythe County.
(c)Waive all orpart of Division B36 or the Living WagePolicy.

This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and warrantsthat it will continue to comply with Division B36and the Living Wage Policy with respect to applicable contracts.

Thefollowing standardinsurance and indemnification language is attached andincorporated into this agreement:

Insurance Exhibit Name:

Modification orWaiverAttached(ifappropriate)
A















7.3.c
Packet Pg. 352 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

COUNTY OF SANTA CLARA

SERVICE AGREEMENT

B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION Workers Compensation:Does the contractor have employees? If “YES”, then, WORKER’S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.

Owned Auto Insurance:

Will the contractor use any owned autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If “YES”, then INSURANCE FOR OWNED AUTOS IS REQUIRED.

Hired Auto Insurance:

Will the contractor use any hired autos in the provision of direct services, such as transporting clients in autos or operating autos in performance of the work itself? If “YES”, then INSURANCE FOR HIRED AUTOS IS REQUIRED.

Non-owned Auto Insurance
Will the contractor be using any non-owned autos in the provision of direct services, such as transporting clients in non-owned autos or operating non-owned autos in performance of the work itself?
If “YES” then, INSURANCE FOR NON-OWNED AUTOS IS REQUIRED.

When “NO” is checked, this declaration will serve as a waiver for the specified type of insurance.

SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drug-free Workplace Activity, Health Insurance Portability and Accountability Act (HIPAA), Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that in Section VI.

Exhibit Name:

The Exhibits named above are attached and incorporated by this reference.

SECTION IX: ADDITIONAL ATTACHED EXHIBIT(S)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by County Counsel. Examples of attachments that require County Counsel approval are:
1) Contractor’s terms and conditions that are different than, or add to the standard provisions’ language, 2) Any changes to the language in Section VI—Standard Provisions.

Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section V, and insurance exhibits.

Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.

Revision Date –
Yes
No
No
No















7.3.c
Packet Pg. 353 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

1 Section V: Contract Specifics

A. Service Description and Expected Outcome (Scope of Service) This Agreement is between the County of Santa Clara (“County”) and the City of Gilroy (“Contractor”) (together, the “Parties” and each a “Party”). Contractor agrees to establish a partnership between the Probation Department (“Probation”) Neighborhood Safety/Services Unit (NSU) and the South County Youth Task Force (SCYTF), to support the youth and families who reside in East Gilroy. This Agreement establishes a commitment on behalf of both the County and Contractor to work collaboratively to increase community safety, to build community capacity and leadership amongst residents, to increase economic development opportunities in the community, and to foster a sense of community cohesion by providing additional pro-social opportunities for East Gilroy residents. The purpose of this Agreement is to explore, mobilize, engage, and build capacity of neighborhood leadership groups.

Contractor’s responsibilities shall include the following:

1. Support the core group of Gilroy resident advisory leaders who are integrated into the advisory structure of the South County Youth Task Force through the SCYTF Technical Team and subcommittee participation. Contractor shall ensure these resident advisors are provided the opportunity to participate in SCYTF meetings, advise on ways to improve programming, and assist in resident outreach for SCYTF sponsored events.

2. Support the resident leadership group in East Gilroy. This resident leadership group shall work towards identifying, prioritizing, and implementing at least two community action projects per year, within the term of this Agreement. In an effort to avoid duplication of efforts, the community-based organization(s) and Contractor may choose to partner with other collaborative community initiatives, such as the Public Health Department’s “Safe and Peaceful San Ysidro Park” initiative.

3. Support efforts to prevent violence in communities and on school campuses where East Gilroy youth attend or recreate, such as the planning and implementation of restorative practices and restorative justice activities, leadership development, and promotor-based initiatives.

4. Support the implementation of the FIRST5 Community-Based Family Resource Center (FRC) at the San Ysidro Community Center, in collaboration with the San Ysidro Nueva Vida Resident group.

5. Support the NSU Community Champion Celebration.

6. Provide pro-social opportunities for youth and families who reside in East Gilroy (see Table 1 – Pro-Social Activities - FY2023 Deliverables). a. All programming for pro-social activities and/or opportunities must be developed collaboratively through the work of the San Ysidro residents and in collaboration with members of the South County Youth Task Force Technical Team. 














7.3.c
Packet Pg. 354 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

2 b. Contractor may provide incentives for clients to successfully participate in programming.

7. Attend and participate in the NSU Advisory Committee meetings and annual retreats.

8. Collaborate with the County to implement a series of resident leadership workshops.

9. Support leadership and economic development activities.

10. Coordinate any food or beverages provided at community events and classes, if necessary, funded through this Agreement.

11. Assist the County in the collection of resident-level data, including the implementation of surveys and evaluation instruments and/or questionnaires to measure community cohesion, perception of safety, and satisfaction with community events/gatherings.

12. Administer NSU Pre- and Post-workshop surveys and track unduplicated residents engaged in pro-social services.

B. Deliverables, Milestones, and Timeline for Performance

1. Contractor will maintain a written and electronic individualized file on each client, document client’s progress within assigned service/program and notify Probation Staff of client’s progress and/or problems encountered within assigned service/program, including by having clients complete Attachment B, “NSU Enrollment Form.”

2. Contractor must work with the County’s evaluation staff and consultants to collect data as required by the County:
a. Assist in supporting and implementing the goals of the County, including the outcome measures, as determined by the County’s evaluation consultants.

3. Contractor must provide County with a Quarterly Narrative Report which details the status of the contract components using a template provided by the County, Attachment C, “Quarterly Narrative Report.” Once the Quarterly Narrative Report format is approved by the County, Contractor must submit it quarterly to the County, for contents approval in accordance with the following schedule:

Quarter Report Period Due Date
1 July 1- September 30 October 15
2 October 1 – December 31 January 15
3 January 1-March 31 April 15
4 April 1 – June 30 July 1

4. Contractor must submit a Monthly Invoice and Expenditure and Performance Report (Attachment D, “Monthly Invoice and Expenditure and Performance Report”) to the 














7.3.c
Packet Pg. 355 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

3 County by the 15th calendar day of each month, with the exception of the June invoice which must be submitted by July 1st.

5. Contractor must provide County with a Monthly Activity Report (Attachment E, “Monthly Activity Report”), as provided by NSU, to ensure deliverables are on track. a. The Activity Report must be submitted with the monthly Invoice and Expenditure and Performance Report by the by the 15th calendar day of each month, with the exception of the June report which must be submitted by July 1st for invoice processing.

6. The monthly invoices, performance reports, activity reports, client surveys/lists and the Quarterly Narrative Reports must be submitted by email to the following addresses:

[email protected], [email protected], [email protected], [email protected], and [email protected].

7. Upon the County’s determination that the Contractor cannot perform services outlined in this Agreement in person due to unique/unanticipated circumstances (e.g., natural disaster or pandemic), the County may request in writing that the Contractor provide services remotely, including through means such as teleconferencing and videoconferencing that are secure and approved by the County.
a. If services are to be furnished remotely, the County shall preapprove in writing any teleconferencing or videoconferencing platform before the Contractor begins providing remote services.

8. Deliverables and milestones are subject to change, as mutually agreed upon by Contractor and County. The deliverables and milestones related to scope of service items are as follows:

Table 1 – Pro-Social Activities - FY2023 Deliverables
#Deliverable Description Support
Documentation
Required for
Reimbursement
Anticipated
Completion
Date
Frequency
1a Maintain a
resident
advisory group
focused in East
Gilroy.

The purpose of the resident advisory
group is to participate in SCYTF
Technical Team meetings, advise on
ways to improve programming,
assist in resident outreach for
SCYTF sponsored events, and
continue the foundational work of
the Safe and Peaceful San Ysidro
initiative, developed by the Public
Health Department. The
resident advisory group shall
maintain a definition of
Resident
advisory group
meeting sign in
sheets.

Ongoing

Monthly















7.3.c
Packet Pg. 356 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

4 membership, their vision, mission,
and goals.
1b Submit an
Annual
Community
Action Plan
Contractor shall assist the East
Gilroy resident leadership group in
establishing a Community Action
Plan. Specific goals and objectives
that are identified by East Gilroy
resident leaders, defined in this
action plan, shall be funded through
this Agreement. Contractor shall
ensure this action plan is in
alignment with the resident
leadership group established in East
Gilroy. NSU will provide SCYTF
with the Community Action Plan
template.

Community
Action Plan
October
2022
Annual
2a Maintain the
SCYTF East
Gilroy
Subcommittee,
which also
serves as the
NSU
Implementation
Team. This
subcommittee/
team shall meet
bi-monthly/a
minimum of six
times
throughout the
year.

The East Gilroy SCYTF
subcommittee/NSU Implementation
Team should consist of NSU staff,
SCYTF partners (at least 2 CBOs), 1
City of Gilroy staff, and 1 East
Gilroy resident.

Agenda,
meeting notes,
sign in sheet
Last
meeting to
be held by
June 2023

Bi-
Monthly
2b Develop and
submit the
SCYTF East
Gilroy
Technical Team
subcommittee/
NSU
Implementation
Team
Charter/Work
Plan
The purpose of this subcommittee
Charter/ Work Plan is to align the
work of the subcommittee members
with the community action goals of
the resident leadership group
established in East Gilroy.

East Gilroy
SCYTF
Technical Team
subcommittee/
NSU
Implementation
Team
Charter/Action
Plan
October
2022
(initial
Charter/
Work Plan)
Annual















7.3.c
Packet Pg. 357 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

5 2c Support
FIRST5 FRC
Support the development,
implementation, and maintenance of
a County-funded FIRST5 FRC at the
San Ysidro Community Center.

FIRST5
workplan,
collaborative
calendar
Ongoing Monthly
3a Provide pro-
social and/or
group classes
related to
educational,
health and
wellness, safety
and gang
prevention
related classes/
workshops/
presentations to
East Gilroy
residents
Group classes, workshops, and
presentations shall be located in East
Gilroy/San Ysidro Comm. Center.

A Gilroy resident shall be given
priority (over non-Gilroy resident,
private businesses) to teach a health
and/or educational class or
workshop. Incentives for residents to
teach workshops are allowable.

Resident led workshops or pro-
social activities should be planned
for and included in a monthly
calendar and distributed widely to
residents of East Gilroy. All
classes/workshops should be age
appropriate and designed to be open
to and benefit any resident who lives
in the East Gilroy Community. If
“Resident Leaders” are not available
to teach a particular class,
Contractor shall have the discretion
to subcontract with non-residents
teachers with written agreement
from the County.

Service Delivery Goal: 540
Unduplicated Participants p/year
Monthly Group
Classes
Enrollment sign
in sheets, and
Cost Summary
Report
Ongoing

Monthly
3b Support
individual pro-
social activities
for at-risk youth
identified by the
NSU Probation
Community
Worker
Collaborate with the NSU Probation
Community Worker (PCW) in
identifying and enrolling at-risk
youth attending schools serving East
Gilroy residents, in pro-social
activities. Priority will be given to
youth identified in Multi-System-
Meetings (MSTs) or related school
disciplinary meetings serving
Positive Behavior Intervention &
Supports (PBIS) tier 2 and tier 3
youth.

Pro-social activities for at-risk youth
shall be determined on an individual
NSU
Enrollment
Form
(Attachment B)
By June
2023
Monthly















7.3.c
Packet Pg. 358 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

6 basis, based on the needs and
interests of the youth participant.

Service Delivery Goal: 20
Unduplicated Youth
4a Provide a
Monthly
Community
Calendar
Develop and Submit Monthly
Community Event/Classes Calendar
by the 15th day of each month for the
upcoming month.

Community
Calendar
By May
2023
Monthly
4b Coordinate
monthly
Cafecito
community
meeting with a
core group of
resident leaders
(youth and/or
adults) of East
Gilroy
Contractor shall coordinate at least
one monthly Cafecito community
meeting with a core group of
resident leaders (youth and/or
adults) of East Gilroy.

Agenda,
meeting notes,
sign in sheet
By June
2023

Monthly
4c Participate in
the Joint Use
Agreement
Leadership
Team between
County and
City of Gilroy
for use of the
San Ysidro
Community
Center
Participate as a member of the Joint
Use Agreement Leadership Team
between the County and the City of
Gilroy to ensure access to the San
Ysidro Community Center should
funding be made available for a
FIRST5 FRC.

Joint
Use/Facility
Use Agreement
TBD
4d Restorative
Justice,
Leadership
Development
and/or
Promotora-
Based
initiatives
Support the training and
implementation of restorative
justice/restorative practices in
schools and other settings that
support East Gilroy residents by
maintaining a network of
Restorative Justice Practitioners.

Support the implementation of a
leadership development and/or
Promotora initiative that aims to
increase resident’s leadership
capacity and economic development
opportunities in East Gilroy.

Comprehensive
Restorative
Justice Practices
Program
Proposal and/or
Leadership
Development/
Promotor
Initiative
Proposal
October
2022
Quarterly
4e Increase food
security
Partner with Second Harvest Food
Bank to implement monthly food
Partnership
Agreement,
Ongoing Monthly















7.3.c
Packet Pg. 359 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

7 distribution program at San Ysidro
Park, assist the San Ysidro Nueva
Vida in developing partnership
agreement, logistic coordination,
and day of distribution activities.

Food
Distribution
Report of
Monthly
Activity Report
4f Support
resident-led
emergency
response efforts
Support resident leaders with
emergency response efforts
including, but not limited to,
COVID-19 response testing and
vaccines; diaper and formula
distributions; and emergency supply
distributions.

Flyers,
Emergency
Response
Report tab of
Monthly
Activity Report
Ongoing Monthly
4g Support
National Night
Out and Other
Community-
wide Events
Provide support and logistic
planning for community-wide events
that include, but are not limited to,
National Night Out and Party in the
Park.

Event Plan Varies Varies
4h Support NSU
Community
Champion
Award
Ceremony
and/or Annual
Community
Leaders Retreat
The Community Champion
ceremony or leadership retreat will
be hosted every other year.

NSU
Community
Champion
Celebration
Community
Champion
Celebration
Plan:

FY2023
The NSU
Communit
y
Champion
Celebratio
n will be
held in
FY2023
C. Performance Standards

1. Performance Metrics
a. The Contractor shall report on the following performance metrics on a quarterly basis:

Performance Monthly
Target
Annual
Target
(a) # of UNDUPLICATED ADULT Residents Enrolled into Pro- Social Activities
25 300
(a1) # of UNDUPLICATED YOUTH Residents Enrolled into Pro- Social Activities
15 180
(a2) # of DUPLICATED Youth and Adult Residents Enrolled into Pro-Social Activities
75 900
(a3) # of DUPLICATED Individuals attending Monthly San Ysidro Nueva Vida Cafecito Meetings
10 130
(a4) # of San Ysidro Nueva Vida Cafecito Meetings 1 11
(b) # of DUPLICATE attendees at San Ysidro Events (50+ people) 265 2,000 (b1) # of Community Events/Gatherings (50+ people)3 13
(c) # of S.P.A.R.K. Youth Participants (Unduplicated) 5 20 (d) # of Certified Promotores 4 13
(e) # of Families/Households served through Food Distributions 250 3,000 (f) # of Individuals served through Emergency Response Efforts 30 360 














7.3.c
Packet Pg. 360 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

8 2. Cultural Competency: Cultural Diversity and Inclusion Services must be provided in a culturally responsible manner to the entire target population, demonstrating fair and equitable practices for participants of diverse identities including gender, age, religion, race, ethnicity, sexual orientation, gender identity, and disability.

It is the policy of Probation to maintain and promote an organization that provides highest quality of services to clients regardless of actual or perceived sexual orientation, gender identity, or gender expression.

Lesbian, Gay, Bisexual and Transgender (LGBT) clients under the supervision of Probation shall receive fair and equitable treatment, without fear of negative bias or discrimination and in a professional and confidential manner based on principles of sound professional practice.

3. Contractor agrees to provide language/translation services for clients and/or their families who may have Limited English Proficiency (LEP) skills. Contractor must take reasonable steps to ensure that LEP individuals have “meaningful access” to their activities and program activities. An agency provides meaningful access to its programs when the language assistance provided is accurate, timely, and effective and is at no cost to the LEP individual. Each agency’s approach to overcoming language barriers will differ based on the population they serve, the type of service they provide and the resources they have access to. Contractor further agrees to inform LEP individuals of their eligibility for benefits, programs, and services in a language they understand. Contractor agrees to assess all points of contact, telephone, in-person, mail, and electronic communication its staff has with Probation’s LEP clients to determine the best method of providing notice of language assistance services. Contractor must not only translate outreach materials, but must also explain how LEP individuals may access available language assistance services. Methods Contractor can use to inform LEP individuals about language assistance services may include translating outreach materials into other languages, updating non-English content in key languages on the main page of its program's website, and providing public service messages in non-English media describing its programs. Additional methods of providing notice include the use of forms, brochures, and/or language access posters placed in conspicuous locations describing in multiple languages the availability of language assistance services, the use of “I Speak” language identification cards, and by including instructions in non-English languages on telephone menus. A sample of the “I Speak” card is available at the following website and Contractor may create their own version:
http://www.justice.gov/crt/lep/resources/OhioLangIDcard.pdf . Contractor must consider using the following assessment to understand and plan for language access service needs:
https://www.lep.gov/resources/2011_Language_Access_Assessment_and_Planning_Tool .pdf.

4. Contractor must work with the County’s Evaluation staff and consultants to collect data as required by the County. Data collection and outcome measures may be substituted or added based on approval by the Program Manager and County’s Evaluation staff, as 














7.3.c
Packet Pg. 361 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

9 appropriate. Contractor must assist in supporting and implementing the goals of the County and State including the outcome measures, as determined by the County’s evaluation staff. County will evaluate and document Contractor’s performance in accordance with County policy. Contractor evaluation may consist of, but not be limited to, the following evaluation forms:
a. Client service list;
b. Outcome measures;
c. Contractor Performance Evaluation report;
d. On-site observation; and/or
e. Self and/or client-evaluations.

5. Contractor shall perform the agreed-upon services in a competent and expedient manner and must immediately inform the County should problems arise that prohibit Contractor from performing the services in such a manner.

6. Contractor shall maintain written documentation, project information, and records relevant to the services provided and must make this information available for review by the County within three business days of any County request to review.

7. Contractor must report all major and/or media-sensitive incidents to the Probation contract monitor. Major or sensitive incidents include but are not limited to: serious injury or death related to the services provided under the contract; serious injury or death of any person in the Contractor’s care; serious injury or death of any person on property owned, leased, or operated by the Contractor, including but not limited to facilities, parks, sidewalks, roads, and parks; serious damage to the property of another related to the services provided by the Contractor under this Agreement; criminal conduct involving Contractor personnel; any event that has a significant possibility of resulting in a claim or lawsuit against the County; any event that has a significant possibility of resulting in a claim or lawsuit against the Contractor that is related to this Agreement; and any event that has a possibility of receiving public or media attention.

The Contractor shall report any such incidents as soon as possible but no later than twenty-four (24) hours from when the incident occurred. The Contractor must include the following information in all incident reports: name and contact information of the submitting individual; name and email address of the best contact for immediate access to a Contractor staff member who can answer questions regarding the incident; an indication of whether press coverage is likely; an incident description including date, time, and location of the incident; the names and job titles of Contractor personnel involved in the incident; and a description of any action taken in response to the incident.

8. Program Improvement Plan
If the County identifies deficiencies in Section B, “Deliverables, Milestones and Timeline for Performance” and/or Section C, “Performance Standards,” the Contractor must complete a program improvement plan (PIP) in which the Parties will identify program improvement goals and specify deadlines by which the Contractor will meet the program improvement goals. The County and Contractor will jointly complete the PIP. The 














7.3.c
Packet Pg. 362 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

10 Contractor must submit the jointly developed PIP for County approval within 30 days. If the Contractor does not meet the agreed-upon goals within 60 days following the date the PIP is accepted by the County or the Contractor fails to submit a PIP that is approved by the County within 30 days of the initial request, the County may elect to terminate or amend this Agreement. Attachment F is a sample PIP that is incorporated herein by reference.

D. Payment Schedule

1. The compensation paid to Contractor under this Agreement must not exceed $172,550 in Fiscal Year (FY) 2023.

2. Probation shall not pay for any airfare, mileage expenses, lodging and meal expenses borne by Contractor.

3. Fringe Benefits – Total fringe benefits under this Agreement must not exceed 10%.

4. Contractor will be compensated for services rendered and/or expenses incurred in accordance with Attachment G, “Budget and Rates of Pay,” hereto attached and incorporated by this reference.
a. Budget Modification Process (if applicable): County and Contractor may reallocate money between line items of the approved budget noted in Attachment G, “Budget and Rates of Pay,” to reflect the service delivery needs of Probation. The budget may be adjusted if Contractor submits a written budget modification request to the County, and the County approves of the request in writing. To be approved, a budget adjustment cannot exceed the maximum financial obligation (MFO) of this Agreement. Requests to modify the approved budget line items must be submitted and approved through the Probation budget modification process before Contractor can move forward with implementing any budget adjustments. b. Any other modifications to the approved budget, including, but not limited to, adjustments to the MFO of this Agreement, pricing, rates, fees, and number of service units, will requires a formal Amendment to the Agreement.

5. Contractor will submit invoices on a quarterly basis. Invoices will include the Contractor’s name and address; invoice number; contract number; date and description of services; total invoice amount; year-to-date expenditures and remaining contract balance (refer to Attachment H, “Quarterly Invoice”).
a. The invoice covering services rendered in the final period of service in each applicable FY this Agreement is in effect (fourth quarter or the month of June, as appropriate) (“final invoice”) shall be submitted no later than July 1st (or next business day when July 1st falls outside of normal County business hours). b. Contractor is unable to submit its final invoice with actual costs to Probation by July 1st, then Contractor must submit an invoice estimate covering estimated expenses for services rendered in the final period of service by July 1st. The amount of the invoice estimate for the final period must not exceed the remaining contract balance of the FY. Upon submitting a final invoice estimate, Contractor will still be required to 














7.3.c
Packet Pg. 363 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

11 submit the final invoice with actual costs to Probation by no later than July 15th of each FY.

3. If the invoice and supporting documents are in proper form, appropriately payable under this Agreement, and have been reviewed and approved by the appropriate Probation Manager/Program Monitor, County shall make payment to Contractor in accordance with “Section VI: Standard Provisions,” Item T, “Payment Term,” of this Agreement. a. Payment is contingent upon Contractor providing the agreed-upon services according to the scope of services, contract requirements, deliverables and performance standards detailed herein.
b. County will reimburse Contractor for its actual, reasonable, necessary, and allowable costs incurred up to the maximum amount of compensation under this Agreement, for the performance of services as specified in this Agreement during the term of the Agreement.
c. Prior to submittal, cost-reimbursement claims must be certified and signed by a responsible officer of Contractor with authority to certify that the information submitted by Contractor is accurate and Contractor is entitled to payment under the terms of the Agreement. County may rely on said certification in making payment, but this payment will not constitute a waiver of any of County’s legal rights or objections.
d. County will not be required to make payment if the amount claimed is not in accordance with this Agreement. All payments under this Agreement will be made directly to Contractor as a corporate entity. Under no circumstances will County be required to make payments in any amount pursuant to this Agreement to any other parties, including individual employees or creditors of Contractor. e. County is not obligated to reimburse Contractor for any expenditure not reported to County within 60 calendar days after the end of the last month of the Agreement term.

4. If Contractor provides any tasks, deliverable, goods, services, or other work, other than as specified in this Agreement, the same will be deemed to be a gratuitous effort on the part of the Contractor, and the Contractor will have no claim whatsoever against County.

E. Other County Provisions

1. Background Clearance – Live Scan
a. Prior to beginning services, all Contractor personnel involved in providing services to Probation clients under this Agreement must obtain, at Contractor’s pr their own expense, a Department of Justice (DOJ) and a Federal Bureau of Investigation (FBI) background clearance (Live Scan). When Contractor personnel submits to the Live Scan procedure, Probation receives an initial report of arrests or convictions from the DOJ and FBI and ongoing reports from the DOJ and FBI of any subsequent arrests or convictions. If Probation determines the results of the background clearance are unfavorable at any time during the term of this Agreement, the County will notify Contractor of the unfavorable determination and require Contractor to arrange for replacement personnel. For any Contractor staff member who will have unescorted 














7.3.c
Packet Pg. 364 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23

12 access to a Probation facility in which criminal justice data is stored such as Probation’s Juvenile Hall, William F. James Ranch, Juvenile Probation Department, or Adult Probation, Probation will additionally require a signed California Law Enforcement Telecommunications System (“CLETS”) Private Contractor Management Control Agreement and Employee/Volunteer statement form and CLETS training. Probation may require an enhanced background check. Any staff member who has a felony in their criminal history will not be permitted to access a Probation facility in which criminal justice data is stored without being escorted by Probation staff, and the County may require replacement personnel who can be permitted access without an escort. If the Contractor cannot provide replacement personnel within 15 working days of the County’s exercise of its right, the County shall have the right to terminate or amend the Agreement. Contractor will need to complete the following steps to obtain a background clearance:
i. Contact the County Live Scan liaison at (408) 435-2064 or at [email protected] to obtain a background clearance application. ii. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan appointment. The Office of the Sheriff can be contacted by phone: (800) 211- 2220 or via their website: http://www.sccgov.org/portal/site/sheriff . iii. County will contact Contractor once the results of the background clearance have been received.
ix. Contractor is required to notify the County Live Scan liaison when the employment or licensing relationship of any individual whose name was submitted for Live Scan background clearance has concluded. b. Contractor must provide the assigned Probation Contract Analyst with a list of employees who will be performing services under this contract and include the following information by July 31st of each new FY:
i. Employee’s name;
ii. The employee’s position/title and role within the program; and The Probation program/service and contract purchase order number that the employee is working under.

2. Zero Tolerance Policy (ZTP) for sexual misconduct
Contractor shall comply with Probation’s ZTP relating to preventing, detecting, monitoring, investigating, and eradicating sexual abuse, sexual assault, rape of residents, or sexual misconduct toward any residents housed in any of its facilities or contracted venues. Sexual abuse and sexual harassment are prohibited by state and federal law. 














7.3.c
Packet Pg. 365 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Neighborhood Safety/Services Unit
Juvenile Probation Department
Neighborhood Services Unit (NSU)
840 Guadalupe Parkway
San Jose, CA 95110
Charmayne Moran, Program Manager II
Email: [email protected]
Phone: (408) 278-6227
NSU Enrollment Form for Services
Program Information (To Be Completed by Staff):

23. Type of Program:Community Based School Based

24. If School based, Name of School:_________________26. Activity Type:Leadership Academic Arts Sports Other: _____________________________________________

25. Date of enrollment: ____________________________27. Estimated Number of Activity Hours: ____________________ Information About Person Completing This Form:

28. Name: _____________________________________31. Title: _____________________________________________

29. Phone: _____________________________________32. Email: ____________________________________________

30. Signature: ___________________________________33.: ______________________________________ Client/Parent Information (All Fields Are Required):

This information will be kept strictly confidential. That means that no one outside the program and the organizations that sponsor it will know how you answer these questions. Your contact information will be used to give you updates about our services and in emer gencies only. All other information helps us determine how to better provide services.

To Be Completed by or on behalf of Youth To be Completed by or on behalf of Parent/Guardian

1. Full Name (of client enrolling in activities):

Last Name, First Name

10. Full Name of Parent/Guardian:

Last Name, First Name

2. Zip Code:
____________________________

11. Primary Language: __________________

12. Single Parent Household?Yes No

3. Phone:____________ Can we text you?13. Highest Level of Education Achieved:

High School Some College
Graduated College N/A/Decline to State

4. Date of Birth (MM/DD/YYYY):____/____/______14. Employment Status:Full-Time Part-Time Student Other Decline to State

5. Gender:Male Female Other
Decline to State

15. Do you belong to a resident/neighborhood
group?Yes No

16. If not, interested in becoming involved?
Yes No

6. Primary Language:___________________17. Do you have access to reliable transportation? Yes No

18. Are you interested in Carpooling?Yes No

7. Race/Ethnicity:Asian
Black/African American Latino/Latina
Native American Pacific Islander White
Other: _______________ Decline to State

19. What kind of health insurance do you have?
Public (MediCal/MediCaid)Private
Decline to State

20. How many people live in your
house?_____________

8. School:_____________________________21. What is your Annual Household Income?

9. Grade (or last grade completed):________
0-$14,999
$15,000-$34,999
$35,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000+
Decline to State

22. Parent/Guardian Signature:
_________________________________________
Attachment B
NSU Enrollment Form
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 366 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Unidad de Servicios/Seguridad del Barrio
Departamento de Libertad Condicional
de Menores
Unidad de Servicios del Barrio (NSU)
840 Guadalupe Parkway
San Jose, CA 95110
Charmayne Moran, Administrador del Programa II
Correo electrónico:

[email protected]
Teléfono: (408) 278-6227
Formulario de inscripción de NSU para servicios
Información del programa (a ser completado por el personal):

23. Tipo de programa:Basado en la comunidad Basado en la escuela

24. Si es basado en la escuela, nombre de la
escuela:_________________

26. Tipo de actividad: Liderazgo Académica Artes
Deportes Otro: ______________________________________

25. Fecha de inscripción: _________________________27. Cantidad estimada de horas de la actividad: ________________ Información sobre la persona que completa este formulario:

28. Nombre: ___________________________________31. Cargo: ___________________________________________

29. Teléfono: ___________________________________32. Correo electrónico: __________________________________

30. Firma: ___________________________________33. Fecha de hoy: ______________________________________ Información del cliente/padre (se deben completar todos los campos):

Esta información se mantendrá estrictamente confidencial. Esto significa que nadie fuera del programa y de las organizaciones que lo patrocinan sabrá cómo respondió a estas preguntas. Su información de contacto se utilizará para informarlo sobre novedades en nuestros servicios y en casos de emergencia únicamente. Toda la demás información nos ayuda a determinar cómo brindar mejor los servicios.

A ser completado por el menor o en su nombre A ser completado por el padre/madre/tutor o en su nombre

1. Nombre completo (del cliente que se
inscribe en las actividades):

Apellido, Nombre

10. Nombre completo del padre/madre/tutor:

Apellido, Nombre

2. Código postal:
____________________________

11. Idioma principal: __________________

12. ¿Hogar de padre soltero o madre soltera?Sí No

3. Teléfono:____________ ¿Podemos
enviarle mensajes de texto?

13. Nivel más elevado de educación logrado:

Escuela secundaria Estudios universitarios incompletos Graduado de la universidad N/A/Se niega a responder

4. Fecha de nacimiento (MM/DD/AAAA):__/__/___14. Condición laboral:Tiempo completo Medio tiempo Estudiante Otro Se niega a responder

5. Género:Masculino Femenino Otro
Se niega a responder

15. ¿Pertenece a un grupo de residentes/barrios?
Sí No

16. Si la respuesta es no, ¿está interesado en
comenzar a participar?Sí No

6. Idioma principal:___________________17. ¿Tiene acceso a transporte confiable?Sí No

18. ¿Está interesado en compartir vehículo?Sí No

7. Raza/etnia:Asiática
Negra/afroamericana Latina Nativo de
Estados Unidos Isleño del Pacífico Blanca
Otra: ____________Se niega a responder

19. ¿Qué tipo de seguro médico posee?
Público (MediCal/MediCaid)Privado
No tengo seguro médico Se niega a responder

20. ¿Cuántas personas viven en su
vivienda?_____________

8. Escuela:_____________________________21. ¿Cuál es el ingreso anual de su hogar?

9. Grado (o último grado completado):______
0 - $14,999
$15,000-$34,999
$35,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000+
No sabe
Se niega a responder

22. Firma del padre/madre/tutor:
_________________________________________
Attachment B
NSU Enrollment Form
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 367 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Narrative Report
(City of Gilroy FY23-28)

PO # Date of Update
Period of Update
Section 1 – Milestone Update
Instructions: Provide a brief update (no more than 4-6 sentences) on the current status of each contract milestone. The update should clarify the status of the milestone, summarizing major activities, successes and/or challenges related to the milestone and its associated tasks, as identified in the contract scope of work. If tasks associated with a milestone have an assigned target quantity, provide the current quantity completed. For example, if a task in the milestone is to provide pro-social activities to a minimum of 540 individuals, provide the current quantity of individuals served year-to-date, from the start date of contract to the last day of report update.

Milestone # 1 Start Date 7/1/22 Target Date 10/1/22
Description Assist the East Gilroy Resident Leadership group in establishing a Community Action Plan. This action plan must be in alignment with the goals and objectives identified by the East Gilroy resident leaders.

The Community Action Plan must be submitted by October 1, 2022.

Provide quarterly updates on the Community Action Plan.

Q1
Q2
Q3
Q4
Milestone # 2 Start Date 7/1/22 Target Date 6/30/23
Description Provide additional opportunities for residents (children, youth, adults, and seniors) to engage in educational, health and safety related classes, workshops, and presentations to be located in East Gilroy.

Based on the plan developed by the East Gilroy SCYTF Technical Team subcommittee and the resident/neighborhood group in East Gilroy, Contractor shall provide pro-social activities to a minimum of 540 individuals in FY23. Provide the number of UNDUPLICATED number of residents engaged in each workshop/class.

Q1
Q2
Q3
Q4















7.3.c
Packet Pg. 368 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28

Quarterly Contract Status Report Page 2 of 5
Milestone # 3 Start Date 7/1/22 Target Date 6/30/23
Description Collaborate with the NSU Probation Community Worker (PCW) in identifying and enrolling at-risk youth attending schools serving East Gilroy residents, in pro-social activities. Priority will be given to youth identified in Multi-System-Meetings (MSTs) or related school disciplinary meetings serving Positive Behavior Intervention & Supports (PBIS) tier 2 and tier 3 youth. Pro-social activities for at-risk youth shall be determined on an individual basis, based on the needs and interests of the youth participant.

Develop menu of Pro-social activities for at-risk youth attending schools serving East Gilroy residents.

Collaborate with PCW to enroll 20 at-risk youth in individualized, pro-social programming beginning July 2022 through June 2023.

Q1
Q2
Q3
Q4
Milestone # 4 Start Date 7/1/22 Target Date 6/30/23
Description Develop and submit the East Gilroy SCYTF Technical Team subcommittee/NSU Implementation Team Charter/Work Plan.

This subcommittee Charter/Work Plan shall align the work of the subcommittee members with the community actions goals of the resident leadership group established in East Gilroy.

The Charter/Work Plan is due October 1, 2022.

Q1
Q2
Q3
Q4
Milestone # 5 Start Date 7/1/22 Target Date 6/30/23
Description Support the development, implementation, and maintenance of the FIRST5 FRC at the San Ysidro Community Center.

Attach FIRST5 Workplan
Attach collaborative calendar
Q1
Q2
Q3
Q4















7.3.c
Packet Pg. 369 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28

Quarterly Contract Status Report Page 3 of 5
Milestone # 6 Start Date 7/1/22 Target Date 6/30/23
Description Support the training and implementation of restorative justice/restorative practices in schools and other settings that support East Gilroy residents by maintaining a network of Restorative Justice Practitioners.

Support the implementation of a leadership development and/or Promotor initiative that aims to increase resident’s leadership capacity in East Gilroy.

Submit a comprehensive Restorative Justice Practices Program Proposal and/or Leadership Development/Promotor Initiative Proposal by October 1, 2022.

If a Promotor Program is selected, provide a brief description and include number of certified Promotores.

Support leadership and economic development activities.

Q1
Q2
Q3
Q4
Milestone # 7 Start Date 7/1/22 Target Date 6/30/23
Description Partner with Second Harvest Food Bank to implement monthly food distribution program at San Ysidro Park, Assist the San Ysidro Nueva Vida in developing partnership agreement, logistic coordination, and day of distribution activities.

Include details of how many families served, how many individuals served, and how many pounds of food were distributed each month.

Q1
Q2
Q3
Q4
Milestone # 8 Start Date 7/1/22 Target Date 6/30/23
Description Provide support and logistic planning for community-wide events including, but not limited to, National Night Out, Party in the Park, Spirits Night, and Holiday Posada.

Q1
Q2
Q3
Q4
Milestone # 9 Start Date 7/1/22 Target Date 6/30/23















7.3.c
Packet Pg. 370 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28

Quarterly Contract Status Report Page 4 of 5
Description Provide support and logistic planning for resident-led emergency response efforts including, but not limited to food distributions, essential supply distributions, and COVID-19 response efforts.

Q1
Q2
Q3
Q4
Section 2 – Success Story or Testimonial
Instructions: Please write a brief story or testimonial about a family that has been positively impacted by an NSU-funded program and/or service that occurred in each quarter. The story or testimonial for each quarter should be approximately 250-500 words and no more than 1/3 page. If possible, include the referral source of the highlighted family.

Success Story or Testimonial
Q1
Q2
Q3
Q4















7.3.c
Packet Pg. 371 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28

Quarterly Contract Status Report Page 5 of 5
Section 3 – Year-End Summary
Instructions: Answer the following questions upon conclusion of 4 th Quarter or Program Year.

Each answer should be approximately 250-500 words and no more than 1/3 page.

A) Summarize the program services provided during the contract term, how they met or did not meet program objectives, and why.

B) Summarize the program’s strengths, challenges, and lessons learned. 














7.3.c
Packet Pg. 372 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Contractor Address
PO # Date
Dept. # Fiscal Year
Expenditure Invoice Amount Doc 1 Doc 2 Doc 3 Doc 4 Doc 5 I. Deliverables
1a - 2c; 4c,4d,4f & 4g: Personnel -$
Benefits
3a: Pro-Social Activites/San Ysidro Nueva Vida -$
3b: Individual Pro-Social Activities (S.P.A.R.K.) - Quarterly -$ 4a:Community Calendar -$
4b: Monthly Community Meetings -$
4e: Restorative Justice Leadership/Promotora Program -
Quarterly -$
4g: Program Reserve -$
4h: Community Championship /Community Safety
Survey/Media Project -$
Grand Total -$
Performance Doc 1 Doc 2 Doc 3 Doc 4 Doc 5
PG (a): # of UNDUPLICATED ADULT Residents Enrolled
into Pro-Social Activities 0
PG(a1): # of UNDUPLICATED YOUTH Residents Enrolled
into Pro-Social Activities 0
PG (a2): # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities 0
PG (a3) # of DUPLICATED Individuals attending San
Ysidro Nueva Vida Cafecito Meetings 0
PG (a4): # of San Ysidro Nueva Vida Cafecito Meetings 0 PG (b): # of DUPLICATE attendees at San Ysidro Events
(50+ people)0
PG (b1) # of Community Events/Gatherings (50+ people)0
PG (c): # of S.P.A.R.K. Youth Participants (Unduplicated)0 PG (d): # of Certified Promotores 0
PG (e): # of Families/Households served through Food
Distributions 0
PG (f): # of Individuals served through Emergency
Response Efforts 0
YTD Target =8.3%
Line Item Budget YTD Expended % Expended
Budget
Remaining
Deliverables
1a - 2c; 4c,4d & 4f: Personnel 56,819.00$ -$ 0.0%56,819.00$ Benefits 5,681.00$ -$ 0.0%5,681.00$
3a: Pro-Social Activites/San Ysidro Nueva Vida 20,350.00$ -$ 0.0%20,350.00$ 3b: Individual Pro-Social Activities (S.P.A.R.K.) 8,208.00$ -$ 0.0%8,208.00$ 4a:Community Calendar 600.00$ -$ 0.0%600.00$ 4b: Monthly Community Meetings 600.00$ -$ 0.0%600.00$ 4e: Restorative Justice Leadership/Promotora Program 45,292.00$ -$ 0.0%45,292.00$ 4g:Program Reserve 30,000.00$ -$ 0.0%30,000.00$ 4h: Community Championship /Community Safety
Survey/Media Project 5,000.00$ -$ 0.0%5,000.00$ Grand Total 172,550.00$ -$ 0.0% 172,550.00$
Performance Units of Service Monthly Target Annual Target PG (a): # of UNDUPLICATED ADULT Residents Enrolled
into Pro-Social Activities
025300
PG(a1): # of UNDUPLICATED YOUTH Residents Enrolled
into Pro-Social Activities
015180
PG (a2): # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities
075900
PG (a3) # of DUPLICATED Individuals attending San
Ysidro Nueva Vida Cafecito Meetings
010130
PG (a4): # of San Ysidro Nueva Vida Cafecito Meetings
0111
PG (b): # of DUPLICATE attendees at San Ysidro Events
(50+ people)
0 265 2,000
PG (b1) # of Community Events/Gatherings (50+ people)
0313
PG (c): # of S.P.A.R.K. Youth Participants (Unduplicated) 0520
PG (d): # of Certified Promotores 0413
PG (e): # of Families/Households served through Food
Distributions
0 250 3,000
PG (f): # of Individuals served through Emergency
Response Efforts
030360
Source Documentation
Year-To-Date Information
July Expenditure & Performance Report
City of Gilroy, South County Youth Task Force
7351 Rosanna Street
Gilroy, CA 95020
246 FY23
Attachment D
Monthly Invoice and Expenditure and Performance Report
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 373 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

SCYTF
Monthly Activity Report
Completed by: Month:
# (SOW)
Backup Documentation
Required
1a Sign-in sheets
1b Community Action Plan
2a Agenda, meeting notes,
sign-in sheets and
quarterly updated
workplan
2b Agenda, meeting notes,
sign-in sheets and
quarterly updated
workplan2c, 4c FIRST5 workplan,
collaborative calendar,
meeting agendas and
sign-in sheets
3a NSU Enrollment Form,
Monthly Group
Classes indicated on
community calendar, sign
in sheets, and
Cost Summary
Report
3b NSU Enrollment Forms,
Cost Summary
Report
4a Community Calendar
4b Agenda, meeting notes,
sign in sheets
Monthly cafecito community meeting with a
core group of resident leaders (youth and/or
adults) of East Gilroy
Participant list
Community Calendar Community Calendar
Participant List
S.P.A.R.K. Participant List
SYNV Leaderhip Log and
participant list
First 5 FRC Report
Maintain the SCYTF East Gilroy Subcommittee,
which also serves as the NSU Implementation
Team. This subcommittee/team shall meet bi-
monthly/ 6x per year
Submission of Community Action Plan
Develop and submit the East Gilroy Tech Team
Subcommittee/ NSU Implementation Team
Charter/ Work Plan
Attach Charter Work Plan
Deliverables:

Ongoing Monthly Deliverables:

The following deliverables must be completed each month in order to recieve reimbursement for services delivered. The deliverables outlined below are reflected in the Contractor's Scope of Work (SOW).

Activity
Activity
Completed? Comments/Notes
Monthly Reporting
Requirements
Maintain a resident advisory group focused in
East Gilroy.

Subtotal.

Provide prosocial
and/or group classes
related to educational,
health and wellness, safetyand gang prevention
related classes/workshops/
presentations to East Gilroy
Individual prosocial
activities for at-risk
youth identified by the NSU Probation
Community Worker
Support the development, implementtion and
maintenance of a FIRST5 FRC at the San
Ysidro Community Center. Participate as a
member of the Joint Use Agreement
Leadership Team
Continued on Page 2
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 374 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

# (SOW)
Backup Documentation
Required
4d Sign-in sheets
4e
4f Flyers if applicable
Units of
Service*
Monthly
Targets Yearly Targets
2 40 490
2 4 50
75 900
10 130
1 11
0 265 2000
Comments/
Notes
Sign-in Sheets,
Participant List
(B) # of DUPLICATE attendees at San Ysidro Events (50+
people)
Participant List,
Flyers
Performance Summary:

Activity
Monthly Reporting
Requirements
Activity
Completed?
Partner with Second Harvest Food
Bank to implement monthly food
distribution program at San Ysidro
Park, Assist the San Ysidro Nueva
Vida in developing partnership
agreement, logistic coordination,
and day of distribution activities.

Food Distribution Report
Type of Backup
Documentation
Provided
(A) # of UNDUPLICATED ADULT Residents Enrolled into
Pro-Social Activities
Performance Goals:

NSU Enrollment
Form, Sign-In
Sheets, Participant
List (Tab 2)
Support the training and implementation of
Restorative Justice Leadership and/or
Promotora-based initiatives in schools and
other settings that support East Gilroy
residents. Includes building leadership capacity
and economic development opportunities.

RJ_Promotora Participant
list,
Details in Quarterly
Narrative
Support Emergency Response Efforts Emergency Response
Report
(A4) # of San Ysidro Nueva Vida Cafecito Meetings.
*Manually enter the number under units of service
Comments/Notes
(A3) # of DUPLICATED Individuals attending Monthly San
Ysidro Nueva Vida Cafecito Meetings *Manually enter the number under units of service
Sign-in Sheets,
Participant List
(A1) # of UNDUPLICATED YOUTH Residents Enrolled into
Pro-Social Activities
NSU Enrollment
Form, Sign-In
Sheets, Participant
List (Tab 3)
(A2) # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities
NSU Enrollment
Form, Sign-In
Sheets, Participant
Lists (Tab 2&3)
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 375 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

0 3 13
2 5 20
0 4 13
0 250 3000
0 50 600
*Automatically populated based on data entry from the various reports and participant lists. (F): # of Individuals served through Emergency Response * (C): # of UNDUPLICATE S.P.A.R.K. Youth participants
Quarterly Report
/Flyers Emergency
RRt
Participant List
(E): # of Families/households served through food
distributions*
Food Distribution
Report/Quarterly
Report
Flyers, Community
Event Report
(B1) # of Community Events/Gatherings (50+ people)
(D): # of Certified Promotoras*Quarterly Report.

RJ List
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 376 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 377 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 378 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 379 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

FY23 City of Gilroy Budget Neighborhood Safey Unit (NSU) Attachment G
Budget and Rates of Pay
City of Gilroy, SCYTF (NSU) - FY23
Community Resource Specialist and/or Recreation Specialist, Recreation Leader (I-III), Office Assistant (I-III), Property & Paycheck Stub/Timecards/ ADP Pay
Roll Report
Ongoing Monthly N/A
Establish and maintain a resident advisory group focused in East Gilroy that meets monthly.

Resident Advisory group meeting
sign in sheets.

Ongoing Monthly N/A
Submission of Annual Community Action Plan: Pro-social and other support activities reimbusred under line 3a must be clearly Community Action Plan (See
attachment ___ for template)
10/01/2022
(initial), Revised version
2x p/year (Qtr2 and
Qtr 4)
2 Establish and maintain the SCYTF East Gilroy Subcommittee, which also serves as the NSU Implementation Team. This
Agenda, meeting notes, sign in sheet
and the updated monthly workplan
Ongoing Monthly N/A
Develop and submit the East Gilroy SCYTF Technical Team subcommittee/NSU Implementation Team Charter/Work plan
East Gilroy SCYTF Technical Team
subcommittee/NSU Implementation
10/01/2022
(initial charter/ Work plan)
Annual N/A
Support the development, implementation, and maintenance of a FIRST5 FRC at the San Ysidro Community Center
FIRST5 workplan, collaborative
calendar, meeting agendas and sign
Ongoing Monthly N/A
Support the maintenance of the Joint Use Agreement between the County and the City to ensure access to the San Ysidro Community Joint Use/Facility Use Agreement
Quarterly Report Update
10/1/2022 Quarterly 1
Increase food security and maintain nutritional programming at San Ysidro Park by partnering with Second Harvest Food Bank Summary of children and families
served
Ongoing Monthly N/A
Support resident-led emergency response efforts Summary of individuals served Ongoing Monthly N/A N/A Benefits Paycheck Stub/Timecards/ ADP Pay
Roll Report
Ongoing Monthly N/A 10% of salary
3a Provide pro-social activities that promote health, wellbeing, education, and communtiy building.

Funds must be approved and vetted through the San Ysidro resident leadership group. Pro-social activities must be identified in the Communtiy Violence Prevention Plan.

Monthly Group Classes NSU
Enrollment forms, and/or sign in
sheets. Provide monthly participant
list, resident activity log, and details
of activities in Quarterly Narrative
Report
By June 2023 Monthly Varies $1695.83/month
3b Individual pro-social activities for at-risk youth identified by the NSU Probation Community Worker.

Provide sign-in sheets, quarterly
participant list and details of
activities in Quarterly Narrative
Report
By June 2023 Quarterly Varies Q2:$2,736 Q3:$2,736
Q4:$2,736
4a Community calendar Develop and Submit Monthly
Community Event/Classes Calendar
by the 15th day of each month for the
upcoming month.

Ongoing Monthly 12 $50/month
4b Monthly community meeting with a core group of resident leaders (youth and/or adults) of East Gilroy
Agenda, meeting notes, sign in
sheets
Ongoing Monthly Varies $50/month
4d Support the training and implementation of Restorative Justice Leadership and/or Promotora-based initiatives in schools and other settings that support East Gilroy residents
Participant list and details of event in
Quarterly Narrative Report.

Ongoing Quarterly Varies Q1: $11,323
Q2: $11,323
Q3: $11,323
Q4: $11,323
N/A Program Reserve:For various program needs including support for leadership and economic deveopment projects or National Night Out/Media Projects
Proof of Cost, Proof of Payment Ongoing Monthly Varies Varies NSU will host a community champion celebration to commorate the work of the residents and leaders of East Gilroy. Funds may also be used for a leadership retreat or to purchase supplies to support the Community Safety Survey.
5,000$
Media Project - Website design and/or documentary for Gilroy United and/or SCYTF
TBD
Total
Deliverable Description Backup Documentation Required
for Reimbursement
Anticipated Completion
Date
Frequency Number of
allowable units
per year
Price per unit
1a - 2c; 4c, 4d,
4e,4f,4g
Varies, but pay may
range from: $4,508-
$5,630 per month
4h Flyer and details of event in
Quarterly Narrative Report, and list
of participants.

Proof of cost/proof of payment
TBD bi-annual N/A















7.3.c
Packet Pg. 380 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

Attachment H
Quarterly Invoice
City of Gilroy, SCYTF (NSU) -FY23
BILL TO:Department of Probation REMITTANCE: City of Gilroy County of Santa Clara
ADDRESS: 840 Guadalupe Pkwy ADDRESS: 7351 Rosanna Street San Jose, CA 95110 Gilroy, CA 95020
Attn: Fiscal Division
PO #: Invoice #:

Date of Submission:

Start Date End Date
Contract Period:7/1/2022 6/30/2023
Invoice Period:

Final Invoice (circle one): Yes No % of Period Elapsed -12292% Program Deliverable(s) /
Written Report for the reporting
period Submitted (circle one):Yes No
ab ef

CATEGORIES BUDGET
FUNDS

PREVIOUSLY

REQUESTED

REMAINING

CONTRACT

BALANCE
(a-d)
% of
Budget
Expended
(d/a)
1a - 2c; 4c,4d & 4f: Personnel $56,819 - 56,819.00 Benefits $5,681 5,681.00
3a: Pro-Social Activites/San Ysidro
Nueva Vida $20,350 - 20,350.00
3b: Individual Pro-Social Activities
(S.P.A.R.K.) $8,208 - 8,208.00
4a:Community Calendar $600 - 600.00 4b: Monthly Community Meetings $600 - 600.00 4e: Restorative Justice
Leadership/Promotora Program $45,292 - 45,292.00 4g:Program Reserve $30,000 - 30,000.00 4h: Community Championship
/Community Safety Survey/Media
Project
$5,000 - 5,000.00
Totals 172,550.00 - 172,550.00 I hereby certify under penalty of perjury that the amount billed above is true and correct in accordance with the contract.

Date:

Accounting Contact Person:

Phone Number:

Fax Number:

E-mail Address:

Invoice Amount:SAP DOC #
Adjustment:Input Date:

Net Payment:Name:

Explanation:Approver:

Contract Monitor: Date:
- -

INVOICE
cd

ACTUAL CONTRACT

EXPENSES THIS PERIOD

TOTAL CONTRACT

EXPENSES TO
DATE
(b+c)
- -
- -
- -
- -
- -
TOTAL EXPENDITURES -$
- -

PROBATION DEPARTMENT STAFF USE ONLY
LESS PROGRAM INCOME -$
TOTAL EXPENDITURES BILLED -$
Vendor / Contractor Authorized Signature:















7.3.c
Packet Pg. 381 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

CONTRACTOR CERTIFICATION OF COMPLIANCE WITH
COVID-19 VACCINE REQUIREMENTS
(Version Effective April 1, 2022)
Contractor Information:

Contractor name: Name of Contractor representative:

Contractor phone number: Contractor email address:

Contractor Certification. On behalf of Contractor, I hereby certify that:

1. Contractor has reviewed and is in compliance with all current County requirements regarding COVID-19 vaccination applicable to contractor’s employees working at County facilities, including but not limited to the requirements in the County’s memorandum regarding COVID- 19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s memorandum regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and any other County requirements. These memoranda and current County policies are accessible at https://procurement.sccgov.org/doing-business-county/contractor-vaccinations >.

Contractor understands that it is responsible for reviewing and maintaining compliance with all subsequent revisions or amendments to State and County orders and requirements regarding COVID-19.

2. As of the date signed below:
a. Contractor understands that it must confirm, and has confirmed, that all of contractor’s workers (including any subcontractor workers) who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County 1 are:
i. Fully vaccinated against COVID-19 and up-to-date on any boosters for which they are eligible as defined and required in the County Vaccine Policy; or ii. Have a legally sufficient and approved medical, disability, or religious exemption from vaccination that has been granted by contractor. 1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws, including but not limited to vaccination, testing, and masking requirements.

Exhibit A
Contractor Certification of Compliance With COVID-19 Vaccine Requirements City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 382 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

b. Contractor has verified and will continue to verify the vaccination status of all staff working on site at any County facility, and has obtained proof of vaccination from its staff in a form consistent with the California Department of Public Health’s Vaccine Records Guidelines and Standards.

3. If contractor seeks to send any workers who are not fully vaccinated and up-to-date on boosters for which they are eligible to work indoors at any County facility because the contractor has granted them an exemption, contractor shall notify the County in writing by providing a list of any such workers to the COVID-19 Designee for the department that manages the facility where the contractor personnel will be working at least 96 hours in advance of any such worker arriving onsite so that the department has sufficient time to determine whether it will approve the contractor’s requests that its personnel work onsite and, if approved, can ensure that the contractor has complied with all applicable COVID-19 safety requirements for unvaccinated individuals, including, where appliable, regular testing and the use of a fit-tested N95 mask.2 Notice must be separately provided to each department that manages a facility where contractor seeks to assign personnel to work onsite. Regardless of exemption status, personnel who are not fully vaccinated and up-to-date on boosters for which they are eligible may not work in high-risk roles at County facilities.

4. If any of contractor’s workers are noncompliant with vaccination or testing requirements, contractor will notify the County Department for which they are providing services immediately and will not permit those workers to go onsite at a County facility without express written permission from the County.

5. Contractor will comply with all reasonable requests by the County for documentation demonstrating the contractor’s compliance with this Certification.

I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the laws of the State of California.
_____________________________________
Name of authorized representative of
Contractor
________________________________
Title
_____________________________________
Signature
________________________________
Date
2 If contractor sends workers who are not fully vaccinated and up-to-date on boosters for which they are eligible, it is contractor’s obligation to ensure that it has any necessary authorization under the California Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County.

Exhibit A
Contractor Certification of Compliance With COVID-19 Vaccine Requirements City of Gilroy, SCYTF (NSU) - FY23















7.3.c
Packet Pg. 383 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 384 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 385 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 386 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
















7.3.c
Packet Pg. 387 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve a Marketing and Economic Development Agreement with the Gilroy Chamber of Commerce
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
 Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Approve a Marketing and Economic Development Agreement with the Gilroy Chamber of Commerce for an Annual Amount Not to Exceed $50,000, Plus a Percent age of Administrative Grant Funding for the Business Community Received, and Authorize the City Administrator to Execute the Agreement.

BACKGROUND

The City has engaged in numerous formal and informal agreements with entities that provide service in collaboration with the City’s economic development efforts. In the past, many of these agreements were not entered into formally and furthermore they

7.4 Packet Pg. 388

lacked a clear scope of service and responsibilities, agreed upon workplan items, and regular reporting of results to both City Administration and the City Council.

The City recently formalized its’ agreement with Visit Gilroy/California Welcome Center in the amount of $350,000 annually for economic development, marketing, and tourism- based activities.

The City has a long history of collaboration with the Gilroy Chamber of Commerce, however, there has never been a formal agreement in place for specific services.

ANALYSIS

The proposed annual contribution of $50,000 is within the City Administrator’s purchasing authority, however it is requested that Council consider and approve a formal agreement due to the following:

1. The Chamber of Commerce conducts activities as a political advocacy group known as GilPAC and thus is involved with various local election candidate s and political activities. It is important to illustrate that funds contributed to the Chamber are specifically identified for use as described in the Scope of Service (Attachment A).

2. For budgeting purposes, an agreement enables the Chamber to rely on a consistent contribution from the City.

At one time the City contributed $200,000 annually to the Gilroy Economic Development Corporation (GEDC) to assist in performing economic development marketing and business assistance on behalf of the City of Gilroy. On May 7, 2019, during a review of the proposed budget for Fiscal Years (FY) 2020 and 2021, Council made the decision to cease the recurring budget appropriation in favor of bringin g economic development activities into the City through the hiring of a Deputy City Administrator focused on economic development, using the savings of $200,000 to pay a portion of the cost for the position. In subsequent meetings, Council did not approve in the budget process various proposals, including a $50,000 contribution to the EDC on May 20, 2019, nor a $10,000 membership contribution on June 3, 2019. The Deputy City Administrator position was not successfully filled, and during the pandemic reductions in early 2020, the position was eliminated as a cost savings measure.

In the adopted budget of FY22, the City brought those activities in-house and hired a full-time employee, who started on August 2, 2021, to coordinate economic development activities. This has proven to be successful; however, the City continues to benefit from its’ relationships with outside entities including the Chamber. Examples of the benefits of this relationship include: 1) During COVID, the Chamber assumed administration of the City’s Small Business Grant program ; and 2) the Chamber has also coordinated the City’s advertisements in the Silicon Valley Business Journal to promote locating of businesses in Gilroy.

7.4 Packet Pg. 389

In the upcoming year the City and Chamber will collaborate on several projects including development of a collaborative workforce program to develop educational and training paths for high school and college students.

It should be noted that funds will not be automatically provided the Chamber and will be provided on a reimbursement basis. The recommended term is 5 years, which is consistent with other formal economic development agreements.

The Chamber will submit Quarterly Reports to the City Council describing the use of funds and results.

ALTERNATIVES

Council could decide not to enter into a marketing and economic development agreement with the Chamber. By not approving an agreement there would be limitations to contributions, pursuant to the City’s purchasing policy, regarding the payment for services that the Chamber could provide. Additionally, this is a best practice that has been put into place, and already Visit Gilroy is under a similar contractual relationship for its economic development support services.

FISCAL IMPACT/FUNDING SOURCE

No fiscal impacts are anticipated at this time. The City’s current adopted budget includes funding identified for contributions to activities with the Gilroy Chamber of Commerce.

CONCLUSION

The City of Gilroy and the Gilroy Chamber of Commerce have a strong working relationship aimed towards the betterment of the local economy. Establishing a cont ract with clear expectations of funding levels, activities within the agreement’s scope of work, and clear reporting activities will allow for work to be coordinated through the two organizations and ensure that the City’s funding is well used.

NEXT STEPS

If approved, the City Administrator will execute the agreement with the Chamber of Commerce, and work with the Chamber to implement the terms of t he agreement.

PUBLIC OUTREACH

This agenda item was included on the agenda for this meeting, which was pu blicly posted both physically at City Hall, as well as online on the City’s website.

Attachments:

1. Scope of Services

7.4 Packet Pg. 390

2. DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce

7.4 Packet Pg. 391

RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY TO RELEASE UNCLAIMED CHECKS TO THE

CITY OF GILROY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 50053 AND SECTION
50055

WHEREAS, on the attached list, checks over fifteen ($15) dollars have been outstanding and unclaimed for more than three years.

WHEREAS, on the attached list, checks less than fifteen ($15) dollars have been outstanding and unclaimed for more than one year.

WHEREAS, a Public Notice of unclaimed funds was advertised in a newspaper of local circulation.

NOW, THEREFORE, BE IT RESOLVED that the unclaimed checks, over fifteen ($15) dollars on the attached list in the total amount of $1,216.66 shall be transferred to the General Fund or other fund(s) so designated, in accordance with Section 50053 of the California Government code.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the unclaimed checks, less than fifteen ($15) dollars on the attached list in the total amount of $52.61 shall be transferred to the General Fund or other fund(s) so designated, in accordance with Section 50055 of the California Government code.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 15th day of August 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

7.4.a
Packet Pg. 392 Attachment: Draft Resolution (3906 : Unclaimed Checks Under and Over $15)

Payee Name Amount
GORMAN, JOEL $5.67
KARL LUBICH $11.50
AUSENCIA SANCHEZ $11.50
HOYSI PAOLA LATIN $11.50
MARTIN, DIANE T. $12.44
VALENCIA, GLORIOUS $15.37
DECORACIONES Y EVENTOS LI $15.40
VADASSERY, RAMAKISHNAN S. $17.48
CARLINO, DAN $21.96
BARR, BARBARA $33.38
ROBLES, MANUEL $44.10
TERRAZO APARTMENTS $53.95
STRAIN, BAILEY T $55.30
EL CENTENARIO BAR AND GRI $55.80
SHEETAL PARMAR $57.00
SOUTHWORTH, SCOT &RHONDA $79.74
VICTORIA AVELAR $100.00
SAFEWAY STORES #1505 $105.00
CORDES, RICHARD $132.00
ALL PRO REPIPES INC $136.32
COMPLIANCE SOLUTIONS, INC $293.86

Total checks under fifteen ($15) dollars $52.61
Total checks over fifteen ($15) dollars $1,216.66

7.4.a
Packet Pg. 393 Attachment: Draft Resolution (3906 : Unclaimed Checks Under and Over $15)

Public Notice

CITY OF GILROY

FINANCE DEPARTMENT
7351 Rosanna Street
Gilroy, CA 95020

Notice is hereby given that the City of Gilroy is holding funds for the following persons and businesses. If said funds are not claimed by June 20, 2022 these funds will become the property of the City of Gilroy in accordance with California Government Code Section 50052.

The said funds may be released to the depositor, their, heir, beneficiary, or duty appointed representative provided a claim form has been completed with the necessary information. The information needed is as follows:
• Name, address, telephone number, and social security number (or FEIN). • Amount of claim.
• Proof of Identity, such as copy of driver’s license, social security card or birth certificate. • Grounds on which claim is founded.

The Unclaimed Money Claim Form is available at the City of Gilroy Finance Department, located at 7351 Rosanna Street in Gilroy.

Persons or entities with funds on deposits for three (3) years are:

Name Amount VALENCIA, GLORIOUS $15.37
STRAIN, BAILEY T $55.30
DECORACIONES Y EVENTOS LI $15.40
VADASSERY, RAMAKISHNAN S. $17.48
VICTORIA AVELAR $100.00
COMPLIANCE SOLUTIONS, INC $293.86
SAFEWAY STORES #1505 $105.00
GORMAN, JOEL $5.67
ROBLES, MANUEL $44.10
EL CENTENARIO BAR AND GRI $55.80
MARTIN, DIANE T. $12.44
KARL LUBICH $11.50
AUSENCIA SANCHEZ $11.50
HOYSI PAOLA LATIN $11.50
BARR, BARBARA $33.38
SOUTHWORTH, SCOT &RHONDA $79.74
ALL PRO REPIPES INC $136.32
CARLINO, DAN $21.96
CORDES, RICHARD $132.00

7.4.b
Packet Pg. 394 Attachment: Public Notice 05-03-2022 (3906 : Unclaimed Checks Under and Over $15)

TERRAZO APARTMENTS $53.95
SHEETAL PARMAR $57.00

7.4.b
Packet Pg. 395 Attachment: Public Notice 05-03-2022 (3906 : Unclaimed Checks Under and Over $15)

7.4.c
Packet Pg. 396 Attachment: Proof of Publication Stale Dated Checks 61722 (3906 : Unclaimed Checks Under and Over $15)

City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving a Planned Unit Development Zoning Amendment (Z 21-04) for property
located on Gurries Drive (APN: 790-35-038, 039, & 054)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Cindy McCormick, Customer Service Manager

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Adopt the second reading of an ordinance appr oving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04).

ANALYSIS

At the August 1, 2022 Regular Meeting, the City Council considered and introduced an Ordinance approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790 -35-038, 039, and 054 (file number Z 21-04). The Council motioned to read the Ordinance by title

7.5 Packet Pg. 397

only, waived further reading of the Ordinance, and then introduced the Ordinance (7-0-0 vote). No modifications to the draft Ordinance were proposed by the Council.

Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.

The Ordinance will take effect thirty (30) days from the date of Council action.

Attachments:

1. Vicinity Map

2. August 1, 2022 Staff Report

3. Proposed Ordinance

7.5 Packet Pg. 398

7.5.a
Packet Pg. 399 Attachment: Vicinity Map (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

City of Gilroy

STAFF REPORT
Agenda Item Title: Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for 4-unit Townhome Development on Gurries Drive
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Cindy McCormick, Customer Service Manager
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Motion to read the ordinance by title only and waive f urther reading b) Introduce an Ordinance of the City Council approving a Planned Unit Development Zoning Amendment on property currently located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and c) Adopt a Resolution approving a Tentative Map to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file number TM 21-03); and
d) Adopt a resolution approving an Architectural and Site Review Permit to allow construction of four (4) townhomes on the subject property (file number AS 21 -14), following approval of the associated PUD Zoning Amendment and Tentative Map.

7.5.b
Packet Pg. 400 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

EXECUTIVE SUMMARY

The project proposes to consolidate and subdivide three (3) existing parcels into four (4) parcels and develop the site with an attached four-unit townhome project. The proposal may be permitted with a Planned Unit Development (PUD) Zoning Amendment, Tentative Map, and Architectural and Site Review. The PUD zoning overlay is required to permit exceptions to the minimum R3 development standards for setbacks.

POLICY DISCUSSION

The proposed project requires a Planned Unit Development Zoning Amendment and tentative map approval by the City Council upon recommendation of the Planning Commission. The Architectural and Site Review Permit would otherwise be approved by the Community Development Director or designee. Staff has processed all three entitlements concurrently since the Architectural and Site Review Permit approval is contingent on approval of the Planned Unit Development Zoning Amendment and Tentative (parcel) Map.

BACKGROUND

PUD History: In 2006, a PUD was approved for a larger development, consisting of 11 townhomes, seven (7) single-family homes, and one (1) common guest parking area (Hanna Court Project, approvals TM 06-15, Z 06-14 and AS 06-46, Tract 9931). Most of the PUD has been developed (8 townhome units and 3 single -family units). The subject site represents the remaining parcels to build out the PUD.

Planning Commission Recommendation: On July 7, 2022, the Planning Commission reviewed the project and unanimously1 recommended approval of the PUD Zoning Amendment, Tentative Map, and the Architectural and Site Review Permit (Attachments 5, 6 and 7). During the meeting, the applicant volunteered to install a bicycle rack in the guest parking lot, as requested by a member of the public (Attachment 8), and now illustrated on the Site Plan (Sheet A-1, Attachment 3).

Environmental Assessment: The project has been determined to be exempt from further California Environmental Quality Act (CEQA) review under a Statutory Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR and where projects are zoned to accommodate a particular density o f development.

ANALYSIS:

1 The vote was 6-0-0-1 with one member abstaining due to a potential conflict.

7.5.b
Packet Pg. 401 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

Project Description: The applicant requests approval of a Tentative Map, Planned Unit Development Zoning Amendment, and Architectural and Site Review Permit for a proposed townhome development located on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 multiple-family residential district. The project requests deviations from the R3 minimum setbacks standards, which require approval of the PUD Zoning Amendment. One non-protected tree will be removed and replaced. The applicant has volunteered to install a bicycle rack in the guest parking lot (Sheet A-1, Attachment 3).

General Plan Consistency: The 2040 General Plan designation for the property is Medium Density Residential which allows a density of 8-20 dwelling units per net acre.

The range of density allowed on the 8,256 square foot property is two to four (2 -4) units.

The four-unit project would result in a residential density of approximately 21 dwelling units per acre, due to rounding up the fractional unit allowance.

The proposed 4-lot subdivision, site layout, and architectural design meets the findings for approval and is consistent with the Gilroy 2040 General Plan goals and policies, as discussed in the July 7, 2022 Planning Commission Staff report (Attachment 4).

Zoning Map Amendment / Planned Unit Development (PUD) Analysis: The PUD combining district provides an opportunity for projects to deviate from City Code where justified. PUDs are processed as a zone change according to the provisions of City Code Article LII. Pursuant to City Code Section 30.26.10, the intent of the PUD combining district is to allow development diversification, while ensuring adequate standards related to the public health, safety and general welfare of the community. The project requests deviations from the R3 minimum setbacks standards. Therefore, the PUD Zoning Amendment is required to deviate from the R3 zoning standards for front yard setbacks (20’ instead of 26’), side yard setbacks (5’10” instead of 12’) and rear yard setbacks (8’ instead of 15’).

The project meets the findings for approval as provided in the draft Ordinance.

Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City Code (GCC), including but not limited to Chapter 21 (Subdivisions and Land Development). The Tentative (parcel) Map is required to consolidate and subdivide three (3) existing parcels into four (4) parcels, ranging in size from approximately 1,879 square feet to approximately 2,250 square feet, for a total lot area of 8,256 square feet.

The four new lots would be improved with an attached four-unit townhome development, along with a fenced rear yard and front yard landscaping for each unit.

The required findings and necessary conditions of approval have been prepared in conformance with City Code and are included in the draft Council Resolution (TM 21- 03).

Architectural and Site Permit Analysis: Architectural and site review permit approval is required pursuant to GCC Section 30.50.41(a). The project proposes four (4) 1,576 square-foot attached townhome units. Each unit includes a 456 square foot attached

7.5.b
Packet Pg. 402 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

two-car garage. Guest parking is accommodated in the 4-stall shared parking lot located between the subject site and the properties to the left side (see prior PUD discussion).

The application is consistent with City Code and all objective development and design standards for multi-family homes in the R3 multi-family residential district. The required findings and necessary conditions of approval have been prepared in conformance with City Code and are included in the draft Council Resolution (AS 21-14).

ALTERNATIVES

The City Council may approve the project with revisions, continue the project for further review, or deny the project. Staff does not recommend these actions.

FISCAL IMPACT/FUNDING SOURCE

The applicant has paid all planning entitlement costs associated with the project. The project will also require payment of all associated building permit fees and d evelopment impact fees for citywide improvements.

CONCLUSION

The Planning Commission recommends that the City Council adopt an Ordinance approving the Planned Unit Development Zoning Amendment for reduced setbacks, and adopt Resolutions approving the Tentative Map and the Architectural and Site Review Permit for the four-unit townhome development project.

NEXT STEPS

Upon City Council approval, the Engineering Department would complete the process of signing and recording the Parcel Map. The applicant can then apply for building permits to construct the project.

PUBLIC OUTREACH

On July 22, 2022, the project was published in the Gilroy Dispatch and on July 18, 2022, notice of this City Council meeting were mailed to property owners within 500 feet of the subject site. In addition, the City Council public hearing packets are available through the City's webpage.

Attachments:

1. Vicinity Map

2. Tentative Map

3. Development Plans

4. Planning Commission Staff Report, 07-07-22

7.5.b
Packet Pg. 403 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

5. PC Resolution 2022-08 - Z 21-04 - signed

6. PC Resolution 2022-09 - TM 21-03 - signed

7. PC Resolution 2022-10 - AS 21-14 - signed

8. Public comment letter, 06-02-22

9. Z 21-04 Draft Council Ordinance

10. TM 21-03 Draft Council Resolution

11. Exhibit A - Conditions of Approval for TM 21-03

12. AS 21-14 Draft Council Resolution

13. Exhibit A - Conditions of Approval for AS 21-14

14. Draft Notice of Exemption

15. Correspondence - Reedy, Sean

7.5.b
Packet Pg. 404 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY

APPROVING A PLANNED UNIT DEVELOPMENT ZONING
AMENDMENT (Z 21-04) FOR PROPERTY LOCATED ON GURRIES
DRIVE (APN: 790-35-038, 039, & 054)

WHEREAS, on July 22, 2021 an application was submitted by El Encanto III LLC proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district (“Project”); and

WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete on May 11, 2022; and

WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General Plan EIR and where projects are zoned to accommodate a particular density of development; and

WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 21-04; and

WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Planned Unit Development Zoning Map Amendment (Z 21-04) meets the findings for approval and recommended that the City Council approve application Z 21-04, subject to the Conditions of approval attached hereto as Exhibit A.

WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 21-04; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.

7.5.c
Packet Pg. 405 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The City Council finds that:

A. “The project conforms to the Gilroy General Plan in terms of general location and standards of development.”: The proposed density is consistent with the Medium Density General Plan land use designation and R-3 zoning designation. This designation is intended primarily for multi-family attached structures (townhomes, condominiums, apartment buildings). Per the General plan, buildings are typically two to three stories tall.

B. “The project provides the type of development that will fill a specific need of the surrounding area.”: The townhome project is consistent with Housing Element Goal H-1 (Housing Production) that strives to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types.

Smaller lots accommodate smaller units, such as the 1,576 square foot units being proposed, which is typically a more affordable housing option than the typical detached single-family housing that is predominate in Gilroy.

C. “The project will not require urban services beyond those that are currently available.”:

All utilities needed to serve the project are located adjacent to the property.

D. “The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance.”: The proposed development proposes reduced setbacks in order to achieve the allowable density and still provide a reasonable unit size (1,576 square feet). The site layout and building design is compatible with the surrounding townhome units. The townhome project is consistent with Housing Element Goal H-1 (Housing Production) to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types.
“The project reflects an economical and efficient pattern of land uses.”: The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the medium density land use designation.

E. “The project includes greater provisions for landscaping and open space than would generally be required.”: The private rear yards area are a minimum 230 square feet in area, exceeding the minimum 150 square foot area for R3 properties (City Code section 30.7.5).

F. “The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas.”: In keeping with the existing surrounding development, the units have been designed with multiple wall planes, varying roof lines, and two (2) different exterior materials (lap siding and board and batt).

7.5.c
Packet Pg. 406 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022

Entry porches are stepped back from the façade of the building.

G. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding areas.”:

The infill project is designed in a consistent manner with the surrounding properties so as not to create any traffic congestion, noise, odor, or other adverse effect on surrounding areas.

H. “The project provides adequate access, parking, landscaping, trash areas and storage, as necessary.”: The project provides adequate access from Gurries Drive and each unit provides a 2-car garage in addition to driveway parking. The property shares guest parking (lot to the west) with the development to the north and east, consistent with City Code. The applicant has requested a “Will Serve” letter from Recology, the City’s waste hauler.

SECTION II
The Planned Unit Development Zoning Amendment (Z 21-04) for property located on Gurries Drive (APN: 790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district is hereby approved subject to the following conditions:

1. The development approval shall be implemented consistent with the plans and materials submitted for concurrent applications AS 21-14 and TM 21-03.

2. The approval is subject to all, restrictions and requirements established in Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications, time limits, violations and revocations, and revisions.

SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

7.5.c
Packet Pg. 407 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022

PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:

___________________________
Thai Nam Pham, City Clerk

7.5.c
Packet Pg. 408 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))

City of Gilroy

STAFF REPORT
Agenda Item Title: Consideration of Formal Council Position On the Proposed Sargent Ranch Quarry Project in South Santa Clara County Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Sharon Goei, Community Development Director

Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Council consider adopting a formal position on the proposed Sargent Ranch Quarry Project in South Santa Clara County.

BACKGROUND

At its meeting on April 4, 2022, the City Council requested that the Draft Environmental Impact Report (Draft EIR, or DEIR) for the Sargent Ranch Quarry Project be agendized so that Council would have an opportunity to comment on the document and potentially take a formal position on the project.

7.6 Packet Pg. 409

Brief Project Description

The Sargent Ranch Quarry Project (Project) is a proposed sand and gravel mining operation that would include construction and operation of ag gregate processing facilities and related infrastructure such as access/maintenance roads and utilities. The purpose of the Project is to develop a feasible source of aggregate in close proximity to the Bay Area to meet regional demand for construction sand.

The Project is located on the Sargent Ranch property, approximately four (4) miles south of the City of Gilroy, and west of Highway 101, in an unincorporated area of southern Santa Clara County. See Attachment 1 for the location map. Mining and processing of the sand and gravel is proposed to take place on approximately 403 acres of the 5,154-acre Sargent Ranch property.

Mining operations would be conducted in four phases over 30 years. Each phase would be reclaimed upon completion of mining activities within that phase. At the end of the Project’s life, final reclamation of the last surface mining phase and the aggregate processing facility would occur. The Project requires the adoption of a Reclamation Plan and the issuance of a Conditional Use Permit from Santa Clara County.

This project does not lie within the jurisdiction of the City of Gilroy.

Draft Environmental Impact Report

Santa Clara County has prepared a Draft Environmental Impact Report to evaluate the Project’s potential for impacts to the environment in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines. On July 22, 2022, Santa Clara County published the DEIR for the Project for public review. The public comment period opens on July 25, 2022 and closes on September 26, 2022. The digital DEIR can be found on the County project website: https://plandev.sccgov.org/policies- programs/smara/sargent. A hard copy is available at the Gilroy Public Library. Public comments submitted to the County by September 26, 2022, will be included and responded to in the Final EIR.

ANALYSIS

The DEIR provides a detailed analysis of the proposed Project’s potentially significant effect on the environment. Under CEQA, a significant effect on the environment is defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the Project.

Based on the analysis in the DEIR, the Project wou ld result in significant impacts in the following areas: aesthetics, air quality, biological resources, cultural and tribal cultural resources, geology and soils, paleontological resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, and transportation.

7.6 Packet Pg. 410

Consistent with CEQA and CEQA Guidelines, the DEIR describes feasible mitigation measures to avoid or minimize significant adverse effects of the Project. While the DEIR has identified mitigation measures to eliminate or reduce some of the impacts to a less- than-significant level, other impacts remain significant even with the implementation of mitigation measures and are considered unavoidable adverse impacts of the Project.

Attachment 2 is an excerpt from the DEIR, “Summary of Impacts and Mitigation Measures,” that provides a summary of the environmental impacts, the significance of the impacts, proposed mitigation measures if any, and the significance of the impacts after implementation of the mitigation measures.

Significant and Unavoidable Impacts

Based on the DEIR, the following significant and unavoidable impacts would result from the Project.

1. Aesthetics: The Project would have a significant and unavoidable impact with regards to its effect on existing visual character or quality of public views of the site and its surroundings from U.S. 101, a County-designated scenic highway (Impact 3.2-1). Mitigation Measure 3.2-1 would lessen the severity of these impacts but not below the level of significance.

2. Air Quality: The Project would have a significant and unavoidable impact with regards to its effect on BAAQMD nitrogen oxides (NOx) thresholds and emissions of air pollutants (NOx, ROG, PM2.5, and PM10). Mitigation Measures 3.3-2a and

3.3-2b would reduce NOx thresholds but emissions of NOx would not be reduced below significance thresholds for project-specific or cumulative impacts (Impacts

3.3-1, 3.3-2 and 3.3-5).

3. Biological Resources: The Project would have a significant and unavoidable impact with regards to the Project’s interference with wildlife movement (Impact

3.4-15). Mitigation Measure 3.4-15 would reduce this impact but not below the thresholds of significance.

4. Cultural and Tribal Cultural Resources: The Project would have a significant and unavoidable impact with regards to changes in the significance of tribal cultural resources within the proposed area of development, and the Juristac (Huris-tak) Tribal Cultural Landscape (Impacts 3.5-4,3.5-5, and 3.5-9). Mitigation Measures 3.5-1, 3.5-3b, 3.5-4b and 3.5-5b would reduce the severity of these impacts, but not to a less-than-significant level.

5. Geology, Soils, and Paleontology: The Project would have a significant and unavoidable impact with regards to the Project’s potential to destroy paleontological resources important to Santa Clara County (Impact 3.7 -5).

Mitigation Measure 3.7-5 would not reduce impacts to a level of insignificance.

7.6 Packet Pg. 411

6. Transportation: The Project would have a significant and unavoidable impact with regards to the Project’s generation of additional Vehicle Miles Traveled (VMT), and no feasible mitigation is identified to reduce the impact (Impact 3.13 - 2).

Irreversible Impacts

An irreversible impact is defined by CEQA Guidelines as an impact that uses nonrenewable resources during the initial and continuing phases of the project. Based on the DEIR, buildout of the Project would commit nonrenewable resources during Project construction and ongoing utility services during Project operations. Some oil, gas, other fossil fuels, and nonrenewable resources would be consumed during Project operations and irreversible commitments of small quantities of nonrenewable resources would occur as a result of long-term Project operations. Irreversible extraction and consumption of aggregate material mined from the Project site would also occur as a result of Project operations.

Areas of Concern

The County has identified the primary areas of concerns to include the loss of biological habitat and compensatory mitigation, and the loss of cultural and tribal cultural resources, particularly those of importance to the Amah Mutsun Tribe of Costanoan/Ohlone Indians. Sargent Ranch is an area known as Juristac (Huris-tak) to the Amah Mutsun Tribal Band. Juristac lies at the heart of the ancestral lands o f the Amah Mutsun Tribe and is the location of ceremonial and sacred sites.

Options

The City Council has several options to consider regarding commenting on the DEIR and/or electing to express its position on the Project. Council may take the following action(s):

• Comment, or decline to comment, on the Draft EIR.
• Indicate support or opposition to the Project, and authorize the Mayor, or designee, to submit a letter to Santa Clara County.
• Indicate support or opposition to the Project, and direct staff to prepare a resolution for Council consideration and adoption in September 2022. • Take no action.

For reference, the Cities of Morgan Hill, Santa Cruz, Santa Clara, and Sunnyvale have each adopted a resolution in opposition to the Project. The resolutions ar e included as Attachments 3 through 6.

NEXT STEPS

7.6 Packet Pg. 412

Dependent on Council direction.

PUBLIC OUTREACH

Santa Clara County is the Lead Agency for the Project. Staff of the County’s Department of Planning and Development is conducting the public outreach ef fort. City staff has signed up for public notifications about this project.

Attachments:

1. Attachment 1 - Sargent Ranch Location Map

2. Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures

3. City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space

4. City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space

5. City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space

6. City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space

7. Correspondence - Rogers, Connie

7.6 Packet Pg. 413

City of Gilroy
TM 22-01, Z 22-01, AS 22-01
Location Map
Date:6/28/2022Drawn By:4,000 Lynx GIS Checked By:Miguel Contreras1:Sheet:1:1Scale:

7.6.a
Packet Pg. 414 Attachment: Location Map (3922 : 700 West 6th St.19-lot Zoning Amendment)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of a Zoning Amendment and Tentative Map for 700 W 6th St. Residential Subdivision Project
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director Prepared By: Miguel Contreras, Planner I
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Motion to read the ordinance by title only and waive further reading (Z22-01). b) Introduce an Ordinance of the City Council approving Zoning Amendment application Z 22-01 to redesignate a 3.7 acre site from Professional Office (PO) Zone to Single Family (R1) Zone, consistent with the 2040 General Plan. c) Adopt a Resolution approving Tentative Map application TM 22-01 to subdivide the property into 19 single family residential lots.

BACKGROUND
Surrounding Land Uses: The property is designated for residential development and within an established low density single-family residential neighborhood. The land use designation was changed in the 2040 General Plan adopted November 2020. The site

7.6.b
Packet Pg. 415 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)

has contained medical office uses for many years that were supported by the historic former hospital building at 651 W 6th Street. The hospital closed in 1989 and converted to senior housing, operated by South County Housing as Wheeler Manor.

Planning Commission Recommendation: On July 7, 2022, the Planning Commission held a public hearing on the project. A motion was made to continue the hearing on the tentative map to the next meeting, due to the July 4th holiday. This motion failed for lack of a second and the Commission proceeded with conduct ing the public hearing.

After closing the public hearing the Commission moved to adopt Resolution 2022 -12 recommending City Council approval of the rezoning, which passed by unanimous vote.

The Commission then moved to adopt Resolution 2022-13, which passed on a vote of 6-1. The Commission action included a revised condition that the London Plane street tree be changed to a less invasive street tree. The Commissioner voting in opposition to this motion had requested that a gate be required to restrict access from the public street along the west side of the site. The gate was requested by a neighbor to address potential transiency in the adjacent open space area.

More detailed discussion of the project can be found in the attached July 7, 2022 Planning Commission Staff report, and the Commission resolutions are attached. A link to meeting video is also available, which begins at minute 0:36:00 through 1:15:16:
http://gilroyca.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2083&Minut esID=1883&FileFormat=doc&Format=Minutes&MediaFileFormat=mpeg4 Environmental Assessment: Pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents for the following reasons:
i. The proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which is located in an existing residential area; ii. The site can be adequately served by all required utilities and public services, and would provide required roadway and other improvements to comply with stormwater requirements, and city street standards which includes bicycle lanes, sidewalks, street trees, curb and gutter improvement;
iii. The project is consistent with the Gilroy 2040 General Plan residential land use designation which is intended for R1 single family residential development; iv. The site is currently developed and has no habitat value; and v. The project would not result in significant traffic, noise, air quality or water quality impacts beyond that studied and anticipated for the residential area under the 2040 General Plan EIR. Traffic generated by the residential use will be less than 100 daily trips which is less than the traffic generated from the current office use.

ANALYSIS:

7.6.b
Packet Pg. 416 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)

Project Description: The applicant requests approval of zone change application Z 22- 01 to rezone a 3.70-acre site from Professional Offices (PO) to Single Family Residential (R1) and vesting tentative map application TM 22 -01 to subdivide a 3.70- acre site into 19 single family residential lots, 0.26 acre open space area for stormwater treatment and 0.35 acres for a private street and cul-de-sac. Applicant is Drew Walstrum, Warmington Residential. Property owner is M. Bakri Musa, Gilroy Professional Group, LLC. Assessor Parcel No.: 799-26-033; 799-26-037; 799-26-049; 799-26-050, -051, & -052.

Administrative-level Architectural and Site Review permit AS 22-01 has also been submitted. This review is required to permit construction of four or more new single- family homes when proposed by a single builder. Review is conducted to ensure variation in design, consistency in design quality and to review common site improvements. An AS application is not otherwise required to develop one single family residential lot. The AS application will be approved by staff following approval of TM 22 - 01 and Z 22-01.

General Plan Consistency: The 2040 General Plan designation for the property is Low Density Residential which allows a density of 3-8 dwelling units per net acre. The project would result in a residential density of approximately 6.1 dwelling units per acre.

The proposed subdivision, layout, and architectural design meets the findings for approval and is consistent with the Gilroy 2040 General Plan goals and policies, as discussed in the attached consistency table.

Zoning Amendment Analysis: The Zoning Amendment is supported and appropriate as it implements the 2040 General Plan Low Density Residential land use designation, which allows for R1 single family residential zoning or R2 duplex zoning, at 3 to 8 units per net acre. R1 single-family zoning and development is supported as the appropriate zone for the site. The alternative R2 duplex zoning typically is applied to areas where it provides a transition between single-family and multi-family neighborhoods. Thus, R2 zoning is not recommended for this location as the site is surrounded by R1 zoning on all sides. Findings for approval of the zoning amendment have been included in the attached Ordinance Z 22-01.

Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City Code (GCC), including but not limited to Chapter 21 (Subdivisions and Land Development). The (Vesting) Tentative Map is required subdivide the site into 19 residential lots. This request implements the proposed zoning with residential lot sizes of 6,660 square feet or greater and a density of 6.1 units per net acre. Further, the proposed development would result in an orderly and efficient residenti al development pattern, which includes roadways, sidewalks and improvements that comply with City standards.

The project is supported and not subject to the findings required for denial pursuant to the state Subdivision Map Act, Government Code Section 66474. The required findings

7.6.b
Packet Pg. 417 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)

and necessary conditions of approval have been prepared in conformance with City Code and are included in the draft Council Resolution (TM 22-01).

ALTERNATIVES
The City Council may modify or deny the requested applications. Staff does not recommend denial without making findings as required by the Government Code to deny a tentative map.

FISCAL IMPACT/FUNDING SOURCE
The applicant has paid all planning costs associated with the project. The project will also require payment of all associated building permit fees and development impact fees for citywide improvements as applicable.

CONCLUSION

The Planning Commission recommends that the City Council adopt an Ordinance approving the Planned Unit Development Zoning Amendment for reduced setbacks, and adopt a Resolution approving the Tentative Map for the residential development project.

NEXT STEPS

Upon approval of the recommended actions, the ordinance shall be scheduled for second reading at the next City Council meeting and shall become effective 30 days from adoption. Staff will take separate action on the architectural and site review permit.

The developer may proceed with the project by submitting a final map within two years of approval. The City Council must review and approve the subsequent final map prior to its recordation. Upon completion of the final map, the developer may proceed to construction.

PUBLIC OUTREACH/COMMENT
This application has been properly noticed and processed in compliance with applicable laws and Gilroy City Code. On July 22, 2022, notice of the City Council hearing was published in the Gilroy Dispatch and mailed to property owners within 500 feet of the subject site. In addition, City Council public hearing packets are available through the City's webpage.

The Planning Commission received and considered written and verbal testimony at the meeting prior to taking an action. Copies of the written comments submitted to the Planning Commission are attached, including written comment from local bicycle advocacy. One neighbor asked if a lockable gate could be provided along Parcel B to control transiency issues, and raised questions about hours of construction and air quality measures. Another neighbor asked about additional traffic on the roadway,

7.6.b
Packet Pg. 418 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)

future status of the traffic barrier onto Princevalle, construction start and duration, and tree removal. These questions were addressed at the meeting.

Attachments:

1. Location Map

2. Tentative Map

3. Landscape Plans

4. Architectural Plans

5. General Plan Compliance Table

6. Public Comments

7. PC Resolution 2022-12 - Z 22-01 - signed

8. PC Resolution 2022-13-TM 22-01 - signed

9. PC Staff Report July 7 2022

10. CC Ordinance Z 22-01

11. CC Resolution TM 22-01

12. Exhibit A - Conditions of Approval for TM 22-01

7.6.b
Packet Pg. 419 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)

ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ZONING MAP AMENDMENT (Z 22-01) FOR PROPERTY LOCATED ON 700 WEST 6th STREET APN: 799-26-033, 037, 049, 050, 051, & 052)

WHEREAS, on May 11, 2022 an application submitted by Warmington Residential requesting a zoning map amendment (Z 22-01) was accepted as complete for the 3.70 acre site located on 700 W 6th Street; and

WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and

WHEREAS, the proposed request to change the zoning designation for the subject site from Professional Offices (PO) to Single Family Residential (R1) would be in conformance with the 2040 General Plan low density residential land use designation and applicable goals and policies; and

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents as the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which can be adequately served by all required utilities and public services, and that is consistent with the Gilroy 2040 General Plan residential land use designation; and

WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and

WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Zoning Map Amendment meets the findings for approval and recommended that the City Council approve application Z 22-01.

WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Commun ity Development Department, Planning Division.

7.6.c
Packet Pg. 420 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)

Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 15, 2022